City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, DECEMBER 11, 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
2. ROLL CALL
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
4A.
Presentation of the Encinitas Historical Society’s Archiving Program by Hillel Schwartz, Archivist
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. 2024-12-11 Item 05 Oral Communications
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, Regular Meeting; November 19, 2024, Special Closed Session Meeting; November 19, 2024, Special Meeting; November 20, 2024, Special-Closed Session Meeting; November 20, 2024, Special Meeting; and November 20, 2024, Regular Meeting. Contact Person: City Clerk Hollywood Approve the Minutes.
2024-12-11 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. 2024-12-11 Item 08C Approval of Warrants List
8D.
Consideration of Proposed Changes to the 2025 calendar year City Council Meeting Schedule. 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: City Clerk Hollywood Approve the proposed changes to the 2025 calendar year City Council Meeting Schedule and adopt City Council Resolution 2024-115, titled "A Resolution of the City Council of the City of Encinitas, California, Approving Changes to the Calendar Year 2025 City Council Meeting Schedule." 2024-12-11 Item 08D City Council Meeting Schedule 2025
2024-12-11 Item 08D City Council Meeting Schedule 2025-UPDATED 8E.
Professional Consultant Services Agreement between the City of Encinitas and Ascent Environmental, Inc. ("Ascent") to provide a focused amendment to the Resource Management Element of the General Plan pursuant to Senate Bill ("SB") 1425 and Assembly Bill ("AB") 1889. 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 General Plan amendment. Contact Person: Senior Mobility Planner Jedynak Authorize the City Manager, in coordination with the City Attorney, to execute a Professional Consultant Services Agreement, in substantial form, for a focused amendment to the Resource Management Element with Ascent, in an amount not-to-exceed $470,687. 2024-12-11 Item 08E Resource Management Contract
8F.
Consideration of a 15-year lease agreement for the use of Encinitas coastal beaches within the California State Lands Commission jurisdiction, in conjunction with the City’s Opportunistic Beach Fill Program (OBFP) and Sand Compatibility and Opportunistic Use Program (SCOUP). Environmental Considerations: The recommended 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 the 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.
The current Mitigated Negative Declaration (MND) prepared and adopted for the OBFP included the Cities of Encinitas, Solana Beach, Coronado, and Imperial Beach in April 2008 (SCH No. 2008021048), and the City adopted a Final Mitigated Negative Declaration to amend the City of Encinitas OBFP in February 2014 (SCH No. 2013111057). There are no changes proposed for the current program at this time, aside from extending the existing permits, including the lease permit through the California State Lands Commission Contact Person: Coastal Zone Program Administrator Mierau Adopt Resolution No. 2024-128 titled, "A Resolution of the City Council of the City of Encinitas, California, to Authorize the City Manager, or Their Designee, to Execute a 15-Year Lease Agreement with the California State Lands Commission to Allow Continued Sand Nourishment Along the Encinitas Coast, Consistent with the Locations Set Through the Encinitas Opportunistic Beach Fill Program (OBFP) and Sand Compatibility and Opportunistic Use Program (SCOUP)" authorizing the City Manager, or their designee, in coordination with the City Attorney, to execute a 15-year lease agreement with the California State Lands Commission to allow continued sand nourishment along the Encinitas coast, consistent with the locations set through the Opportunistic Beach Fill Program (OBFP) and Sand Compatibility and Opportunistic Use Program (SCOUP). 2024-12-11 Item 08F Opportunistic Beach Fill Lease
8G.
Amendment No. 2 to Agreement for Professional Consultant Services between the City of Encinitas ("City") and Interwest Consulting Group, Inc. ("Interwest") to add $120,000 for additional support with as-needed civil engineering services for private land development projects. Environmental Considerations: The actions being considered by the City Council are exempt from the California Environmental Quality Act (CEQA) because they are not a "project" under Section 15378(b)(5) of CEQA Guidelines. The actions involve organizational or administrative activities of government that will not result in the direct or indirect physical change in the environment. Contact Person: Principal Engineer Cabrera 1) Authorize the City Manager or her designee, in coordination with the City Attorney, to execute Amendment No. 2 to the Agreement with Interwest in substantial form, to add $120,000 of capacity to the professional consultant contract, for a new not-to-exceed amount of $415,000; and 2) Adopt City Council Resolution No. 2024-131, titled "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2024-25 Budget" to appropriate $120,000 to the Land Development Division Professional Services Budget. 2024-12-11 Item 08G Interwest As-Needed Civil Engineering Services Amendment 2 8H.
Summary (street) vacation of 10-foot portion of unused road right of way on the southwest corner of Assessor Parcel Number (APN): 260-30-11-00 adjacent to MacKinnon Avenue for a length of 40 feet. 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. 2024-98, titled, "A Resolution of the City Council of the City of Encinitas, California, Approving the Summary Vacation of a 10 Foot Public Road Right-of-Way Between Lot A In Block 3 and Lot M in Block 2 of Map No. 1680 on Windsor Road at Mackinnon Avenue" approving the summary vacation of 10-foot of unused road right-of-way granted to the County of San Diego and assumed by the City of Encinitas upon incorporation for that portion of public right-of-way in between Lot A in Block 3, and Lot M in Block 2 of Map No. 1680 on Windsor Road at MacKinnon Avenue. (CASE NO. SUB-007085; APN: 260-305-11)" 2024-12-11 Item 08H ROW Vacation at 1635 MacKinnon
8I.
Belmont Village/Greystar open space conservation easement. 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: Planning Manager Innes Authorize a private property owner to grant an open space conservation easement in favor of the Nature Collective with the power of enforcement by the City of Encinitas and the State Attorney General. 2024-12-11 item 08I Belmont Village Open Space Easement 2024-12-11 Item 08I Belmont Village Open Space Easement - Combined & Updated
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 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.
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-007691-2024) of the Planning Commission’s approval of a density bonus and design review permit authorizing the construction of an 87-unit apartment project (Camino Apartments) and associated improvements on a 1.93 gross acre site. The project is located on the east side of El Camino Real and north of Garden View Road. Contact Person: Senior Planner Danna This agenda item has been removed from the agenda and will be rescheduled and renoticed for the regular meeting of January 15, 2025. It only appears on the agenda because it was legally noticed. 10B.
Public hearing to consider a timely-filed appeal (Case No. APPEAL-007676-2024) of the Planning Commission’s approval of a density bonus, tentative map, design review permit, and coastal development permit authorizing a 17-lot density bonus subdivision with associated site, grading, and public improvements, located on Bella Vista Drive (APN: 216-122-17).). Environmental Considerations: Pursuant to the California Environmental Quality Act (CEQA), an Environmental Initial Study (IS) was conducted which determined that the proposed project may have significant environmental effects related to aesthetics, biological resources, cultural resources, geology (paleontological resources), and tribal cultural resources. The project, with incorporation of the specific mitigation measures set forth in the approval, avoid or mitigate the potential significant environmental impacts to a less than significant level. A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was prepared for the proposed project and adopted by the Planning Commission. Contact Person: Assistant Director of Development Services Colamussi Deny the appeal and adopt the attached draft City Council Resolution No. 2024-129 titled "A Resolution of the City Council of the City of Encinitas, California Denying the Appeal Filed by United Citizens for Responsible Development of Bella Vista and Affirming the Planning Commission's Decision Approving a Density Bonus, Tentative Map, Design Review Permit, and Coastal Development Permit Authorizing the Subdivision of One (1) Existing Lot Into 17 Residential Lots (15 Market Rate and Two "Very-Low" Affordable Lots) and One (1) Private Street Lot Utilizing the State Density Bonus Law; Construction of One (1) Private Cul-De-Sac Road (Lot A), Grading to Exceed Four (4) Feet of Fill and Eight (8) Feet of Cut, and Landscape, Utility, Stormwater Drainage, and Site/Public Improvements; Encroachment Into Steep Slopes; and Use of a Construction Trailer, for Property Located on Bella Vista Drive (APN: 216-122-17) (CASE NOS. APPEAL-007676-2024, MULTI-005107-2022, SUB-005109-2022, DR-005108-2022, CDPNF-005602-2022; APN: 216-122-17)" affirming the Planning Commission's decision to adopt Resolution No. 2024-31 approving the density bonus, tentative map, design review permit, and coastal development permit (Case Nos. MULTI-005107-2022, SUB-005109-2022, DR-005108-2022, CDPNF-005602-2022) with conditions. 2024-12-11 Item 10B Bella Vista Appeal - Agenda Report
2024-12-11 Item 10B Bella Vista Appeal - Attachment 01 - Draft City Council Resolution No. 2024-129 2024-12-11 Item 10B Bella Vista Appeal - Attachment 02 - Planning Commission Resolution PC 2024-31 2024-12-11 Item 10B Bella Vista Appeal - Attachment 03 - Final Mitigated Negative Declaration (MND) and Appendices 2024-12-11 Item 10B Bella Vista Appeal - Attachment 04 - Planning Commission Agenda Report - October 17, 2024 2024-12-11 Item 10B Bella Vista Appeal - Attachment 05 - Appeal Application_Part1 2024-12-11 Item 10B Bella Vista Appeal - Attachment 05 - Appeal Application_Part2 2024-12-11 Item 10B Bella Vista Appeal - Attachment 05 - Appeal Application_Part3 2024-12-11 Item 10B Bella Vista Appeal - Attachment 06 - Recon Environmental Response to Appeal 2024-12-11 Item 10B Bella Vista Appeal - Attachment 07 - Public Notice 2024-12-11 Item 10B Bella Vista Appeal - Attachment 08a - Applicant Presentation & Supplemental Material 2024-12-11 Item 10B Bella Vista Appeal - Attachment 08b - Appellant Presentation 10C.
Discussion and action regarding options for filling the District 4 Council seat left vacant by Bruce Ehlers being elected Mayor. 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: City Clerk Hollywood City Council discuss and provide direction to staff regarding filling the District 4 City Council vacancy. 2024-12-11 Item 10C Council Vacancy
2024-12-11 Item 10C Council Vacancy-UPDATED
2024-12-11 Item 10C Council Vacancy - Public Comment
10D.
Discussion and possible appointments of Encinitas City Council Members to Regional Boards and Committees, and consideration and possible action regarding existing Standing Subcommittee and Active Ad Hoc Subcommittee appointments. 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: Executive Assistant to Mayor and City Council Blease 1) City Council to make recommendations and approve final appointments of Representative and Alternate to the North County Transit District (NCTD) 2025 Board of Directors; 2) City Council to make recommendations and approve final appointments of Representative, Alternate, and Second Alternate to the San Diego Association of Governments (SANDAG) 2025 Board of Directors; 3) Mayor to make recommendations and City Council to approve all other 2025 regional board and committee appointments; and 4) City Council to consider and possibly take action regarding appointments to standing subcommittee and active ad hoc subcommittee appointments. 2024-12-11 Item 10D Regional Committee and Board Appointments - Updated 12-10-2024 Attachement 3 10E.
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; and 4) Consider SANDAG's request for non-standard construction hours. 2024-12-11 Item 10E SANDAG BLDT & City Parcels
2024-12-11 Item 10E SANDAG BLDT & City Parcels - Public Comment Received for 11-13-2024 CC Meeting 2024-12-11 Item 10E SANDAG BLDT & City Parcels - 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 18, 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.