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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
JANUARY 15, 2025, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Ehlers called the meeting to order at 6:25 p.m.
2. ROLL CALL
Present: Mayor Bruce Ehlers, Council Members Jim O’Hara and Luke Shaffer There is one vacancy on the City Council – District 4.
Absent: Deputy Mayor Joy Lyndes
Also present: Interim City Manager Campbell, City Attorney Preziosi, Director of Engineering Bankston, Interim Director of Development Services Colamussi, 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
Council Member O’Hara spoke regarding healing and civility.
James Morton spoke regarding the health benefits of dancing.
Treena Priest spoke regarding marijuana consumption.
Natalie Settoon spoke regarding Santa Fe Drive.
Tracy Conkey spoke regarding Rossini Canyon.
Bernadette Dillon spoke regarding illegal fireworks.
Ellen Burr spoke regarding the Planning Commission affordable housing report.
Scott Campbell spoke regarding various topics.
Mike Conlen spoke regarding the public art sculpture loan program.
Michael Fremont spoke regarding various topics.
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Donna Westbrook spoke regarding Santa Fe Drive.
Dee Christman spoke regarding Santa Fe Drive.
Brian Stone spoke regarding civility and decorum at City Council meetings.
Sheila Cameron spoke regarding fire safety.
Mark Miville spoke regarding various topics.
6. REPORT FROM CLOSED SESSION
City Attorney Preziosi reported that the City Council held a Closed Session at approximately 4:00 p.m. to discuss four matters on the Closed Session agenda and recessed out of Closed Session at approximately 6:15 p.m.; and regarding the four closed session matters, no reportable actions were taken. City Attorney Preziosi also stated that Deputy Mayor Lyndes had to depart from the Closed Session and was not present for the last two items on the Closed Session agenda.
7. CHANGES TO THE AGENDA
City Clerk Hollywood announced that there were no changes to the posted agenda, but there was a correction to the December 18, 2024, Regular City Council minutes on page 28 changing the word “committee to community”.
8. CONSENT CALENDAR
Council Member O’Hara removed item 8D from the Consent Calendar.
COUNCIL ACTION:
Shaffer moved, Ehlers seconded to close and adopt the Consent Calendar with the exception of item 8D. Motion Carried. Ayes: Ehlers, O’Hara, and Shaffer. Nays: None. Absent: Lyndes. 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 December 10, 2024, Special Meeting; December 11, 2024, Regular Meeting; December 18, 2024, Special-Closed Session Meeting; and December 18, 2024, Regular Meeting. Contact Person: City Clerk Hollywood
Recommended Action: Approve the Minutes.
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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.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8D. Acceptance of the Beacon’s Beach Parking Lot Reconstruction (CP22A) Project. Contact Person: Senior Engineer Stryker
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) Authorize the filing of the Notice of Completion for the subject project; 2) Authorize the release of the payment bond for the subject project in full upon the recording of the Notice of Completion; 3) Authorize the release of the performance bond for the subject project in full, one (1) year after the recording of the Notice of Completion; and 4) Adopt City Council Resolution No. 2025-01, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the Public Improvements for the Beacon’s Beach Parking Lot Reconstruction Project (CP22A).” Council Member O’Hara stated he removed this item from the Consent Calendar to hear the staff report and had some questions for staff.
Senior Engineer Stryker presented the staff report and responded to questions from the Council.
Jim Knowlton, consultant from Geopacifica responded to questions from the Council.
COUNCIL ACTION:
O’Hara moved, Shaffer seconded to: 1) authorize the filing of the Notice of Completion for the subject project; 2) authorize the release of the payment bond for the subject project in full upon the recording of the Notice of Completion; 3) authorize the release of the performance bond for the subject project in full, one (1) year after the recording of the Notice of Completion; and 4) adopt City Council Resolution No. 2025-01, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the Public Improvements for the Beacon’s Beach Parking Lot Reconstruction Project (CP22A).” Motion Carried. Ayes: Ehlers, O’Hara, and Shaffer. Nays: None.
Absent: Lyndes. Abstain: None.
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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
Environmental Considerations: The project is 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 Camino Apartments project is statutorily exempt from CEQA in that it is located in the Residential 30 (R-30) Overlay Zone, which designates multi-family residential for ‘by right’ approval by Encinitas Municipal Code Chapter 30.09 (Zoning Use Matrix Note 35); proposes that 20 percent of the units will be affordable to lower income households; and does not require a subdivision.
Recommended Action: Deny the appeal and adopt draft City Council Resolution No. 2025-02 titled, “A Resolution of the City Council of the City of Encinitas, California Denying An Appeal Filed by Ruben Flores and Affirming the Planning Commission’s Approval of a Density Bonus and Design Review Permit to Authorize the Construction of a Four-Story Multi- Family Residential Development Consisting of 87 Residential Apartments (75 Market Rate Units and 12 Very Low-Income Units), Common Open Space, Grading, and Landscaping Improvements, Located East of El Camino Real and North of Garden View Road (APN 257-470-24)” affirming the Planning Commission’s decision to adopt Resolution No. PC 2024-32 approving the density bonus and design review permit. (Case No. DR- 006027-2023) with conditions.
Mayor Ehlers read the procedures for the appeal hearing.
Senior Planner Danna presented the staff report.
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COUNCIL DISCLOSURES OF ANY INFORMATION RECEIVED THAT IS NOT INCLUDED IN THE AGENDA PACKET:
Council Member Shaffer had nothing to disclose.
Council Member O’Hara had nothing to disclose.
Mayor Ehlers had nothing to disclose.
Mayor Ehlers opened the public hearing at 7:24 p.m.
Ruben Flores, Appellant, was not able to attend in person but provided his appeal presentation via audio recording.
Brian Grover, representing the Applicant presented his project and responded to questions from the Council.
PUBLIC SPEAKERS:
Donna Westbrook, Shelia Cameron, and Sandra Anderson, and Mark Miville spoke in opposition to the project.
Scott Campbell spoke regarding the project.
Brian Grover, representing the Applicant presented his rebuttal.
Ruben Flores, Appellant, was not present at the meeting and did not provide a rebuttal.
Mayor Ehlers closed the public hearing at 8:01 p.m.
Senior Planner Danna responded to questions from the Council.
Mayor Ehlers clarified with the City Attorney that any action to deny or approve the appeal will require three votes. If there is not a vote of three to either deny or approve the appeal, then the Planning Commission decision stands. The City Attorney concurred.
COUNCIL ACTION:
Ehlers moved, O’Hara seconded to deny the appeal and adopt draft City Council Resolution No. 2025-02 titled, “A Resolution of the City Council of the City of Encinitas, California Denying An Appeal Filed by Ruben Flores and Affirming the Planning Commission’s Approval of a Density Bonus and Design Review Permit to Authorize the Construction of a Four-Story Multi-Family Residential Development Consisting of 87 Residential Apartments (75 Market Rate Units and 12 Very Low-Income Units), Common Open Space, Grading, and Landscaping Improvements, Located East of El Camino Real and North of Garden View Road (APN 257-470-24)” affirming the Planning Commission’s decision to adopt Resolution No. PC 2024-32 approving Docusign Envelope ID: 7062F9A9-EDBE-4E52-8F36-3DA00299FE72
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the density bonus and design review permit (Case No. DR-006027- 2023) with the additional condition of approval regarding Nesting Bird Avoidance. Motion Failed (motion required three affirmative votes to pass). Ayes: Ehlers and O’Hara. Nays: Shaffer. Absent: Lyndes.
Abstain: None.
10B. Annual Report Concerning the Mitigation Fee Act for Fiscal Year 2023-24.
Contact Person: Finance Analyst Ramos
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: Review and file the Annual Development Impact Mitigation Fee Report for Fiscal Year Ended June 30, 2024.
Finance Analyst Ramos presented the staff report and responded to questions from the Council.
There was consensus from the Council to receive and file the Annual Development Impact Mitigation Fee Report for Fiscal Year ended June 30, 2024.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
There were no Council Member Initiated Agenda items.
11. INFORMATIONAL ITEMS
There were no Informational items.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Council Member Shaffer reported on attending a SANDAG/LOSSAN meeting.
Council Member O’Hara reported on attending an NCTD meeting.
Mayor Ehlers reported on attending a LOSSAN rail realignment meeting, a SANDAG Board Meeting, and a City selection committee comprised of all the San Diego County Mayors.
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14. CITY MANAGER REPORTS
Interim City Manager Campbell provided an update on the following items:
• The Encinitas Fire Department has two personnel assigned to the fires in Los Angeles
• The City’s website has a public safety page regarding emergency preparedness
• The Parks, Recreation, and Cultural Arts Department’s 2025 Music by the Sea Concert Series has begun and tickets are available on the City’s website
• Encinitas Community Park shade sails would be under maintenance and the playground will be closed intermittently for repairs beginning the week of February 5, 2025.
15. CITY ATTORNEY REPORTS
City Attorney Preziosi requested a one minute recess.
Mayor Ehlers called a recess at 9:08 p.m. and reconvened the meeting at 9:10 p.m.
City Attorney Preziosi stated that he would conduct further research on the three vote requirement in regard to Item 10A, and report back to the City Council.
City Clerk Hollywood reported that applications are available for the annual commission recruitment for Boards and Commission, the Mobility and Traffic Safety Commission, two unscheduled vacancies on the Public Health and Safety Commission, and one unscheduled vacancy on the Parks and Recreation Commission.
16. ADJOURNMENT
Mayor Ehlers adjourned the meeting at 9:13 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Bruce Ehlers, Mayor
By: Pete Weichers, Deputy
City Clerk
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