City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, FEBRUARY 12, 2025 -
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
1A.
Ceremonial Swearing in of Council Member District 4 Marco San Antonio
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
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. 2025-02-12 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 January 15, 2025, Regular Meeting; and the January 22, 2025, Regular Meeting. Contact Person: City Clerk Hollywood Approve the Minutes.
2025-02-12 Item 08B Minutes
2025-02-12 Item 08B Minutes - Updated 02-06-2025
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. 2025-02-12 Item 08C Approval of Warrants List
8D.
Approval of Plans and Specifications for 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 of the CEQA Guidelines. Section 15311 exempts the construction and replacement of minor structures. 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 and specifications for Bollards and Rumble Strip Installation at the North Coast Highway 101 and El Portal Intersection; and 2) Adopt Resolution No. 2025-12 titled, "Resolution of the City Council of the City of Encinitas Approving the Design and Plans for Construction of El Portal Roundabout Bollards Installation Project, Pursuant To Government Code Section 830.6." 2025-02-12 Item 08D El Portal Bollard Installation Design Immunity 8E.
Summary Vacation of Waiver of Access Rights to El Camino Real for City of Encinitas Tract No. 4255, Parcel B. 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. 2025-04 titled, "A Resolution of the City Council of the City of Encinitas, California, Summary Vacation of Waiver of Access Rights to El Camino Real for City of Encinitas Tract No. 4255. Parcel B (CASE NO. SUB-007305); APN 257-470-24." 2025-02-12 Item 08E Camino Housing Summary Vacation
8F.
Summary (street) vacation of a 10-foot wide Irrevocable Offer of Dedication (IOD) for a length of 50 feet along the frontage of 1500 Neptune 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. 2025-07 titled, "A Resolution of the City Council of the City of Encinitas, California, Approving the Summary Vacation of a 10-Foot Wide Irrevocable Offer of Dedication (IOD) on the Easterly Side of Parcel 2 of Parcel Map No. 13956 Along Neptune Avenue (CASE NO. SUB-007279; APN: 254-040-35)" approving the summary vacation of the existing 10-foot wide IOD granted to the County of San Diego and assumed by the City of Encinitas upon incorporation for that portion of public right-of-way on the easterly side of Parcel 2 of Parcel Map No. 13956. 2025-02-12 Item 08F 1500 Neptune Ave Summary Vacation
8G.
Authorization to renew network lateral intrusion detection software. 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: Operations and Engineering Supervisor O’Connor Authorize the software renewal for the network lateral intrusion detection system with Nth Generation in a total amount not to exceed $143,090 in FY 2024-25 using NASPO Valuepoint Master Agreement # 23022, State of California Participating Addendum (PA) 7-23-70-55-08. 2025-02-12 Item 08G Authorization to renew network lateral intrusion detection software 8H.
Acceptance of California State Coastal Conservancy (SCC) grant funds, in the amount of $1,060,000 to support the continued maintenance, monitoring, and permitting of the Cardiff State Beach Living Shoreline project for the next five years. Environmental Considerations: The action being considered by the City Council is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines because it is not a "project" as per Section 15378(b)(5). The action authorizes staff to implement an organizational or administrative activity of government that by itself will not result in a direct or indirect physical change in the environment. Contact Person: Coastal Zone Program Administrator Mierau 1) Receive SCC grant funds in the amount of $1,060,000 for the Cardiff State Beach Living Shoreline Project; 2) Adopt Resolution No. 2025-09, titled, "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2024-2025 Budget", thus appropriating SCC grant funds to the Cardiff State Beach Living Shoreline (CP16A) Capital Improvement Project; and 3) Authorize the Interim City Manager or her designee, in consultation with the City Attorney, to execute the required Grant Agreement No. G24-052 in substantial form. 2025-02-12 Item 08H Cardiff State Beach Living Shoreline Grant Acceptance 8I.
Approval of a Memorandum of Understanding (MOU) between the City of Encinitas and The Veterans Art Project (VetArt) to host Art in The Parks with VetArt. 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 Authorize the City Manager to execute a Memorandum of Understanding with VetArt in conjunction with the City Attorney in substantial form, between the City of Encinitas and VetArt for the Art in the Parks with VetArt program. 2025-02-12 Item 08I VetArt MOU
9. ITEMS REMOVED FROM THE CONSENT CALENDAR Staff reports will be given only if requested by the person who pulled the item.
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.
Continued public hearing to consider two timely-filed appeals (Case Nos. APPEAL-007636-2024 (SAFER) and APPEAL-007638-2024 (ECRD)) of the Planning Commission’s approval of a density bonus (DB), design review permit (DR), and coastal development permit (CDP) authorizing the demolition of all onsite structures, and 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, grading/utility, and landscaping improvements, stormdrain sliplining repair, habitat restoration, new roundabout at project entry of Kristen Court/Quail Meadows Drive intersection; 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)). 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.
Contact Person: Project Planner Dichoso
Deny the appeals (APPEAL-007636-2024 and APPEAL-007638-2024) and adopt draft City Council Resolution No. 2025-10 titled, "A Resolution of the City Council of the City of Encinitas, California 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 wf 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 (DB), design review permit (DR) and coastal development permit (CDP) (Case Nos. MULTI-003751-2020, DR-003759-2020, CDP-003761-2020) with conditions. 2025-02-12 Item 10A - Agenda Report Quail Meadows
2025-02-12 Item 10A - Supplemental Public Memo from Goldfarb and Lipman (Posted 02-07-2025) 2025-02-12 Item 10A - Attachment 00 2024-11-20 Agenda Report 2025-02-12 Item 10A - Attachment 01 Proposed CC Resolution 2025-10 2025-02-12 Item 10A - Attachment 02 PC 2024-28 Quail Meadows 2025-02-12 Item 10A - Attachment 03 Planning Commission Agenda Report 2025-02-12 Item 10A - Attachment 04 007636-2024 APPEAL (QM - SAFER) 2025-02-12 Item 10A - Attachment 05 007638-2024 APPEAL (QM - ECRD) 2025-02-12 Item 10A - Attachment 06 2024-11-04 Ltr to City of Encinitas City Council 2025-02-12 Item 10A - Attachment 07 QM response Memo to ECRD Appeal 11.4.24 2025-02-12 Item 10A - Attachment 08 Dudek Response memo to Bio Issues 2024.10.03 2025-02-12 Item 10A - Attachment 09 Quail Meadows RTC AQ and GHG 2025-02-12 Item 10A - Attachment 10 CRA - Response to Appeal 2025-02-12 Item 10A - Attachment 11 Tech Study - Soil Remediation Plan and DEH Approval Letter v3 2025-02-12 Item 10A - Attachment 12 Coastal Commission Correspondence 2025-02-12 Item 10A - Attachment 13 Geocon Response memo 11.12.24 2025-02-12 Item 10A - Attachment 14 RICKResponsesLetter toECRDComments_11.12.24 2025-02-12 Item 10A - Attachment 15 Public Notice
2025-02-12 Item 10A - Attachment 16 Public Correspondence 2025-02-12 Item 10A - Attachment 17 ECRD Appellant Information 2025-02-12 Item 10A - Attachment 18 Updated 11-20-2024 Appellant and Applicant PPT Presentations and Supplemental Materials Updated 11-20-2024 Adding Pages 240-247 2025-02-12 Item 10A - Attachment 19 Applicant Supporting Documentation 2025-02-12 Item 10A - Attachment 20 Appellant (SAFER) Supporting Documentation 2025-02-12 Item 10A - Attachment 21a Appellant (ECRD) Supporting Documentation 24-11-20_ECRD Appeal Report 2025-02-12 Item 10A - Attachment 21b Appellant (ECRD) Supporting Documentation 24-11-20_ECRD Appeal Exhibits 2025-02-12 Item 10A - Attachment 21b Exhibit 5 Appellant (ECRD) Supporting Documentation Video of Active Stream 1 2025-02-12 Item 10A - Attachment 21b Exhibit 6 Appellant (ECRD) Supporting Documentation Video of Active Stream 2 2025-02-12 Item 10A - Attachment 21b Exhibit 7 Appellant (ECRD) Supporting Documentation Video of Active Stream 3 2025-02-12 Item 10A - Attachment 21c Appellant (ECRD) Supporting Documentation 25-02-12_ECRD Appeal Supplemental Report 2025-02-12 Item 10A - Attachment 21d Appellant (ECRD) Supporting Documentation 25-02-12_ECRD Supplemental Report Exhibits 2025-02-12 Item 10A - Attachment 21e Appellant (ECRD) Supporting Documentation 24-11-20_ECRD Appeal Presentation 2025-02-12 Item 10A - Attachment 21f Appellant (ECRD) Supporting Documentation 25-02-12_ECRD Continued Appeal Presentation 2025-02-12 Item 10A - Attachment 22 HCD Letter of Support 2025-02-12 Item 10A - Public Correspondence after Agenda Posting
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 FEBRUARY 19, 2025 2025-02-12 Item 10A - Public Correspondence after Agenda Posting 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.