MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
JUNE 15, 2022, 6:00 P.M., 505 SOUTH VULCAN AVENUE
In the interest of public health, and consistent with the provisions of Assembly Bill 361 (AB 361) and related resolutions adopted by the City of Encinitas City Council, the City of Encinitas is temporarily taking actions to mitigate the COVID-19 pandemic by holding City Council Meetings electronically.
This was not an in -person meeting.
1. CALL TO ORDER
Mayor Blakespear called the meeting to order at 6:19 p.m.
2. ROLL CALL
Present: Mayor Catherine S. Blakespear, Deputy Mayor 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 Finance/City Treasurer McBroome,
Assistant Director of Finance Gallup, Finance Manager
Sanderson, Arts Administrator Murphy, Management Analyst Gilliam, City Engineer Bankston, Senior Management Analyst Ruess, Planning Manager Gates, 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 presentations or proclamations.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Julie Thunder spoke regarding preservation of open space.
Mark Wilcox spoke regarding marijuana and drug contamination.
Terri -Ann Skelly spoke regarding a statewide ban on flavored tobacco. 06/15/22 Regular Meeting Page 1 Mtg. #2022- Bk#38, Page
06/15/22 Regular Meeting
Gia Schaake spoke regarding National Marijuana Facts week being held July 4- 11, 2022.
Robin Onkka spoke regarding the permitting process for development.
Jeryl Anne Kessler spoke regarding the Staver housing project on Melba Road.
Katrina Preece spoke regarding teen drug use.
Dennis Doyle showed a presentation regarding Collaborations: Teachers and Artists (CoTA).
6. REPORT FROM CLOSED SESSION
City Attorney Preziosi reported that the City Council held a Closed Session at 4:00 p.m. to consider three items and there was no reportable action. Under City Attorney reports, City Attorney Preziosi amended his report out of closed session to report that regarding Closed Session Agenda Item #2 (Schaar v. City of Encinitas), the City Council authorized a tolling agreement in exchange for a request for dismissal.
7. CHANGES TO THE AGENDA
City Clerk Hollywood announced that for Consent Calendar Item 8J, the position letter regarding AB 2053 had been removed from the recommended action by staff.
8. CONSENT CALENDAR
Council Member Kranz asked that Item 8K be removed from the Consent Calendar.
SPEAKERS:
Terri -Ann Skelly, Judi Strang, Mark Wilcox, and Kelly McCormick spoke regarding Consent Calendar Item 8D.
COUNCIL ACTION:
Hinze moved, Mosca seconded to close and adopt the Consent Calendar with the exception of Consent Calendar Item 8K. 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.
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8B. Approval of the Minutes of the May 25, 2022, Regular Meeting. Contact Person: City Clerk Hollywood
Recommended Action: Approve the Minutes.
8C. Approval of the Warrants Lists. Contact Person: Finance Manager Dinh Recommended Action: Staff recommends that the City Council review and approve the warrants.
8D. Consideration of resolutions calling a General Municipal Election and requesting the County Board of Supervisors to consolidate the City's General Municipal Election with the Statewide General Election. Contact Person: City Clerk Hollywood
Recommended Action: 1) Adopt Resolution No. 2022-47 titled "A Resolution of the City Council of the City of Encinitas, California, Calling for the Holding of a General Municipal Election to be Held on Tuesday, November 8, 2022, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to General Law Cities and the Submission to the Voters a Ballot Measure Placed on the Ballot by the City Council Relating to a Cannabis Business Tax" and setting direct and rebuttal argument deadlines; and 2) Adopt Resolution No. 2022- 48 titled "A Resolution of the City Council of the City of Encinitas, California, Requesting the Board of Supervisors of the County of San Diego to Consolidate a General Municipal Election to be Held on November 8, 2022, with the Statewide General Election to be Held on the Date Pursuant to Section 10403 of the California Election Code."
8E. Bid Rejection and Authorization to Re -advertise the FY 2021-22 Pavement Rehabilitation Overlay and Slurry Seal Project (CS22A). Contact Person:
Engineer I Edgeworth
Recommended Action: 1) Reject all bids from the May 10, 2022 bid opening for the FY 2021-22 Pavement Rehabilitation Overlay and Slurry Seal Project (CS22A); and 2) Authorize staff to re -advertise and rebid the FY 2021-22 Pavement Rehabilitation Overlay and Slurry Seal Project (CS22A).
8F. Parks and Recreation Commission Work Plan outcomes for FY 2021-22 and proposed work plan for FY 2022-23. Contact Person: Parks Operations Manager Norgard
Recommended Action: 1) Receive final report outcomes regarding the FY 2021-22 Parks and Recreation Commission Work Plan; and 2) Approve the proposed FY 2022-23 Parks and Recreation Commission Work Plan. 06/15/22 Regular Meeting Page 3 Mtg. #2022- Bk#38, Page
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8G. Senior Citizen Commission Work Plan Outcomes for Fiscal Year 2021-22 and Proposed Work Plan for Fiscal Year 2022-23. Contact Person. - Recreation Center Manager Goodsell
Recommended Action: 1) Receive final reported outcomes for the Fiscal Year 2021-22 Senior Citizen Commission Work Plan; and 2) Approve the proposed FY 2022-23 Senior Citizen Commission Work Plan. 8H. New 2023 Moonlight Beach Half Marathon Major Special Event Request.
Contact Person: Management Analyst Gilliam
Recommended Action: Staff recommends City Council approve the first year of the new major special event the 2023 Moonlight Beach Half Marathon (Half Marathon, 10K, and 5K) to be held on Sunday, March 19, 2023.
81. Citywide Streetlight Maintenance and Repair Services Contract. Contact Person: Superintendent Ugrob
Recommended Action: City Council authorize the City Manager, in consultation with the City Attorney, to execute a contract with extension options in substantial form for Citywide Streetlight Maintenance and Repair Services with Southwest Traffic Signal Services, Inc.
8J. Legislative position letters submitted to Council for consideration. Contact Person: Senior Management Analyst Piatt
Recommended Action: Approve Position Letters For: 1) AB 1946 Electric Bicycles: Safety and Training Program (Boerner-Horvath), Support; 2) AB 2053 The Social Housing Act (Lee), Oppose; 3) AB 2257 State Lands: Oil and Gas Leases: Cost Study (Boerne r-Horvath), Support, 4) SB 852 Climate Resilience Districts: Formation: Funding Mechanisms (Dodd), Support; and 5) SB 932 General Plans: Circulation Element: Bicycle and Pedestrian Plans and Traffic Calming Plans (Portantino), Oppose. 8L. Amendment to agreement with Specialty Mowing Services, Inc. for Citywide Abatement Services. Contact Person: Field Supervisor Tobin Recommended Action: 1) Authorize the City Manager, in consultation with the City Attorney, to execute Amendment #2 to the Citywide Abatement Services Agreement in substantial form between the City of Encinitas and Specialty Mowing Services, Inc. (SMS) to include additional services, for a six -year total not to exceed cost of $1,909,348 if all options to renew are exercised; and 2) Authorize expenditures in the amount of $66,000 that have already been incurred due to unanticipated necessary work in the NCTD rights of way and other City-wide locations.
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9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8K. Continuation of remote "telephonic" (on-line) meetings effective June 15, 2022, due to COVID-19 outbreak at City facilities. Contact Person: City Manager Antil
Recommended Action: City Council adopt City Council Resolution No. 2022-80 titled "A Resolution of the City Council of the City of Encinitas Making the Legally Required Findings to Authorize the Conduct of Remote "Telephonic" Meetings of the City Council and City Commissions, Committees and Legislative Bodies During the State of Emergency." Council Member Kranz stated he removed this item for discussion and clarification.
SPEAKERS:
Kevin Doyle and Rachel Graves spoke in opposition to the recommended action.
COUNCIL ACTION:
Kranz moved, Blakespear seconded to: 1) Adopt City Council Resolution No. 2022-80 titled "A Resolution of the City Council of the City of Encinitas Making the Legally Required Findings to Authorize the Conduct of Remote "Telephonic" Meetings of the City Council and City Commissions, Committees and Legislative Bodies During the State of Emergency;" and 2) Direct the City Manager to explore and identify the costs, logistics and barriers of hosting City Council and public meetings at the Community Center. Motion Carried. Ayes:
Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays: None. Absent: None
10. ACTION ITEMS
10A. Public Hearing to Receive Testimony Regarding the FY 2022-23 Encinitas Landscape and Lighting District. Contact Person: Senior Management Analyst Ruess
Recommended Action: 1) Conduct a public hearing to receive testimony regarding the FY 2022-23 Encinitas Landscape and Lighting District (ELLD) Annual Engineer's Report; and 2) Adopt City Council Resolution No. 2022- 09 titled, "Resolution of the City Council of the City of Encinitas, California Renewing the Encinitas Landscape and Lighting District (Zones A, B, C, D, E, F, G & H), confirming the Fiscal Year 2022-23 Engineer's Report and ordering the transmission of charges to the County Auditor for collection." Senior Management Analyst Ruess presented the staff report. 06/15/22 Regular Meeting Page 5 Mtg. #2022- , Bk#38, Page
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COUNCIL MEMBER DISCLOSURES:
Council Member Hinze, Council Member Kranz, Council Member Lyndes, Deputy Mayor Mosca, and Mayor Blakespear had no disclosures to report.
Mayor Blakespear opened the public hearing.
There were no public speakers.
Mayor Blakespear closed the public hearing.
COUNCIL ACTION:
Kranz moved, Mosca seconded to adopt City Council Resolution No. 2022-09 titled, "Resolution of the City Council of the City of Encinitas, California Renewing the Encinitas Landscape and Lighting District (Zones A, B, C, D, E, F, G & H), confirming the Fiscal Year 2022-23 Engineer's Report and ordering the transmission of charges to the County Auditor for collection." Motion Carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays: None. Absent: None
10B. TransNet Local Street Improvement Program of Projects for Fiscal Years 2022-23 Through 2026-27. Contact Person: Senior Management Analyst Ruess
Recommended Action: 1) Conduct a Public Hearing related to the proposed projects; and 2) Adopt City Council Resolution No. 2022-49 titled, "A Resolution of the City of Encinitas Adopting the TransNet Local Street Improvement Program of Projects for Fiscal Years 2022-23 through 2026-
27."
Senior Management Analyst Ruess presented the staff report.
COUNCIL MEMBER DISCLOSURES:
Council Member Hinze, Council Member Kranz, Council Member Lyndes, Deputy Mayor Mosca, and Mayor Blakespear had no disclosures to report.
Mayor Blakespear opened the public hearing.
There were no public speakers.
Mayor Blakespear closed the public hearing.
COUNCIL ACTION:
Lyndes moved, Mosca seconded to adopt City Council No. 2022-49 titled, "A Resolution of the City of Encinitas Adopting the TransNet Local Street Improvement Program of Projects for Fiscal Years 2022- 23 through 2026-27." Motion Carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays: None. Absent: None
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10C. Approve the California Infrastructure and Economic Development Bank (IBank)'s Loan Terms for the purpose of financing the Leucadia Streetscape, Segment C Westside Improvements Project and Authorize the City Manager to Proceed with the Loan Closing. Contact Person: Director of Finance McBroome
Recommended Action: Approve the California Infrastructure and Economic Development Bank (IBank)'s Loan Terms for the purpose of financing the Leucadia Streetscape, Segment C Westside Improvements Project and Authorize the City Manager to Proceed with the Loan Closing.
Director of Finance/City Treasurer McBroome presented the staff report.
COUNCIL ACTION:
Blakespear moved, Hinze seconded to approve the California Infrastructure and Economic Development Bank (IBank)'s Loan Terms for the purpose of financing the Leucadia Streetscape, Segment C Westside Improvements Project and Authorize the City Manager to Proceed with the Loan Closing. Motion Carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays: None. Absent: None
10D. City of Encinitas Community Grant Program Application Requests for FY 2022-23. Contact Person: Arts Administrator Murphy
Recommended Action: Review and approve the evaluation panel's recommended funding allocations and make any desired additional allocations to the grant applicants.
Arts Administrator Murphy presented the staff report, reviewed the grant recommendations funding allocations, and stated there is $9,130 of funding available for Council allocations ($1800 each).
SPEAKERS, -
Nancy Logan spoke regarding the Study Buddy Program.
Carolina Montejo spoke regarding Campana Studios.
Judy Sanzo spoke regarding Rancho Coastal Humane Society.
Jay Bell spoke regarding Campana Studios.
Katie Hickey spoke regarding the Fortissima Collective.
Wesley Burt spoke regarding the Equation Collaborative.
Jessi Goralski spoke regarding the Solana Center.
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Mayor Blakespear announced that she would be recusing herself from this item because her husband is employed by one of the organizations on the list.
Andrew Utt spoke regarding the Institute of Contemporary Art.
Rachel Graves spoke in opposition to funding for Encinitas4Equality.
COUNCIL ACTION:
Hinze moved, Kranz seconded approve the evaluation panels recommended funding allocations and Council's allocations as shown in Attachment A to the minutes. Motion Carried. Ayes: Hinze, Kranz, Lyndes, Mosca. Nays: None. Absent: None. Abstain: None. Recuse:
Blakespear.
10E. City Council review and consideration of the continuation of the Jewish Family Service (JFS) Safe Parking Program at Encinitas Community and Senior Center at 1140 Oakcrest Park Drive for a maximum of 25 vehicles accommodating households living in their cars for up to three years through June 30, 2025. Contact Person: Housing Services Manager Gutierrez Recommended Action: 1) Review the Safe Parking Program and consider authorization of extension of the JFS Safe Parking Program at the Encinitas Community & Senior Center for an additional three-year period ending, June 30, 2025. If proposing an extension of the Program, adopt Resolution No. 2022-59 titled, "Resolution of the City Council of the City of Encinitas Authorizing a Three-year Extension of the Safe Parking Program at the Encinitas Community and Senior Center Located at 1140 Oakcrest Park"; and 2) Review and consider authorization of the First Amendment to the Term of the Use Agreement between City of Encinitas and Jewish Family Service, in substantial form, subject to review and final approval by City Attorney, for the purpose of operating a Safe Parking Program, and authorize the City Manager to execute the agreement.
Planning Manager Gates presented the staff report and responded to questions from the Council.
SPEAKERS:
Joshua Lazerson, Theresa Beauchamp, Bob Kent, Jim Stiven, and Judy Berlfein spoke in support of the recommended action.
Steve Gerken spoke in opposition of the recommended action.
COUNCIL ACTION:
Blakespear moved, Mosca seconded to: 1) Adopt Resolution No. 2022- 59 titled, "Resolution of the City Council of the City of Encinitas Authorizing a Three-year Extension of the Safe Parking Program at the Encinitas Community and Senior Center Located at 1140 Oakcrest 06/15/22 Regular Meeting Page 8 Mtg. #2022- Bk#38, Page
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Park"; and 2) Authorize the First Amendment to the Term of the Use Agreement between City of Encinitas and Jewish Family Service, in substantial form, subject to review and final approval by City Attorney, for the purpose of operating a Safe Parking Program, and authorize the City Manager to execute the agreement. Motion Carried. Ayes:
Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays: None. Absent: None 10F. Public hearing for consideration of adopting resolutions authorizing the annual indexed adjustments to the cost of services schedule (User Fees) to Planning, Engineering and Marine Safety Services for Fiscal Year 2022-23.
Contact Person: Assistant Finance Director Gallup
Recommended Action: 1) Adopt Resolution 2022-72 titled, "A Resolution of the City Council of the City of Encinitas, California Amending the Schedule of Fees For Planning Services"; 2) Adopt Resolution 2022-73 titled "A Resolution of the City Council of the City of Encinitas, California Amending the Schedule of Fees For Engineering Services"; and 3) Adopt Resolution 2022-76 titled, "A Resolution of the City Council of the City of Encinitas, California Amending the Schedule of Fees For Marine Safety Services."
Assistant Director of Finance Gallup presented the staff report.
COUNCIL MEMBER DISCLOSURES:
Council Member Hinze, Council Member Kranz, Council Member Lyndes, Deputy Mayor Mosca, and Mayor Blakespear had no disclosures to report.
Mayor Blakespear opened the public hearing.
There were no public speakers.
Mayor Blakespear closed the public hearing.
COUNCIL ACTION:
Blakespear moved, Lyndes seconded to: 1) Adopt Resolution 2022-72 titled, "A Resolution of the City Council of the City of Encinitas, California Amending the Schedule of Fees For Planning Services"; 2) Adopt Resolution 2022-73 titled "A Resolution of the City Council of the City of Encinitas, California Amending the Schedule of Fees For Engineering Services"; and 3) Adopt Resolution 2022-76 titled, "A Resolution of the City Council of the City of Encinitas, California Amending the Schedule of Fees For Marine Safety Services." Motion Carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays: None.
Absent: None
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10G. Approval of FY 2022-23 Operating Budget and FY 2022-23 to FY 2026-27 Capital Improvement Program (CIP) and Financial Plan; Adoption of Resolution 2022-66, Approving Operating and CIP Appropriations for FY 2022-23; Adoption of Resolution 2022-67, Determining the Appropriations Limit for FY 2022-23; and Adoption of Resolution 2022-68, Approving Position Titles and Pay Ranges for FY 2022-23. Contact Person: Finance Manager II Sanderson
Recommended Action: 1) Adopt Resolution No. 2022-66 titled, "A Resolution of the City Council of the City of Encinitas Adopting the Fiscal Year 2022-23 Operating Budget and Capital Improvement Program Appropriations", 2) Adopt Resolution No. 2022-67 titled, °,A Resolution of the City Council of the City of Encinitas Determining and Adopting the Appropriations Limit for Fiscal Year 2022-23 In Accordance with Article XIII- B of the Constitution of the State of California"; and 3) Adopt Resolution No. 2022-68 titled, "A Resolution of the City of Encinitas City Council Approving Titles and Pay Ranges for the City of Encinitas for Fiscal Year 2022-23." Finance Manager Sanderson presented the staff report.
COUNCIL ACTION:
Mosca moved, Blakespear seconded to: 1) Adopt Resolution No. 2022- 66 titled, "A Resolution of the City Council of the City of Encinitas Adopting the Fiscal Year 2022-23 Operating Budget and Capital Improvement Program Appropriations"; 2) Adopt Resolution No. 2022- 67 titled, "A Resolution of the City Council of the City of Encinitas Determining and Adopting the Appropriations Limit for Fiscal Year 2022-23 In Accordance with Article XIII-B of the Constitution of the State of California"; and 3) Adopt Resolution No. 2022-68 titled, "A Resolution of the City of Encinitas City Council Approving Titles and Pay Ranges for the City of Encinitas for Fiscal Year 2022-23." Motion Carried. 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
There were no reports.
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06/15/22 Regular Meeting
14. CITY MANAGER REPORTS
City Manager Antil reported that there were no conflicts during the Community Grant Allocation process.
15. CITY ATTORNEY REPORTS
City Attorney Preziosi amended his report out of closed session to report that regarding Closed Session Agenda Item #2 (Schaar v. City of Encinitas), the City Council authorized a tolling agreement in exchange for a request for dismissal.
City Attorney Preziosi reported on SB 932.
City Clerk Hollywood reported that there is a vacancy on the Mobility and Traffic Safety Commission-Olivenhain representative and the deadline for applying is Thursday, June 16, 2022, at 5 p.m.
16. ADJOURNMENT
Mayor Blakespear adjourned the meeting at 9:26 p.m.
e�"A% I Lai
Kathy Holl ood, Ny Clerk
By: Pete Weichers,
Deputy City Clerk
i
Catherine S. Blakespear, Mayor
06/15/22 Regular Meeting Page 11 Mtg. 42022- Bk438, Page