1/25/2023 Regular Meeting Page 1 Mtg. #2022-____, Bk#39, Page ____
MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
JANUARY 25, 2023, 6:00 P.M., 505 SOUTH VULCAN AVENUE
Mayor Kranz reflected on the increase in gun violence, recent mass shootings, and the need to take action to prevent future tragedies.
1. CALL TO ORDER
Mayor Kranz called the meeting to order at 6:03 p.m.
2. ROLL CALL
Present: Mayor Tony Kranz, Deputy Mayor Joy Lyndes, Council Members Allison Blackwell, Bruce Ehlers, and Kellie Shay Hinze
Absent: None
Also present: City Manager Antil, City Attorney Preziosi, Director of Engineering Bankston, Development Services Director Sapa’u, Finance Director McBroome, 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. City Clerk to Administer Oath of Office to Appointed City Council Member:
Council Member District 1 Allision Blackwell
City Clerk Hollywood stated that Allison Blackwell was officially sworn in on Monday, January 23, 2023, and that tonight was a ceremonial swearing in.
City Clerk Hollywood administered the Oath of Office to Allison Blackwell, Council Member District 1.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Sandra Anderson, Tony Joulapour, Fred Gelin, Scott Pogue, and Bonnie Bobzien spoke regarding a request for permit parking in their neighborhood.
Kristine Schindler spoke regarding the Cyclovia event held in January, pedestrian improvements in Cardiff, and the El Portal Undercrossing.
Brian Blair spoke regarding traffic on Quail Gardens Drive.
DocuSign Envelope ID: 6A87B641-EC51-422B-978F-4F10914064AC
1/25/2023 Regular Meeting
1/25/2023 Regular Meeting Page 2 Mtg. #2022-____, Bk#39, Page ____
Peggy Walker spoke regarding a ban on smoking in public places.
6. REPORT FROM CLOSED SESSION
City Attorney Preziosi reported that the City Council held a Closed Session at 5:00 p.m. to consider two items, and there were no reportable actions.
7. CHANGES TO THE AGENDA
City Clerk Hollywood announced that item 10A has been continued to the February 8, 2023, City Council Meeting.
8. CONSENT CALENDAR
City Clerk Hollywood announced that Consent Calendar Items 8F and 8G were being removed from the Consent Calendar by members of the public.
COUNCIL ACTION:
Lyndes moved, Hinze seconded to close and adopt the Consent Calendar with the exception of Items 8F and 8G. Motion Carried. Ayes: Blackwell, 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 Warrants List (Register of Demands). Contact Person:
Finance Manager Dinh
Recommended Action: Staff recommends that the City Council review and approve the warrants.
8C. Acceptance of the San Elijo Bridge Abutment Backfill Repair Project (CS22E). Contact Person: Senior Engineer Cabrera
Environmental Considerations: The actions being considered by the City Council are exempt from the California Environmental Quality Act (CEQA) because acceptance of the public improvements as complete is not a “project” under Section 15378(b)(5). The action involves an administrative activity of government that will not result in the direct or indirect physical change in the environment.
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 DocuSign Envelope ID: 6A87B641-EC51-422B-978F-4F10914064AC
1/25/2023 Regular Meeting
1/25/2023 Regular Meeting Page 3 Mtg. #2022-____, Bk#39, Page ____
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. 2023-09, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the San Elijo Bridge Abutment Backfill Repair Project.” 8D. Acceptance of the Diana Street/101 Pedestrian Crossing (CS17E) and North Court/101 Pedestrian Crossing (CS20H) Project. Contact Person:
Engineer I Stryker
Environmental Considerations: The actions being considered by the City Council are exempt from the California Environmental Quality Act (CEQA) because acceptance of public improvements as complete is not a “project” under Section 15378(b)(5). The action involves an administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: 1) Authorize the filing of the Notice of Completion for the Diana Street/101 Pedestrian Crossing (CS17E); 2) Authorize the filing of the Notices of Completion for the North Court/101 Pedestrian Crossing (CS20H); 3) Authorize the release of the payment bond in full upon the recording of the Notice of Completion; 4) Authorize the release of the performance bond in full one (1) year after the recording of the Notice of Completion; 5) Adopt City Council Resolution No. 2023-06, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the Diana Street/101 Pedestrian Crossing” accepting the public improvements for the Diana Street Pedestrian Crossing as complete to the satisfaction of the City; and 6) Adopt City Council Resolution No. 2023-12, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the North Court/101 Pedestrian Crossing Project” accepting the public improvements for the North Court Pedestrian Crossing as complete to the satisfaction of the City.
8E. Reject bids for the Santa Fe Drive Western Phase Improvements Project (CS19E). Contact Person: Senior Engineer Eckert
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 direct or indirect physical change to the environment.
Recommended Action: 1) Reject all bids from December 21, 2022 bid open for construction of the Santa Fe Drive Western Phase Improvements Project (CS19E); and 2) Authorize staff to re-advertise and rebid Santa Fe Drive Western Phase Improvements Project (CS19E).
DocuSign Envelope ID: 6A87B641-EC51-422B-978F-4F10914064AC
1/25/2023 Regular Meeting
1/25/2023 Regular Meeting Page 4 Mtg. #2022-____, Bk#39, Page ____
8H. Resolution to designate the City of Encinitas as a Bee City USA Affiliate.
Contact Person: Sustainability Manager Najera
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) Adopt Resolution No. 2023-10, titled “A Resolution of the City Council of the City of Encinitas Designating the City of Encinitas as a Certified Bee City USA Affiliate;” 2) Authorize staff to initiate the development of a policy/program as required to be a Bee City USA Affiliate; and 3) Authorize the City Manager, or designee, to complete and file the application designating the City of Encinitas as a Bee City USA Affiliate.
8I. Emergency Declaration: Stonesteps Staircase Beach Access. Contact Person: Parks Operation Manager Norgard
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: Receive the Emergency Declaration for the Stonesteps Beach Access.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8F. Consideration of adoption of City Council Resolution No. 2023-03 to initiate a native plant ordinance. Contact Person: Senior Planner Mobility Coordinator Jedynak
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 the CEQA Guidelines. The 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 City Council Native Plant Subcommittee (Lyndes and Ehlers) recommends that the City Council adopt City Council DocuSign Envelope ID: 6A87B641-EC51-422B-978F-4F10914064AC
1/25/2023 Regular Meeting
1/25/2023 Regular Meeting Page 5 Mtg. #2022-____, Bk#39, Page ____
Resolution No. 2023-03, titled, “A Resolution of the City Council of the City of Encinitas, California, Initiating a Native Plant Ordinance.” Development Services Director Sapa’u presented the staff report and responded to questions from the Council.
Deputy Mayor Lyndes and Council Member Ehlers presented background information on the item
SPEAKERS:
Don Rideout and Frank Landis spoke in support of the recommend action.
Kendra Saad and Kye Ok Kim registered support of the recommended action but chose not to speak.
COUNCIL ACTION:
Lyndes moved, Ehlers seconded to adopt City Council Resolution No. 2023-03, titled, “A Resolution of the City Council of the City of Encinitas, California, Initiating a Native Plant Ordinance.” Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays:
None. Absent: None.
8G. Approval of street list and authorization to advertise the FY 2022-23 Citywide Street Overlay and Slurry Seal Project (CS23A). Contact Person:
Engineer I Edgeworth
Environmental Considerations: 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. Maintenance and repair are proposed on existing public streets but does not create additional automobile lanes. The proposed project meets the criteria for this exemption.
Recommended Action: 1) Approve the street list for the FY 2022-23 Citywide Street Overlay and Slurry Seal Project (CS23A); 2) Authorize advertisement of the FY 2022-23 Citywide Street Overlay and Slurry Seal Project (CS23A); 3) Approve plans for the restriping of Manchester Avenue, South El Camino Real, South Coast Highway 101, South Rancho Santa Fe Road, and South Vulcan Avenue; and 4) Adopt City Council Resolution No. 2023-02 titled, “A Resolution of the City Council of the City of Encinitas Approving the Design and Plans for Restriping of Manchester Avenue, South El Camino Real, South Coast Highway 101, South Rancho Santa Fe Road, and South Vulcan Avenue Pursuant to Government Code Section 830.6”
Engineer Edgeworth presented the staff report and responded to questions from the Council.
DocuSign Envelope ID: 6A87B641-EC51-422B-978F-4F10914064AC
1/25/2023 Regular Meeting
1/25/2023 Regular Meeting Page 6 Mtg. #2022-____, Bk#39, Page ____
SPEAKERS:
Bill Carli, Michael von Neumann, Judy Berlfein, and Kristine Schindler spoke in opposition to the recommended action.
COUNCIL ACTION:
Lyndes moved, Hinze seconded to: 1) Approve the street list for the FY 2022-23 Citywide Street Overlay and Slurry Seal Project (CS23A), but not the attached plans; to include portions of Hygeia Avenue and the portions of Rodney Avenue, Turner Avenue, and Shields Avenue (known as Villanitas 2) that were not paved as part of the SDG&E Public Improvement Project, as additive alternates; 2) Authorize advertisement of the FY 2022-23 Citywide Street Overlay and Slurry Seal Project (CS23A); and 3) Refer the Designs and Plans for Manchester Avenue, South El Camino Real, South Coast Highway 101, South Rancho Santa Fe Road, and South Vulcan Avenue to the Mobility and Traffic Safety Commission for review. Motion Carried.
Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None.
Absent: None.
10. ACTION ITEMS
10A. Public hearing to consider the approval of the Modal Alternatives Project (MAP Encinitas), an implementation plan for the previously approved Active Transportation Plan. Contact Person: Senior Planner Mobility Coordinator Jedynak
Environmental Considerations: Pursuant to Section 15060(c)(2) of the California Environmental Quality Act (CEQA) Guidelines, the proposed activity is not subject to CEQA because approval of the Modal Alternatives Project, in and of itself, will not result in a direct or reasonably foreseeable indirect physical change in the environment. All projects prioritized in the plan are already part of the adopted Active Transportation Plan. Any future projects resulting from the plan will require compliance with CEQA prior to any decision by the Planning Commission and/or City Council.
Recommended Action: Adopt Resolution No. 2023-04, titled, “A Resolution of the City Council of the City of Encinitas Approving the Modal Alternatives Project (MAP Encinitas), an Implementation Plan for the Active Transportation Plan.”
Mayor Kranz opened the public hearing and continued the public hearing to February 8, 2023.
10B. Presentation of the City’s Annual Comprehensive Financial Report (ACFR) for the Fiscal Year ended June 30, 2022 and authorization of an additional DocuSign Envelope ID: 6A87B641-EC51-422B-978F-4F10914064AC
1/25/2023 Regular Meeting
1/25/2023 Regular Meeting Page 7 Mtg. #2022-____, Bk#39, Page ____
discretionary payment to CalPERS to reduce the City of Encinitas unfunded pension liability. Contact Persons: Assistant Director of Finance Gallup and Finance Manager Attili
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) Accept and file the Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2022; and 2) Adopt City Council Resolution 2023-05, titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget” to authorize an additional discretionary payment to CalPERS in the amount of $500,000 to reduce the City of Encinitas unfunded pension liability.
Director of Finance McBroome introduced Shannon Ayala, CPA from Davis Farr who presented the report and responded to questions from the Council.
COUNCIL ACTION:
Blackwell moved, Kranz seconded to: 1) Accept and file the Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2022; and 2) Adopt City Council Resolution 2023-03, titled “A Resolution of the City of Encinitas Amending the Fiscal Year 2022-23 Budget” to authorize an additional discretionary payment to CalPERS in the amount of $500,000 to reduce the City of Encinitas unfunded pension liability. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
10C. Infrastructure Task Force Committee Appointments. Contact Person: City Clerk Hollywood
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) Consider each applicant’s qualifications and interest in serving on the Infrastructure Task Force Committee; and 2) Approve the Mayor’s recommendations for seven (7) appointments to the Infrastructure Task Force Committee.
DocuSign Envelope ID: 6A87B641-EC51-422B-978F-4F10914064AC
1/25/2023 Regular Meeting
1/25/2023 Regular Meeting Page 8 Mtg. #2022-____, Bk#39, Page ____
Mayor Kranz requested each Council Member to nominate a Task Force member from their District.
Council Member Blackwell nominated Dianna Nunez for District 1.
Council Member Hinze nominated Kendra Rowley for District 2.
Council Member Lyndes nominated Nicole Moreland for District 3.
Council Member Ehlers nominated Linda Culp for District 4.
SPEAKERS:
Josh Sebastian, Delores Loedel, Aaron Hebshi, Chris Ryan, June Honsberger, Kristine Schindler, and Pam Redela spoke regarding this item.
Scott Maloni, applicant, registered support for this item, but chose not to speak.
Mayor Kranz nominated the following applicants: Scott Maloni and Richard Stern from District 1, and Nivardo Valenzuela from District 2.
COUNCIL ACTION:
Lyndes moved, Ehlers seconded to appoint the following applicants to the Infrastructure Task Force Committee: Linda Culp, Scott Maloni, Nicole Moreland, Dianna Nunez, Kendra Rowley, Richard Stern, and Nivardo Valenzuela. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
11. INFORMATIONAL ITEMS
There were no informational items.
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 that the NCTD rail would resume operations on February 4, 2023, and that San Diego Community Power had adopted their rates.
Council Member Hinze also spoke regarding the upcoming Rail Safety Community Enhancement Committee meeting to be held on February 7, 2023, at 11:00 a.m.
14. CITY MANAGER REPORTS
City Manager Antil provided updates on the following:
DocuSign Envelope ID: 6A87B641-EC51-422B-978F-4F10914064AC
1/25/2023 Regular Meeting
1/25/2023 Regular Meeting Page 9 Mtg. #2022-____, Bk#39, Page ____
• Encinitas Academy went live for applications at 5 p.m. today on the City’s website
• Stonesteps Emergency Closure
• Cardiff Sports Park backstops installation
15. CITY ATTORNEY REPORTS
No Attorney Report was given.
City Clerk Hollywood announced that the application deadline for the annual recruitment for Boards and Commissions is tomorrow, January 26, 2023, at 5:00 p.m.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 8:05 p.m. in honor of the victims of the recent mass shootings in Monterey Park, Oakland, and Half Moon Bay.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers
Deputy City Clerk
DocuSign Envelope ID: 6A87B641-EC51-422B-978F-4F10914064AC