1. MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING FEBRUARY 23, 2022, 6: 00 P. M., 505 SOUTH VULCAN AVENUE
CALL TO ORDER
Mayor Blakespear called the meeting to order at 6:00 P.M.
2. ROLL CALL
3. 4.
5. Present: Mayor Catherine S. Blakespear, Deputy Mayor Joe Mosca, Council Members Kellie Shay Hinze and Tony Kranz
Absent: Council Member Joy Lyndes
Also present: City Manager Antil, Assistant City Attorney Romero, Director of Infrastructure and Sustainability Doherty, Acting City Engineer Bankston, Engineer Kirk, City Clerk Hollywood and Deputy City Clerk Bingham
There being a quorum present, the meeting was in order.
PLEDGE OF ALLEGIANCE
SPECIAL PRESENTATIONS AND PROCLAMATIONS
4A. Presentation of Black History Month Proclamation
Mayor Blakespear read a proclamation celebrating Black History Month.
ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Stephen Lord spoke regarding Covid protocols and mandates.
Ellen Burr spoke regarding the redistricting process.
Peggy Walker spoke regarding AB 1690 and the use of single use tobacco products.
There was Council consensus to direct the Environmental Commission to review AB 1690 and to return to Council with a recommendation.
Carole Serling spoke regarding the Equity Committee.
Jeryl Anne Kessler spoke regarding the Staver housing project on Melba Road. 02/23/22 Reg. Mtg.
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Anne Collins spoke regarding marijuana regulations.
6. REPORT FROM CLOSED SESSION
Assistant City Attorney Romero announced that regarding the 4:30 P.M. Closed Session meeting there was no reportable action on Closed Session Agenda Items 1 and 2 with all Council Members present.
7. CHANGES TO THE AGENDA
There were no changes to the posted agenda.
8. CONSENT CALENDAR
City Clerk Hollywood announced that Consent Calendar Agenda Item 8G had been removed by the public.
COUNCIL ACTION:
Mosca moved, Hinze seconded to close and adopt the amended Consent Calendar. Motion carried. Ayes: Blakespear, Hinze, Kranz, Mosca. Nays:
None. Absent: Lyndes.
8A. Approval of the Minutes of the February 9, 2022 Special -Closed Session Meeting. Contact Person: City Clerk Hollywood
Recommended Action: Approve the Minutes.
8B. Approval of the Warrants List (Reaister of Demands). Contact Person:
Finance Manager Dinh
Recommended Action: Staff recommends that the City Council review and approve the warrants.
8C. Memorandum of Understanding between the City of Encinitas and the Encinitas Chamber of Commerce for a community special event. Contact Person: Recreation Services Manager Stayton
Recommended Action: Approve and authorize the City Manager in coordination with the City Attorney, to execute a Memorandum of Understanding (MOU) in substantial form, between the City of Encinitas and the Encinitas Chamber of Commerce to provide a Business Expo scheduled for Tuesday, March 22, 2022, at the Encinitas Community and Senior Center.
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8D. Approve Amendment 2 to Memorandum of Understanding (MOU) between the City and San Diego Association of Governments (SANDAG) and Amendment 1 to the Easement Agreement between City and North County Transit District NCTD for use of NCTD right-of-way. Contact Person:
Infrastructure and Sustainability Director Doherty
Recommended Action: 1) Authorize the City Manager, or designee, to execute Amendment 2 to the Memorandum of Understanding (MOU) for the Coastal Rail Trail between the City and SANDAG, in consultation with the City Attorney, to facilitate the construction of the phase of the Coastal Rail Trail (CRT) improvements from Santa Fe to north of G Street by SANDAG and ultimate maintenance of the improvements by the city; and 2) Authorize the City Manager, or designee, to execute Amendment 1 to the Easement Agreement, in consultation with the City Attorney, with North County Transit District (NCTD) for construction and maintenance of improvements in the NCTD right-of-way.
8E. Fiscal Year 2021-22 Mid -Year Operating Budget Status Report, Proposed Budget Amendments, and Proposed Personnel Changes. Contact Person:
Assistant Director of Finance Gallup
Recommended Action: 1) Receive and file the Fiscal Year 2021-22 Mid - Year Operating Budget Status Report; 2) Adopt Resolution 2022-12 titled "A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2021-22 Budget;" and 3) Adopt Resolution 2022-24 titled "A Resolution of the City Council of the City of Encinitas Approving Personnel Changes in the Development Services Department."
8F. Award the Construction Contract and Construction Management and Inspection Contract for the Olivenhain Trunk Sewer Improvements Phase 1A Project (CC04J). Contact Person: Senior Engineer Widelski Recommended Action: 1) Authorize the City Manager, or designee, to execute a contract in substantial form, and any necessary amendments and time extensions, in consultation with the City Attorney, with Sancon Technologies Inc. in the amount of $2,029,000 together with an authorized 15 percent contingency equal to $304,350 for a total not -to -exceed amount of $2,333,350 to include any future contract amendments; and 2) Authorize the City Manager, or designee to execute a contract in substantial form, and any necessary amendments and time extensions, in consultation with the City Attorney, with Dudek for construction support on the Olivenhain Trunk Sewer Project Phase 1A project in the amount of $204,600 together with an authorized 15 percent contingency equal to $30,690 for a total not -to - exceed amount of $235,290.
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9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8G. Approval of plans and specifications and authorization to advertise the San Elijo Bridge Abutment Backfill Repairs (CS22E) Project. Contact Person:
Engineer II Kirk
Recommended Action: 1) Approve the plans and specifications for the San Elijo Bridge Abutment Backfill Repairs (CS22E) project; 2) Authorize the advertisement for construction bids of the San Elijo Bridge Abutment Backfill Repairs (CS22E) project; and 3) Adopt Resolution 2022-22 entitled, "A Resolution of the City of Encinitas City Council Approving the Design and Plans for Construction of the San Elijo Bridge Abutment Backfill Repair (CS22E) project, pursuant to Government Code Section 830.6" No staff report was presented.
SPEAKER:
Ellen Burr spoke in opposition to the recommended action.
Acting City Engineer Bankston responded to questions from Council.
COUNCIL ACTION:
Kranz moved, Blakespear seconded to: 1) Approve the plans and specifications for the San Elijo Bridge Abutment Backfill Repairs (CS22E) project; 2) Authorize the advertisement for construction bids of the San Elijo Bridge Abutment Backfill Repairs (CS22E) project; and 3) Adopt Resolution 2022-22 entitled, "A Resolution of the City of Encinitas City Council Approving the Design and Plans for Construction of the San Elijo Bridge Abutment Backfill Repair (CS22E) project, pursuant to Government Code Section 830.6" Motion carried.
Ayes: Blakespear, Hinze, Kranz, Mosca. Nays: None. Absent: Lyndes.
10. ACTION ITEMS
There were no Action items.
11. INFORMATIONAL ITEMS
There were no Informational items.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
12A. Council initiated item from Deputy Mayor Joe Mosca regarding an ordinance Prohibiting the unlawful possession of catalytic converters in the City of Encinitas.
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Recommended Action: Discuss the adoption of a new ordinance prohibiting the unlawful possession of catalytic converters in the City of Encinitas.
Deputy Mayor Mosca presented the Council Initiated item and responded to questions from Council.
There were no public speakers.
COUNCIL ACTION:
Kranz moved, Mosca seconded to direct staff to return to Council with an ordinance prohibiting the unlawful possession of catalytic converters in the City of Encinitas. Motion carried. Ayes: Blakespear, Hinze, Kranz, Mosca. Nays: None. Absent: Lyndes.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
No reports were given.
14. CITY MANAGER REPORTS
No reports were given.
15. CITY ATTORNEY REPORTS
No reports were given.
16. ADJOURNMENT
Mayor Blakespear adjourned the meeting at 6:32 P.M.
Kathy Hollywood, C' lerk Catherine S. Blakespear, Mayor By: Claudia Bingham
Deputy City Clerk
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