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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
FEBRUARY 15, 2023, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Deputy Mayor Lyndes called the meeting to order at 6:00 p.m.
2. ROLL CALL
Present: Deputy Mayor Joy Lyndes, Council Members Allison Blackwell and Bruce Ehlers
Absent: Mayor Tony Kranz and Council Member Kellie Shay Hinze
Also present: Assistant City Manager Campbell, 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. Divorce with Respect Week Proclamation to be Presented to Rebecca M. Medina, Esq.
Deputy Mayor Lyndes read the Divorce with Respect Week
Proclamation.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Mark Wilcox spoke regarding marijuana businesses.
Raul Villamar spoke regarding downtown parking.
Vanessa Forsythe spoke regarding pesticide use and artificial turf.
Trina Priest and Lilly Priest spoke regarding edibles and vapes.
Jeremy Kron spoke regarding a police report filed against him.
Suzanne Hume, John Bottorff, Naeem Miller, and Yesenia Hernandez spoke regarding a ban on wood fires.
Scott Campbell spoke regarding Council Meetings.
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6. REPORT FROM CLOSED SESSION
No Closed Session was held.
7. CHANGES TO THE AGENDA
City Clerk Hollywood announced that items 10B and 12A have been continued to the February 22, 2023, City Council Meeting.
8. CONSENT CALENDAR
City Clerk Hollywood announced that Consent Calendar Item 8D was being removed from the Consent Calendar by a member of the public.
COUNCIL ACTION:
Ehlers moved, Blackwell seconded to close and adopt the Consent Calendar with the exception of Item 8D. Motion Carried. Ayes: Blackwell, Ehlers, and Lyndes. Nays: None. Absent: Hinze and Kranz.
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. 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: City Engineer Bankston
Environmental Considerations: The action considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is an emergency under Section 15269(b) of CEQA Guidelines.
This project will repair and restore a facility (North Coast Highway 101) that is necessary to maintain essential services.
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.
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8E. Renewal of the License Agreement between the City of Encinitas and the Friends of the Encinitas Library (Friends) regarding the use and utilization of space at the Encinitas Community Library. Contact Person: Sr. Analyst Lisenbee
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: Authorize the City Manager in coordination with the City Attorney, to execute the renewal of the license agreement in substantial form, between the City of Encinitas and the Friends of the Encinitas Library for the utilization of the 750 square foot storefront space at the Encinitas Community Library for an additional sixty (60) months. 8F. Agreement for the Encinitas Habitat Stewardship Program with the San Diego Botanic Garden Amendment No. 2 to add Additional Services.
Contact Person: Park Operations 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: Authorize the City Manager, in consultation with the City Attorney, to execute Amendment No. 2 in substantial form in the amount of $100,000, for additional maintenance services and extra work for a total not to exceed contract amount of $199,650 and extending the term to June 30, 2024.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8D. Fiscal Year 2022-23 Mid-Year Operating Budget Status Report and Proposed Budget Amendments. Contact Person: Finance Manager Sanderson
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.
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Recommended Action: 1) Receive and file the Fiscal Year 2022-23 Mid- Year Operating Budget Status Report; and 2) Adopt Resolution No. 2023- 13 titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Adopted Budget.”
Finance Manager Sanderson presented the staff report.
SPEAKER:
Donna Westbrook spoke.
COUNCIL ACTION:
Ehlers moved, Blackwell seconded to: 1) Receive and file the Fiscal Year 2022-23 Mid-Year Operating Budget Status Report; and 2) Adopt Resolution No. 2023-13 titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Adopted Budget.” Motion Carried. Ayes: Blackwell, Ehlers, and Lyndes. Nays: None.
Absent: Hinze and Kranz
10. ACTION ITEMS
10A. Public hearing to review and consider the introduction of City Council Ordinance No. 2023-02 amending Encinitas Municipal Code Chapter 11.08 and repealing Chapter 11.09 establishing a citywide smoking ban in all public places. CASE NUMBER: PLCY-005913-2023; LOCATION:
Citywide. Contact Person: Substantiality Manager Najera Environmental Considerations: 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. To the extent that the ordinance applies to places of employment, it regulates working conditions by ensuring that employees and volunteers are not exposed to the harmful effects of second-hand smoke and is therefore categorically exempt from CEQA pursuant to Section 15324(c) of Title 14 of the California Code of Regulations ("CEQA Guidelines"). Section 15324(c) exempts regulation of “working conditions where there will be no demonstrable physical changes outside the place of work.”
Recommended Action: Introduce City Council Ordinance No. 2023-02, titled “An Ordinance of the City Council of the City of Encinitas amending Chapter 11.08 (Smoking) of the Encinitas Municipal Code to establish a citywide ban on smoking in public places, and repealing Chapter 11.09 (Smoking Prohibited in Beaches, Parks, Trails, and Outdoor/Patio Dining Areas of Eating Establishments) of the Encinitas Municipal Code.” Climate Action Plan Administrator Najera presented the staff report.
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COUNCIL DISCLOSURES OF ANY INFORMATION RECEIVED THAT IS NOT INCLUDED IN THE AGENDA PACKET:
Council Member Blackwell reported that she had met with Mark O’Connor of the Environmental Commission.
Council Member Ehlers reported that he had received a memo regarding current smoking regulations.
Deputy Mayor Lyndes reported that she had no disclosures.
Climate Action Plan Administrator Najera responded to preliminary questions from the Council.
Deputy Mayor Lyndes opened the public hearing.
SPEAKERS:
Jim Wang, Mark Wilcox, Vanessa Forsythe, Mitch Silverstein, Nancy Perry- Sheridan, Kelly McCormick, Suzanne Hume, John Bottorff, Naeem Miller, Katie Poponyak, Noreen Lozano, Yesenia Hernandez, Peggy Walker, Janis Jones, and Jeremy Kron spoke in support of the recommended action.
Eli Stern and Sarah spoke in opposition to the recommended action.
Mark O’Connor, Nancy North, June Honsberger, and Chris Ryan registered support for the recommended action, but chose not to speak.
Deputy Mayor Lyndes closed the public hearing.
City Attorney and staff responded to questions from the Council.
COUNCIL ACTION:
Lyndes moved, Ehlers seconded to: 1) Introduce City Council Ordinance No. 2023-02, titled “An Ordinance of the City Council of the City of Encinitas amending Chapter 11.08 (Smoking) of the Encinitas Municipal Code to establish a citywide ban on smoking in public places, and repealing Chapter 11.09 (Smoking Prohibited in Beaches, Parks, Trails, and Outdoor/Patio Dining Areas of Eating Establishments) of the Encinitas Municipal Code,” amended to include the addition of the Preamble Statement as presented by staff and direction to staff to include the addition of language to clarify what constitutes a vehicle being actively driven and the prohibition against smoking in parking lots. Motion Carried. Ayes: Blackwell, Ehlers, and Lyndes. Nays: None. Absent: Hinze and Kranz.
10B. Via Molena Area Permit Parking Zone Request and Introduction of Ordinance No. 2023-01 amending Chapter 14.41, Permit Parking Zones, of the Encinitas Municipal Code. Contact Person: City Traffic Engineer Bandegan
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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(c)(3) and Section 15378(b)(5) of CEQA Guidelines. The action authorizes staff to implement an organizational or administrative activity of government that by itself will not result in a direct physical change in the environment.
Recommended Action: 1) Reject the Permit Parking Zone Request for Via Tavira, Via Sarasan, Via Palacio and Via Villena; and 2) Introduce Ordinance 2023-01, titled, “An Ordinance of the City Council of the City of Encinitas, California, Adopting Amendments to Section 14.41, Permit Parking Zones, of the Encinitas Municipal Code.”
City Clerk Hollywood announced that Item 10B was being continued to the February 22, 2023, Council Meeting.
10C. Intersection Control Modifications at the intersection of Eolus Avenue, Andrew Avenue and Hillcrest Drive. Contact Person: Traffic Engineer Bandegan
Environmental Considerations: The proposed action 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: 1) Remove parking immediately west of the neighborhood circle at Eolus Avenue, Andrew Avenue and Hillcrest Drive and adjust the size and center of the circle approximately two feet west using the current traffic control devices; 2) Monitor the operation and effectiveness of the shifted neighborhood circle for 3 to 6 months; and 3) If the new alignment is found effective, implement a project to improve aesthetics at the circle. Design of the aesthetic improvements will be presented to the City Council for approval and funding.
Traffic Engineer Bandegan presented the staff report and responded to questions from the Council.
SPEAKERS:
Scott Campbell and John Dixon spoke in opposition to the recommended action.
June Honsberger, Dianna Nunez, and Chris Ryan spoke in support of the recommended action.
COUNCIL ACTION:
Blackwell moved, Ehlers seconded to: 1) Remove parking immediately west of the neighborhood circle at Eolus Avenue, Andrew Avenue and Hillcrest Drive and adjust the size and center of the circle DocuSign Envelope ID: CD0BF26D-428E-49E2-BC58-D866A92FBC15
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approximately two feet west using the current traffic control devices; 2) Monitor the operation and effectiveness of the shifted neighborhood circle for 3 to 6 months; and 3) If the new alignment is found effective, implement a project to improve aesthetics at the circle. Design of the aesthetic improvements will be presented to the City Council for approval and funding. Motion Carried. Ayes:
Blackwell, Ehlers, and Lyndes. Nays: None. Absent: Hinze and Kranz 10D. Safety and Mobility Improvements Study in the Vicinity of Housing Element Sites. Contact Person: Traffic Engineer Bandegan
Environmental Considerations: The action being considered by City Council is exempt from the California Environmental Quality Act (CEQA) because the study is not a “project” per Section 15378(b)(5) of the CEQA Guidelines.
Recommended Action: 1) Approve staff recommendation for study’s scope of work; and 2) Adopt City Council Resolution No. 2023-14, titled, “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget” to appropriate $150,000 to the work project (WC23B).
Traffic Engineer Bandegan presented the staff report and responded to questions from the Council.
SPEAKERS:
June Honsberger, Ari Novy, Dennis Kaden, Chris Ryan, and Dianna Nunez spoke in support of the recommended action.
COUNCIL ACTION:
Ehlers moved, Lyndes seconded to: 1) Approve staff recommendation for study’s scope of work; 2) Adopt City Council Resolution No. 2023- 14, titled, “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget” to appropriate $150,000 to the work project (WC23B); and 3) Staff to provide preliminary prioritization of projects with the City Council making the final project prioritization determination before the preparation of the 30% designs.
Motion Carried. Ayes: Blackwell, Ehlers, and Lyndes. Nays: None.
Absent: Hinze and Kranz.
11. INFORMATIONAL ITEMS
There were no informational items.
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12. COUNCIL MEMBER INITIATED AGENDA ITEM
12A. Creation of an Ad Hoc Committee to Analyze the City’s Obligations under the No Net Loss law (GC § 65863). Contact Person: Mayor Tony Kranz Recommended Action: Form an Ad Hoc committee to Analyze the City’s Obligations under the No Net Loss law.
City Clerk Hollywood announced that Agenda Item 12A was being continued to the February 23, 2023, Council Meeting.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Council Member Ehlers reported on the League of California Cities New Mayors and Council Members Conference; an Encina Wastewater meeting on February 7, 2023; and a Native plant subcommittee meeting with Deputy Mayor Lyndes on February 2, 2023.
14. CITY MANAGER REPORTS
No City Manager Report was given.
15. CITY ATTORNEY REPORTS
No Attorney Report was given.
16. ADJOURNMENT
Deputy Mayor Lyndes adjourned the meeting at 9:09 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers
Deputy City Clerk
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