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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
FEBRUARY 12, 2025, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Ehlers called the meeting to order at 6:00 p.m.
1A. Ceremonial Swearing in of Council Member District 4 Marco San Antonio Deputy City Clerk Weichers administered the Ceremonial swearing in of Council Member District 4, Marco San Antonio. City Clerk Hollywood announced that Council Member San Antonio was officially sworn in on January 24, 2025.
2. ROLL CALL
Present: Mayor Bruce Ehlers, Deputy Mayor Joy Lyndes, Council Members Jim O’Hara, Marco San Antonio, and Luke Shaffer
Absent: None
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
Mayor Ehlers announced that he was reducing Oral Communications time to two minutes due to the number of speakers.
Richard Smith spoke regarding traffic safety in Encinitas.
Kristine Schindler spoke regarding various topics.
Evan Bicher, Todd Beach, Andrew Taylor, and Richard Solomon spoke regarding an ADU being constructed on Cornish Drive.
Linda Rose and Glen Medwid spoke regarding code enforcement issues at a residential drug rehabilitation facility in Olivenhain.
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Natalie Settoon spoke regarding license plate readers and public safety.
Meenal Patel, Victoria Fulton, and Maria Al-Shamma spoke regarding the District 4 Council appointment process.
Madison Rapp spoke regarding support for smoke free environments in multi-unit housing.
Kip Sturclevan spoke regarding the public noticing process and ADU’s.
Dave Dean spoke regarding City landscape maintenance and the American Legion.
Nancy Moothart spoke regarding a lack of representation in New Encinitas.
Darius Degher spoke regarding various topics.
Sheila Cameron spoke regarding Proposition A.
Lisa Provenzano spoke regarding traffic in Encinitas.
Andy spoke regarding various topics.
Ron Dodge spoke regarding civility and respect in the Council chambers.
Scott Campbell spoke regarding RHNA requirements and goals.
Rachel Graves spoke regarding developments and conflicts of interest.
Elena Thompson spoke regarding various topics.
Patty Stottlemyer spoke regarding mobility.
Donna Westbrook spoke regarding residential permit parking.
6. REPORT FROM CLOSED SESSION
No Closed Session meeting was held.
7. CHANGES TO THE AGENDA
There were no changes to the posted agenda.
8. CONSENT CALENDAR
City Clerk Hollywood announced that items 8D, 8E, and 8H had been removed from the Consent Calendar by members of the public.
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Council Member O’Hara stated he also wanted to remove item 8D from the Consent Calendar.
COUNCIL ACTION:
Shaffer moved, O’Hara seconded to close and adopt the Consent Calendar with the exception of items 8D, 8E, and 8H. Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, San Antonio, and Shaffer. 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 January 15, 2025, Regular Meeting; and the January 22, 2025, Regular 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.
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.
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. 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.
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8G. Authorization to renew network lateral intrusion detection software. Contact Person: Operations and Engineering Supervisor O’Connor
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: 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.
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. 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: 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.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8D. Approval of Plans and Specifications for Bollards and Rumble Strip Installation at the North Coast Highway 101 and El Portal Intersection.
Contact Person: City Traffic Engineer Bandegan
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.
Recommended Action: 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, Docusign Envelope ID: 4B270EC2-3754-45CE-902A-FC13CF96232C
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“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.”
Traffic Engineer Bandegan presented the staff report and responded to preliminary questions from the Council.
PUBLIC SPEAKERS:
Donna Westbrook, Scott Campbell, Dennis Kaden, and Rick Smith spoke regarding this item.
COUNCIL ACTION:
O’Hara moved, Lyndes seconded to refer the project back to Traffic Engineering for a more aesthetic redesign to include consideration of a wood post wall, additional safety for the crosswalk, and consideration of yield to traffic sign in the circle. Motion Carried.
Ayes: Ehlers, Lyndes, O’Hara, San Antonio, and Shaffer. Nays: None.
Absent: None. Abstain: None.
8E. Summary Vacation of Waiver of Access Rights to El Camino Real for City of Encinitas Tract No. 4255, Parcel B. 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. 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.”
Principal Engineer Cabrera presented the staff report.
PUBLIC SPEAKER:
Donna Westbrook and Dennis Kaden spoke regarding this item.
COUNCIL ACTION:
Ehlers moved, Shaffer seconded to 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.” Motion Carried. Ayes: Ehlers, Docusign Envelope ID: 4B270EC2-3754-45CE-902A-FC13CF96232C
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Lyndes, O’Hara, San Antonio, and Shaffer. Nays: None. Absent:
None. Abstain: None.
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. Contact Person: Coastal Zone Program Administrator Mierau
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.
Recommended Action: 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.
Coastal Zone Administrator Mireau presented the staff report.
PUBLIC SPEAKER:
Ellen Burr spoke regarding this item.
COUNCIL ACTION:
Lyndes moved, Shaffer seconded to: 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. Motion Carried. Ayes:
Ehlers, Lyndes, O’Hara, San Antonio, and Shaffer. 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.
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Deputy Mayor Lyndes announced she would be recusing herself on item 10A due to her employer, the IDS group, working on the project. She left the Council Chambers at 7:56 p.m.
Mayor Ehlers called the meeting into recess at 7:56 p.m., and reconvened the meeting at 8:09 p.m.
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)). 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-007638-2024) 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 Docusign Envelope ID: 4B270EC2-3754-45CE-902A-FC13CF96232C
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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 (DB), design review permit (DR) and coastal development permit (CDP) (Case Nos. MULTI-003751-2020, DR-003759-2020, CDP-003761-2020) with conditions.
City Clerk Hollywood read the procedures for the continued appeal hearing.
Interim Director of Development Services Colamussi presented the staff report.
COUNCIL DISCLOSURES OF ANY INFORMATION RECEIVED THAT IS NOT INCLUDED IN THE AGENDA PACKET:
Council Member San Antonio had nothing to disclose.
Council Member Shaffer had nothing to disclose.
Council Member O’Hara disclosed that he spoke with Kathleen McDowell, representing the appellant ECRD.
Mayor Ehlers disclosed that he had met with Kathleen McDowell, representing the appellant ECRD on January 27, 2025. Mayor Ehlers clarified that any information received after February 5, 2025 would not be considered part of the public record so it would not violate the due process afforded to the applicant and appellants.
Kylah Staley, representing the appellant SAFER, presented their appeal.
Steve Gerken, Craig Sherman, and Kathleen McDowell representing the appellant ECRD, presented their appeal.
Nick Lee, representing the applicant Quail Meadows Properties, LLC, presented the project.
PUBLIC SPEAKERS:
Ted Elliott, Tracy Elliott, Van Cheng, Glen Johnson, Natalie Settoon, Danton Brown, Maria Ardantz, Jean Keyes, Thomas Jroski, Jeff Miller, Jillian Frost, Docusign Envelope ID: 4B270EC2-3754-45CE-902A-FC13CF96232C
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Andy, Molly Hintilan, Karen Kaden, Dennis Kaden, Patty Stottlemyer, Bret Morriss, Carole Mayne, Jeanne Visser, and Rachel Graves spoke in opposition to the project.
Marco Gonzalez spoke in support of the project.
COUNCIL ACTION:
O’Hara moved, Shaffer seconded to continue the meeting past 10:00 p.m. Motion Carried. Ayes: Ehlers, O’Hara, San Antonio, and Shaffer. Nays: None. Absent:
Lyndes. Abstain: None.
PUBLIC SPEAKERS (continued):
Richard Stern, Holly Cassell, Mike Metzger, and Jon Clausen registered opposition to the project, but chose not to speak.
Mayor Ehlers called the meeting into recess at 10:16 p.m., and reconvened the meeting at 10:19 p.m.
Nick Lee, representing the applicant Quail Meadows Properties, LLC, presented their rebuttal.
Kylah Staley, representing the appellant SAFER, presented their rebuttal.
Craig Sherman, and Steve Gerken representing the appellant ECRD, presented their rebuttal.
Nick Lee, representing the applicant Quail Meadows Properties, LLC, responded to questions from the Council.
Principal Engineer Cabrera and Interim Director of Development Services Colamussi responded to questions from the Council.
Kathleen McDowell, representing the appellant ECRD, responded to questions from the Council.
Nick Lee, representing the applicant Quail Meadows Properties, LLC, responded to questions from the Council.
Special Counsel Barbara Kautz stated that Jeff Chine, Attorney, had given her a note, which she gave back to Mr. Chine.
Jeff Chine, Attorney, representing the applicant Quail Meadow Properties, LLC, read the note he gave to Special Counsel Barbara Kautz. He clarified that his note was related to the Housing Accountability Act.
Special Counsel Barbara Kautz responded to questions from the Council regarding the Housing Accountability Act.
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Traffic Engineer Bandegan responded to questions from the Council regarding traffic and circulation related to the project.
Special Counsel Barbara Kautz responded to questions from the Council.
COUNCIL ACTIONS:
Shaffer moved to approve the appeals and deny the project. Motion failed for lack of a second.
Ehlers moved to deny the appeals (APPEAL-007636-2024 and APPEAL- 007638-2024) and adopt 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 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 (DB), design review permit (DR) and coastal development permit (CDP) (Case Nos. MULTI-003751-2020, DR-003759-2020, CDP-003761-2020) with conditions and AMENDED to include the following statement: This decision is based on unavoidable ramifications of state housing policies coupled with credible threats from HCD that will result in unavoidable and even greater harm to the City’s environment, traffic, flooding, environment, and community character. Our discretion has been usurped, possibly illegally, by the State through the forcing of unfunded mandates and threats of greater harm if we disapprove the project. We are approving this project under duress and only because the credible threats made by HCD and the Docusign Envelope ID: 4B270EC2-3754-45CE-902A-FC13CF96232C
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State leave us no choice. A “Sophie’s Choice” is not a choice. Motion failed for lack of a second.
Shaffer moved, O’Hara seconded to approve the appeals and deny the project. After discussion, Council Member Shaffer withdrew the motion.
Ehlers moved, Shaffer seconded to deny the appeals (APPEAL-007636- 2024 and APPEAL-007638-2024) and adopt 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 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 (DB), design review permit (DR) and coastal development permit (CDP) (Case Nos. MULTI-003751-2020, DR-003759-2020, CDP-003761-2020) with conditions and AMENDED to include the following statement: This decision is based on unavoidable ramifications of state housing policies coupled with credible threats from HCD that will result in unavoidable and even greater harm to the City’s environment, traffic, flooding, environment, and community character. Our discretion has been usurped, possibly illegally, by the State through the forcing of unfunded mandates and threats of greater harm if we disapprove the project. We are approving this project under duress and only because the credible threats made by HCD and the State leave us no choice. A “Sophie’s Choice” is not a choice. Motion Failed (motion required three affirmative votes to pass). Ayes: Ehlers and San Antonio; Nays: O’Hara and Shaffer. Absent: (Lyndes due to recusal).
Abstain: None.
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Ehlers moved, Shaffer seconded to deny the appeals (APPEAL- 007636-2024 and APPEAL-007638-2024) and adopt 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 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 (DB), design review permit (DR) and coastal development permit (CDP) (Case Nos. MULTI-003751-2020, DR-003759-2020, CDP-003761-2020) with conditions and AMENDED to include the following statement:
This decision is based on unavoidable ramifications of state housing policies coupled with credible threats from HCD that will result in unavoidable and even greater harm to the City’s environment, traffic, flooding, environment, and community character. Our discretion has been usurped, possibly illegally, by the State through the forcing of unfunded mandates and threats of greater harm if we disapprove the project. We are approving this project under duress and only because the credible threats made by HCD and the State leave us no choice. A “Sophie’s Choice” is not a choice. Motion carried. Ayes: Ehlers, San Antonio, Shaffer; Nays: O’Hara. Absent: (Lyndes due to recusal).
Abstain: None.
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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
No City Council reports were given.
14. CITY MANAGER REPORTS
No City Manager report was given.
15. CITY ATTORNEY REPORTS
No City Attorney report was given.
16. ADJOURNMENT
Mayor Ehlers adjourned the meeting at 12:49 a.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Bruce Ehlers, Mayor
By: Pete Weichers, Deputy
City Clerk
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