MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
MARCH 16, 2022, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Blakespear called the meeting to order at 6:00 p.m.
2. ROLL CALL
Present: Mayor Catherine S. Blakespear, Deputy Mayor Joe Mosca, Council Members Kellie Shay Hinze, Tony Kranz, and Joy Lyndes
Absent: None
Also present: Assistant City Manager Campbell, Assistant City Attorney Cameron, Director of Administrative Services Schwarm, City Clerk Hollywood, and Program Coordinator Weichers
There being a quorum present, the meeting was in order.
3. PLEDGE OF ALLEGIANCE
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
4A. San Diego Community Power Residential Enrollment Update by Cody Hooven, Chief Operating Officer and Rita de la Fuente, Director of External Affairs.
Code Hooven provided a status update on San Diego Community Power and responded to questions from the City Council.
Gary Jahns spoke in support of San Diego Community Power.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Randall Sims spoke regarding medical marijuana.
Rob Longo spoke regarding cannabis taxes.
Bonnie Bobzien, Wendy Schelew, and Tony Joulapour spoke regarding residential parking issues.
Kristine Schindler spoke regarding a bike corridor on El Camino Real/Manchester Avenue.
Peggy Walker spoke about the cannabis permitting process. 03/16/22 Reg. Mtg. Page 1 Mtg. #2022- , Bk#38, Page
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Jeryl Anne Kessler spoke regarding the Staver housing project on Melba Road.
Trina Priest spoke regarding marijuana.
Scott Campbell spoke regarding efficiency of projects in Leucadia.
Mark Wilcox spoke regarding marijuana.
Michael von Neumann spoke regarding improvements along the El Camino Real/Manchester Avenue corridor.
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 Consent Calendar Agenda Item 8F had been removed by the public.
COUNCIL ACTION:
Mosca moved, Hinze seconded to close and adopt the Consent Calendar.
Motion carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays:
None.
8A. Approval of the Minutes of the March 7, 2022 Special -Closed Session Meeting. Contact Person: City Clerk Hollywood
Recommended Action: Approve the Minutes.
8B. 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.
8C. Appointment to the Commission for the Arts to fill one unscheduled vacancy with a term ending March 1, 2024. Contact Person: City Clerk Hollywood
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Recommended Action: The City Council approve the Mayor's recommendation to appoint Steven Dilley to fill one unscheduled vacancy on the Commission for the Arts with a term ending March 1, 2024. 8D. Procure network lateral intrusion detection and prevention appliance and annual support renewals. Contact Person: Cybersecurity and Network Administrator York
Recommended Action: 1) Ratify the procurement of Lateral Intrusion Detection and Prevention appliance and annual support in the amount of $133,776 for FY 2021-22 using Naspo Valuepoint Master Agreement # MNWNC-130, State of California Participating Addendum (PA) 7-15-70- 34-008 pricing; and 2) Authorize the procurement of annual support for the appliance in the amount of $133,776 for FY 2022-23 using Naspo Valuepoint Master Agreement # MNWNC-130, State of California PA 7- 15-70-34-008 pricing.
8E. Amendment 18 to the Agreement with Tyler Technologies, Inc. for the purchase of Tyler EnerGov Assist, a professional services program.
Contact Person: ERP Administrator Schuchardt
Recommended Action: Approve Amendment 18, in substantial form, in consultation with the City Attorney, and authorize the City Manager, to enter into the amended agreement with Tyler Technologies, Inc. for EnerGov Assist Program Services beginning in FY 2022-23 in the amount of $60,000 annually.
8F. An amendment to the existing HdL Companies Professional Services Agreement for an additional $470,250 for additional contractual support.
Contact Person: Planning Manager Gates
Recommended Action: 1) Authorize the City Manager to amend the Professional Services Agreement with HdL Companies, in substantial form, in consultation with the City Attorney, to increase the contract by $470,250 for additional contractual support for a total not -to -exceed contract amount of $568,900; and 2) Adopt Resolution No. 2022-29 titled "A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2021-22 Budget."
8G. Amendments to both the Geopacifica, Inc. and Latitude 33 contract agreements for continued contractual support through the remainder of Fiscal Year 2021-22. Contact Person: Senior Management Analyst Noel Recommended Action: Authorize the City Manager, or designee, to execute in substantial form, in consultation with the City Attorney, Amendment #1 to both of the following agreements, for continued contractual support to include: 1) Amendment #1 adding $54,100 for a total not -to -exceed contract amount of $150,000 for Geopacifica, Inc; and 03/16/22 Reg. Mtg. Page 3 Mtg. #2022- , Bk#38, Page
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2) Amendment #1 adding $54,100 for a total not -to -exceed contract amount of $150,000 for Latitude 33.
8H. Consideration and proposed adoption of: (1) Resolution No. 2022-27 to authorize a Municipal Code, General Plan, Local Coastal Program and Specific Plan amendments regarding outdoor dining; (2) Resolution No. 2022-28 to amend the Sidewalk Caf6 Policy; and 3) Resolution No. 2022- 30 to appropriate $75,000 to fund studies for outdoor dining. Contact Person: Planning Manager Gates
Recommended Action: 1) Adopt Resolution No. 2022-27 titled "A Resolution of the City Council of the City of Encinitas, California, Initiating Amendments to the General Plan, Municipal Code, Specific Plans and Local Coastal Program Pertaining to Outdoor Dining;" 2) Adopt Resolution No. 2022-28 titled "A Resolution of the City Council of the City of Encinitas, California, Amending the Sidewalk Caf6 Policy to Allow for Alcohol Service Where Specified Criteria Are Met;" and 3) Adopt Resolution No. 2022-30 titled "A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2021-22 Budget."
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8F. An amendment to the existing HdL Companies Professional Services Agreement for an additional $470,250 for additional contractual support.
Contact Person: Planning Manager Gates
Recommended Action: 1) Authorize the City Manager to amend the Professional Services Agreement with HdL Companies, in substantial form, in consultation with the City Attorney, to increase the contract by $470,250 for additional contractual support for a total not -to -exceed contract amount of $568,900; and 2) Adopt Resolution No. 2022-29 titled "A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2021-22 Budget."
Planning Manager Gates presented the staff report and responded to questions from the Council.
SPEAKERS. -
Mark Wilcox spoke.
COUNCIL ACTION:
Blakespear moved, Hinze seconded to 1) Authorize the City Manager to amend the Professional Services Agreement with HdL Companies, in substantial form, in consultation with the City Attorney, to increase the contract by $470,250 for additional contractual support for a total not -to -exceed contract amount of $568,900; and 2) Adopt Resolution No. 2022-29 titled "A Resolution of the City Council of the 03/16/22 Reg. Mtg. Page 4 Mtg. 92022- , Bk#38, Page
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City of Encinitas Amending the Fiscal Year 2021-22 Budget." Motion carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays: None.
Absent: None.
10. ACTION ITEMS
10A. Adopt Resolution 2022-32 and approve the professional services agreement for City Attorney Services between the City and Jones Mayer designating Tarquin Preziosi as Contract City Attorney. Contact Person:
Administrative Services Director Schwarm
Recommended Action: 1) Approve the Professional Services Agreement for City Attorney Services between the City and Jones Mayer designating Tarquin Preziosi as Contract City Attorney effective March 17, 2022; and 2) Adopt Resolution 2022-32 approving the appointment of the City Attorney.
Administrative Services Director Schwarm presented the staff report, reviewed the contract, and responded to questions from the Council.
Tarquin Preziosi and Scott Porter from Jones Mayer introduced themselves.
COUNCIL ACTION:
Blakespear moved, Mosca seconded to approve the Professional Services Agreement for City Attorney Services between the City and Jones Mayer designating Tarquin Preziosi as Contract City Attorney effective March 17, 2022; and 2) adopt Resolution 2022-32 approving the appointment of the City Attorney. Motion carried. Ayes:
Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays: None.
11. INFORMATIONAL ITEMS
There were no Informational items.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
12A. Council initiated item from Mayor Blakespear and Councilmember Hinze regarding prioritization of quick -build projects to improve safety on city streets.
Recommended Action: 1) Adopt quick -build principles to more efficiently accomplish the community's priorities such as lower speeds, traffic calming, new pedestrian crossings, expanded pedestrian travel space, protected intersections and bikeways that could otherwise languish for months or years on the city's infrastructure `wish list;' and 2) Set aside 03/16/22 Reg. Mtg. Page 5 Mtg. #2022- , Bk#38, Page
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funding in the upcoming budget cycle to implement quick -build projects in locations that are high priority.
SPEAKERS:
Kristine Schindler, Michael von Neumann, Dan Vaughn, and Will Rhatigan spoke in support of the recommended action.
Mayor Blakespear and Council Member Hinze presented the staff report and responded to questions from the Council.
COUNCIL ACTION:
Lyndes moved, Hinze seconded to 1) Adopt quick -build principles to more efficiently accomplish the community's priorities such as lower speeds, traffic calming, new pedestrian crossings, expanded pedestrian travel space, protected intersections and bikeways that could otherwise languish for months or years on the city's infrastructure `wish list;' and 2) Set aside funding in the upcoming budget cycle to implement quick -build projects in locations that are high priority. Motion carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays: None.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC
53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Deputy Mayor Mosca announced that he had made the difficult decision to not seek re-election as an Encinitas City Council Member for District 4 in November.
14. CITY MANAGER REPORTS
No report was given.
15. CITY ATTORNEY REPORTS
No report was given.
City Clerk Hollywood announced the following: 1) the Youth Commission annual recruitment is open and applications are available online; 2) there is one unscheduled vacancy on the Senior Citizen Commission and applications are available online; and 3) Deputy City Clerk Claudia Bingham was retiring effective March 17, 2022 after 23 years of dedicated public service and Pete Weichers would be taking over as the Deputy City Clerk.
16. ADJOURNMENT
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Mayor Blakespear adjourned the meeting at 7:51 P.M.
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Kathy Hollywood, City Clerk Catherine S. Blakespear, Mayor By: Pete Weichers, Deputy City
Clerk
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