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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
NOVEMBER 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: City Manager Antil, City Attorney Preziosi, Sheriff’s Captain Lopez, Development Services Director Sapa’u, Senior Planner Dacey, Director of Engineering Bankston, Traffic Engineer Bandegan, 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.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
John Bandy, Anne Bandy, and John Sprengelmeyer spoke regarding field conditions at Lake Sports Complex.
Scott Campbell spoke regarding various issues in the City.
Trina Priest spoke regarding marijuana use and mental health.
Carlyann Woodring and George Baird spoke regarding teen vaping near schools.
Barbara Gordon and Nancy Perry-Sheridan spoke regarding programs offered by the San Dieguito Alliance for a Drug Free Youth.
Patty Stottlemyer spoke regarding the passing of Proposition 1.
6. REPORT FROM CLOSED SESSION
There was no Closed Session.
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7. CHANGES TO THE AGENDA
There were no changes to the posted agenda.
8. CONSENT CALENDAR
Council Member Kranz pulled Item 8I from the Consent Calendar.
COUNCIL ACTION:
Mosca moved, Lyndes seconded to close and adopt the Consent Calendar with the exception of Item 8I. Motion Carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Absent: None. 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 October 26, 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. Authorization for the destruction of specific, non-essential, non-permanent records. Contact Person: Deputy City Clerk Weichers
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: Adopt Resolution 2022-108 titled, “A Resolution of the City Council of the City of Encinitas, California Authorizing the Destruction of Specific Non-Essential, Non-Permanent Records in Accordance the City’s Records Retention Schedule and the Government Code.”
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8E. Reject bids for Leucadia Streetscape Segment C West Improvements project (CS23D). Contact Person: Director of Engineering Bankston Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
Today’s action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change to the environment.
Recommended Action: 1) Reject all bids from the October 19, 2022, bid opening for the Leucadia Streetscape Segment C West Improvements project (CS23D); and 2) Authorize staff to re-advertise and rebid Leucadia Streetscape Segment C West Improvements project (CS23D). 8F. Award a construction contract for the Highway Safety Improvement Program (HSIP) Cycle 8 Citywide LED Replacement Project (CS17H).
Contact Person: Engineer Massoudi
Environmental Considerations: It has been determined that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (c) of the CEQA Guidelines. This section exempts projects characterized as minor alterations to public facilities, involving negligible or no expansion of the existing use. Traffic control features are proposed on existing public streets but do not create additional automobile lanes. The proposed project meets the criteria for this exemption.
Recommended Action: 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 Servitek Electric, Inc. in the amount of $426,517 plus 15 percent contingency of $63,978 for a total construction contract not-to-exceed amount of $490,495 for purchasing the LED luminaires and replacement of existing pedestrian, safety, and street lighting fixtures with new LED fixtures in the City of Encinitas.
8G. Exclusive Negotiation and Right of Entry Agreement (ENA) with North Coast Repertory Theatre (“NORTH COAST”) to build a performing arts theatre on Lot 16 at the Encinitas Ranch Town Center and authorize the City Manager in coordination with the City Attorney to accept the Irrevocable Offer of Dedication (IOD) on the Parcel pending the outcome of the negotiations.
Contact Person: Director of Parks, Recreation, and Cultural Arts Karlen Environmental Considerations: The action considered is exempt from the California Environmental Quality Act, (CEQA), because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
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Recommended Action: 1) Authorize the Mayor to execute the one-year Exclusive Negotiation and Right of Entry Agreement, in coordination with the City Attorney, with North Coast Repertory Theatre; and 2) Authorize the City Manager in coordination with the City Attorney, to proceed with the acceptance of the IOD on the Parcel pending the outcome of the negotiations.
8H. Consider the filing of an application for Permanent Local Housing Allocation (“PLHA”) funds with the California Department of Housing and Community Development (“HCD”) for a five-year estimate of $936,264 with an application filing deadline of November 30, 2022. Contact Person: Senior Planner Dacey
Environmental Considerations: The action being considered by the City Council is exempt from environmental review pursuant to General Rule, Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines since there would be no possibility of a significant effect on the environment. In addition, the request is exempt from environmental review pursuant to CEQA Guidelines Section 15378(b)(5), which exempts organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment in that the request is an administrative activity to file an application for grant funding with a State entity and is not considered a “project” under CEQA.
Recommended Action: Adopt Resolution No. 2022-114 titled, “A Resolution of the City Council of the City of Encinitas authorizing the application and adopting the Permanent Local Housing Allocation (PLHA) Plan for the Permanent Local Housing Allocation Grant Program.”
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8I. Professional Services Agreement between the City of Encinitas and Kimley- Horn and Associates, Inc., to complete the amendments to the Housing Element of the General Plan to comply with Government Code Section 65863 and consistent with Program 1E of the Housing Element to ensure that adequate sites remain available throughout the planning period (2021- 2029). Contact Person: Senior Planner Dacey
Environmental Considerations: This action is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15378(b)(5), which exempts organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. The Housing Element Update resulting from the work effort will require compliance with CEQA prior to decision by Council.
Recommended Action: Approve the Professional Services Agreement between the City of Encinitas and Kimley-Horn and Associates, Inc. in an amount not-to-exceed $555,000, and authorize the City Manager to execute the same, subject to the review and final approval of the City Attorney.
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Council Member Kranz questioned the timelines associated with the agreement.
Development Services Director Sapa’u presented the staff report and responded to questions from the Council.
COUNCIL ACTION:
Kranz moved, Hinze seconded to approve the Professional Services Agreement between the City of Encinitas and Kimley-Horn and Associates, Inc. in an amount not-to-exceed $555,000, and authorize the City Manager to execute the same, subject to the review and final approval of the City Attorney. Motion Carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Absent: None. Nays: None.
10. ACTION ITEMS
10A. Introduce City Council Ordinance No.2022-18 titled, “An Ordinance of the City Council of the City of Encinitas, California, amending Chapters 12.01,
12.08, 12.12, 12.16, 12.20 and 2.28 of the Encinitas Municipal Code.” Contact Person: Human Resource Analyst III Chase
Environmental Considerations: The action considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: Staff recommends that City Council introduce Ordinance No. 2022-18 titled, “An Ordinance of the City Council of the City of Encinitas, California Amending Chapters 12.01, 12.08, 12.12, 12.16, and
12.20 and 2.28 of the Encinitas Municipal Code.”
Human Resources Director Bokosky presented the staff report and responded to questions from the Council.
City Attorney Preziosi recommended a change to Section 12.01.060 to avoid an inconsistency in this section.
COUNCIL ACTION:
Mosca moved, Hinze seconded to introduce Ordinance No. 2022-18 “An Ordinance of the City Council of the City of Encinitas, California Amending Chapters 12.01, 12.08, 12.12, 12.16, and 12.20 and 2.28 of the Encinitas Municipal Code” amended to include the City Attorney’s recommended change to Section 12.01.060. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Absent: None. Nays: None.
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10B. Proposed Development Services personnel changes and a resolution amending the City of Encinitas job classifications and pay ranges to add a Homeless Solutions Manager position. Contact Person: Development Services Director Sapa’u
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: 1) Approve the addition of a Homeless Solutions Manager in the Development Services Department; and 2) Adopt Resolution No. 2022-116 titled “A Resolution of the City of Encinitas City Council Approving Titles and Pay Ranges for the City of Encinitas for Fiscal Year 2022-2023.”
Development Services Director Sapa’u presented the staff report and responded to questions from the Council.
COUNCIL ACTION:
Kranz moved, Lyndes seconded to: 1) Approve the addition of a Homeless Solutions Manager in the Development Services
Department; and 2) Adopt Resolution No. 2022-116 titled “A Resolution of the City of Encinitas City Council Approving Titles and Pay Ranges for the City of Encinitas for Fiscal Year 2022-2023.” Motion Carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Absent:
None. Nays: None.
10C. Safety and Mobility Enhancements on La Costa Avenue. Contact Person:
Traffic Engineer Bandegan
Environmental Considerations: The action being considered by City Council is exempt from the California Environmental Quality Act (CEQA) because receiving a report and providing direction on design options is not a “project” per Section 15378(b)(5) of the CEQA Guidelines.
Recommended Action: 1) Receive and approve La Costa Avenue and Vulcan Avenue Analysis including intersection control alternatives; 2) Approve staff recommendation to prepare a concept design for a new cross section on La Costa Avenue that creates a new Two Way Left Turn Lane (TWLTL) between Interstate 5 and Vulcan Avenue and adds sidewalks; and 3) Provide direction to staff regarding intersection control options at the North Vulcan Avenue and Sheridan Road intersections and implementing future safety and mobility enhancements.
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Traffic Engineer Bandegan presented the staff report and responded to questions from the Council.
SPEAKERS:
The following speakers spoke in opposition to the recommended action:
Scott Campbell, Aaron Hebshi, and Josh Sebastian.
COUNCIL ACTION:
Kranz moved, Lyndes seconded to: 1) Direct staff to bring back the necessary Ordinance for the installation of an all-way stop at La Costa Avenue and Sheridan Avenue and direct staff to conduct a speed survey; and 2) Continue to engage with the City of Carlsbad regarding long-term solutions for La Costa Avenue. Motion Carried. Ayes:
Blakespear, Hinze, Kranz, Lyndes, Mosca. Absent: None. Nays: None. 10D. Authorization for the County of San Diego and San Diego County Sheriff’s Department to install and operate Automated License Plate Reader (LPR) cameras on traffic signals in the City using Rekor Systems Inc. equipment.
Contact Person: Sheriff’s Captain Lopez
Environmental Considerations: The action considered is exempt from the California Environmental Quality Act, (CEQA), because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: 1) Authorize the City Manager to enter into a Right of Entry agreement with the County of San Diego and the San Diego County Sheriff’s Department in conjunction with the City Attorney, in substantial form to place five fixed LPR cameras on City Traffic Signals; and 2) Authorize the City Manager to reimburse the County of San Diego and the San Diego County Sheriff’s Department in the amount of $30,226 for up to seven cameras, licensing and service fees for three years and $10,080 for the cellular service fees for up to seven cameras for three years.
Sheriff’s Captain Lopez and Lieutenant Lawrence presented the staff report and responded to questions from the Council.
SPEAKERS:
William Teter spoke regarding privacy concerns and data collection.
COUNCIL ACTION:
Lyndes moved, Mosca seconded to: 1) Authorize the City Manager to enter into a Right of Entry agreement with the County of San Diego and the San Diego County Sheriff’s Department in conjunction with the City Attorney, in substantial form to place five fixed LPR cameras on City Traffic Signals; and 2) Authorize the City Manager to reimburse the County of San Diego and the San Diego County Sheriff’s DocuSign Envelope ID: D5B1BB76-66A5-4719-AEB4-B631A68BF227
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Department in the amount of $30,226 for up to seven cameras, licensing and service fees for three years and $10,080 for the cellular service fees for up to seven cameras for three years. Motion Carried.
Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Absent: None. Nays:
None.
10E. Creation of a community Infrastructure Task Force (ITF). Contact Person:
City Manager Antil
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
Today’s action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change to the environment.
Recommended Action: The infrastructure subcommittee (Lyndes and Mosca) recommend that the City Council proceed with the formation of a one-year community task force to evaluate the City’s infrastructure (roads, bridges, facilities, etc.) backlog, prioritization, and anticipated financial needs and opportunities for funding for future infrastructure.
City Manager Antil presented the staff report and responded to questions from the Council.
COUNCIL ACTION:
Kranz moved, Hinze seconded to approve the creation of the one-year community Infrastructure Task Force. Motion Carried. Ayes:
Blakespear, Hinze, Kranz, Lyndes, Mosca. Absent: None. Nays: None.
11. INFORMATIONAL ITEMS
11A. Leucadia At-Grade Crossing Update. Contact Person: Principal Engineer Widelski
Recommended Action: Receive the oral report.
Principal Engineer Widelski and Robert Williams with RailPros presented an update of the Leucadia At-Grade Crossing and responded to questions from the Council.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
There were no Council initiated items.
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13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Mayor Blakespear announced that this was her last regular meeting and that November 29, 2022, would be a special meeting to recognize her end of term.
Council Member Hinze spoke regarding an upcoming Rail Safety Community Enhancement Committee meeting.
14. CITY MANAGER REPORTS
City Manager Antil provided an update on the following:
• Streetscape Phase 1 received an Engineering excellence award and commendation
• Music by the sea concert Friday, November 18
• Art night Saturday, November 19
• GIS Day, November 16
15. CITY ATTORNEY REPORTS
No report was given.
16. ADJOURNMENT
Mayor Blakespear adjourned the meeting at 9:09 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Catherine S. Blakespear, Mayor By: Pete Weichers
Deputy City Clerk
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