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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
APRIL 26, 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, Director of Engineering Bankston, 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. Proclamation for Bike Month
Mayor Kranz presented the proclamation declaring April Bike Month to the following: KC Cox, Electra Bicycle Company, Tim Pirkey, BCycle Encinitas, Niko Sougias, Charlie’s Ebike, Judy Berlfein and Kristine Schindler, Bike Walk Encinitas, Elizabeth Bowersox, San Diego County Bicycle Coalition, Nick Buck, and Evan Jedynak from the City of Encinitas.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Ross Ridder thanked the Council for mobility improvements in Cardiff.
Trina Priest spoke regarding support for AB 1207.
Tim Bratton spoke regarding a train horn quiet zone.
Kelly McCormick spoke regarding support for smokefree multi-family housing.
Scott Campbell spoke regarding various issues in the city.
Kristine Schindler spoke regarding specific activities in Encinitas for May’s bike month.
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6. REPORT FROM CLOSED SESSION
City Attorney Preziosi reported that the City Council held a Closed Session at approximately 3:00 p.m., to consider two items, and there were no reportable actions for item 1. For item 2 there was consensus from the Council to form an ad-hoc subcommittee of Mayor Kranz and Council Member Ehlers to continue to negotiate the price and terms for Closed Session item 2.
7. CHANGES TO THE AGENDA
There were no changes to the posted agenda.
8. CONSENT CALENDAR
COUNCIL ACTION:
Ehlers moved, Lyndes seconded to close and adopt the Consent Calendar.
Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays:
None. Absent: None. Abstain: Hinze (Item 8P).
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 April 5, 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.
8D. Adoption of Ordinance No. 2023-03 adding Chapter 3.28 (Cannabis Business Tax) to Title 3 of the Encinitas Municipal Code establishing a Tax on Cannabis and Hemp Business Activities within the City. Contact Person:
Assistant Director of Finance Gallup
Environmental Considerations: The Ordinance and Resolutions are exempt from the California Environmental Quality Act, Public Resources Code sections 21000 et seq. (“CEQA”) and 14 Cal. Code Regs. section 15000 et seq. (“CEQA Guidelines”). The Ordinance and Resolution are not projects within the meaning of CEQA because they create a government DocuSign Envelope ID: EE4F8E65-B9CF-4F2E-BB46-33803347F5F4
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funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment, pursuant to CEQA Guidelines section 15378(b)(4). Further, it can be seen with certainty that this Ordinance will not have a significant effect on the environment and is therefore exempt pursuant to section 15061(b)(3).
Recommended Action: Adopt Ordinance No. 2023-03 titled “An Ordinance of the City Council of the City of Encinitas, California adding Chapter 3.28 (Cannabis Business Tax) to Title 3 of the Encinitas Municipal Code establishing a Tax on Cannabis and Hemp Business Activities within the City and amending Ordinance No. 2022-20.”
8E. Adopt Ordinance No. 2023-04 to revise Chapter 6.60 (Business Registration Certificate) of Title 6 of the Encinitas Municipal Code to Establish Procedures for Suspension and Revocation of Business Registration Certificates. Contact Person: Senior Planner Mobility Coordinator Jedynak
Environmental Considerations: The Ordinance is exempt from the California Environmental Quality Act, Public Resources Code sections 21000 et seq. (“CEQA”) and 14 Cal. Code Regs. section 15000 et seq. (“CEQA Guidelines”). The Ordinance is not a project within the meaning of CEQA because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment and that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment, pursuant to CEQA Guidelines section 15378(b)(5). Further, it can be seen with certainty that this Ordinance will not have a significant effect on the environment and is therefore exempt pursuant to section 15061(b)(3).
Recommended Action: Adopt Ordinance No. 2023-04 titled “An Ordinance of the City Council of the City of Encinitas, California to revise Chapter 6.60 (Business Registration Certificate) of Title 6 of the Encinitas Municipal Code to Establish Procedures for Suspension and Revocation of Business Registration Certificates.”
8F. Arts Commission Work Plan Outcomes for FY 2022-2023 and Proposed Work Plan for FY 2023-2024. Contact Person: Arts Administrator Murphy 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) Receive final report outcomes regarding the DocuSign Envelope ID: EE4F8E65-B9CF-4F2E-BB46-33803347F5F4
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FY 2022-23 Commission for the Arts Work Plan; and 2) Approve the proposed FY 2023-24 Commission for the Arts Work Plan.
8G. Professional Services Contract with Willdan Financial Services (“Willdan”) to perform special tax assessments for Community Facilities District No. 1 (CFD) and administrative and support services for the Cardiff and Encinitas Sanitary Divisions (CSD and ESD). Contact Person: 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: Authorize the City Manager or her designee in coordination with the City Attorney to execute a professional services contract with Willdan for a term of three years beginning with tax assessment fiscal year (FY) 2023-24 with an option to extend the agreement for two additional one-year periods for a total term of five years and a not to exceed amount of $156,250.
8H. Mobile Data Computer iPad Mounting and Installation. Contact Person:
Deputy Fire Chief Sanchez.
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) Approve the request of Capital Equipment Replacement funds held by North County Dispatch Joint Powers Authority (NCDJPA); 2) Accept the quote from Rivcomm Incorporated, for the purchase and installation of Ram Mounting Equipment for emergency vehicles; 3) Adopt City Council Resolution No. 2023-38 titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022- 23 Budget” to accept General Fund revenue of $19,509 and increase the budget appropriation in the General Fund by $19,509 for the purchase and installation of the equipment.
8I. Renewal of the Encinitas Landscape and Lighting District. Contact Person:
Senior Management Analyst Yum
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 Sections 15378(c)(3) and 15378(b)(5) of the DocuSign Envelope ID: EE4F8E65-B9CF-4F2E-BB46-33803347F5F4
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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: 1) Adopt City Council Resolution No. 2023-16 titled, “Resolution of the City Council of the City of Encinitas, California Declaring its Intention to Order the Renewal of the Encinitas Landscape and Lighting District for FY 2023-24 and Setting of a Public Hearing on May 24, 2023, Pursuant to the Provisions of Division 15, Part 2 of the Street and Highways Code of the State of California;” and 2) Set the Encinitas Landscape and Lighting District renewal public hearing for May 24, 2023. 8J. Reject bids for the Santa Fe Drive Western Phase Improvements Project (CS19E). Contact Person: Principal Engineer Widelski
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) 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 April 3, 2023, bid 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).
8K. Leucadia Streetscape Project Segment A North (CD04D) Increase of $181,735 and a New Not-to-Exceed Amount for the Granite Construction Company Contract of $7,655,410. Contact Person: Director of Engineering/City Engineer Bankston
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) Approve an increase to the not-to-exceed amount on the Leucadia Streetscape Phase 1 Construction Contract with Granite Construction Company by $181,735 from $7,473,675 to a new not- to-exceed amount of $7,655,410 to fund additional paving work and unanticipated extra work and close out the construction contract; and 2) Adopt City Council Resolution No. 2023-44 titled, “A Resolution of the City Council of the City of Encinitas amending the Fiscal Year 2022-23 Budget” to add $181,735 to fully fund the Leucadia Streetscape Segment A North (CS04D) construction contract.
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8L. Approval of plans and specifications, and authorization to advertise the Safe Routes to School Project to provide safe pedestrian crossings in the vicinity of Diegueno Middle School, Oak Crest Middle School, Capri Elementary School and Ada W. Harris Elementary School Contact Person: Associate Engineer Barr
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. New crosswalks on existing public streets meet the criteria for this exemption.
Recommended Action: 1) Approve the plans and specifications for the Safe Routes to School project; 2) Authorize the advertisement for construction bids of the Safe Routes to School project: and 3) Adopt Resolution No. 2023-43 titled “A Resolution of the City of Encinitas City Council Approving the Design and Plans for the Construction of the Safe Routes to School Project, per Government Code Section 830.6.” 8M. Approval of street list and authorization to advertise the FY 2022-23 Citywide Street Overlay and Slurry Seal Project (CS23A). Contact Person:
Senior Engineer Cabrera
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) 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; 3) 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 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;” and 4) Authorize advertisement of the FY 2022-23 Citywide Street Overlay and Slurry Seal Project (CS23A).
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8N. Authorization to Purchase Replacement Fire Apparatuses and Replacement Fleet Vehicle. Contact Person: Management Analyst Horn 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) Authorize the purchase of two Pierce Enforcer Triple Combination Pumper Fire Engines in accordance with the attached quote, for an amount not to exceed $2,405,200, which includes a 10 percent contingency, as the recommended replacement for a 2012 Pierce Pumper (VM 280) and 2013 Pierce Pumper (VM 290); 2) Authorize the purchase of one replacement vehicle (VM 338) for Fire Administration in accordance with the attached quotes, for an amount not to exceed $52,803; 3) Authorize staff to seek long-term financing for the Pierce Enforcer Triple Combination Pumper Fire Engines from Pierce Finance Solutions, on a negotiated basis, and to return to Council with the financing proposal and related documentation for approval; 4) Adopt Resolution 2023-35, titled “A Resolution of the City of Encinitas Declaring its Intent to Issue Tax-Exempt Financing to be Used to Reimburse the City of Qualified Expenditures Prior to the Issuance of Such Financing;” and 5) Adopt Resolution Number 2023- 34, titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget” approving an off-cycle appropriation to the Fiscal Year 2022-23 operating budget for the Fire Apparatus Replacement Fund (Fund 624) and Fleet Vehicle Replacement Fund (Fund 622). 8O. Rescinding of the City of Encinitas Administrative Policy No. P048 COVID- 19 PROTOCOLS. Contact Person: City Manager Antil
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: That the City of Encinitas City Council Rescind the City of Encinitas Administrative Policy No. P048 COVID-19 PROTOCOLS for the Service Employees International Union (SEIU).
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8P. Request for Deputy Mayor Joy Lyndes to Participate in the City of Oceanside’s Phase 2 Sand Nourishment and Retention Pilot Project Design Competition Review. Contact Person: City Manager Antil 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: Approve the request for Encinitas Deputy Mayor Joy Lyndes to participate as a voting juror in the City of Oceanside’s Sand Nourishment and Retention Pilot Project Design Competition Review as a voting juror.
COUNCIL ACTION:
Ehlers moved, Lyndes seconded to approve the request for Encinitas Deputy Mayor Joy Lyndes to participate as a voting juror in the City of Oceanside’s Sand Nourishment and Retention Pilot Project Design Competition Review as a voting juror. Motion Carried. Ayes:
Blackwell, Ehlers, Lyndes, and Kranz. Nays: None. Absent: None.
Abstain: Hinze
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
No items were removed from the Consent Calendar.
10. ACTION ITEMS
10A. Public Hearing to consider and approve Resolution No. 2023-39 approving the FY 2023-24 Annual Action Plan for the Community Development Block Grant (“CDBG”) Program. Contact Person: Management Analyst Schubert Environmental Considerations: The action before the City Council is to consider the approval of the FY 2023-24 Annual Action Plan 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) Adopt Resolution No. 2023-39 title “A Resolution of the City of Encinitas City Council Approving the Fiscal Year (FY) 2023-24 Community Development Block Grant (CDBG) Program Budget, FY 2023-24 Annual Action Plan and Authorizing Submission of the DocuSign Envelope ID: EE4F8E65-B9CF-4F2E-BB46-33803347F5F4
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FY 2023-24 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD);” 2) Authorize the City Manager, or designee, to transmit the FY 2023-24 Annual Action Plan and execute required certifications to the U.S. Department of Housing and Urban Development (“HUD”); and 3) Authorize the City Manager, or designee, to execute all funding agreements and documents consistent with 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 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 closed the public hearing.
COUNCIL ACTION:
Kranz moved, Ehlers seconded to: 1) Adopt Resolution No. 2023-39 titled “A Resolution of the City of Encinitas City Council Approving the Fiscal Year (FY) 2023-24 Community Development Block Grant (CDBG) Program Budget, FY 2023-24 Annual Action Plan and Authorizing Submission of the FY 2023-24 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD);” 2) Authorize the City Manager, or designee, to transmit the FY 2023-24 Annual Action Plan and execute required certifications to the U.S.
Department of Housing and Urban Development (“HUD”); and 3) Authorize the City Manager, or designee, to execute all funding agreements and documents consistent with the FY 2023-24 Annual Action Plan. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
11. INFORMATIONAL ITEMS
There were no informational items.
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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 Ehlers reported that he and Deputy Mayor Lyndes attended an Encina Wastewater meeting held today.
Council Member Hinze reported she attended a rail safety enhancement meeting held yesterday at NCTD headquarters.
Mayor Kranz reported he attended a San Elijo Joint Powers Authority Meeting on April 26, 2023.
14. CITY MANAGER REPORTS
No City Manager Report was given.
15. CITY ATTORNEY REPORTS
City Attorney Preziosi reported on a recent ruling of the 9th Circuit of Appeals regarding the City of Berkley’s electrification Ordinance preliminary ruling and potential impacts to the City.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 6:36 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers
Deputy City Clerk
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