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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
MARCH 15, 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 Allison Blackwell, Bruce Ehlers, and Kellie Shay Hinze
Absent: None
Also present: City Manager Antil, City Attorney Preziosi, Development Services Director Sapa’u, Sustainability Manager Najera, 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. Public Works APWA Re-Accreditation Presentation
Public Works Director Mabry provided an overview of the accreditation process and thanked city staff for their efforts.
4B. Women’s History Month Presentation
• Council Member Blackwell recognized Katy Sonderegger
• Council Member Ehlers recognized Gioia Messinger
• Council Member Hinze recognized Joy Ruppert
• Sydney Hammerness Deputy Mayor Lyndes recognized Sydney Hammerness
• Mayor Kranz recognized Tiana Hejduk
Mayor Kranz introduced new Encinitas Sheriff’s Captain Lawrence.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Jeryl Anne Kessler spoke regarding the Staver housing project on Melba Road.
Trina Priest spoke regarding marijuana store fronts.
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Suzanne Hume and Yesenia Hernandez spoke regarding a ban on pesticides and wood smoke.
John Bottorff and Vanessa Forsythe spoke regarding a ban on synthetic turf.
6. REPORT FROM CLOSED SESSION
No Closed Session was held.
7. CHANGES TO THE AGENDA
City Clerk Hollywood stated that Item 8E was being removed from the Consent Calendar by a member of the public.
Council Member Ehlers removed Item 8D from the Consent Calendar.
8. CONSENT CALENDAR
COUNCIL ACTION:
Lyndes moved, Hinze seconded to close and adopt the amended Consent Calendar with the exception of Items 8D and 8E. 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. An amendment to the existing Civic Solutions, Inc. for discretionary planning services contract agreement of $441,970 to reallocate and add an additional $8,600 of SANDAG Housing Acceleration Grant Program Funds (“HAP”) for a not-to-exceed amount of $450,570 and amend the scope of services.
Contact Person: Senior Planner Dacey
Environmental Considerations: The item being considered by the City Council is exempt from California Environmental Quality Act (CEQA) because it is not a “project” under CEQA Guidelines Section 15378(b)(5).
The item 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: Authorize the City Manager to amend the current contract agreement with Civic Solutions, Inc. in substantial form, in consultation with the City Attorney, to reallocate and add an additional $8,600 from a HAP grant activity to the contract for discretionary planning support, and housing production assistance for a total not-to-exceed contract amount of $450,570.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8D. Annual Progress Report on the implementation of the General Plan.
Contact Person: Housing Management Analyst Schubert and Associate Planner Cvetko
Environmental Considerations: The General Plan Annual Progress Report is a reporting document and does not create or alter policy. The content is provided for informational purposes only and is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines 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. This informational item provides a means to monitor the implementation of the General Plan during the 12-month reporting period.
Recommended Action: Approve the General Plan Annual Progress Report, including implementation thereof.
Staff responded to questions from Council Member Ehlers.
COUNCIL ACTION:
Ehlers moved, Kranz seconded to approve the General Plan Annual Progress Report, including implementation thereof. Motion Carried.
Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None.
Absent: None.
8E. Approval of Plans for Carlsbad’s Restriping Work of Portions of La Costa Avenue East of Interstate 5 and Olivenhain Road East of Los Pinos Circle.
Contact Person: 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) Approve the Carlsbad plans for restriping La Costa Avenue East of Interstate 5 and for restriping Olivenhain Road East of Los Pinos Circle; and 2) Adopt Resolution No. 2023-20, titled, “A DocuSign Envelope ID: 94BD83F5-45DF-4816-A208-038587EB3887
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Resolution of the City Council of the City of Encinitas Approving the Carlsbad Design and Plans for Restriping of La Costa Avenue East of Interstate 5 and for Restriping Olivenhain Road East of Los Pinos Circle, pursuant to Government Code Section 830.6.”
SPEAKERS:
Michael von Neumann spoke in support of the recommended action.
City Engineer Bankston stated that staff had just received notice that the City of Carlsbad had issued an addendum to the plans.
The City Attorney recommended that this item be removed from the agenda with no action taken.
COUNCIL ACTION:
There was City Council consensus to remove this item from the agenda.
10. ACTION ITEMS
10A. Public Hearing to consider funding requests for the FY 2023-24 Community Development Block Grant (“CDBG”) Program. Contact Person:
Management Analyst Schubert
Environmental Considerations: The action before the City Council is to consider funding for eligible projects under the federal CDBG program which is exempt from environmental review pursuant to Section 15060 (c) (2) and (c) (3) of the California Environmental Quality Act (“CEQA”) Guidelines in that the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; and the activity is not a project as defined in Section 15378 of the CEQA Guidelines. An environmental review must be completed for each of the approved projects.
Recommended Action: 1) Authorize funding for activities delineated in Attachment 1 and in the Analysis Section of the Agenda Report, for incorporation into the draft FY 2023-24 Annual Action Plan; and 2) Continue the Public Hearing to April 26, 2023, to gather public input prior to Council’s consideration of the FY 2023-24 Annual Action Plan.
Management Analyst Schubert presented the staff report.
COUNCIL DISCLOSURES OF ANY INFORMATION RECEIVED THAT IS NOT INCLUDED IN THE AGENDA PACKET:
Council Member Blackwell had no disclosures.
Council Member Ehlers disclosed that he asked staff additional preliminary questions.
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Council Member Hinze had no disclosures.
Deputy Mayor Lyndes disclosed that the Council received an email from John Van Cleef, Community Resource Center.
Mayor Kranz had no disclosures.
Management Analyst Schubert responded to preliminary questions from the Council.
Mayor Kranz opened the public hearing.
SPEAKERS:
John Van Cleef, Danielle Tailheart, Vanessa Forsythe, and Suzanne Hume spoke in support of the recommended action.
Elena Thompson spoke in opposition to the recommended action.
Mayor Kranz closed the public hearing.
COUNCIL ACTION:
Kranz moved, Lyndes seconded to: 1) Authorize funding for activities delineated in Attachment 1 and in the Analysis Section of the Agenda Report, for incorporation into the draft FY 2023-24 Annual Action Plan with direction to staff to fully fund all service provider requests with a subsidy from the General Fund and 2) Continue the Public Hearing to April 26, 2023, to gather public input prior to Council’s consideration of the FY 2023-24 Annual Action Plan. Motion Carried. Ayes:
Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent:
None.
10B. Public Hearing to Consider an Amendment to the TransNet Local Street Improvement Program of Projects to reduce future TransNet programming for FY23-27 in the amount of $120,400. Contact Person: Senior Management Analyst Yum
Environmental Considerations: The actions being considered by the City Council are not subject to the California Environmental Quality Act (CEQA) because it is not a “project” 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) Conduct a Public Hearing related to the proposed changes to the City’s TransNet projects; and 2) Adopt City Council Resolution No. 2023-23 titled, “A Resolution of the City of Encinitas City Council Adopting an Amendment to the TransNet Local Street Improvement Program of Projects for Fiscal Years 2022-23 through 2026-
27.”
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Management Analyst Yum presented the staff report.
COUNCIL DISCLOSURES OF ANY INFORMATION RECIVED THAT IS
NOT INCLUDED IN THE AGENDA PACKET:
Council Member Blackwell had no disclosures.
Council Member Ehlers had no disclosures.
Council Member Hinze had no disclosures.
Deputy Mayor Lyndes had no disclosures.
Mayor Kranz had no disclosures.
Mayor Kranz opened the public hearing.
Mayor Kranz stated there were no public speakers and closed the public hearing.
COUNCIL ACTION:
Hinze moved, Ehlers seconded to: 1) Conduct a Public Hearing related to the proposed changes to the City’s TransNet projects; and 2) Adopt City Council Resolution No. 2023-23 titled, “A Resolution of the City of Encinitas City Council Adopting an Amendment to the Transnet Local Street Improvement Program of Projects for Fiscal Year 2022-23 through 2026-27.” Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
10C. Reintroduction 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 Sustainability 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 DocuSign Envelope ID: 94BD83F5-45DF-4816-A208-038587EB3887
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“working conditions where there will be no demonstrable physical changes outside the place of work.”
Recommended Action: Reintroduce 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.” Sustainability Manager Najera presented the staff report.
COUNCIL DISCLOSURES OF ANY INFORMATION RECEIVED THAT IS NOT INCLUDED IN THE AGENDA PACKET:
Council Member Blackwell had no disclosures.
Council Member Ehlers had no disclosures.
Council Member Hinze disclosed she had preliminary conversations with members of the public.
Deputy Mayor Lyndes had no disclosures.
Mayor Kranz had no disclosures.
Mayor Kranz opened the public hearing.
SPEAKERS:
Trina Priest, Suzanne Hume, John Bottorff, Yesenia Hernandez, Anthony Diaz, Peggy Walker, Vanessa Forsythe, and Katie Poponyak spoke in support of the recommended action.
Mayor Kranz closed the public hearing.
COUNCIL ACTION:
Lyndes moved, Ehlers seconded to Reintroduce 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.” Motion Carried.
Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None.
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 items.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Council Member Hinze reported on an upcoming North County Transit District Rail Safety Community Enhancement meeting to be held on Monday, March 20, 2023.
Mayor Kranz reported on his attendance at a San Elijo Joint Powers Authority meeting on Monday, March 7, 2023, and his ride along with Meals on Wheels on March 7, 2023.
14. CITY MANAGER REPORTS
City Manager Antil reported on the following:
• Stonesteps beach access repair
• Lake Drive Sinkhole repairs
15. CITY ATTORNEY REPORTS
No Attorney Report was given.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 8:21 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers
Deputy City Clerk
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