Encinitas — 2023-09-13

10A. Interim Safety and Mobility Enhancements on Quail Gardens Drive and\nSaxony Road. Environmental Considerations: The proposed project is\nexempt from the California Environmental Quality Act (CEQA) pursuant to\nSection 15301 (c) of the CEQA Guidelines. This section exempts projects\ncharacterized as minor alterations to public facilities, involving negligible or no\nexpansion of the existing use. The proposed project meets the criteria for this\nexemption. Contact Person: City Traffic Engineer Bandegan\nRecommended Action: 1) Approve recommended safety and mobility\nimprovements on the Quail Gardens Drive and Saxony Road corridors. If\napproved, staff will return to the City Council for design approval and design\nimmunity; and 2) Provide direction on the neighborhood traffic circle style to\nbe implemented.\n2023-09-13 Item 10A QGD and Saxony Enhancements\n2023-09-13 Item 10A QGD and Saxony Enhancements

10B. Public Hearing to Receive Testimony regarding Amending Permit Parking\nZone D on Via Molena, Via Tavira, Via Sarasan, Via Palacio and Via Villena to\nExpand the Zone Boundary. Environmental Considerations: The action being\nconsidered by the City Council is exempt from the California Environmental\nQuality Act (CEQA) pursuant to Section 15301 (c) of the CEQA Guidelines.\n9/8/23, 2:02 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=3930\nThis section exempts projects with negligible or no expansion of use. Parking\npermit modification meet this exemption. Contact Person: City Traffic\nEngineer Bandegan\nRecommended Action: 1) Conduct a public hearing to receive testimony\nregarding amending Permit Parking Zone D on Via Molena, Via Tavira, Via\nSarasan, Via Palacio and Via Villena to Expand the Zone Boundary; 2)\nRescind Resolution No. 2023-22, titled "A Resolution of the City Council of the\nCity of Encinitas, California, Establishing A Permit Parking Zone on Via\nMolena (from 200' East of Via Tavira to Via Cantebria), Via Tavira, Via\nSarasan, Via Palacio and Via Villena"; 3) Adopt Resolution 2023-105, titled "A\nResolution of the City Council of the City of Encinitas, California Establishing\nA Revised Permit Parking Zone on Via Molena (from 200' East of Via Tavira to\nVia Cantebria), Via Tavira, Via Sarasan, Via Palacio and Via Villena" that\nincludes residents of Ritz Colony (located at 1190 Encinitas Blvd) and The\nCape Apartments (located at 120 Via Cantebria).\n2023-09-13 Item 10B Amend Permit Parking Zone D

10C. Public Hearing to consider a timely-filed appeal of the Planning Commission’s\napproval of a Density Bonus, Design Review Permit, Coastal Development\nPermit, and Boundary Adjustment for the construction of a multi-family\nresidential development consisting of 202 residential apartments (172 market\nrate and 30 low-income units) within one building including private amenity\nand common open space, grading improvements exceeding four (4) feet of fill\nand eight (8) feet of cut, and landscaping improvements, the use of a\ntemporary construction trailer, and consolidation of four (4) of the six (6)\nunderlying legal lots resulting in three (3) remaining lots. Proposed amenities\ninclude a pool, spa, a shared California Room (an indoor-outdoor living\nspace), a variety of outdoor seating types to accommodate all residents,\ngaming plaza, bike storage, bike/vehicle charging stations, meditation studio,\nexterior beach and surf wash, fitness center with fitness mezzanine and\noutdoor fitness area, outdoor kitchen with barbecues and sink, various\noutdoor dining areas, and a dog park. A total of 338 parking spaces are\nproposed in a parking structure and surface parking for use by residents and\nguests. CASE NOS.: MULTI-004979-2021, DR-004980-2021, BADJ-004981-\n2021 & CDP-004982-2021; LOCATION: 550 ENCINITAS BLVD (APNs: 258-\n111-16, 258-130-45 & 258-130-34). Environmental Considerations: The\nproject is statutorily exempt from the California Environmental Quality Act\n(CEQA) under Government Code Sections 65583.2(h) and (i), which provide\nthat, if a housing development project is located on a site designated for ’by\nright’ approval, contains at least 20 percent of the units affordable to lower\nincome households, and does not require a subdivision, the City may only\nrequire design review approval of the project, and design review approval\nshall not constitute a "project" under CEQA. The Moonlight Apartments project\nis located in the R-30 Overlay Zone, which is designated for ’by right’ approval\nby Encinitas Municipal Code Chapter 30.09 (Zoning Use Matrix Note 35) and\nproposes that 30 of 202 units (20 percent of 149 base density units),\nexclusive of additional units provided by a density bonus, will be affordable to\nlower income households and does not require a subdivision. The boundary\nadjustment has also been determined to be exempt from environmental\nreview pursuant to CEQA Guidelines Section 15305 a (Minor Alterations in\nLand Use Limitations), which exempts minor lot line adjustments that do not\n9/8/23, 2:02 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=3930\nresult in the creation of any new parcel. This boundary adjustment is\nconsolidating existing underlying lots and it is not creating a new parcel.\nContact Person: Planner IV Bustamante\nRecommended Action: Deny the appeal and adopt draft City Council\nResolution No. 2023-99 titled, "A Resolution of the City Council of the City of\nEncinitas, California, Denying an Appeal and Affirming the Planning\nCommission's Decision on June 15, 2023 Making the Required CEQA\nFindings and Approving a Density Bonus, Design Review Permit, Boundary\nAdjustment, and Coastal Development Permit to Construct 202 Residential\nUnits and Amenities, Including Grading, Site, and Landscaping Improvements\nand a Temporary Construction Trailer, and Consolidation of Four of the Six\nUnderlying Legal Lots Resulting in Three Remaining Lots for the Property\nLocated at 550 Encinitas Blvd. (CASE NO. MULTI-004979-2021, DR-004980-\n2021, BADJ-004981-2021 AND CDP-004982-2021; APNs: 258-111-16, 258-\n130-45 & 258-130-34)", affirming the Planning Commission's decision to\nadopt Resolution No. PC-2023-14 approving the Density Bonus, Design\nReview Permit, Coastal Development Permit, and Boundary Adjustment with\nconditions.\n2023-09-13 Item 10C Moonlight Appeal - Agenda Report\n2023-09-13 Item 10C Moonlight Appeal - Attachment 01 Resolution\n2023-09-13 Item 10C Moonlight Appeal - Attachment 02 Planning Commission\nReso 2023-14\n2023-09-13 Item 10C Moonlight Appeal - Attachment 03 June 15, 2023 PC\nAgenda Report\n2023-09-13 Item 10C Moonlight Appeal - Attachment 04 Appeal Application\n2023-09-13 Item 10C Moonlight Appeal - Attachment 05 EA Executive\nSummary 5th Cycle Housing Element Update\n2023-09-13 Item 10C Moonlight Appeal - Attachment 06 HCD Letter\n2023-09-13 Item 10C Moonlight Appeal - Attachment 07 Public Notice\n2023-09-13 Item 10C Moonlight Appeal - Attachment 08 Applicant Response -\nPC\n2023-09-13 Item 10C Moonlight Appeal - Attachment 09 Applicant Response -\nCC\n2023-09-13 Item 10C Moonlight Appeal - Attachment 10 Appellant Letter 2023-\n09-01\n2023-09-13 Item 10C Moonlight Appeal - Attachment 11 Applicant Response\n2023-09-06

10D. Application denial for the second year of the 2024 Moonlight Beach Half\nMarathon Major Special Event. Environmental Considerations: The action\n9/8/23, 2:02 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=3930\nbeing considered by the City Council is exempt from the California\nEnvironmental Quality Act (CEQA) because it is not a "project" under Section\n15378(b)(5) of CEQA Guidelines. The action involves an organizational or\nadministrative activity of government that will not result in the direct or indirect\nphysical change in the environment. Contact Person: Senior Management\nAnalyst Gilliam\nRecommended Action: Staff recommends that the City Council denies\napproval for the second year of the major special event for the 2024 Moonlight\nBeach Half Marathon (Half Marathon, 10K, and 5K) tentatively scheduled to\nbe held on Sunday, March 17, 2024.\n2023-09-13 Item 10D 2024 Moonlight Beach Half Marathon Second Year\nRequest

10E. Public hearing to consider FY 2022-23 Block Grant (CDBG) Program\nConsolidated Annual Performance and Evaluation Report (CAPER) for the\nCommunity Development. Environmental Considerations: The action being\nconsidered by the City Council is exempt from the California Environmental\nQuality Act (CEQA) because it is not a "project" under Section 15378(b)(5) of\nCEQA Guidelines. The action involves an organizational or administrative\nactivity of government that will not result in the direct or indirect physical\nchange in the environment. Contact Person: Management Analyst Schubert\nRecommended Action: 1) Approve the FY 2022-23 CAPER; and 2)\nAuthorize the City Manager or designee to submit the FY 2022-23 CAPER to\nthe U.S. Department of Housing and Urban Development (HUD).\n2023-09-13 Item 10E CDBG CAPER

4A. Presentation of Proclamation in recognition of Mexican Independence Day on\nSeptember 16, 2023

8A. Approval to waive the full reading of the text of all ordinances and resolutions\nintroduced/adopted at this meeting. Ordinances and resolutions shall be\nintroduced/adopted by title only. Contact Person: City Clerk Hollywood\nRecommended Action: Approve.

8C. Approval of the Warrants List (Register of Demands). Contact Person:\nFinance Manager Dinh\nRecommended Action: Staff recommends that the City Council review and\napprove the warrants.\n2023-09-13 Item 08C Approval of Warrants List

8D. Consideration of Adoption of Ordinance 2023-08 amending Encinitas\nMunicipal Code (EMC) Chapter 2.12 Conflict of Interest Code, Section\n2.12.060(C) Designated City Positions and Section 2.12.070 Boards,\nCommissions, and Committees. Environmental Considerations: The action\nbeing considered by the City Council is exempt from the California\nEnvironmental Quality Act (CEQA) because it is not a "project" under Section\n15378(b)(5) of CEQA Guidelines. The action involves an organizational or\nadministrative activity of government that will not result in the direct or indirect\nphysical change in the environment. Contact Person: City Clerk Hollywood\nRecommended Action: Adopt Ordinance 2023-08 titled, "An Ordinance of the\nCity Council of the City of Encinitas, California, Amending Encinitas Municipal\n9/8/23, 2:02 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=3930\nCode Chapter 2.12 Conflict of Interest Code, Section 2.12.060(C) Designated\nCity Positions and Section 2.12.070 Boards, Commissions, and Committees."\n2023-09-13 Item 08D Conflict of Interest Code Ordinance Adoption

8E. Legislative position letters submitted to City Council for ratification.\nEnvironmental Considerations: The action being considered by the City\nCouncil is exempt from the California Environmental Quality Act (CEQA)\nbecause it is not a "project" under Section 15378(b)(5) of CEQA Guidelines.\nThe action involves an organizational or administrative activity of government\nthat will not result in the direct or indirect physical change in the environment.\nContact Person: Assistant City Manager Campbell\nRecommended Action: 1) Ratify Opposition Letter to SB 423 Land Use:\nStreamlined Housing Approvals: Multifamily Housing Developments (Wiener);\nand 2) Ratify Support Letter for AB 399 Water Rate Payers Act of 2023:\nCounty Water Authority Act (Boerner).\n2023-09-13 Item 08E Legislative Position Letters

8F. Adopt Resolution No. 2023-108 authorizing the City Manager or designee(s) to\nexecute a Memorandum of Understanding (MOU) between the City of\nEncinitas and Encinitas Battalion Chiefs Association (IAFF) Local 5376 and\nAdopt Resolution No. 2023-109 approving the Titles and Pay Ranges for the\nCity of Encinitas. Environmental Considerations: The action being considered\nby the City Council is exempt from the California Environmental Quality Act\n(CEQA) because it is not a "project" under Section 15378(b)(5) of CEQA\nGuidelines. The action involves an organizational or administrative activity of\ngovernment that will not result in the direct or indirect physical change in the\nenvironment. Contact Person: Director of Human Resources Bokosky\nRecommended Action: 1) Adopt Resolution No. 2023-108, titled "A\nResolution of the City Council of the City of Encinitas, California Authorizing\nthe City Manager or Designee(s) to Execute a Memorandum of Understanding\nBetween the City of Encinitas and Encinitas Battalion Chiefs Association\n(IAFF) Local 5376"; and 2) Adopt Resolution No. 2023-109, titled "A\nResolution of the City Council of the City of Encinitas, California Approving\nTitles and Pay Ranges for the City of Encinitas for Fiscal Year 2023 -2024."\n2023-09-13 Item 08F Battalion Chief MOU

8G. Award a Construction Contract, a Construction Management and Inspection\nContract, amend two Construction Support Contracts and a Project\nManagement Contract, authorize a Memorandum of Understanding with the\nSan Dieguito Water District, and appropriate $4,000,000 Housing and Urban\nDevelopment (HUD) Grant funding, for the Leucadia Streetscape Segment C\nWest Side (CS23D) and North Highway 101 Drainage Improvements Project\n(CD23A). Environmental Considerations: Pursuant to the California\nEnvironmental Quality Act, environmental clearance for the project was\nprovided under the Final Environmental Impact Report for the North Coast\nHighway 101 Streetscape Improvement Project (10-035 DR/CDP/EIR and 10-\n036 GPA/SPA/LCPA) and the Addendum to the Final Environmental Impact\n9/8/23, 2:02 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=3930\nReport (SUBC-005527-2022) and NEPA was completed (HUD Grant No. B-\n23-CP-0159, SCH No. 2015091084) for the North Highway 101 Drainage\nImprovements Project (CD23A). Contact Person: Principal Engineer Widelski\nRecommended Action: 1) Authorize the City Manager, or designee, to\nexecute a contract in substantial form, and any necessary amendments and\ntime extensions in consultation with the City Attorney, with Blue Pacific\nEngineering & Construction Company, Inc., in the amount of $ 17,610,840 plus\n15 percent contingency of $2,641,626 for a total not-to-exceed construction\ncontract amount of $20,252,466 including any future contract amendments to\nconstruct the Base Bid A, Additive Alternate 4A, and Base Bid B, of the\nLeucadia Streetscape Segment C West Side (CS23D) and North Highway 101\nDrainage Improvements Project (CD23A); 2) Authorize the City Manager, or\ndesignee, to execute an agreement in substantial form, and any necessary\namendments and time extensions in consultation with the City Attorney, with\nPSOMAS, for construction management and inspection (CM&I) and public\noutreach services on the Leucadia Streetscape Segment C West Side\nImprovements Project (CS23D) and North Highway 101 Drainage\nImprovements Project (CD23A) in the amount of $1,952,979 plus 20 percent\ncontingency of $390,596 for a total not-to-exceed amount of $2,343,575; 3)\nAuthorize the City Manager, or designee, to execute an agreement in\nsubstantial form, and any necessary amendments and time extensions in\nconsultation with the City Attorney, with Michael Baker International (MBI), for\nroadway design construction support services on the Leucadia Streetscape\nSegment C West Side (CS23D) Improvements Project and North Highway 101\nDrainage Improvements Project (CD23A) in the amount of $331,625 plus 15\npercent contingency of $49,744 for a total not-to-exceed amount of $381,369;\n4) Authorize the City Manager, or designee, to execute an agreement in\nsubstantial form, and any necessary amendments and time extensions in\nconsultation with the City Attorney, with Peltz and Associates, for landscape\ndesign construction support on the Leucadia Streetscape Segment C West\nSide (CS23D) Improvements Project in the amount of $146,680 plus 15\npercent contingency of $22,002 for a total not-to-exceed amount of $168,682;\n5) Authorize the City Manager, or designee, to execute Amendment No. 3 in\nsubstantial form, and any necessary amendments and time extensions in\nconsultation with the City Attorney, with Kleinfelder Construction Services, for\nproject management support on the Leucadia Streetscape Segment C West\nSide (CS23D) and North Highway 101 Drainage Improvements Project\n(CD23A) in the amount of $250,000 for a total not-to-exceed amount of\n$750,000; 6) Authorize the City Manager, or designee, to execute a\nMemorandum of Understanding (MOU) with the San Dieguito Water District\n(SDWD) to fund $200,000 for a portion of the SDWD waterline work that will\nbe completed as part of the Leucadia Streetscape Segment C West Side\n(CS23D) Improvements Project construction; 7) Authorize the City Manager, or\ndesignee, to accept and administer federal grant funding from the Economic\nDisaster Initiative/HUD Grant funding for the North Highway 101 Drainage\nImprovements Project; and 8) Adopt City Council Resolution No. 2023-106,\ntitled "A Resolution of the City Council of the City of Encinitas Amending the\nFiscal Year 2023-24 Budget" to allocate $4,000,000 to the North Highway 101\nDrainage Improvements Project (CD23A).\n2023-09-13 Item 08G Award Streetscape Segment C West Contracts (CS23D &\nCD23A)\n9/8/23, 2:02 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=3930

8H. Resolution 2023-112 Authorizing the acquisition of the property at the\nnortheast corner of Highway 101 and La Costa Avenue, Encinitas California\nand designating the Mayor as signatory on all documents related to the\npurchase of the property on behalf of the City of Encinitas. Environmental\nConsiderations: The action being considered by the City Council is exempt\nfrom the California Environmental Quality Act (CEQA) because it is not a\n"project" under Section 15378(b)(5) of CEQA Guidelines. The action involves\nan organizational or administrative activity of government that will not result in\nthe direct or indirect physical change in the environment. Contact Person:\nAdministrative Services Manager Chapman\nRecommended Action: Adopt Resolution 2023-112 titled, "A Resolution of\nthe City Council of the City of Encinitas, California, Authorizing the Acquisition\nof the Property Located at the Northeast Corner of Highway 101 and La Costa\nAvenue, Encinitas, California and Designating the Mayor as Signatory on All\nDocuments Related to the Purchase of the Property on Behalf of the City of\nEncinitas."\n2023-09-13 Item 08H Surfer Point Reso for ESCROW Docs