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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
FEBRUARY 8, 2023, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Kranz called the meeting to order at 6:12 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
Mayor Kranz acknowledged the importance of Black History Month and read a passage from former President Obama.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Raul Villamar spoke regarding downtown parking.
Jeryl Anne Kessler spoke regarding the Staver project on Melba Road.
Terri Skelly spoke regarding a ban on flavored tobacco products.
Barbara Gordon spoke in support of a ban on smoking in public places.
Wendy Schelew, Bonnie Bobzien, and Sandra Anderson spoke regarding a request for permit parking in their neighborhood.
Kristine Schindler spoke regarding various mobility topics in the City.
Scott Campbell spoke regarding various issues in the City.
Dennis Kaden spoke regarding repaving on Leucadia Boulevard.
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Donna Westbrook spoke regarding the City’s website.
6. REPORT FROM CLOSED SESSION
City Attorney Preziosi reported that the City Council held a Closed Session at 4:30 p.m., to consider two items, and there were no reportable actions.
7. CHANGES TO THE AGENDA
There were no changes to the posted agenda.
8. CONSENT CALENDAR
City Clerk Hollywood announced minor changes to the January 25, 2023, Regular Minutes (Page 13 of 16), and that Consent Calendar Items 8A, 8D, 8E, 8F and 8G were being removed from the Consent Calendar by members of the public.
COUNCIL ACTION:
Hinze moved, Ehlers seconded to close and adopt the Consent Calendar with the exception of Items 8A, 8D, 8E, 8F, and 8G. Motion Carried. Ayes:
Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None. 8B. Approval of the Minutes of the January 18, 2023, Regular Meeting; January 25, 2023, Special-Closed Session Meeting; and January 25, 2023, 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.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
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.
SPEAKER:
Donna Westbrook spoke.
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COUNCIL ACTION:
Kranz moved, Ehlers seconded to approve waiving the full reading of the text of all ordinances and resolutions introduced/adopted at this meeting. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
8D. Grant application for the FY23 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program for Leucadia Streetscape.
Contact Person: Principal Engineer Widelski
Environmental Considerations: The action being considered by the City Council is not subject to the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of the CEQA Guidelines. The action authorizes staff to implement an organizational or administrative activity of government that by itself will not result in a direct or indirect physical change in the environment.
Recommended Action: Authorize the City Manager, or designee, to apply for, accept and administer funding from the FY23 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program for Leucadia Streetscape.
Principal Engineer Widelski presented the staff report.
SPEAKER:
Donna Westbrook spoke.
COUNCIL ACTION:
Lyndes moved, Hinze seconded to authorize the City Manager, or designee, to apply for, accept and administer funding from the FY23 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program for Leucadia Streetscape. Motion Carried.
Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None.
Absent: None.
8E. Memorandum of Understanding (MOU) between the San Diego Association of Governments (SANDAG) and the City of Encinitas for the preliminary planning activities for a regional beach sand project (RBSPIII) feasibility study and economic analysis. Contact Person: Coastal Zone Program Administrator Mierau
Environmental Considerations: The current action considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because the MOU 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: Adopt Resolution No. 2023-11 titled, “A Resolution of the City Council of the City of Encinitas, Authorizing the City Manager, or Designee, to Execute the Memorandum of Understanding (MOU) Between the San Diego Association of Governments (SANDAG) and the City, with Language Acceptable to the City, for a Regional Beach Sand Project (RBSPIII) Feasibility Study and Economic Analysis, and Allocate the Necessary Appropriation Funds Held Within the City’s Existing Account Held by SANDAG to Pay for the City’s Share of Said Study.” Coastal Zone Program Administrator Mireau presented the staff report and responded to questions from the Council.
SPEAKER:
Donna Westbrook spoke.
COUNCIL ACTION:
Kranz moved, Lyndes seconded to adopt Resolution No. 2023-11 titled, “A Resolution of the City Council of the City of Encinitas, Authorizing the City Manager, or Designee, to Execute the Memorandum of Understanding (MOU) Between the San Diego Association of Governments (SANDAG) and the City, with Language Acceptable to the City, for a Regional Beach Sand Project (RBSPIII) Feasibility Study and Economic Analysis, and Allocate the Necessary Appropriation Funds Held Within the City’s Existing Account Held by SANDAG to Pay for the City’s Share of Said Study.” Motion Carried.
Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None.
Absent: None.
8F. Agreement Amendments for Engineering As-Needed Professional Services. Contact Person: Engineer I Stryker
Environmental Considerations: The actions being considered by the City Council are not subject to the California Environmental Quality Act (CEQA) because agreement amendments are not “projects” per Section 15378(b)(5) of the CEQA Guidelines. These actions authorize staff to implement an organizational or administrative activity of government that by itself will not result in a direct or indirect physical change in the environment.
Recommended Action: 1) Authorize the City Manager in substantial form or her designee, in coordination with the City Attorney, to execute amendments, to the As-needed Engineering Services agreements with Dokken Engineering, Kimley-Horn, Rick Engineering, Michael Baker International, and NV5, to add $250,000 of capacity to each agreement, for new not to-exceed amount of $500,000 for each contract; 2) Authorize the City Manager in substantial form or her designee, in coordination with the City Attorney, to execute an amendment, to the As-needed Engineering Services agreement with STC Traffic to add $250,000 of capacity to the agreement, for new not-to-exceed amount of $700,000; and 3) Authorize DocuSign Envelope ID: CD0BF26D-428E-49E2-BC58-D866A92FBC15
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the City Manager in substantial form, or her designee, in coordination with the City Attorney, to execute an amendment, to the As-needed Project Management and Engineering Services agreement with Villa Civil to add $250,000 of capacity to the agreement, for new not-to-exceed amount of $500,000.
Engineer I Stryker presented the staff report and responded to questions from the Council.
SPEAKER:
Donna Westbrook spoke.
COUNCIL ACTION:
Ehlers moved, Blackwell seconded to: 1) Authorize the City Manager in substantial form or her designee, in coordination with the City Attorney, to execute amendments, to the As-needed Engineering Services agreements with Dokken Engineering, Kimley-Horn, Rick Engineering, Michael Baker International, and NV5, to add $250,000 of capacity to each agreement, for new not to-exceed amount of $500,000 for each contract; 2) Authorize the City Manager in substantial form or her designee, in coordination with the City Attorney, to execute an amendment, to the As-needed Engineering Services agreement with STC Traffic to add $250,000 of capacity to the agreement, for new not- to exceed amount of $700,000; and 3) Authorize the City Manager in substantial form, or her designee, in coordination with the City Attorney, to execute an amendment, to the As-needed Project Management and Engineering Services agreement with Villa Civil to add $250,000 of capacity to the agreement, for new not-to-exceed amount of $500,000. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
8G. Emergency Declaration for the remediation and repair of the failed 48-inch corrugated metal storm pipe on the west side of Lake Drive just north of Wales Drive. Contact Person: Engineer I Stryker
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: Approve the Emergency Declaration for remediation and repairs of the failed 48-inch corrugated metal storm pipe on the west side of Lake Drive just north of Wales Drive.
Engineer I Stryker presented the staff report and responded to questions from the Council.
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SPEAKER:
Donna Westbrook spoke.
COUNCIL ACTION:
Kranz moved, Hinze seconded to approve the Emergency Declaration for remediation and repairs of the failed 48-inch corrugated metal storm pipe on the west side of Lake Drive just north of Wales Drive.
Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes.
Nays: None. Absent: None.
10. ACTION ITEMS
10A. Public Hearing to review and consider the introduction of City Council Ordinance No. 2023-03 amending Encinitas Municipal Code Chapter 11.08 and 11.09 and establishing a citywide smoking ban in all public places.
Contact Person: Sustainability Manager Najera
Environmental Consideration: The action being considered by the City Council is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to Section 15308 of the CEQA Guidelines because it is an activity undertaken "to assure the maintenance, restoration, enhancement and protection of the environment" and pursuant to Section 15061(b)(3) because there is no possibility that the activity in question may have a significant effect on the environment.
Recommended Action: Introduce City Council Ordinance No. 2022-12, titled “An ordinance of the City Council of the City of Encinitas establishing a citywide smoking ban in public places, regulating electronic cigarettes in the same manner as other smoking devices, and amending chapters 11.08 and 11.09 of the Encinitas Municipal Code.”
Mayor Kranz announced that this item had been removed from the agenda and will be brought back to the February 15, 2023, City Council Meeting. 10B. Council to hear from applicants for the Commission for the Arts, Environmental Commission, Parks and Recreation Commission, Planning Commission, Senior Citizen Commission, and Mobility & Traffic Safety Commission. 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. This item does not relate to the Climate Action Plan.
Recommended Action: 1) Hear the applicants present qualifications and interest in serving on a City Commission; 2) Discuss as needed; 3) City DocuSign Envelope ID: CD0BF26D-428E-49E2-BC58-D866A92FBC15
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Council to make appointments to the Planning Commission; and 4) Mayor to make recommendations on appointments or defer recommendations for appointments to the February 22, 2023, City Council meeting.
PUBLIC SPEAKER:
June Honsberger spoke in support of the appointment of the following candidates: Chris Ryan (Planning Commission – Leucadia), James Gross (Mobility and Traffic Safety Commission - Leucadia), and David Thile (Mobility and Traffic Safety Commission - New Encinitas).
PLANNING COMMISSION:
Applicants Chris Ryan, Robert Prendergast, Susan Sherod, and Michael Quinn briefly presented their qualifications and interest in serving on the commission.
Applicant Bree Wong withdrew her application.
COUNCIL ACTION:
Ehlers moved, Hinze seconded to appoint the following to the Planning Commission: Chris Ryan - Leucadia Representative, Robert Prendergast - Olivenhain Representative, and Susan Sherod - New Encinitas Representative with terms ending March 2026. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays:
None. Absent: None.
PARKS AND RECREATION COMMISSION:
Applicants Jeryl Anne Kessler, Robert Lando, Keith Meldahl, Julie Van der Auwera briefly presented their qualifications and interest in serving on the commission.
Applicant Dan O’Halloran was unable to attend the meeting.
COUNCIL ACTION:
Kranz moved, Hinze seconded to appoint Keith Meldahl, Dan O’Halloran, Michael Quinn, and Julie Van der Auwera to the Parks and Recreation Commission with terms ending March 2026. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays:
None. Absent: None.
SENIOR CITIZEN COMMISSION:
Applicants Jesse Hanwit, Karen Koblentz, and Lambert Ling briefly presented their qualifications and interest in being reappointed to the commission.
Applicant Maureen Martin was unable to attend.
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COUNCIL ACTION:
Kranz moved, Ehlers seconded to appoint Jesse Hanwit, Karen Koblentz, Lambert Ling, and Maureen Martin to the Senior Citizen Commission with terms ending March 2026. Motion Carried. Ayes:
Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent:
None.
ARTS COMMISSION:
Applicants James Hebert, Niyati Kadakia, and Jennifer Marakovits briefly presented their qualifications and interest in serving on the commission.
Applicant Vicki Campbell was unable to attend.
Applicant Nivardo Valenzuela withdrew his application.
Applicant Julie Van der Auwera was appointed to the Parks and Recreation Commission.
COUNCIL ACTION:
Kranz moved, Hinze seconded to appoint Vicki Campbell, James Hebert, Niyati Kadakia, and Jennifer Marakovits to the Arts Commission with terms ending March 2026. Motion Carried. Ayes:
Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent:
None.
ENVIRONMENTAL COMMISSION:
Ari Novy, Carol Parker, and Destiny Preston briefly presented their qualifications and interest in serving on the commission.
Applicant Michael Quinn was appointed to the Parks and Recreation Commission.
COUNCIL ACTION:
Kranz moved, Ehlers seconded to appoint Ari Novy and Carol Parker to the Environmental Commission with terms ending March 2026.
Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes.
Nays: None. Absent: None.
MOBILITY AND TRAFFIC SAFETY COMMISSION:
Applicants Scott Campbell, James Gross, David Thile, and Glen Johnson briefly presented their qualifications and interest in serving on the commission.
Applicant Aaron Hebshi withdrew his application but indicated support for James Gross.
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COUNCIL ACTION:
Kranz moved, Hinze seconded to appoint the following to the Mobility and Traffic Safety Commission: James Gross – Leucadia
Representative, David Thile – New Encinitas Representative, and Glen Johnson – Old Encinitas Representative with terms ending March 2026. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
The Mayor called the meeting into a recess at 8:24 p.m., and reconvened the meeting at 8:37 p.m.
10C. 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 Mobility Planner 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 stated that this agenda item is a continued public hearing that was opened on the January 25, 2023, City Council Meeting.
Senior Mobility Planner Jedynak and Roberto Ruiz-Salas from CR Associates presented the staff report and responded to questions from the Council.
SPEAKERS:
Lisa Shaffer, Jim Wang, Christine Schindler, Brian Blair, Michael von Neumann, Scott Campbell, Aaron Hebshi, Ari Novy, Judy Berlfein, June Honsberger, and Chris Ryan spoke in support of the recommended action.
Donna Westbrook spoke in opposition to the recommended action.
Mayor Kranz closed the public hearing.
COUNCIL ACTION:
Hinze moved, Kranz seconded to: 1) Adopt Resolution No. 2023-04, titled, “A Resolution of the City Council of the City of Encinitas Approving the Modal Alternatives Project (MAP Encinitas), and 2) DocuSign Envelope ID: CD0BF26D-428E-49E2-BC58-D866A92FBC15
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Direct the City Manager and Staff to develop timeline to incorporate any changes to the plan based on community input within one year.
Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes.
Nays: None. Absent: None.
10D. Approval of Downtown Parking Enhancements. Contact Person: Traffic Engineer Bandegan
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.
Recommended Action: Approve the restriping proposal for downtown Encinitas to improve parking capacity.
Traffic Engineer Bandegan presented the staff report and responded to questions from the Council.
SPEAKERS:
Michael von Neumann, Aaron Hebshi, Donna Westbrook, Kristine Schindler, Jim Wang, and James Gross spoke in opposition to the recommended action.
Scott Campbell spoke in support of the recommended action.
COUNCIL ACTION:
There was Council consensus to table and defer the discussion on this item until the draft 0rdinance for outdoor dining was brought back to the City Council for consideration.
10E. Review and possible action regarding City Council Policy C003 – Policies and Protocols for City Council Meetings and review of Brown Act requirements. 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: City Council review and possible direction to staff regarding City Council Policy C003 – Policies and Protocols for City Council Meetings and review of Brown Act requirements.
City Clerk Hollywood presented the staff report.
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SPEAKERS:
CJ Minster, Donna Westbrook, Dolores Welty, Karen Kaden, Dennis Kaden, Susan Turney, and Kevin Doyle spoke in support of time donations.
Rachelle Collier and Kathleen Lindeman registered support for the restoration of time donations but chose not to speak.
COUNCIL ACTION:
Lyndes moved, Ehlers seconded to reinstate the time donation policy as outlined in Council Policy C003. Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: Hinze. Absent: None.
Council Member Ehlers requested the following changes to Council Policy C003:
A. Council Member’s Rules of Procedure
2. Consent Calendar: Those matters which are considered routine by the City Manager shall be initially placed on the consent calendar.
Before adopting the consent calendar, the Chair will ask members of the public and members of the City Council whether anyone wishes to add an agenda item to the consent calendar or to move a matter from the consent calendar to the regular agenda. Council will then proceed with consideration of the remaining Consent Calendar. The consent calendar will be enacted upon with one motion, and the ordinances being read by title will be waived. There will be no separate discussion of these matters. Items pulled from the consent calendar will be considered immediately following adoption of the remaining consent calendar, and staff reports will only be given if requested by the person who pulled the item.
4. Rules of Debate: Debate upon all matters pending before the City Council shall be under the direct supervision of the Chair and conducted in such a manner as to expedite the business of the City Council, subject to the procedural rules of the City Council and the use of Robert’s Rules of Order as a guide.
H. General Meeting Rules
5. In the interest of saving time, Council request that the audience refrain from clapping for speakers.
COUNCIL ACTION:
Lyndes moved, Ehlers seconded to approve Council Policy C003 as amended. Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: Hinze. Absent: None.
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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
There were no City Council reports.
14. CITY MANAGER REPORTS
No City Manager Report was given.
15. CITY ATTORNEY REPORTS
No Attorney Report was given.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 11:28 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers
Deputy City Clerk
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