6/14/2023 Regular Meeting Page 1 Mtg. #2023-____, Bk#39, Page ____
MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
JUNE 14, 2023, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Kranz called the meeting to order at 6:02 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, Assistant City Manager Campbell, Development Services Director Sapa’u, 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. Presentation of the Environmental Award Program Winners by the Environmental Commission Subcommittee
Mayor Kranz presented the Environmental Award Program Winners to the following groups: Rob Machado Foundation (Non-profit Organization), Java Hut, and Surf Dog Records (For-profit Business). Environmental Commissioners Mark O’Connor and Carol Parker presented the Youth Environmental Hero award to Bella Zumot and Alessandro Fraschetti for the Adult Environmental Hero Award.
4B. San Dieguito High School Academy Science Presentation on Ocean Acidification
San Dieguito Academy Science Teacher Ashlynn Hall, and students Miles Dorum and Noah Racicot provided a presentation regarding Ocean Acidification Affecting Oysters.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Susan Turney spoke regarding public records requests.
Ellen Burr spoke regarding various topics.
Kathleen Lindeman spoke regarding book recommendations.
DocuSign Envelope ID: 92590EDF-3E09-4DC8-9B22-2837E54F835F
6/14/2023 Regular Meeting
6/14/2023 Regular Meeting Page 2 Mtg. #2023-____, Bk#39, Page __
Allan Bergman spoke.
Brenna Fleener and Kyle Ohlson spoke regarding the Neptune Days Ocean Festival.
Katie Poponyak spoke in support of AB 1207.
Suzanne Hume spoke in support of banning wood burning fires.
Scott Campbell spoke regarding various topics.
Jeryl Anne Kessler spoke regarding the Staver project on Melba Road.
John Bottorff spoke in support of banning smoking in multi-family units.
Lorri Greene spoke regarding ADA parking and accessibility.
6. REPORT FROM CLOSED SESSION
City Attorney Preziosi reported that the City Council held a Closed Session at approximately 5:00 p.m., to consider one item, (City Attorney Performance Evaluation) and there was no reportable action.
7. CHANGES TO THE AGENDA
City Clerk Hollywood announced that Consent Calendar Item 8G, had a minor edit to the Resolution on page 4 changing the number of inspections from 107 to 108.
8. CONSENT CALENDAR
City Clerk Hollywood announced that Consent Calendar Items 8D, 8O, 8P, and 8Q were being removed from the Consent Calendar by members of the public.
COUNCIL ACTION:
Lyndes moved, Hinze seconded to close and adopt the Consent Calendar with the exception of Consent Calendar Items 8D, 8O, 8P, and 8Q 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 May 17, 2023, Joint Special-Closed Session Meeting; May 17, 2023, Regular Meeting; May 24, 2023, Special-Closed DocuSign Envelope ID: 92590EDF-3E09-4DC8-9B22-2837E54F835F
6/14/2023 Regular Meeting
6/14/2023 Regular Meeting Page 3 Mtg. #2023-____, Bk#39, Page __
Session Meeting, May 24, 2023, Special Meeting, and May 24, 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.
8E. Maintenance agreement between the City of Encinitas and Caltrans for the North Coast Trail adjacent to I-5 from Birmingham Dr. to Manchester Ave.
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 coordination with the City Attorney, to execute an agreement in substantial form, between the City of Encinitas and Caltrans for maintenance of the North Coast Trail multi-use path.
8F. Approval of a budget amendment for Stonesteps Beach Access Emergency Repairs (CX23B). Contact Person: Park Operations Manager Norgard 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 results in repair of existing infrastructure that will not result in the direct or indirect physical change in the environment.
Recommended Action: Adopt City Council Resolution No. 2023-32, titled, “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Adopted Budget” to appropriate $250,000 to Stonesteps Beach Access Emergency Repairs (Project No. CX23B). 8G. Resolution accepting a report for state-mandated annual fire inspections in compliance with SB 1205. Contact Person: Fire Marshal Schmidt 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 DocuSign Envelope ID: 92590EDF-3E09-4DC8-9B22-2837E54F835F
6/14/2023 Regular Meeting
6/14/2023 Regular Meeting Page 4 Mtg. #2023-____, Bk#39, Page __
government that will not result in the direct or indirect physical change in the environment.
Recommended Action: Adopt Resolution No. 2023-31, titled, “A Resolution of the City Council of the City of Encinitas, California Acknowledging Receipt of a Report Made by the Fire Chief of the Encinitas Fire Department Regarding the Inspection of Certain Occupancies Required to Perform Annual Inspections in Such Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.” 8H. Update on City-Wide Emergency Storm Drain Repair Costs to Date, and Request for Additional Funding of $1,500,000 for Emergency Projects.
Contact: Engineer II Stryker
Environmental Considerations: The actions being considered by the City Council are exempt from the California Environmental Quality Act (CEQA) because a budget amendment is not a “project” under Section 15378(b)(5).
The action involves an administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: 1) Adopt City Council Resolution No. 2023-69, titled, “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget” to appropriate $1,500,000 to Project No.
CX23A, Emergency Repairs – Winter Storms.
8I. Award an agreement to STC Traffic, Inc. for the design of the Highway Safety Improvement Program (HSIP) Cycle 10 Citywide Leading Pedestrian Intervals (LPI) Project (Project No. CS22B). Contact Person: Engineer I Edgeworth
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. Implementation of LPI operations modifies operations at existing signalized intersections to provide pedestrian safety enhancements. LPI is also considered a Vehicle Miles Traveled (VMT) reduction measure because it provides pedestrian network improvements.
The proposed project meets the criteria for this exemption and helps to lower VMT.
Recommended Action: 1) Authorize the City Manager, or designee, to execute an agreement in substantial form and any necessary amendments and time extensions, in consultation with the City Attorney, with STC Traffic, Inc., in the amount of $112,820 with a 10 percent contingency ($11,282) for professional engineering services to design the Citywide Leading Pedestrian Intervals Project (CS22B), for a total cost not-to-exceed amount of $124,102; and 2) Adopt City Council Resolution No. 2023-56 titled, “A DocuSign Envelope ID: 92590EDF-3E09-4DC8-9B22-2837E54F835F
6/14/2023 Regular Meeting
6/14/2023 Regular Meeting Page 5 Mtg. #2023-____, Bk#39, Page __
Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget” to appropriate $11,102 to Project No. CS22B, Citywide Leading Pedestrian Intervals.
8J. Emergency Repairs Declaration for Mold Remediation to Encinitas Fire Station #4, 2011 Village Park Way. Contact Person: Senior Management Analyst Stratakis
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 emergency repairs to Fire Station #4 under the Emergency Declaration.
8K. Appropriate $1,308,000 grant funding and $150,000 in City matching funds for rehabilitation of the South Coast Highway 101 Bridge over the San Elijo Lagoon as part of the California Department of Transportation’s Highway Bridge Program (HBP). Contact Person: Senior Engineer Cabrera Environmental Considerations: The action being considered by City Council is exempt from the California Environmental Quality Act (CEQA) because applying matching funds is an administrative activity that is not a “project” per Section 15378(b)(5) of the CEQA Guidelines. Any future rehabilitation of the bridge would require discretionary development permits and related environmental review under CEQA.
Recommended Action: 1) Authorize the City Manager, or designee, to accept and administer federal funding from the HBP for the San Elijo Bridge Rehabilitation Project; and 2) Adopt City Council Resolution 2023-62, titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget” for the San Elijo Lagoon Bridge Rehabilitation Project (CS23F).
8L. Acceptance of the El Portal Pedestrian and Bicycle Undercrossing Project (CS16F). Contact Person: Principal Engineer Widelski
Environmental Considerations: The actions being considered by the City Council are exempt from the California Environmental Quality Act (CEQA) because acceptance of the public improvements as complete is not a “project” under Section 15378(b)(5). The action involves an administrative activity of government that will not result in the direct or indirect physical change in the environment.
DocuSign Envelope ID: 92590EDF-3E09-4DC8-9B22-2837E54F835F
6/14/2023 Regular Meeting
6/14/2023 Regular Meeting Page 6 Mtg. #2023-____, Bk#39, Page __
Recommended Action: 1) Authorize the filing of the Notice of Completion for the subject project; and 2) Adopt City Council Resolution No. 2023-57, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the El Portal Pedestrian and Bicycle Undercrossing Project (CS16F)” accepting the public improvements for the El Portal Pedestrian and Bicycle Undercrossing Project as complete to the satisfaction of the City.
8M. Professional Service Agreement between the City of Encinitas and Can-Do Maintenance, Inc for as-needed Citywide graffiti abatement services on private property, as outlined in Encinitas Municipal Code (EMC) Section
9.60.070(A), and private property cleanup assistance, in accordance with the requirements of the Private Property Cleanup Assistance Program (“PPCAP”) guidelines. Contact Person: Code Enforcement Supervisor Jemison
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 designee, to enter in a Professional Service Agreement between the City of Encinitas (“City”) and Can-Do Maintenance, Inc for as-needed Citywide graffiti abatement services on private property and property cleanup assistance, not to exceed the amount of $84,000 each year and/or $420,000 in five (5) years. 8N. Legislative position letters submitted to City Council for ratification. Contact Person: Government and Community Relations Administrator Bates 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: It is recommended that City Council take the following actions: 1) Ratify AB 1207 Cannabis: Labeling and Advertising (Irwin); 2) Ratify SB 511 Greenhouse Gas Inventories (Blakespear); 3) Ratify AB 1373 Energy (Garcia)
DocuSign Envelope ID: 92590EDF-3E09-4DC8-9B22-2837E54F835F
6/14/2023 Regular Meeting
6/14/2023 Regular Meeting Page 7 Mtg. #2023-____, Bk#39, Page __
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8D. Parks and Recreation Commission Work Plan outcomes for FY 2022-23 and proposed work plan for FY 2023-24. Contact Person: Park Operations Manager Norgard
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 FY 2022-23 Parks and Recreation Commission Work Plan; and 2) Approve the proposed FY 2023-24 Parks and Recreation Commission Work Plan.
SPEAKER:
Suzanne Hume spoke regarding a ban on toxic pesticides and synthetic turf.
COUNCIL ACTION:
Kranz moved, Ehlers seconded to: 1) Receive final report outcomes regarding the FY 2022-23 Parks and Recreation Commission Work Plan; and 2) Approve the proposed FY 2023-24 Parks and Recreation Commission Work Plan. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None
8O. Lease/purchase financing for the City’s purchase of a Pierce Stock Enforcer Pumper Fire Engine in the amount of $859,596, as a reimbursement to the City’s General Fund. Contact Person: Finance Manager II 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: 1) Adopt Resolution 2023-58 titled: “A Resolution of the City Council of the City of Encinitas Authorizing Entering into a New Under A Master Equipment Lease Purchase Agreement and the Execution and Delivery of Related Instruments, and Determining Other Matters in Connection Therewith”; and 2) Authorize the City Manager, or her designee to take any and all necessary steps to complete the financing of the Pierce Enforcer Triple Combination Pumper Fire Engine, including the execution of a contact and financing arrangements, with Pinnacle Public Finance, Inc.
DocuSign Envelope ID: 92590EDF-3E09-4DC8-9B22-2837E54F835F
6/14/2023 Regular Meeting
6/14/2023 Regular Meeting Page 8 Mtg. #2023-____, Bk#39, Page __
SPEAKER:
Judy Berlfein spoke in opposition to the recommended action.
COUNCIL ACTION:
Lyndes moved, Ehlers seconded to: 1) Adopt Resolution 2023-58 titled: “A Resolution of the City Council of the City of Encinitas Authorizing Entering into a New Under A Master Equipment Lease Purchase Agreement and the Execution and Delivery of Related Instruments, and Determining Other Matters in Connection Therewith”; and 2) Authorize the City Manager, or her designee to take any and all necessary steps to complete the financing of the Pierce Enforcer Triple Combination Pumper Fire Engine, including the execution of a contact and financing arrangements, with Pinnacle Public Finance, Inc. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
8P. Lease/purchase financing for the City’s purchase of a Pierce Enforcer Triple Combination Pumper Fire Engine in the amount of $1,065,760. Contact Person: Finance Manger 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: 1) Adopt Resolution 2023-66 titled: “A Resolution of the City Council of the City of Encinitas Authorizing Entering Into New Lease with PNC Equipment Finance Under a Master Equipment Lease Purchase Agreement and the Execution and Delivery of Related Instruments, and Determining Other Matters in connection Therewith”; and 2) Authorize the City Manager, or her designee to take any and all necessary steps to complete the financing of the Pierce Enforcer Triple Combination Pumper Fire Engine, including the execution of a contract and financing arrangements, with PNC Equipment Finance.
SPEAKER:
Aaron Hebshi spoke in opposition to the recommended action.
COUNCIL ACTION:
Lyndes moved, Ehlers seconded to: 1) Adopt Resolution 2023-66 titled: “A Resolution of the City Council of the City of Encinitas Authorizing Entering Into New Lease with PNC Equipment Finance Under a Master Equipment Lease Purchase Agreement and the Execution and Delivery of Related Instruments, and Determining Other Matters in connection Therewith”; and 2) Authorize the City Manager, or her designee to take any and all necessary steps to complete the DocuSign Envelope ID: 92590EDF-3E09-4DC8-9B22-2837E54F835F
6/14/2023 Regular Meeting
6/14/2023 Regular Meeting Page 9 Mtg. #2023-____, Bk#39, Page __
financing of the Pierce Enforcer Triple Combination Pumper Fire Engine, including the execution of a contract and financing arrangements, with PNC Equipment Finance. Motion Carried. Ayes:
Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent:
None.
8Q. Temporary suspension of Encinitas Municipal Code (EMC) Sections
23.12.110.B and 23.12.110.C, which regulate the use of fuel gas infrastructure in new buildings, in response to the April 17, 2023 ruling in California Restaurant Association v. City of Berkeley by the Ninth Circuit of the United States Court of Appeals. Contact Person: Sustainability Manager Najera
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 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: Adopt City Council Resolution No. 2023-75, titled “A Resolution of the City Council of the City of Encinitas Temporarily Suspending Sections 23.12.110.B and 23.12.110.C of Chapter 23.12 (Uniform Building Codes for Construction) of Title 23 (Building and Construction) of the Encinitas Municipal Code.”
Sustainability Manager Najera presented the staff report.
SPEAKERS:
Harold Standerfer, Kelly Lyndon, Jim Wang, Suzanne Hume, and John Bottorff spoke in opposition to the recommended action.
COUNCIL ACTION:
Kranz moved, Ehlers seconded to adopt City Council Resolution No. 2023-75, titled “A Resolution of the City Council of the City of Encinitas Temporarily Suspending Sections 23.12.110.B and 23.12.110.C of Chapter 23.12 (Uniform Building Codes for Construction) of Title 23 (Building and Construction) of the Encinitas Municipal Code.” Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays:
None. Absent: None.
Kranz moved, Hinze seconded to direct staff to bring back information and options for providing electrification capabilities in the event someone wanted to convert their natural gas home. Motion Carried.
Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None.
Absent: None.
DocuSign Envelope ID: 92590EDF-3E09-4DC8-9B22-2837E54F835F
6/14/2023 Regular Meeting
6/14/2023 Regular Meeting Page 10 Mtg. #2023-____, Bk#39, Page __
10. ACTION ITEMS
10A. Public Hearing and Introduction of Ordinance No. 2023-05 to amend Title 14, Chapters 14.06 and 14.56 of the Encinitas Municipal Code introducing changes pertaining to the operation of bicycles within the City. Contact Person: Government and Community Relations Administrator Bates Environmental Considerations: The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. The action being considered by the City Council is an administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: Conduct a Public Hearing and Introduce Ordinance No. 2023-05, titled “An Ordinance of the City Council of the City of Encinitas, California Amending Encinitas Municipal Code Chapters 14.06 And 14.56 of Title 14 (Traffic Code) Regarding Bicycles.” Government and Community Relations Administrator Bates and Sheriff’s Captain Lawrence presented the staff report and responded to preliminary questions from the Council.
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 at 7:41 p.m.
There were no public speakers.
Mayor Kranz closed the public hearing at 7:41 p.m.
Government and Community Relations Administrator Bates and Sheriff’s Captain Lawrence responded to questions from the Council.
COUNCIL ACTION:
Ehlers moved, Hinze seconded to Introduce Ordinance No. 2023-05, titled “An Ordinance of the City Council of the City of Encinitas, California Amending Encinitas Municipal Code Chapters 14.06 And
14.56 of Title 14 (Traffic Code) Regarding Bicycles.” Motion Carried.
DocuSign Envelope ID: 92590EDF-3E09-4DC8-9B22-2837E54F835F
6/14/2023 Regular Meeting
6/14/2023 Regular Meeting Page 11 Mtg. #2023-____, Bk#39, Page __
Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None.
Absent: None.
The Mayor called the meeting into a recess at 7:55 p.m., and reconvened the meeting at 8:07 p.m.
The Mayor announced that Action Item 10C would be heard before Action Item 10B.
10C. Diversity Equity & Inclusion Workplan Update and Recommendation to form a Public Health & Safety Commission. Contact Person: Government & Community Relations Administrator Bates
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: It is recommended that City Council consider forming a 5 to 7-member Public Health & Safety Commission.
Government and Community Relations Administrator Bates presented the staff report and responded to questions from the Council.
SPEAKERS:
Robin Sales, Ross Ridder, and Yusef Miller spoke in support of the recommended action.
Suzanne Hume and John Bottorff registered support for the recommended action but chose not to speak.
COUNCIL ACTION:
Kranz moved, Hinze seconded to form a 7-member Public Health and Safety Commission with regular meetings scheduled quarterly and special meetings scheduled as needed. Motion Carried. Ayes:
Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent:
None.
10B. Public hearing to consider amendments to the General Plan to update the Safety Element, amend the Resource Management Element, and amend the Local Coastal Program. Contact Person: Senior Planner Dacey Environmental Considerations: Pursuant to State California Environmental Quality Act (CEQA) Guideline Section 15162, staff reviewed the previously adopted Safety Element associated environmental documents and determined that a subsequent Environmental Impact Report (EIR) or a Negative Declaration (ND) is not required for the update DocuSign Envelope ID: 92590EDF-3E09-4DC8-9B22-2837E54F835F
6/14/2023 Regular Meeting
6/14/2023 Regular Meeting Page 12 Mtg. #2023-____, Bk#39, Page __
to the City of Encinitas Safety Element in that substantial changes are not proposed to the draft document, the circumstances to which the 1995 Safety Element was adopted have not changed, and no new information of substantial importance or new impacts have arisen since the prior environmental documents have been certified. Although new goals, policies, and implementation programs are proposed with the Safety Element update, they do not contribute to having a significant effect upon the environment as they are directed at avoidance of impacts through recognition and control over specific conditions that may arise with a development project, request further study and analysis of specific topics, or promote educational outreach efforts.
Additionally, in accordance with the CEQA Guidelines, the proposed General Plan Safety Element update has been determined to be an exempted project pursuant to Section 15060(c)(2) and 15061(b)(3) in that the proposed amendments which are primarily limited to policy modifications and updates in compliance with Government Code Section 65302 (g)(1 through 9) are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will the proposed changes have the potential for causing significant effect on the environment. Pursuant to CEQA Guidelines Section 15382, “Significant effect on the environment” means “a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An economic or social change by itself shall not be considered a significant effect on the environment. A social or economic change related to a physical change may be considered in determining whether the physical change is significant.” The proposed Safety Element update is in compliance with current State General Plan requirements, will not substantially affect, potentially substantially affect, or change the City’s land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic resources as all potential changes have been thoroughly considered and will act to protect the environment by minimizing the potential spread of wildfire or any other natural disasters, which are intended to result in the reduction of potential short and long-term community risks resulting from fires, floods, droughts, earthquakes, landslides, climate change, and other related hazards.
Recommended Action: 1) Adopt City Council Resolution No. 2023-50 titled “A Resolution of the City Council of the City of Encinitas of Encinitas to Adopt the Amendments to the General Plan Safety Element and Resource Management Element Policy 10.1 and the Local Coastal Program;” and 2) Adopt City Council Resolution No. 2023-51 titled “A Resolution of the City Council of the City of Encinitas City to Authorize Submittal of the Local Coastal Program Components of the Amendments to the General Plan Safety Element and Resource Management Element Policy 10.1 to the California Coastal Commission.”
DocuSign Envelope ID: 92590EDF-3E09-4DC8-9B22-2837E54F835F
6/14/2023 Regular Meeting
6/14/2023 Regular Meeting Page 13 Mtg. #2023-____, Bk#39, Page __
Senior Planner Dacey, Consultant Aaron Pfannenstiel from Atlas Planning Solutions, and Associate Planner Cvetko presented the staff report and responded to preliminary questions from the Council.
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 reported that he had reviewed Carlsbad’s Safety Element Plan.
Mayor Kranz opened the public hearing at 9:20 p.m.
There were no public speakers.
Mayor Kranz closed the public hearing at 9:20 p.m.
Mayor Kranz reopened the public hearing at 9:35 p.m.
COUNCIL ACTION:
Kranz moved, Ehlers seconded to continue the Public Hearing to a date certain of August 9, 2023, and direct staff to update the Safety Element to include more detail regarding the Class I Railroad and to include the 2023 point-in-time count. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
11. INFORMATIONAL ITEMS
11A. Vision Zero Update. Contact Person: Senior Planner Mobility Coordinator Jedynak
Recommended Action: Receive the oral report.
Senior Mobility Coordinator Jedynak presented the report and responded to questions from the Council.
SPEAKER:
Judy Berlfein spoke in support of the recommended action.
DocuSign Envelope ID: 92590EDF-3E09-4DC8-9B22-2837E54F835F
6/14/2023 Regular Meeting
6/14/2023 Regular Meeting Page 14 Mtg. #2023-____, Bk#39, Page __
11B. Cycle Track Construction Update. Contact Person: Traffic Engineer Bandegan
Recommended Action: Receive the oral report.
Traffic Engineer Bandegan presented the report and responded to questions from the Council.
SPEAKER:
Judy Berlfein spoke in support of the recommended action.
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 on an Encina Wastewater subcommittee meeting.
Mayor Kranz reported on a SANDAG meeting.
14. CITY MANAGER REPORTS
City Manager Antil gave an update on the Stonesteps repair project.
15. CITY ATTORNEY REPORTS
No City Attorney Report was given.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 10:21 p.m. in memory of Jay Williams and Carol Naylor.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers
Deputy City Clerk
DocuSign Envelope ID: 92590EDF-3E09-4DC8-9B22-2837E54F835F