Cities Index.
Minutes, regular meeting

Encinitas City Council
June 21, 2023

Document
Minutes, regular meeting
Meeting
June 21, 2023
Body
Encinitas City Council
Pages
13
Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.

6/21/2023 Regular Meeting Page 1 Mtg. #2023-____, Bk#39, Page ____

MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
JUNE 21, 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 Proclamation Declaring June Pride Month Mayor Kranz read and presented the proclamation to Lisa Nava, Executive Director, Pride by the Beach.

5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF

Mark Wilcox spoke regarding a ban on smoking in multi-family unit complexes.

Vivienne Vail and Garvin Walsh spoke regarding public records requests.

Mark Miville spoke regarding various topics.

Kathleen Lindeman and Dolores Welty spoke regarding affordable housing.

Jerylanne Kessler spoke regarding the Staver project on Melba Road.

6. REPORT FROM CLOSED SESSION

No Closed Session Meeting was held.

DocuSign Envelope ID: 72A4B010-613B-455A-AC53-E56B3F5F2692

6/21/2023 Regular Meeting

6/21/2023 Regular Meeting Page 2 Mtg. #2023-____, Bk#39, Page __

7. CHANGES TO THE AGENDA

City Clerk Hollywood announced that there were changes to the resolution exhibits for Action Item 10C and those changes were provided to the Council and posted to the website.

8. CONSENT CALENDAR

Council Member Ehlers removed item 8J from the Consent Calendar.

COUNCIL ACTION:

Ehlers moved, Kranz seconded to close and adopt the Consent Calendar with the exception of Item 8J. 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 June 02, 2023, Joint 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. Fiscal Year 2022-23 Third Quarter Operating Budget Status Report and Proposed Budget Amendments. Contact Persons: Finance Manager Sanderson and Finance Analyst Clisby
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 and file the Fiscal Year 2022-23 Third Quarter Operating Budget Status Report; and 2) Adopt Resolution No. 2023-76, titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Adopted Budget.”
DocuSign Envelope ID: 72A4B010-613B-455A-AC53-E56B3F5F2692

6/21/2023 Regular Meeting

6/21/2023 Regular Meeting Page 3 Mtg. #2023-____, Bk#39, Page __

8E. Approve the Updated City of Encinitas Annex of the 2023 Multi- Jurisdictional Hazard Mitigation Plan. Contact Person Senior Management Analyst Jimenez
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. 2023-54 titled “A Resolution of the City Council of the City of Encinitas Approving the Updated City of Encinitas Annex of the 2023 Multi-Jurisdictional Hazard Mitigation Plan.”
8F. Public Works General Repair Services Agreement. Contact Person:

Superintendent Ugrob
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 City Manager, in conjunction with the City Attorney, to execute an agreement in substantial form as attached for General Repair Services with L.C. Paving & Sealing, Inc. for an initial three (3)-year term; and 2) Authorize City Manager to extend the agreement if needed for two (2) three (3)-year renewal options, not to exceed nine (9) years total. The original agreement and renewal options for these services are not to exceed the annual budgeted amounts.
8G. Authorization to renew Microsoft Office 365 product subscriptions. Contact Person: IT Operations Supervisor O’Connor
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 to purchase Microsoft Office 365 subscriptions in an amount of $173,353 for FY 2023-24 using DocuSign Envelope ID: 72A4B010-613B-455A-AC53-E56B3F5F2692

6/21/2023 Regular Meeting

6/21/2023 Regular Meeting Page 4 Mtg. #2023-____, Bk#39, Page __

Microsoft Cloud Reseller Agreement for U.S. Government Cloud, which was competitively bid.
8H. Amendment No. 3 to Agreement for As-Needed Architectural Services between the City of Encinitas and COAR Design Group to add $40,000 for construction support at the Pacific View Project site (CF20D). Contact Person: Senior Engineer Cabrera
Environmental Considerations: The actions being considered by the City Council are not subject to the California Environmental Quality Act (CEQA) because agreement amendments are not “projects” 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: Authorize the City Manager or her designee, in coordination with the City Attorney, to execute Amendment No. 3 to the As- Needed Architectural Services agreement with COAR Design Group, in substantial form as Attachment 1, to add $40,000 of capacity to the agreement for construction support, for a new not-to-exceed amount of $916,500.
8I. Appropriate $130,110 in additional State Highway Safety Improvement Program grant funding for the Highway 101 Separated Bike Lanes (Cycle Track Phase II) Project (CS22C). Contact Person: Traffic Engineer II Barr Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because appropriating funds is an administrative activity that is not a “project” per Section 15378(b)(5) of the CEQA Guidelines.

Recommended Action: 1) Authorize the City Manager, or designee, to accept and administer additional state grant funding from the Highway Safety Improvement Program for the Highway 101 Separated Bike Lanes (Cycle Track Phase II) Project; and 2) Adopt City Council Resolution No. 2023-74 titled, “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget” for the Highway 101 Separated Bike Lanes (Cycle Track Phase II) Project (CS22C).
8K. Adopt Resolution No. 2023-70 authorizing the City Manager or designee(s) to execute a Memorandum of Understanding (MOU) between the City of Encinitas/San Dieguito Water District and Service Employees International Union (SEIU) Local 221. Contact Person: Human Resources Director Bokosky
Environmental Consideration: 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.

DocuSign Envelope ID: 72A4B010-613B-455A-AC53-E56B3F5F2692

6/21/2023 Regular Meeting

6/21/2023 Regular Meeting Page 5 Mtg. #2023-____, Bk#39, Page __

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 Resolution No. 2023-70, titled “A Resolution of the City Council of the City of Encinitas Authorizing the City Manager or Designee(s) to Execute a Memorandum of Understanding Between the City of Encinitas/San Dieguito Water District and Service Employees International Union (SEIU) Local 221.”

9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8J. Appropriate $548,820 in grant funding and $60,980 in City matching funds for the Highway Safety Improvement Program Cycle 11 Citywide Pedestrian Crossing Upgrades Project (CS23G). Contact Person: Traffic Engineer II Barr
Environmental Consideration: The action being considered by City Council is exempt from the California Environmental Quality Act (CEQA) because appropriating funds is an administrative activity that is not a “project” per Section 15378(b)(5) of the CEQA Guidelines.

Recommended Action: 1) Authorize the City Manager, or designee, to accept and administer state funding from the Highway Safety Improvement Program (HSIP) for the Citywide Pedestrian Crossing Upgrades Project; and 2) Adopt City Council Resolution No. 2023-36 titled, “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget” for the Citywide Pedestrian Crossing Upgrades Project (CS23G).

Traffic Engineer Bandegan responded to questions from Council Member Ehlers.

COUNCIL ACTION:

Ehlers moved, Lyndes seconded to: 1) Authorize the City Manager, or designee, to accept and administer state funding from the Highway Safety Improvement Program (HSIP) for the Citywide Pedestrian Crossing Upgrades Project; and 2) Adopt City Council Resolution No. 2023-36 titled, “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget” for the Citywide Pedestrian Crossing Upgrades Project (CS23G). Motion Carried. Ayes:

Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent:

None.

DocuSign Envelope ID: 72A4B010-613B-455A-AC53-E56B3F5F2692

6/21/2023 Regular Meeting

6/21/2023 Regular Meeting Page 6 Mtg. #2023-____, Bk#39, Page __

10. ACTION ITEMS
10A. Public Hearing to consider a timely-filed appeal of the Planning Commission’s approval of a Density Bonus, Design Review Permit, Condominium Tentative Map, and Coastal Development Permit for the construction of a 149-unit (134 market-rate units and 15 “very low” income affordable units) townhome community (for-sale units) consisting of 16 individual three-story residential buildings and one (1) amenity building. The project also includes site amenities and grading, hardscape, stormwater, and landscaping improvements. CASE NUMBERS: APPEAL-006297- 2023; MULTI-005158-2022; DR-005160-2022; SUB-005159-2022; SUB- 005391-2022; and CDP-005161-2022; FILING DATE: February 3, 2022; APPLICANT: Lennar Homes of California, LLC; APPELLANT: Encinitas Community Collective; LOCATION: Northeast corner of Piraeus Street and Plato Place; (APNs) 254-144-01 & 216-110-35. Contact Person: Planning Manager Colamussi
Environmental Considerations: An Environmental Impact Report (EIR) was prepared to analyze the potential environmental effects of the project.

In accordance with the California Environmental Quality Act (CEQA), the draft EIR was published for a 60-day public and agency review period on December 9, 2022 to February 6, 2023. Comments received during the public review period and corresponding responses are included in the Final EIR (Attachment CC-4). Responses were received from one federal agency (US Fish and Wildlife Service); two state agencies (California Department of Transportation (Caltrans); California Department of Fish and Wildlife (CDFW)]; one organization (Encinitas Community Collective); and 49 individuals (several whom submitted multiple comment letters).

Following close of the public review period, one additional letter was received from an organization, and one additional letter was received from an individual.

Through the analysis provided in the EIR, it was determined that the project would result in the following significant impacts unless mitigation measures are incorporated to reduce the environmental impacts to less than significant levels, with the exception of transportation, which was determined to be significant and unavoidable:
• Air Quality
• Biological Resources
• Cultural Resources
• Geology/Soils (Paleontological Resources)
• Noise
• Tribal Cultural Resources
• Wildfire
The impacts to air quality are associated with potential health risks to project residents due to Diesel Particulate Matter originating from proximity to Interstate 5. The impacts to biological resources are associated with direct and indirect impacts to species identified as a candidate, DocuSign Envelope ID: 72A4B010-613B-455A-AC53-E56B3F5F2692

6/21/2023 Regular Meeting

6/21/2023 Regular Meeting Page 7 Mtg. #2023-____, Bk#39, Page __

sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS. With respect to cultural resources and tribal/cultural resources and geology and soils, construction activity may impact potential historical, archaeological, and paleontological resources within the project area. The impacts to noise are associated with future residents’ exposure to Interstate 5. Impacts to wildfire activity were associated with potentially significant risk due to slope, prevailing winds, and other factors.

For all the above impacts, mitigation measures are identified in the EIR to reduce the environmental effects to less than significant levels. The Mitigation Monitoring and Reporting Program (MMRP) is included as part of Attachment CC-4 and provides additional details of the required environmental mitigation measures.

Through the analysis provided in the EIR, it was determined that the project would have significant and unavoidable transportation impacts related to Vehicle Miles Traveled (VMT) that cannot be fully mitigated. The project includes mitigation to reduce these impacts such as including various Transportation Demand Management (TDM) measures, but the VMT impacts would remain significant and unavoidable.

Once significant impacts have been identified, CEQA and the CEQA Guidelines Sections 15043 and 15093 require that certain findings be made before project approval to justify the unavoidable transportation impact. The City must adopt a Statement of Overriding Considerations, which allows a lead agency to cite a project’s general economic, social or other benefits as justification for choosing to allow the occurrence of specified significant environmental effects that have not been avoided. The CEQA provisions require the agency to provide in writing the specific reasons to support its action to approve the project with a Statement of Overriding Considerations (included as a part of), indicating that the project’s benefits must outweigh the unavoidable significant effects. The overriding considerations must be supported by substantial evidence.

The project would require the adoption of a Statement of Overriding Considerations. The statement provides the lead agency’s views on the ultimate balancing of the merits of approving a project despite its environmental impact. Although the project would have a significant and unavoidable transportation impact, it would also result in a number of public benefits associated with the development of the project site:

SOCIAL BENEFITS

1. The project would provide visual and functional compatibility with adjacent residential neighborhoods, other nearby land uses, development, and natural features.

2. The project would create a walkable environment that promotes and enhances the pedestrian experience through the site by providing safe and convenient walkways, as well as an onsite area for social gathering and interaction.

DocuSign Envelope ID: 72A4B010-613B-455A-AC53-E56B3F5F2692

6/21/2023 Regular Meeting

6/21/2023 Regular Meeting Page 8 Mtg. #2023-____, Bk#39, Page __

ECONOMIC BENEFITS

1. The project would provide affordable housing within the project for low- income families, thereby helping to meet the state-mandated affordable housing requirements and further encouraging diversity within the community.

2. The project would provide additional new residential housing opportunities within the Encinitas community, thereby addressing the local and state housing crisis and helping to meet regional and local housing mandates.

ENVIRONMENTAL BENEFITS

1. The project would provide at least the minimum number of units and housing opportunities that are consistent with the goals of the adopted City of Encinitas Housing Element Update, while minimizing environmental effects and protecting surrounding natural and aesthetic resources.

2. The project would preserve the vegetation and habitat on the 4.95-acre parcel located adjacent to the north of the development area and would prepare a long-term management plan to provide an entity and endowment funding to maintain such open space in perpetuity.

3. The project would provide for the design of buildings, public spaces, and uses that enhance and respect the scenic nature of the I-5 corridor and the coastal environment.

Staff concludes that a Statement of Overriding Consideration is appropriate. The EIR identified all unavoidable significant transportation (VMT) impacts could not be avoided or substantially lessened. The alternatives evaluated in the EIR either would not avoid or substantially lessen the significant and unavoidable transportation impacts or would be infeasible. Each of the above-listed benefits of the project is sufficient by itself to conclude that the project is justified despite the impacts of the project.

Recommended Action: Deny the appeal and adopt draft City Council Resolution No. 2023-72 (Attachment CC-1) affirming the Planning Commission’s decision to approve the Density Bonus, Design Review Permit, Condominium Tentative Map, and Coastal Development Permit with conditions, certify the Environmental Impact Report, adopt the findings of facts and Mitigation Monitoring and Reporting Program, and make the findings and the statement of overriding considerations.

Planning Manager Innes and Consultant Bob Stark from Michael Baker International presented the staff report and responded to preliminary questions from the Council.

DocuSign Envelope ID: 72A4B010-613B-455A-AC53-E56B3F5F2692

DocuSign Envelope ID: 72A4B010-613B-455A-AC53-E56B3F5F2692 U/ ,./.. l/ ,./..V,./..:J Rt;gunu lVlt;t;Llllg

COUNCIL DISCLOSURES OF ANY INFORMATION RECEIVED THAT IS NOT INCLUDED IN THE AGENDA PACKET:

Council Member Blackwell reported she had toured the project site with members of the Encinitas Community Collective.

Council Member Ehlers reported that he had toured the site with members of the Encinitas Community Collective and spoke with Planning Chair Doyle regarding this item.

Council Member Hinze reported that she had toured the project site with members of the Encinitas Community Collective.

Deputy Mayor Lyndes reported that she had toured the project site with members of the Encinitas Community Collective.

Mayor Kranz reported that he had toured the site with Dennis and Karen Kaden, members of the Encinitas Community Collective, and spoke with Marco Gonzalez, representing the applicant.

Mayor Kranz opened the public hearing at 7:16 p.m.

Arie Spangler representing the appellant, Encinitas Community Collective, presented the appeal.

David Shephard and Attorney Marco Gonzalez, representing the applicant, Lennar Homes presented the project.

SPEAKERS:

The following individuals spoke in opposition to the Piraeus Point project:

David Hill, Richard Weston, Scott Campbell, Dan Baxter, Doug Miller, Jim Brakas, Luke Shaffer, Dolores Welty, Kathleen Lees, and Steve Locke.

Kevin Sabellico spoke in support of the project.

The following speakers registered opposition to the project, but chose not to speak: Patricia Rodgers, Robert Murtfeldt, Nicholas Levy, and Lorraine Levy.

The Mayor called the meeting into a recess at 8:34 p.m., and reconvened the meeting at 8:54 p.m.

David Shephard and Attorney Marco Gonzalez, representing the applicant, Lennar Homes presented their rebuttal.
6/21/2023 Regular Meeting Page 9 Mtg. #2023-_, Bk#39, Page_

6/21/2023 Regular Meeting

6/21/2023 Regular Meeting Page 10 Mtg. #2023-____, Bk#39, Page __

Arie Spangler representing the appellant, and Karen Kaden from Encinitas Community Collective presented their rebuttal.

Mayor Kranz stated that the public hearing would remain open.

COUNCIL ACTION:

Ehlers moved, Kranz seconded to: Request additional information from the appellant and applicant to substantiate and support arguments and continue the Public Hearing to a date certain of August 23, 2023; and to ; negotiate the easement necessary for the frontage of Plato Place and Piraeus Street. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.

10B. Public Hearing for consideration of adopting resolutions authorizing the annual indexed adjustments to the cost of services schedule (User Fees) for planning and engineering development processing fees for Fiscal Year 2023-24. Contact Person: Assistant Finance Director Gallup

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 2023-67, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Schedule of Fees For Planning Services; and 2) Adopt Resolution 2023-68, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Schedule of Fees for Engineering Services.”

COUNCIL DISCLOSURES OF ANY INFORMATION RECEIVED THAT IS NOT INCLUDED IN THE AGENDA PACKET:

Council Member Blackwell reported she had no disclosures.

Council Member Ehlers reported that he had no disclosures.

Council Member Hinze reported that she had no disclosures.

Deputy Mayor Lyndes reported that she had no disclosures.

Mayor Kranz reported that he had no disclosures.

Mayor Kranz opened the public hearing at 10:03 p.m.

There were no public speakers.

Mayor Kranz closed the public hearing at 10:03 p.m.

DocuSign Envelope ID: 72A4B010-613B-455A-AC53-E56B3F5F2692

6/21/2023 Regular Meeting

6/21/2023 Regular Meeting Page 11 Mtg. #2023-____, Bk#39, Page __

Assistant Director of Finance Gallup responded to questions from the Council.

COUNCIL ACTION:

Kranz moved, Hinze seconded to: 1) Adopt Resolution 2023-67, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Schedule of Fees For Planning Services; 2) Adopt Resolution 2023-68, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Schedule of Fees for Engineering Services.”; and 3) Direct staff to bring back additional information regarding the fee schedule during the budget process next year. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None. Abstain: None.
10C. Approval of FY 2023-24 Operating Budget and FY 2023-24 to FY 2027-28 Capital Improvement Program (CIP) and Financial Plan; Adoption of Resolution 2023-47, Approving Operating and CIP Appropriations for FY 2023-24; Adoption of Resolution 2023-48, Determining the Appropriations Limit for FY 2023-24; and Adoption of Resolution 2023-49, Approving Position Titles and Pay Ranges for FY 2023-24. 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.

Recommended Action: 1) Adopt Resolution No. 2023-47, titled “A Resolution of the City Council of the City of Encinitas Adopting the Fiscal Year 2023-24 Operating and Capital Improvement Program Appropriations; 2) Adopt Resolution No. 2023-48, titled “A Resolution of the City Council of the City of Encinitas Determining and Adopting the Appropriations Limit for Fiscal Year 2023-24 in Accordance with Article XIII-B of the Constitution of the State of California;” and 3) Adopt Resolution No. 2023-49, titled “A Resolution of the City Council of the City of Encinitas Approving Titles and Pay Ranges for the City of Encinitas for Fiscal Year 2023-24.” SPEAKER:

Scott Campbell spoke.

Finance Manager Sanderson presented the staff report and responded to questions from the Council.

DocuSign Envelope ID: 72A4B010-613B-455A-AC53-E56B3F5F2692

6/21/2023 Regular Meeting

6/21/2023 Regular Meeting Page 12 Mtg. #2023-____, Bk#39, Page __

COUNCIL ACTION:

Kranz moved, Hinze seconded to: 1) Adopt Resolution No. 2023-47, titled “A Resolution of the City Council of the City of Encinitas Adopting the Fiscal Year 2023-24 Operating and Capital Improvement Program Appropriations; 2) Adopt Resolution No. 2023-48, titled “A Resolution of the City Council of the City of Encinitas Determining and Adopting the Appropriations Limit for Fiscal Year 2023-24 in Accordance with Article XIII-B of the Constitution of the State of California;” and 3) Adopt Resolution No. 2023-49, titled “A Resolution of the City Council of the City of Encinitas Approving Titles and Pay Ranges for the City of Encinitas for Fiscal Year 2023-24.” Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None.

Absent: None.
10D. Approve Amendment #1 to the Retainer Agreement for City Attorney Services between the City of Encinitas and Jones Mayer. Contact Person: Administrative Services Director Schwarm
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 Amendment #1 to the Retainer Agreement for City Attorney Services between the City of Encinitas and Jones Mayer, effective July 1, 2023.

City Attorney Preziosi announced that he would recuse himself from this item and left the Council Chambers at 10:16 p.m.

Administrative Services Director Schwarm presented the staff report.

COUNCIL ACTION:

Ehlers moved, Lyndes seconded to approve Amendment #1 to the Retainer Agreement for City Attorney Services between the City of Encinitas and Jones Mayer, effective July 1, 2023. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.

City Attorney Preziosi returned to the Council Chambers at 10:21 p.m.

11. INFORMATIONAL ITEMS
There were no informational items.

DocuSign Envelope ID: 72A4B010-613B-455A-AC53-E56B3F5F2692

6/21/2023 Regular Meeting

6/21/2023 Regular Meeting Page 13 Mtg. #2023-____, Bk#39, Page __

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

No City Council Member reports were given.

14. CITY MANAGER REPORTS

City Manager Antil reported that Stonesteps Beach access had reopened.

15. CITY ATTORNEY REPORTS

No City Attorney Report was given.

16. ADJOURNMENT

Mayor Kranz adjourned the meeting at 10:22 p.m. in memory of Edwin Turner.

_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers
Deputy City Clerk
DocuSign Envelope ID: 72A4B010-613B-455A-AC53-E56B3F5F2692

← All documents from this meeting