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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
FEBRUARY 22, 2023, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Kranz called the meeting to order at 6:04 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, 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 or proclamations.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Raul Villamar spoke regarding downtown parking.
Stephen Lord spoke regarding transportation and housing.
Jeryl Anne Kessler spoke regarding the Staver Project on Melba Road.
Mark Miville spoke regarding various issues in the city.
6. REPORT FROM CLOSED SESSION
City Attorney Preziosi reported that the City Council held a Closed Session at 5:00 p.m., to consider one item, and there was no reportable action.
7. CHANGES TO THE AGENDA
There were no changes to the posted agenda.
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8. CONSENT CALENDAR
City Clerk Hollywood announced that 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, 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 February 8, 2023, Special Closed Session 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.
8E. Emergency Declaration for the repair of an 84-inch corrugated metal storm water pipe and sinkhole on Garden View Road at El Camino Real. 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 declaration of an emergency for performing repairs is not a “project” under Section 15378(b)(5). The action results in repair of existing infrastructure that will not result in the direct or indirect physical change in the environment.
Recommended Action: 1) Approve the Emergency Declaration for the repair of an 84-inch corrugated metal storm water pipe and sinkhole on Garden View Road at El Camino Real; and 2) Adopt City Council Resolution No. 2023-18, titled, “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget” to appropriate $350,000 to Project No. CD05E, Storm Drain Repair.
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9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8D. Termination of the Proclamation of the Existence of a Local Emergency in the City of Encinitas due to COVID-19. Contact Person: Assistant City Manager Campbell
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 City Council Resolution No. 2023-19 titled, “A Resolution of the City of Encinitas City Council Terminating the Proclamation of the Existence of a Local Emergency in the City of Encinitas due to COVID-19.”
SPEAKER:
Scott Campbell spoke in support of the recommended action.
Development Services Director Sapa’u responded to questions from the Council regarding AB 61 and the outdoor dining policy.
COUNCIL ACTION:
Ehlers moved, Hinze seconded to adopt City Council Resolution No. 2023-19 titled, “A Resolution of the City of Encinitas City Council Terminating the Proclamation of the Existence of a Local Emergency in the City of Encinitas due to COVID-19.” Motion Carried. Ayes:
Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent:
None.
10. ACTION ITEMS
10A. 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
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 DocuSign Envelope ID: CD0BF26D-428E-49E2-BC58-D866A92FBC15
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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.”
Traffic Engineer Bandegan presented the staff report and responded to preliminary questions from the Council.
SPEAKERS:
Sandra Anderson, Bonnie Bobzien, Wendy Schelew, Anthony Webster, Tony Joulapour, Carla Hoffman, Sharon Neary, Mark Hawkins, Cyndi Duran, Ohad Tzur, and Scott Pogue spoke in opposition to the recommended action and in support of a permit parking zone.
The Mayor called the meeting into recess at 7:32 p.m., and reconvened the meeting at 7:41 p.m.
Staff responded to additional questions from the Council.
COUNCIL ACTION:
Ehlers moved, Lyndes seconded to: 1) Approve a Permit Parking Zone between the hours of 10 p.m. and 8 a.m., for Via Tavira, Via Sarasan, Via Palacio, Via Villena, and the portion of Via Molena from Via Cantebria to past Via Tavira to the border of the commercial center and including the Resort Apartments; and 2) Direct staff to review the parking zone in one year and report back to the City Council. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays:
None. Absent: None.
COUNCIL ACTION:
There was consensus from the City Council to direct staff to refer draft Ordinance 2023-01 to the Planning Commission and the Mobility and Traffic Safety Commission for review and recommendations.
11. INFORMATIONAL ITEMS
11A. Status Update on Cannabis Retail Businesses. Contact Person: Senior Planner Mobility Coordinator Jedynak
Recommended Action: Receive the Oral Report.
Senior Mobility Coordinator Jedynak presented the oral report and responded to questions from the Council.
SPEAKERS:
David Williamson, Mark Wilcox, Peggy Walker, and Kelly McCormick spoke regarding this item.
11B. Climate Action Plan – 2021 Annual Report. Contact Person: Sustainability Manager Najera
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Recommended Action: Receive the Oral Report.
Sustainability Manager Najera presented an overview of the Climate Action Plan Annual Report and responded to questions from the Council.
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.
Mayor Kranz presented the Council Member Initiated Item and responded to questions from the Council.
COUNCIL ACTION:
There was consensus from the City Council to direct the City Manager to schedule a City Council workshop regarding No Net Loss.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Council Member Ehlers reported on attending an Encina Wastewater Authority Meeting held earlier today.
Mayor Kranz reported on attending a San Elijo Joint Powers Authority Meeting on February 21, 2023.
14. CITY MANAGER REPORTS
City Manager Antil reported that the backstops had been installed at Lake Sports Park.
15. CITY ATTORNEY REPORTS
No Attorney Report was given.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 10:04 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers
Deputy City Clerk
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