MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
MAY 11, 2022, 6.00 P.M., 505 SOUTH VULCAN AVENUE
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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: City Manager Antil, City Attorney Preziosi, Assistant City Manager Campbell, Director of Development Services Sapa'u, Director of Finance McBroome, Assistant Director of Finance Gallup, Finance Manager Sanderson, 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
Alex Mrazek spoke regarding access to Beacon's Beach.
Doug Jones spoke regarding pollution.
Jeff Morris spoke regarding various issues in the city.
Craig Campion spoke regarding the Planning Commission.
Maria Greenwald spoke regarding the online Citizen Complaint Form.
Max Disposti spoke regarding support and services provided by the North County LGBTQ Center.
Linda Alley spoke regarding establishing train quiet zones.
Jerry Barber spoke regarding establishing train quiet zones. 05/11/22 Regular Meeting Page 1 Mtg. #2022- , Bk#38, Page
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Nancy Perry -Sheridan spoke regarding youth programs offered by the San Dieguito Alliance for a Drug Free Youth.
Scott Campbell spoke regarding access to Beacon's Beach.
Becky Rapp spoke regarding marijuana in Encinitas.
Natalie Settoon spoke regarding homelessness in Encinitas.
Jeryl Anne Kessler spoke regarding the Staver project on Melba Road.
Terri -Ann Skelly spoke regarding cannabis taxes.
Mark Wilcox spoke regarding youth substance abuse.
Donna Westbrook spoke regarding Density Bonus developments.
Judi Strang spoke regarding the dangers of fentanyl.
KB Strange spoke regarding support for a flavored marijuana ban in Encinitas.
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
COUNCIL ACTION:
Mosca moved, Hinze seconded to close and adopt the Consent Calendar.
Motion carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays: None.
Absent: 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 April 18, 2022 Special Meeting, April 20, 2022 Regular Meeting, and April 27, 2022 Regular Meeting. Contact Person: City Clerk Hollywood
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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.
8D. Legislative position letters submitted to City Council for ratification. Contact Person: Senior Management Analyst Piatt
Recommended Action: Ratify the position letters in support of AB 1690 (L. Rivas), and in support of SB 878 (Skinner).
8E. Extend use of temporary lights at Leo Mullen Sports Park for Encinitas Express. Contact Person: Parks, Recreation and Cultural Arts Director Karlen
Recommended Action: Approve and authorize the City Manager in coordination with the City Attorney, to execute amendment number 7, extending the compliance agreement for one additional year between the City of Encinitas and Encinitas Express for use of temporary lights at Leo Mullen Sports Park.
8F. Memorandum of Understanding between the City of Encinitas and iPalpiti Artists International. Contact Person: Arts Administrator Murphy Recommended Action: Approved and authorize the City Manager in coordination with the City Attorney, to execute a Memorandum of Understanding in substantial form, between the City of Encinitas and iPalpiti Artists International to provide a music festival for the community from July 14-17, 2022.
8G. Amendment to Memorandum of Understanding with the Encinitas Union School District for the School Crossing Guard Program. Contact Person:
Senior Management Analyst Ruess
Recommended Action: Authorize the City Manager, in coordination with the City Attorney, to execute an Amendment to the Memorandum of Understanding (MOU) between the City of Encinitas and the Encinitas Union School District, in substantial form, to partially fund crossing guards at multiple schools.
8H. Lease Agreement for Encinitas Fire Station #6 located at 770 Rancho Santa Fe Road. Contact Person: Fire Chief Stein
Recommended Action: Approve the lease agreement in substantial form, and authorize the City Manager, in conjunction with the City Attorney, to 05/11/22 Regular Meeting Page 3 Mtg. #2022- , 13038, Page
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execute a third, 5-year commercial lease agreement with Rancho Santa Fe Road & Associates LLC.
81. Agreement with the County of San Diego for the continued use of a Type-6 Fire Engine at Encinitas Fire Station #6. Contact Person: Fire Chief Stein Recommended Action: Authorize the City Manager, on behalf of the City, to execute a new Vehicle Use Agreement in substantial form, with the County of San Diego (County), subject to the final review and approval of the City Attorney.
8J. Fiscal Year 2021-22 Capital Improvement Program (CIP) and Work Projects Financial Report and Proposed Budget Amendments. Contact Person:
Assistant Director of Finance Gallup
Recommended Action: 1) Receive and file the Fiscal Year 2021-22 CIP and Work Projects Financial Report; and 2) Adopt Resolution No. 2022-35 titled "A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2021-22 Budget."
8K. Amendment #2 to the Geopacifica, Inc. contract agreement for continued contractual land surveyor support. Contact Person: Senior Management Analyst Noel
Recommended Action: Authorize the City Manager, or designee, in consultation with the City Attorney, to execute contract Amendment #2, in substantial form, with Geopacifica, Inc. for continued services by $20,000, for a total not -to -exceed contract amount of $170,000, and to extend the terms through June 30, 2023.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
10. ACTION ITEMS
10A. Encinitas Equity Committee Final Report. Contact Person City Manager Antil
Recommended Action: After presentation by Encinitas Equity Committee facilitator, Nicole Lance, and Committee Members, receive and file Committee Report and direct staff as appropriate related to specific recommendations.
Facilitator Lance and Equity Committee member Taylor presented the staff report.
SPEAKERS:
Joshua Lazerson,
Beauchamp, Bob
Tom Scott, Ross Ridder, Marco Gonzalez, Theresa
Ayers, Bob Kent, Mali Woods -Drake, Aaron Shook,
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Kathleen Lees, Caitlin MacMillan, Joy, and Mace Viemeister spoke in support of the recommended action.
Susan Turney, Scott Campbell, Donna Westbrook, and Jeff Morris spoke in opposition to the recommended action.
Christina L, T Conkey, and Kim Morris registered opposition to the recommended action but chose not to speak.
COUNCIL ACTION:
Blakespear moved, Hinze seconded to: 1) accept and file the final report from the Equity Committee; and 2) direct the City Manager and staff to bring back specific recommendations and proposals. Motion carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays: None.
Absent: None
The Mayor called the meeting into a recess at 8:29 p.m. and reconvened the meeting at 8:46 p.m.
10B. Public hearing for consideration of a resolution submitting to the voters a ballot measure to be known as the City of Encinitas Cannabis Business Tax Measure at the General Municipal Election to be held on November 8, 2022, establishing a general tax on cannabis businesses operating in the City.
Contact Person: Assistant Director of Finance Gallup
Recommended Action: 1) Adopt Resolution No. 2022-43 titled " A Resolution of the City Council of the City of Encinitas Ordering the Submission to the Qualified Electors of the City of a Certain Ballot Measure Relating to Cannabis Business Tax; Requesting that the San Diego Board of Supervisors Authorize the County of San Diego Registrar of Voters to Render Specified Services to the City of Encinitas Relating to the Conduct of the Election, and Requesting Consolidation of this Election with the General Municipal and Statewide Consolidated Election to be Held on November 8, 2022"; 2) Direct the City Attorney to prepare an impartial analysis for the voter pamphlet of up to 500 words for the ballot measure; 3) Determine if the Council wishes to take an official position on the proposed measure; and 4) Review and approve the draft argument in favor of the proposed ballot measure or provide further direction.
Assistant Director of Finance Gallup and HdL Compliance Director David McPherson presented the staff report and responded to questions from the Council.
City Attorney Preziosi responded to questions from the Council. 05/11/22 Regular Meeting Page 5 Mtg. #2022- Bk#38, Page
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SPEAKERS:
Trina Priest, Randall Sims, Barbara Gordon, Mark Wilcox, Judi Strang, and Kelly McCormick spoke.
COUNCIL ACTION:
Mosca moved, Kranz seconded to: 1) Adopt Resolution No. 2022-43 titled "A Resolution of the City Council of the City of Encinitas Ordering the Submission to the Qualified Electors of the City of a Certain Ballot Measure Relating to Cannabis Business Tax; Requesting that the San Diego Board of Supervisors Authorize the County of San Diego Registrar of Voters to Render Specified Services to the City of Encinitas Relating to the Conduct of the Election, and Requesting Consolidation of this Election with the General Municipal and Statewide Consolidated Election to be Held on November 8, 2022"; 2) Direct the City Attorney to prepare an impartial analysis for the voter pamphlet of up to 500 words for the ballot measure; 3) take an official position of support for the proposed measure; and 4) approve the draft argument in favor of the proposed ballot measure as presented and authorize the Mayor and City Council to sign. Motion carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays: None.
Absent: None
10C. Consideration of creating an advisory task force for the El Camino Real Specific Plan project. Contact Persons: Planner IV Dacey and Planning Manager Gates
Recommended Action: 1) Provide direction to staff on whether to create a task force for the El Camino Real Specific Plan project; 2) If directed to create an El Camino Real Specific Plan Task Force, adopt City Council Resolution No. 2022-45 titled "A Resolution of the City Council of the City of Encinitas, Establishing the El Camino Real Specific Plan Task Force;" and 3) Identify a City Council Member to participate on the Task Force.
Development Services Director Sapa'u presented the staff report.
SPEAKER:
Harriet Seldin spoke regarding amending the task force.
COUNCIL ACTION:
Kranz moved, Lyndes seconded to: 1) approve the creation of an El Camino Real Specific Plan Task Force as follows: The Task Force shall consist of Nine (9) members and shall include: One (City Council Member, One Planning Commissioner (Appointed or New Encinitas Member), One Mobility and Traffic Safety Commissioner (Appointed or New Encinitas Member), Two Property Owners within the Corridor, 05/11/22 Regular Meeting Page 6 Mtg. #2022- , Bk#38, Page
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Two New Encinitas Residents, One Chamber of Commerce Member, and One representative from a Local Non -Profit Affordable Housing Developer; 2) adopt City Council Resolution No. 2022-45 titled "A Resolution of the City Council of the City of Encinitas, Establishing the El Camino Real Specific Plan Task Force;" and 3) appointed Deputy Mayor Mosca as the primary representative and Council Member Kranz as the alternate representative to serve on the Task Force. Motion Carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays: None. Absent: None.
10D. Introduction of City Manager's Proposed Fiscal Year 2022-23 Operating and Capital Budgets. Contact Person: Assistant Director of Finance Gallup Recommended Action: 1) Review proposed FY 2022-23 operating and capital budgets; 2) Receive public input; and 3) Provide direction to staff regarding revisions to the proposed FY 2022-23 operating and capital budgets for final consideration and adoption on June 15, 2022.
Finance Director McBroome, and Finance Manager Sanderson, presented the staff report and responded to questions from the Council.
SPEAKERS:
Naimeh Woodward, Tim Bratton, Patricia Frischer, Randall Sims, Kathleen Lees, and Rosemary Kimbal spoke in support of the recommended action.
Scott Campbell spoke regarding CIP projects in Leucadia.
Deanne Sabeck chose not to speak but registered support for the recommended action.
The Mayor and City Council provided comments and feedback regarding the proposed budget.
10E. Ratification of the Tentative Agreement between the City of Encinitas and the Encinitas Firefighter's Association including the Side Letter Agreement regarding the City of Encinitas Vaccination Mandate and Adoption of the Memorandum of Understanding (MOU) between the City of Encinitas and the Encinitas Firefighters' Association (EFFA) effective January 1, 2022 through December 31, 2025. Contact Person: Human Resources Director Bokosky
Recommended Action: 1) Ratify the Tentative Agreement on the Encinitas Firefighter's Association MOU including the Side Letter Agreement Between the City of Encinitas and the Encinitas Firefighter's Association Regarding the City of Encinitas Vaccination Mandate; 2) Adopt Resolution No. 2022-54 titled, "A Resolution of the City Council of the City of Encinitas Adopting the Memorandum of Understanding Between the City 05/11/22 Regular Meeting Page 7 Mtg. #2022- , 13038, Page
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of Encinitas and Encinitas Firefighter's Association, IAFF 3787 Dated January 1, 2022," and authorizing the City Manager or designee(s) to execute the memorandum of understanding on behalf of the City of Encinitas; and 3) Adopt Resolution No. 2022-55 titled, "A Resolution of the City Council of the City of Encinitas adopting the Pay Ranges for the Encinitas Firefighter's Association, IAFF 3787, Effective January 1, 2022." Human Resources Director Bokosky presented the staff report.
COUNCIL ACTION:
Mosca moved, Lyndes seconded to 1) Ratify the Tentative Agreement on the Encinitas Firefighter's Association MOU including the Side Letter Agreement Between the City of Encinitas and the Encinitas Firefighter's Association Regarding the City of Encinitas Vaccination Mandate; 2) Adopt Resolution No. 2022-54 titled, "A Resolution of the City Council of the City of Encinitas Adopting the Memorandum of Understanding Between the City of Encinitas and Encinitas Firefighter's Association, IAFF 3787 Dated January 1, 2022," and authorizing the City Manager or designee(s) to execute the memorandum of understanding on behalf of the City of Encinitas; and 3) Adopt Resolution No. 2022-55 titled, "A Resolution of the City Council of the City of Encinitas adopting the Pay Ranges for the Encinitas Firefighter's Association, IAFF 3787, Effective January 1, 2022." Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays: None.
Absent: None
11. INFORMATIONAL ITEMS
There were no Informational Items.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
There was no Council Member initiated item.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Deputy Mayor Mosca reported on the 100-year anniversary celebration of the San Dieguito Water District.
Mayor Blakespear reported on the Mayor's Prayer Breakfast.
14. CITY MANAGER REPORTS
No report was given.
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15. CITY ATTORNEY REPORTS
City Attorney Preziosi spoke regarding AB 211.
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Mayor Blakespear adjourned the meeting at 10:53 p.m.
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Kathy Hollywood, City Clerk Catherine S. Blakespear, Mayor By: Pete Weichers,
Deputy City Clerk
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