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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
NOVEMBER 20, 2024, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Kranz called the meeting to order at 6:03 p.m.
2. ROLL CALL
Present: Mayor Tony Kranz, Deputy Mayor Allison Blackwell, Council Members Bruce Ehlers, Kellie Shay Hinze (arrived at 6:04 p.m.), and Joy Lyndes
Absent: None
Also present: Acting City Manager Campbell, 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
There were no Special Presentations or Proclamations.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Carole Mayne spoke regarding traffic safety.
Patty Stottlemyer spoke regarding energy.
Joan Dodge spoke regarding support for the outgoing City Council.
Treena Priest spoke regarding impaired driving.
Natalie Settoon spoke regarding oversight.
Theresa Beauchamp spoke regarding elections.
Maria Ardantz spoke regarding crime.
Peggy Walker spoke regarding support for AB 3218.
Jeryl Anne Kessler spoke regarding the denial of the Melba project appeal.
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Mark Miville spoke regarding various topics.
Lisa Provenzano spoke regarding improvement projects on Santa Fe Drive.
Jennifer Hewitson spoke regarding storm water management.
Aaron Hebshi spoke regarding his appreciation for mobility improvements in the City.
Dolores Welty spoke regarding various topics.
Ron Doge spoke regarding support for the outgoing City Council and Mayor elect.
Dennis Kaden spoke regarding “Our Neighborhood Voices” initiative.
6. REPORT FROM CLOSED SESSION
City Attorney Preziosi reported that the City Council held a Closed Session from 3:00 p.m. to approximately 4:30 p.m., to discuss two items. The first item regarding Real Property on Piraeus Street and Plato Place, the City negotiators were Scott Noya, Special Counsel, and Jace Schwarm, Administrative Services Director to negotiate with Brian Grover and Lennar Homes of CA, LLC, neither Brian Grover or anyone representing Lennar Homes was present; under negotiation was the easement price and terms, while in Closed Session the City Council voted 5-0 to give direction to the City negotiation team to further negotiate the easement price and terms. The second item Public Employee Performance Evaluation under Government Code Section 54957 (City Manager). While in Closed Session the City Council by a motion by Mayor Kranz which was seconded by Council Member Ehlers, the City Council voted 5-0 to execute a mutual agreement between the City and Ms. Antil, which would conclude Ms. Antil’s employment as City Manager effective November 20, 2024, on terms that are consistent with her existing employment agreement with the City. Assistant City Manager Jennifer Campbell will begin serving as the Acting City Manager for the immediate future.
7. CHANGES TO THE AGENDA
There were no changes to the posted agenda.
8. CONSENT CALENDAR
City Clerk Hollywood announced that item 8G had been removed from the Consent Calendar by members of the public.
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COUNCIL ACTION:
Lyndes moved, Hinze seconded to close and adopt the Consent Calendar with the exception of Item 8G. 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 November 13, 2024, Special-Closed Session Meeting. Contact Person: City Clerk Hollywood
Recommended Action: Approve the Minutes.
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.
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. Contact Person: Human Resources Analyst III Wecker 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: 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. 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. Contact Person: Human Resources Analyst III Wecker
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) Docusign Envelope ID: CE5B53EF-24AD-4277-A09F-08B9DF37CF1C
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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: 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. 8F. Acceptance of a public art sculpture donation from artist Maidy Morhous.
Contact Person: Arts Division Manager Murphy
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: 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.
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. Contact Person: Principal Engineer Cabrera 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: 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).
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8G. Public Art Sculpture Loan Acceptance. Contact Person: Arts Division Manager Murphy
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) Docusign Envelope ID: CE5B53EF-24AD-4277-A09F-08B9DF37CF1C
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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) 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.
Arts Division Manager Murphy, Arts Commission Chair Fox, and Parks, Recreation and Cultural Arts Director Knopp presented the staff report.
SPEAKERS:
Jane Cartmill, Ronnie Steinau, David Billings spoke in opposition to the recommended action.
Sergio, Mike Conlen, Brian Johnson, and Scott Campbell spoke in support of the recommended action.
COUNCIL ACTION:
Lyndes moved, Hinze seconded to accept and approve the “Wingman” sculpture for a two (2) year loan installed on the City’s existing vacant sculpture pedestal located at Site C 2011 Avenida la Posta at the southwest corner of Rancho Santa Fe Road and Avenida la Posta, near the entrance to Sun Vista Park. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
Abstain: None.
Lyndes moved, Hinze seconded to accept and approve the “Neptune Jr.” sculpture for a two (2) year loan installed on the City’s existing vacant sculpture pedestal located at Site D 1511 North Vulcan Avenue in Leucadia Oaks Park near the corner of Sanford Street and North Vulcan Avenue. 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 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 Docusign Envelope ID: CE5B53EF-24AD-4277-A09F-08B9DF37CF1C
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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)). Contact Person: Project Planner Dichoso
Environmental Considerations: 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.
Recommended Action: 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 Docusign Envelope ID: CE5B53EF-24AD-4277-A09F-08B9DF37CF1C
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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.
Council Member Lyndes announced that she would be recusing herself from this project due to City policy at 7:16 p.m.
Assistant Director of Development Services Colamussi presented the staff report, Principal Engineer Cabrera, and Engineer I Edgeworth responded to preliminary questions from the Council.
COUNCIL DISCLOSURES OF ANY INFORMATION RECEIVED THAT IS NOT INCLUDED IN THE AGENDA PACKET:
Council Member Ehlers had no disclosures.
Council Member Hinze had no disclosures.
Deputy Mayor Blackwell had no disclosures.
Mayor Kranz had no disclosures.
Mayor Kranz opened the public hearing at 7:44 p.m.
Brian Flynn, representing the appellant, SAFER, presented their appeal.
Steve Gerken, representing the appellant, ECRD, presented their appeal.
Maria Miller and Nick Lee representing the applicant Quail Meadows Properties, LLC presented the project.
Mayor Kranz called the meeting into recess at 8:12 p.m., and reconvened the meeting at 8:39 p.m.
COUNCIL ACTION:
Kranz moved, Ehlers seconded to continue the item to a date certain of February 12, 2025 and to have the Appellants and Applicant focus on the CEQA issues related to the project. Motion Carried. Ayes:
Blackwell, Ehlers, Hinze, and Kranz. Nays: None. Absent: Lyndes.
Abstain: None.
Council Member Lyndes returned to the meeting at 8:48 p.m.
11. INFORMATIONAL ITEMS
There were no Informational items.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
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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 attending an Encina Wastewater Authority Board meeting and Santa Fe Irrigation District meeting.
Council Member Ehlers reported on attending an Encina Wastewater Authority Board meeting.
Council Member Hinze reported on an upcoming NCTD and San Diego Community Power meeting.
14. CITY MANAGER REPORTS
Acting City Manager Campbell announced the following upcoming events:
• Encinitas Holiday Parade on Saturday, December 7 at 5:30 p.m. • Encinitas annual lighting of the Encinitas Heritage Tree, Friday, December 6 at 4:00 p.m.
15. CITY ATTORNEY REPORTS
No City Attorney Report was given.
No City Clerk Report was given.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 8:50 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers, Deputy
City Clerk
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