MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
SEPTEMBER 21, 2022, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Blakespear called the meeting to order at 6:12 p.m.
2. ROLL CALL
Present: Mayor Catherine S. Blakespear, Deputy Mayor Joe Mosca, Council Members Tony Kranz and Joy Lyndes
Absent: Council Member Kellie Shay Hinze
Also present: Acting City Manager Sapa'u, City Attorney Preziosi, Sustainability Manager Najera, 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
Kevin Cummins spoke regarding an incorrect statement attributed to the residents in the agenda report for Item 08J - Eolus Contract Termination, on May 19, 2021, City Council agenda.
John Bottorff, Suzanne Hume, and Naeem Miller from Clean Earth 4 Kids spoke regarding the dangers of toxic chemicals and pesticides.
Nancy Perry -Sheridan spoke regarding support for a retail flavored tobacco ban and support for Proposition 31.
Raul Villamar spoke regarding parking downtown.
Trina Priest spoke regarding the annual dab walk held on September 18, 2022, at the Rancho Buena Vista duck pond.
6. REPORT FROM CLOSED SESSION
City Attorney Preziosi reported that the City Council held a Closed Session at 4:00 p.m., to consider one item and there was no reportable action. 09/21/22 Regular Meeting Page 1 Mtg. 92022- , Bk#38, Page
09/21/22 Regular Meeting
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91 CHANGES TO THE AGENDA
City Clerk Hollywood announced that there were no changes to the posted agenda.
CONSENT CALENDAR
COUNCIL ACTION:
Lyndes moved, Mosca seconded to close and adopt the Consent Calendar.
Motion Carried. Ayes: Blakespear, Kranz, Lyndes, Mosca. Absent: Hinze.
Nays: 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 September 6, 2022, Special Meeting. Contact Person: City Clerk Hollywood
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. Acceptance of the Trail 95 Project (CPOOF). Contact Person: Engineer Kirk Recommended Action: 1) Authorize the filing of the Notice of Completion for the subject project; 2) Authorize the release of the payment bond in full upon the recording of the Notice of Completion; 3) Authorize the release of the performance bond in full one (1) year after the recording of the Notice of Completion; and 4) Adopt City Council Resolution No. 2022-93, titled "A Resolution of the City Council of the City of Encinitas, California, Accepting the Trail 95 Project" accepting the public improvements for the Trail 95 Project as complete to the satisfaction of the City.
8E. FY 2021-22 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) Program.
Contact Person: Management Analyst Schubert
Recommended Action: 1) Approve the FY 2021-22 CAPER; and 2) Authorize the City Manager or designee to submit the FY 2021-22 CAPER to the U.S. Department of Housing and Urban Development (HUD). 09/21/22 Regular Meeting Page 2 Mtg. #2022- , Bk#38, Page
09/21 /22 Regular Meeting
8F. Request to waive city encroachment permit application fees and associated traffic control permit review fees for the BCycle Bikeshare Pilot Program.
Contact Person: Sustainability Manager Najera
Recommended Action: Approve waiving entitlement permit, encroachment permit and traffic control permit fees for BCycle, LLC authorizing encroachment and the construction, operation, and maintenance of bike stations in the public right-of-way, for the duration of the term of the approved license agreement.
8G. City Response to Grand Jury Report: "Community Facilities Districts — The Misunderstood and Sometimes Hidden Use of Mello -Roos Taxes Across San Diego County." Contact Person: Senior Risk Safety Analyst Chapman Recommended Action: Approve the submission of the City of Encinitas' official response to the County of San Diego Grand Jury. 8H. City of Encinitas' Response to Grand Jury Report: "Low Income Parking Citation Plan — Compliance with Vehicle Code §40220 Legislative Requirements." Contact Person: Senior Risk Safety Analyst Chapman Recommended Action: Approve the submission of the City of Encinitas' official response to the County of San Diego Grand Jury.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
10. ACTION ITEMS
10A. Consideration of a recommendation from the Environmental Commission to develop and consider the adoption of an ordinance limiting public smoking areas within the city limits. Contact Person: Sustainability Manager Najera Recommended Action: Direct staff to initiate an ordinance amending the Encinitas Municipal Code (EMC) to prohibit smoking of all tobacco products in public spaces, limiting exceptions to smoking on private property or in a moving vehicle.
Sustainability Manager Najera, and Environmental Commissioners O'Connor and Cramer, presented the staff report and responded to questions from the Council.
SPEAKERS:
The following speakers spoke in support of the recommended action: Nancy Logan, James Wang, John Bottorff, Janice Montle, Naeem Miller, Suzanne Hume, Peggy Walker, and Mitch Silverstein.
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09/21/22 Regular Meeting
COUNCIL ACTION:
Kranz moved, Blakespear seconded to direct staff to initiate an ordinance amending the Encinitas Municipal Code (EMC) to prohibit smoking of all tobacco products in public spaces, limiting exceptions to smoking on private property or in a moving vehicle, modeled after the Manhattan Beach ordinance and to include an analysis of enforcement and the legality of removing the moving vehicle exception. Motion Carried. Ayes: Blakespear, Kranz, Lyndes, Mosca.
Absent: Hinze. Nays: None.
11. INFORMATIONAL ITEMS
There were no informational items.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
There were no Council initiated items.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
There were no reports.
14. CITY MANAGER REPORTS
No report was given.
15. CITY ATTORNEY REPORTS
City Attorney Preziosi reported on AB 2249 that was signed into law by the Governor regarding revisions to the Brown Act.
16. ADJOURNMENT
Mayor Blakespear adjourned the meeting at 7:31 p.m.
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Kathy Hollywood, City Clerk
By: Pete Weichers,
Deputy City Clerk
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Catherine S. Blakespear, Mayor
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