City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, FEBRUARY 19, 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
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
4A.
Proclamation in recognition of National Spay/Neuter Awareness Month 2025-02-19 Item 04A Spay and Neuter Awareness Month Proclamation
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. 2025-02-19 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 January 15, 2025, Special Closed Session Meeting. Contact Person: City Clerk Hollywood Approve the Minutes.
2025-02-19 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. 2025-02-19 Item 08C Approval of Warrants List
8D.
Council to review and approve proposed changes to City Council Policy C003 - Policies and Protocols for City Council Meetings. 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 Adopt Resolution No. 2025-14 titled "A Resolution of the City Council of the City of Encinitas, California, Approving Amended City Council Policy C003 - Policies and Protocols for City Council Meetings" to reflect new submittal deadline for City Council Initiated Items. 2025-02-19 Item 08D City Council Policy C003
8E.
A Memorandum of Understanding between the City of Encinitas and Encinitas Environment Day for a community special event at Encinitas Community Park. Environmental Considerations: The action 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: Senior Management Analyst Gilliam Approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) between the City of Encinitas and Encinitas Environment Day (EEDAY) in substantial form in consultation with the City Attorney to host the EcoFest event on Sunday, June 1, 2025, at Encinitas Community Park from 11:00 a.m. - 3:00 p.m. 2025-02-19 Item 08E Encinitas Environment Day MOU
8F.
Request to authorize staff to file a $1.819M grant application through the California State Department of Parks and Recreation, Division of Boating and Waterways (DBW) for Phase 2 of the United States Army Corps of Engineers (USACE) San Diego County, CA Project (Storm Damage Reduction Project) for the Pre-construction, Engineering, and Design (PED) portion of the second phase of this project. Environmental Considerations: The action being considered by the City Council is not subject to the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15060(c)(3) 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.
On October 14, 2015, the City Council approved Resolution No. 2015-36 certifying the Final Environmental Initial Study (FEIS) and Final Environment Impact Report (FEIR) for the 50-year life of the Storm Damage Reduction Project. The City Council determined that the FEIR is complete and adequate in scope and in compliance with NEPA and the State CEQA Guidelines. According to the Encinitas FEIS/FEIR, all of the potentially significant impacts of the project can be avoided or reduced to a level below significance by the implementation of feasible mitigation measures. Contact Person: Coastal Zone Program Administrator Mierau Authorize the Interim City Manager, or designee, to apply for grant funding for the PED Phase 2 of the USACE San Diego County, CA Project through DBW, for funding to be allocated during Fiscal Year 2026-27. 2025-02-19 Item 08F DBW USACE Grant Application
8G.
Adoption of Ordinance No. 2025-02 Assigning Equivalent Dwelling Units (EDUs) for Sewer Capacity Fees for the Cardiff Sanitary Division (CSD) and the Encinitas Sanitary Division (ESD) and Amending Encinitas Municipal Code §18.08.025(A)). 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: Senior Management Analyst Elmore Staff recommends that the City Council adopt Ordinance No. 2025-02 titled "An Ordinance of the City Council of the City of Encinitas, California, Assigning Equivalent Dwelling Units for Sewer Capacity Fees for the Cardiff Sanitary Division and Encinitas Sanitary Division and Amending Encinitas Municipal Code §18.08.025(A)." 2025-02-19 Item 08G Update Sewer EDUs - Second Reading - Adopt Ordinance No 2025-02
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): 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-007775-2024) of the Planning Commission’s approval of a design review permit and coastal development permit for the construction of detached two-family dwellings and two accessory dwelling units on a vacant lot located east of San Elijo Avenue. The project is located east of San Elijo Avenue, West of Summit Avenue and south of Santa Fe Drive. Environmental Considerations: In accordance with the California Environmental Quality Act (CEQA) guidelines, Class 32, Section 15332 (Infill Development Projects), the project is exempt from CEQA in that this project is consistent with all applicable general plan land use and all applicable policies as well as with all applicable zoning designations and regulations, as outlined in the staff report and resolution. The proposed development occurs within city limits on a project site, no more than five acres, and is substantially surrounded by urban uses, the project would not result in any significant impacts relating to vehicle miles traveled, noise, air quality or water quality. Contac Person: Senior Planner Bustamante Deny the appeal and adopt the draft City Council Resolution No. 2025-27 titled, "A Resolution of the City Council of the City of Encinitas, California Denying an Appeal Filed by Michael Seskin and Affirming the Planning Commission's Approval of a Design Review Permit and Coastal Development Permit for the Construction of Detached Two-Family Dwellings and Two Accessory Dwelling Units on a Vacant Lot Located East of San Elijo Avenue, West of Summit Avenue, and South of Santa Fe Drive. (APN 260-621-04)" affirming the Planning Commission's decision to adopt Resolution No. PC 2024-38 approving the design review permit and coastal development permit, (Case No. MULTI 006424-2023) with conditions. 2025-02-19 Item 10A Agenda Report - MULTI-006424-2023 APPEAL-007775-2024 (San Elijo Residenes) 2025-02-19 Item 10A Agenda Report - MULTI-006424-2023 APPEAL-007775-2024 (San Elijo Residenes) - UPDATED 02-12-2025 528 p.m. 2025-02-19 Item 10A Attachment 01 Draft City Council Resolution 2025-02-19 Item 10A Attachment 02 Planning Commission Agenda Report 2025-02-19 Item 10A Attachment 03 Planning Commission Resolution 2024-38 2025-02-19 Item 10A Attachment 04 Appeal Application
2025-02-19 Item 10A Attachment 05 Public Notices
2025-02-19 Item 10A Attachment 06 Applicant Response to Appeal 10B.
Council to hear from applicants for the Mobility and Traffic Safety Commission At-Large Representatives, Parks and Recreation Commission, and Public Health and Safety Commission. 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 1) Hear from applicants regarding qualifications and interest in serving on a City Commission; 2) Discuss as needed; and 3) Mayor to make recommendations with City Council approval to make two appointments to the Mobility and Traffic Safety Commission (At-Large Representatives) for full three-year terms expiring March 2028, one appointment to fill one unscheduled vacancy on the Parks and Recreation Commission with a term expiring March 2027, and two appointments to fill two unscheduled vacancies on the Public Health and Safety Commission with terms expiring March 2026. 2025-02-19 Item 10B Commission Interviews and Possible Appointments 2025-02-19 Item 10B Commission Interviews and Possible Appointments - Public Comment 10C.
Discussion and possible updates to Regional Boards, Committees and Active Ad Hoc Subcommittee appointments following the appointment of Marco San Antonio as Council Member for District 4 on January 22, 2025. 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) Mayor to make recommendations and City Council to approve all other 2025 regional board and committee appointments; and 2) City Council to consider and possibly take action regarding appointments to standing subcommittee and active ad hoc subcommittee appointments. 2025-02-19 Item 10C Regional Committee and Board Appointments 10D.
Encinitas Fire Station #1 Selection of Temporary Location at the Pacific View Arts Center and Design Funding for Temporary Relocation. Environmental Considerations: The project proposes to temporarily locate a fire support trailer and garage on a developed site. Pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15269(c), 15301(b), 150303(c),15303 (e) and 15303 (f), the project would be exempt from environmental review. The relocation of Fire Station #1 is necessary to address an emergency at the current location due to seismic safety conditions of the existing building consistent with Section 15269(c) of the CEQA Guidelines. The project is consistent with Section 15301(b) because it is located on a developed site with existing parking and utilities such as gas, sewer, water and electrical amenities. The project is also consistent with Section 150303(c) because the total floor area of the two (2) temporary buildings is less than the maximum 10,000-square foot floor area allowed under the exemption. Section 15303(e) exempts accessory (appurtenant) structures such as a garage. Section 15304(f) exempts minor trenching conducted to connect to existing underground offsite utilities and the surface would be restored. The project does not qualify as one of the exceptions prescribed under Section 15300.2 of the CEQA Guidelines and no historic resources are affected by the proposed project. Contact Person: Fire Chief Gordon 1) Approve the temporary relocation of Encinitas Fire Station #1 from its current location at 415 Second Street to a temporary facility at the Pacific View Arts Center (PVAC) property located at 608 Third Street at the Southeast site option; and 2) Adopt Resolution No. 2025-21, titled "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2024-25 Budget" to appropriate $125,000 to the Emergency Fire Station #1 Relocation (CF25A) Project." 2025-02-19 Item 10D Fire Station 1 Selection of Temp. Location 10E.
Introduction of Ordinance No. 2025-01, regulating mature trees in the City of Encinitas. Contact Person: Senior Mobility Planner Jedynak This agenda item has been removed from the agenda and will be rescheduled and re-noticed for a future meeting. The item only appears on this agenda because it was continued to a date certain from the January 22, 2025, Regular City Council.
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.
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.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
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.
14. CITY MANAGER REPORTS
15. CITY ATTORNEY REPORTS
16. ADJOURNMENT - THE NEXT REGULAR CITY COUNCIL MEETING WILL BE HELD ON FEBRUARY 26, 2025 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.