MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
OCTOBER 26, 2022, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Blakespear called the meeting to order at 6:02 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, Development Services Director Sapa'u, Senior Planner Dacey, 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
4A. Presentation of Arts and Humanities Month Proclamation to Michael Corrales-Schmitt, Chair of the Commission for the Arts
Mayor Blakespear presented a proclamation to Michael Corrales-Schmitt, Chair of the Commission for the Arts recognizing October as Arts and Humanities Month.
413. Presentation of Imagine a Day Without Water Proclamation to Rosette Garcia, President, League of Women Voters of North County San Diego Mayor Blakespear presented a proclamation to Rosette Garcia, President, League of Women Voters of North County San Diego, and Carol Parker regarding "Imagine a Day Without Water."
5. ORAL COMMUNICATIONS I POSSIBLE DIRECTION TO STAFF
Mayor Blakespear announced that 30 minutes of oral communications would be heard at this time and then the remaining speakers would be heard at the end of the meeting.
Harbir Virk spoke regarding public safety downtown.
10/26/22 Regular Meeting Page 1 Mtg. #2022- , Bk#38, Page
10/26/22 Regular Meeting
[1
8. The following speakers spoke regarding rescinding Resolution 2022-106:
Marilyn Ambrose, Tom McGinnis, Ann McGinnis, Maureen Hammock, Robert Hickey, and Tom Adams.
Deborah Molina spoke regarding public safety downtown.
John Afshari spoke regarding public safety downtown.
Mark Wilcox spoke regarding marijuana business taxes.
Trina Priest spoke regarding Red Ribbon Week.
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 were no reportable actions for Items 1-2.
Regarding Item 3, there was consensus from the Council to agendize an amendment and extension to the City Manager's contract at a future Council meeting.
CHANGES TO THE AGENDA
City Clerk Hollywood stated there were no changes to the posted agenda.
CONSENT CALENDAR
City Clerk Hollywood announced that item 8J was removed from the consent calendar by a member of the public.
COUNCIL ACTION:
Hinze moved, Mosca seconded to close and adopt the Consent Calendar with the exception of Item 8J. Motion Carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Absent: None. Nays: None.
8B. Approval of Minutes of the October 12, 2022, Regular 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. 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
10/26/22 Regular Meeting Page 2 Mtg. #2022- , Bk#38, Page
10/26/22 Regular Meeting
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 Senior Expo scheduled for February 25, 2023, at the Encinitas Community and Senior Center. 8E. Youth Commission Work Plan Outcomes for Fiscal Year 2021-22 and Proposed Work Plan for Fiscal Year 2022-23. Contact Person: Recreation Supervisor Anderson
Recommended Action: 1) Receive final report outcomes for the Fiscal Year 2021-22 Youth Commission Work Plan; and 2) Approve the proposed Fiscal Year 2022-23 Youth Commission Work Plan.
8F. Memorandum of Understanding with the San Dieguito Union High School District for the School Crossing Guard Program for the 2022-23 School Year. Contact Person: Senior Management Analyst Ruess
Recommended Action: Authorize the City Manager, in coordination with the City Attorney, to execute a Memorandum of Understanding (MOU) between the City of Encinitas and the San Dieguito Union High School District (SDUHSD), in substantial form, to fund up to $10,000 of the costs of a crossing guard at Oak Crest Middle School.
8G. 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 a Memorandum of Understanding (MOU) between the City of Encinitas and the Encinitas Union School District, in substantial form, to fund up to $57,384 of the costs of crossing guards at multiple schools.
08H. Emergency Declaration for the excavation, leak investigation, and necessary repairs of the 12-inch steel storm drain force main on the west side of North Coast Highway 101 just north of Phoebe Street. Contact Person: Director of Engineering/City Engineer Bankston
Recommended Action: Authorize emergency excavation, leak investigation, and any necessary repairs of the 12-inch steel storm drain force main on the west side of North Coast Highway 101 just north of Phoebe Street.
081. Authorize grant applications for North Vulcan Avenue Multi -Use Path, Leucadia Boulevard/Hygeia Roundabout and Pedestrian Enhancements, and La Costa Avenue Pedestrian Enhancements under the Active Transportation Program. Contact Person: Traffic Engineer Bandegan 10/26/22 Regular Meeting Page 3 Mtg. #2022- , Bk#38, Page
10/26/22 Regular Meeting
Recommended Action: North Vulcan Avenue Multi -Use Path, Leucadia Boulevard/Hygeia Roundabout and Pedestrian Enhancements, and La Costa Avenue Pedestrian Enhancements.
08K. Adopt City Council Ordinance Nos. 2022-12, 2022-13, and 2022-14:
• Ordinance No. 2022-12 adopts the 2022 California Building Standards Code, 2021 International Fire Code, and 2022 California Fire Code as required by law, which will take effect on January 1, 2023; • Ordinance No. 2022-13 proposes Municipal Code amendments, which modify the 2022 California Building Standards Code related to energy efficiency and solar energy to continue implementation of building - related measures in the Encinitas Climate Action Plan; and • Ordinance No. 2022-14 adopts the California Green Building Standards Code (CAL Green code) with specific City amendments related to building decarbonization, electric vehicles, water conservation and energy efficiency, to continue implementation of building -related measures in the Encinitas Climate Action Plan and incorporate electric vehicle supply equipment permit streamlining requirements as required by Government Code Section 65850.7. CASE NUMBERS: PLCY- 005614-2022, PLCY-005615-2022, and PLCY-005621-2022.
LOCATION: Citywide. Contact person: Sustainability Manager Najera Recommended Action: 1) Adopt City Council Ordinance No. 2022-12, titled "An Ordinance of the City Council of the City of Encinitas, California adopting amendments to Chapter 23.12 (Uniform Codes for Construction) of Title 23 (Building and Construction) and to Chapter 10.04 (2018 International Fire Code and 2019 California Fire Code) of Title 10 (Fire Prevention) of the Encinitas Municipal Code to adopt the 2022 California Building Standards Code and the 2022 International Fire Code and 2022 California Fire Code with Certain amendments, additions, and deletions;" 2) Adopt City Council Ordinance No. 2022-13, titled "An Ordinance of the City Council of the City of Encinitas, adopting amendments to Chapter 23.12 (Uniform Codes for Construction) of Title 23 (Building and Construction) of the Encinitas Municipal Code to make certain amendments, additions, and deletions related to energy efficiency and solar energy;" and 3) Adopt City Council Ordinance No. 2022-14, titled "An Ordinance of the City Council of the City of Encinitas, adopting amendments to Chapter 23.12 (Uniform Codes for Construction) of Title 23 (Building and Construction) of the Encinitas Municipal Code to make certain amendments, additions, and deletions related to building decarbonization, electric vehicles, water conservation and energy efficiency."
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
08J. Award a construction contract for the Highway Safety Improvement Program (HSIP) Cycle 9 El Camino Real Z Crossing Project (CS20G) at Via Molena. Contact Person: Engineer I Massoudi
10/26/22 Regular Meeting Page 4 Mtg. #2022- , Bk#38, Page
10/26/22 Regular Meeting
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 DBX, Inc. in the amount of $488,536 plus 15 percent contingency ($73,280) for a total construction contract not -to -exceed amount of $561,816 for construction of the El Camino Real Z Crossing Project (CS20G); and 2) Adopt City Council Resolution No. 2022-105 titled "A Resolution of the City Council of the City of Encinitas amending the Fiscal Year 2022-23 Budget" to fully fund construction of the HSIP Cycle 9 El Camino Real Z Crossing Project (CS20G).
SPEAKER:
Ron Dodge spoke in support of the recommended action.
COUNCIL ACTION:
Mosca moved, Kranz seconded to: 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 DBX, Inc. in the amount of $488,536 plus 15 percent contingency ($73,280) for a total construction contract not -to -exceed amount of $561,816 for construction of the El Camino Real Z Crossing Project (CS20G); and 2) Adopt City Council Resolution No. 2022-105 titled "A Resolution of the City Council of the City of Encinitas amending the Fiscal Year 2022-23 Budget" to fully fund construction of the HSIP Cycle 9 El Camino Real Z Crossing Project (CS20G).
Motion Carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca.
Absent: None. Nays: None.
10. ACTION ITEMS
10A. Public hearing to consider the introduction of draft City Council Ordinance No. 2022-17 to add new Chapter 30.18 (Two -Unit Development and Urban Lot Split Regulations) to Title 30 (Zoning) for new development and design standards for urban lot splits and two -unit residential development in single- family zones as allowed under Senate Bill 9 ("SB 9") and amend Section
6.05 of the Encinitas Ranch Specific Plan, and the Local Coastal Program.
Contact Person: Director of Development Services Sapa'u Recommended Action: Introduce City Council Ordinance No. 2022-17 titled, "An Ordinance of the City Council of the City of Encinitas Adding a New Chapter 30.18 (Two Unit Development and Urban Lot Split Regulations) to Title 30 of the Encinitas Municipal Code and Amending Section 6.05 of the Encinitas Ranch Specific Plan, thereby amending the Implementation Plan of the Local Coastal Program, Pertaining to Senate Bill 9 Implementation Regulations."
10/26/22 Regular Meeting Page 5 Mtg. #2022- , Bk#38, Page
10/26/22 Regular Meeting
Senior Planner Dacey presented the staff report and responded to preliminary questions from the Council.
Mayor Blakespear opened the public hearing.
SPFAKFRS-
The following speakers spoke in opposition to the recommended action: Bill Welch, Scott Campbell, Cindy Cremona, Dennis Kaden, and Karen Kaden.
Jennifer Hewitson registered opposition to the recommended action but chose not to speak.
Mayor Blakespear closed the public hearing.
COUNCIL ACTION:
Kranz moved, Blakespear seconded to introduce City Council Ordinance No. 2022-17 titled, "An Ordinance of the City Council of the City of Encinitas Adding a New Chapter 30.18 (Two Unit Development and Urban Lot Split Regulations) to Title 30 of the Encinitas Municipal Code and Amending Section 6.05 of the Encinitas Ranch Specific Plan, thereby amending the Implementation Plan of the Local Coastal Program, Pertaining to Senate Bill 9 Implementation Regulations." Motion Carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca.
Absent: None. Nays: None.
10B. Award a Construction Contract and Construction Management and Inspection Services Contract for the Pacific View Site Project (CF20D).
Contact Person: Assistant City Manager Campbell
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 Conan Construction Inc., in the amount of $4,559,500 plus 20 percent contingency ($911,900) for a total not -to -exceed construction contract amount of $5,471,400 including any future contract amendments for construction of the Pacific View Site Project; 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 Kleinfelder Construction Services, in the amount of $800,000 plus 15 percent contingency ($120,000) for a total not -to -exceed contract amount of $920,000 including any future contract amendments for the construction management and inspection services for the Pacific View Site Project.
Assistant City Manager Campbell presented the staff report and responded to questions from the Council.
10/26/22 Regular Meeting Page 6 Mtg. #2022- , Bk#38, Page
10/26/22 Regular Meeting
SPEAKERS:
The following speakers spoke in support of the recommended action:
Michael Corrales-Schmitt, Mark Wisniewski, Rachel White, Brad Roth, and Kathleen Lees.
COUNCIL ACTION:
Lyndes moved, Blakespear seconded to: 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 Conan Construction Inc., in the amount of $4,559,500 plus 20 percent contingency ($911,900) for a total not -to - exceed construction contract amount of $5,471,400 including any future contract amendments for construction of the Pacific View Site Project; 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 Kleinfelder Construction Services, in the amount of $800,000 plus 15 percent contingency ($120,000) for a total not -to -exceed contract amount of $920,000 including any future contract amendments for the construction management and inspection services for the Pacific View Site Project. Motion Carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Absent: None. Nays: None.
11. INFORMATIONAL ITEMS
11A. Update on Mature Tree Preservation. Contact Person: Development Services Director Sapa'u
Recommended Action: Receive Oral Report.
Development Services Director Sapa'u presented the staff report and responded to questions from the Council.
SPEAKER:
Russell Levan spoke regarding the importance of tree preservation.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
(CONTINUED FROM EARLIER ON THE AGENDA)
Scott Campbell spoke regarding various issues in the City.
Kelly McCormick spoke regarding Red Ribbon Week.
Jennifer Hewitson spoke regarding open space.
Jeryl Anne Kessler spoke regarding the Staver Housing project on Melba Road. 10/26/22 Regular Meeting Page 7 Mtg. #2022- , Bk#38, Page
10/26/22 Regular Meeting
Rachel Graves spoke regarding the School District Liaison Committee.
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
Mayor Blakespear spoke regarding the City of Carlsbad's use of the Mills Act.
Council Member Hinze spoke regarding a prior NCTD board meeting.
14. CITY MANAGER REPORTS
City Manager Antil provided an update on the following:
• La Costa Walkway improvement project
• Slurry striping on the 101
• Pacific View Groundbreaking event on Friday at 1 p.m. • Dia De Los Muertos Festival Saturday at the Encinitas Community Center • Maggie Houlihan Dog Park reopening on Monday, October 31, 2022
15. CITY ATTORNEY REPORTS
City Attorney Preziosi spoke regarding AB 2449.
City Clerk Hollywood reported that ballots have been mailed out for the November election and additional information can be found on the Registrar of Voters website, www.sdvote.com .
16. ADJOURNMENT
Mayor Blakespear adjourned the meeting at 9:04 p.m.
Ifs.. .
Kathy Hollywood, City Clerk
By: Pete Weichers,
Deputy City Clerk
Catherine S. Blakespear, Mayor
10/26/22 Regular Meeting Page 8 Mtg. #2022- , Bk#38, Page