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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
JANUARY 18, 2023, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Kranz called the meeting to order at 6:00 p.m.
2. ROLL CALL
Present: Mayor Tony Kranz, Deputy Mayor Joy Lyndes, Council Members Bruce Ehlers and Kellie Hinze
Absent: None; there is one vacancy on the City Council
Also present: City Manager Antil, City Attorney Preziosi, Director of Engineering Bankston, Principal Engineer Widelski, Deputy City Clerk Weichers, and Program Coordinator Rapp
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
John W. Franklin spoke regarding Factitious Disorder Imposed on Another.
Kelly McCormick spoke regarding an ordinance for smokefree areas in outdoor public places.
Amy McCord spoke regarding the Public Safety Element.
Susanne Klausenstock spoke regarding the Olivenhain Evacuation Plan and the Public Safety Element.
Sabrina Must spoke regarding street drainage during rainstorms.
Bruce Smith spoke regarding gas blowers and having the names of complainants kept confidential.
Jerry Anne Kessler spoke regarding the Staver housing project on Melba Road.
David Williamson spoke regarding marijuana dispensaries.
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June Honsberger spoke regarding mobility improvements in Leucadia.
Mark Miville spoke regarding safety issues in the City.
6. REPORT FROM CLOSED SESSION
There was no closed session.
7. CHANGES TO THE AGENDA
There were no changes to the posted agenda.
8. CONSENT CALENDAR
Mayor Kranz expressed appreciation to Assemblywoman Boerner Horvath regarding Item 8E.
Deputy Mayor Lyndes expressed appreciation for Item 8D.
COUNCIL ACTION:
Hinze moved, Lyndes seconded to close and adopt the Consent Calendar.
Motion Carried. Ayes: Ehlers, Hinze, Kranz, and Lyndes. 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 December 13, 2022, Special Meeting, December 14, 2022, Regular Meeting, December 21, 2022, Special-Closed Session Meeting, and December 21, 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.
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8D. Second reading and adoption of City Council Ordinance No. 2022-21 Amending Section 15.02.030, Definitions, of Chapter 15.02, Municipal Tree Ordinance, of the Encinitas Municipal Code. Contact Person: City Arborist Kallstrand
Environmental Considerations: The proposed amendments to the EMC are exempt from the 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 and pursuant to CEQA 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 amendments to the Municipal Code regard local administrative procedure updates.
Recommended Action: Adopt City Council Ordinance No. 2022-21 titled “An Ordinance of the City Council of the City of Encinitas, California, Amending Section 15.02.030, Definitions, of Chapter 15.02, Municipal Tree Ordinance, of the Encinitas Municipal Code.”
8E. Resolution Approving the Applications for State of California Parks and Recreation Specified Grant Funds from Budget Act 2022/23. Contact Person: Parks Operations Manager Norgard
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 Resolution No. 2023-07, titled “Resolution of the City Council of the City of Encinitas Approving Applications for Specified Grant Funds from Budget Act 2022/23” authorizing project applications for Specified Grant Funds; 2) Adopt City Council Resolution No. 2023-08, titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget” to increase the capital budget by $3,450,000; and 3) Authorize the City Manager or City Manager’s Designee to submit applications, accept funds, and enter into agreements with the State of California Department of Parks and Recreation, in conjunction with the City Attorney, subject to current City Council budget appropriations.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
There were no items were removed from the Consent Calendar.
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10. ACTION ITEMS
10A. Council to meet with applicants and make one appointment to fill the District 1 City Council vacancy with a term ending upon the certification of the November 2024 election. 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” per Section 15378(b)(5) of the 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: Consider each applicant’s qualifications and interest in serving on the City Council, discuss and make one appointment to fill District 1 City Council vacancy with a term ending upon the certification of the November 2024 election.
Deputy City Clerk Weichers announced the procedure for this item.
Mayor Kranz presented a map of the City showing District 1.
APPLICANTS:
Tonya Bell, Allison Blackwell, Michael Blobe, Scott Campbell, Maureen Farley, Michael Glenn O’Grady, and Alexander Riley presented their qualifications and interest in serving on the City Council for District 1 and responded to questions from the Council.
SPEAKERS:
Joan Dodge, Delores Loedel, June Honsberger, and Kym Masterson spoke in support of appointing Allison Blackwell.
Mark Mayer spoke regarding the appointment and appointment process.
Rachelle Collier spoke regarding requirements this candidate will need to address if appointed.
Kevin Doyle spoke in support of Michael Glenn O’Grady and Scott Campbell.
COUNCIL ACTION:
Hinze moved, Lyndes seconded to appoint Allison Blackwell to fill the vacancy on the City Council District 1.
Ehlers made a substitute motion to appoint Michael Glenn O’Grady. The motion failed for lack of a second.
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The original motion was voted on:
Hinze moved, Lyndes seconded to appoint Allison Blackwell to fill the vacancy on District 1 with a term ending upon the certification of the November 2024. Motion Carried. Ayes: Hinze, Kranz, and Lyndes.
Nays: Ehlers. Absent: None
11. INFORMATIONAL ITEMS
11A. Leucadia At-Grade Crossing Updates. Contact Person: Principal Engineer Widelski
Recommended Action: Receive the Oral Report
Principal Engineer Widelski, Director of Engineering Bankston, and Robert Williams from Rail Pros presented the staff report and responded to questions from the Council. . A community meeting was announced for Monday, January 30, 2023, in the Poinsettia Room.
SPEAKERS:
Dianna Nunez, Delores Loedel, June Honsberger, Chris Ryan, and Glenn O’Grady spoke regarding this item.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
There were no Council Member Initiated Agenda items.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Council Member Hinze reported on her first meeting and orientation on the San Diego Community Power Authority.
14. CITY MANAGER REPORTS
City Manager Antil provided an update on the following:
• Group Church Housing Element Site Project is going to Planning Commission tomorrow night, January 19, 2023
• New Housing Solutions Manager Starts on Monday, January 23, 2023. • Cardiff Sports Park Backstops are in and being installed starting tomorrow, January 19, 2023, weather permitting.
• Community Grant Applications go live this week.
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15. CITY ATTORNEY REPORTS
City Attorney Preziosi spoke regarding AB 1909 – bike safety, amendment to Code 21456.2 regarding bike laws, and SB 1439 amending Government Code 84308 regarding appointed officials including City Council Members and campaign contributions.
Deputy City Clerk Weichers stated the application deadline for the annual recruitment of Boards and Commissions for incumbents is tomorrow, January 19, 2023, at 5:00 p.m. and for new applicants, the deadline is Thursday, January 26, 2023, at 5:00 p.m.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting in honor of David D’Lima at 8:38 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Jackie Rapp
Program Coordinator
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