Cities Index.
Minutes, regular meeting

Encinitas City Council
June 28, 2023

Document
Minutes, regular meeting
Meeting
June 28, 2023
Body
Encinitas City Council
Pages
14
Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.

6/28/2023 Regular Meeting Page 1 Mtg. #2023-____, Bk#39, Page ____

MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
JUNE 28, 2023, 6:00 P.M., 505 SOUTH VULCAN AVENUE

1. CALL TO ORDER

Mayor Kranz called the meeting to order at 6:39 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: Acting City Manager/Assistant City Manager Campbell, City Attorney Preziosi, Development Services Director Sapa’u, Parks, Recreation and Cultural Arts Director Karlen, 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 July as Parks and Recreation Month.

Mayor Kranz presented the proclamation to Travis Karlen, Director, Parks, Recreation and Cultural Arts and members of the Parks, Recreation and Cultural Arts staff.

5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF

Mark Miville spoke regarding various topics.

Allen Largent spoke regarding establishments downtown.

Nancy Perry-Sheridan spoke regarding marijuana storefronts.

Patty Stottlemyer spoke regarding housing.

6. REPORT FROM CLOSED SESSION

No Closed Session Meeting was held.

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

6/28/2023 Regular Meeting

6/28/2023 Regular Meeting Page 2 Mtg. #2023-____, Bk#39, Page __

7. CHANGES TO THE AGENDA

There were no changes to the posted agenda.

8. CONSENT CALENDAR

Council Member Ehlers removed Item 8F from the Consent Calendar.

COUNCIL ACTION:

Ehlers moved, Lyndes seconded to close and adopt the Consent Calendar with the exception of Item 8F. 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 14, 2023, Special-Closed Session Meeting and June 14, 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.
8D. Adopt Ordinance No. 2023-05 to amend Title 14, Chapters 14.06 and 14.56 of the Encinitas Municipal Code adopting changes pertaining to the operation of bicycles within the City. 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 15061(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 Ordinance No. 2023-05, tilted “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.”
DocuSign Envelope ID: 72A4B010-613B-455A-AC53-E56B3F5F2692

6/28/2023 Regular Meeting

6/28/2023 Regular Meeting Page 3 Mtg. #2023-____, Bk#39, Page __

8E. Legislative position letters submitted to City Council for consideration.

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: 1) Ratify Support Letter for AB 1657 The Affordable Housing Bond Act of 2024 (Wicks); and 2) Ratify Support Letter for SB 1514 and HR 3170 - The Homes for Every Local Protector, Educator, and Responder (HELPER) Act (Rubio, Ossoff, Brown, Warnock, Menendez, Cortez-Masto, Blumenthal) (Rutherford, Watson-Coleman). 8G. 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 June 15, 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).
8H. Award a Construction Contract and Construction Management and Inspection Services Contract for 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 site. Maintenance and repair are proposed on existing public streets but do not create additional automobile lanes. The proposed project meets the criteria for this exemption.

Recommended Action: 1) Authorize the City Manager, or designee, to execute a contract in substantial form, and any necessary amendments and time extensions in consultation with the City Attorney, with Eagle Paving Company, Inc. dba Toro Engineering, in the amount of $3,428,360 plus 15 DocuSign Envelope ID: 72A4B010-613B-455A-AC53-E56B3F5F2692

6/28/2023 Regular Meeting

6/28/2023 Regular Meeting Page 4 Mtg. #2023-____, Bk#39, Page __

percent contingency ($514,254) for a total not-to-exceed construction contract amount of $3,942,614 including any future contract amendments for construction of the FY 2022-23 Citywide Street Overlay and Slurry Seal Project (CS23A); 2) Authorize the City Manager, or designee, to execute a contract in substantial form, and any necessary amendments and time extensions in consultation with the City Attorney, with Reddy Engineering (RE) Services, Inc., in the amount of $272,553 plus 15 percent contingency ($40,883) for a total not-to-exceed contract amount of $313,436 including any future contract amendments for the construction management and inspection services for the FY 2022-23 Citywide Street Overlay and Slurry Seal Project (CS23A); and 3) Adopt City Council Resolution 2023-85 titled, “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2023-24 Budget” to appropriate $134,000 to FY 2022-23 Citywide Street Overlay and Slurry Seal Project (CS23A). 8I. 2022 Climate Action Plan Annual Report. 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 Section 15378(c)(3) and Section 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 physical change in the environment.

Recommended Action: Approve the 2022 Climate Action Plan (CAP) Annual Report.
8J. Memorandum of Understanding between the City of Encinitas and Encinitas Friends of the Arts (EFA). Contact Person: Parks, Recreation, and Cultural Arts Director Karlen
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 to execute a Memorandum of Understanding with Encinitas Friends of the Arts, in conjunction with the City Attorney in substantial form, to elevate arts and culture in the community through advocacy and support of quality arts and cultural programs and events in the community through June 30, 2024. 8K. Grant application for the FEMA Hazard Mitigation Grant Program for Lake Drive Storm Drain Improvement Project. Contact Person: Engineer II Stryker
DocuSign Envelope ID: 72A4B010-613B-455A-AC53-E56B3F5F2692

6/28/2023 Regular Meeting

6/28/2023 Regular Meeting Page 5 Mtg. #2023-____, Bk#39, Page __

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(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: Authorize the City Manager, or designee, to apply for the FEMA Hazard Mitigation Grant Program for construction of the Lake Drive Storm Drain Improvement Project.
8L. Approval of a budget amendment for Summer Recreation Camps. Contact Person: Senior Management Analyst Lisenbee
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 organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.

Recommended Action: Approve City Council Resolution No. 2023-84, titled, “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2022-23 Adopted Budget” for Summer Recreation Camps.
8M. Far South/Border North Grant from the San Diego Regional Arts and Culture Coalition and their regional partners including the City of San Diego, The San Diego Foundation, and Catalyst of San Diego & Imperial Counties.

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) Approve a Resolution titled, “A Resolution of the City Council of the City of Encinitas, California, Approving the Application for Grant Funds from the Far South/Border North Grant Program” authorizing an application for grant funds from the Far South/Border North grants program from the San Diego Regional Arts and Culture Coalition and their regional partners including the City of San Diego, The San Diego Foundation, and Catalyst of San Diego & Imperial Counties; and 2) Authorize the City Manager to enter into an agreement with the San Diego Regional Arts and Culture Coalition and their regional partners including the City of San Diego, The San Diego Foundation, and Catalyst DocuSign Envelope ID: 72A4B010-613B-455A-AC53-E56B3F5F2692

6/28/2023 Regular Meeting

6/28/2023 Regular Meeting Page 6 Mtg. #2023-____, Bk#39, Page __

of San Diego & Imperial Counties, in conjunction with the City Attorney, subject to future City Council budget appropriations.
8N. Amendment #1 to the Interwest Contract Agreement for Continued Contractual Support through Fiscal Year 2024-25. Contact Person:

Principal Engineer Strizic
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.

Recommended Action: Authorize the City Manager, or designee, in consultation with the City Attorney, to execute, contract Amendment #1, with Interwest for continued services by $200,000, for a total not-to-exceed contract amount of $295,000, and to extend the terms through June 30, 2025.
8O. Contract for engineering and construction inspection services for private development between the City of Encinitas and Ardurra Group, Inc. Contact Person: Principal Engineer Strizic
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. The Climate Action Plan is not related to this item.

Recommended Action: Authorize the City Manager, or designee, in consultation with the City Attorney, to execute a contract with Ardurra Group, Inc. for engineering inspection services related to private land development projects, in substantial form, in an amount not to exceed $970,000 for FY 2023-24, $989,400 for FY 2024-25, and $1,009,188 for FY 2025- 26, for a three-year term, with options to extend, upon mutual consent, for two additional one year terms in an amount not to exceed $1,029,372 for FY 2026-27, and $1,049,959 for FY 2027-2028; and not to exceed five years total and a total contract cost not to exceed $5,047,919.

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

6/28/2023 Regular Meeting

6/28/2023 Regular Meeting Page 7 Mtg. #2023-____, Bk#39, Page __

8P. Reauthorization of the Opening Doors Program for FY 2023-24. Contact Person: Senior Planner Dacey
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) Review the seventh year (FY 2022-23) results to date of the Opening Doors Program; and 2) Authorize the City Manager to execute a Memorandum of Understanding with the Community Resource Center (CRC), in an amount not to exceed $138,700, for implementation of the eighth year of the Opening Doors Program in the City of Encinitas in substantial form, subject to the review and approval of the City Attorney.

9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8F. One-Year Management Services Agreements between the City and Encinitas 101 Main Street Association, Leucadia 101 Main Street Association, Cardiff 101 Main Street Association, and the Encinitas Chamber of Commerce. 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 Approve 1) One-year management services agreement with Encinitas 101 Main Street Association in the amount of $35,000 for Fiscal Year 2023-24; 2) One-year management services agreement with Leucadia 101 Main Street Association in the amount of $35,000 for Fiscal Year 2023-24; 3) One-year management services agreement with Cardiff 101 Main Street Association in the amount of $35,000 for Fiscal Year 2023-24; and 4) One-year management services agreement with Encinitas Chamber of Commerce (Chamber) in the amount of $40,000 for Fiscal Year 2023-24.

Council Member Ehlers asked clarifying questions regarding the agreements.

COUNCIL ACTION:

Ehlers moved, Kranz seconded to: 1) Approve one-year management services agreement with Encinitas 101 Main Street Association in the DocuSign Envelope ID: 72A4B010-613B-455A-AC53-E56B3F5F2692

6/28/2023 Regular Meeting

6/28/2023 Regular Meeting Page 8 Mtg. #2023-____, Bk#39, Page __

amount of $35,000 for Fiscal Year 2023-24; 2) Approve ne-year management services agreement with Leucadia 101 Main Street Association in the amount of $35,000 for Fiscal Year 2023-24; 3) Approve one-year management services agreement with Cardiff 101 Main Street Association in the amount of $35,000 for Fiscal Year 2023- 24; 4) Approve one-year management services agreement with Encinitas Chamber of Commerce (Chamber) in the amount of $40,000 for Fiscal Year 2023-24; and 5) Direction to staff to agendize a policy discussion regarding Community Grant Allocations to include the relationship to Economic Development and establishment of metrics.

Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays:

Hinze. Absent: None.

10. ACTION ITEMS
10A. Public hearing to consider a timely appeal filed by Chandra Slaven on May 18, 2023 (Case No. APPEAL-006269-2023) of the Planning Commission’s approval of a Major Use Permit and Coastal Development Permit (Case Nos. MULTI-005456-2022; USE-005458-2022; CDP-005457-2022) to allow the removal and replacement of the existing parking lot pavement to construct a new parking lot area beyond the existing failure plane on the bluff at Beacon’s Beach and temporary construction staging area in the parking lot located at 948 Neptune Avenue (APN: 254-040-31).

APPELLANT: Chandra Slaven APPLICANT: The City of Encinitas. Contact Person: Coastal Zone Administrator Mierau
Environmental Considerations: The project has been determined to be exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15311 and Section 15304(e).

Section 15311 exempts the construction or replacement of minor structures including small parking lots. The request to authorize the removal and replacement of the existing parking lot pavement to construct a new parking lot area beyond the existing failure plane on the bluff at Beacon’s Beach.

Section 15304(e) exempts the temporary construction staging area for the duration of the project. None of the exceptions in CEQA Guidelines Section 15300.2 exists and no historic resources would be impacted by the proposed project.

Recommended Action: Adopt Resolution No. 2023-73, “A Resolution of the City Council of the City of Encinitas Denying an Appeal and Affirming the Planning Commission's Decision Approving a Major Use Permit and Coastal Development Permit to Allow for the Removal of the Existing Parking Lot Pavement and Construction of a New Parking Lot Area Beyond the Existing Failure Plane on the Bluff at Beacon’s Beach and for a Temporary Construction Staging Area in the Parking Lot for the Property Located at 948 Neptune Avenue (CASE NOS. MULTI-005456-2022; USE- 005458-2022; CDP-005457-2022; APPEAL-006269-2023; APN: 254-040- 31)”, thus denying the appeal and affirming the Planning Commission’s DocuSign Envelope ID: 72A4B010-613B-455A-AC53-E56B3F5F2692

6/28/2023 Regular Meeting

6/28/2023 Regular Meeting Page 9 Mtg. #2023-____, Bk#39, Page __

decision approving a Major Use Permit and Coastal Development Permit to allow the removal and replacement of the existing parking lot pavement to construct a new parking lot area beyond the existing failure plane on the bluff at Beacon’s Beach and temporary construction staging area in the parking lot at 948 Neptune Avenue, based on the findings contained within Planning Commission Resolution No. PC 2023-06.

Coastal Zone Administrator Mireau, Engineer II Stryker, and David Schug, Principal Engineering Geologist from AECOM 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 reported that he previously heard a similar item as Vice-Chair of the Planning Commission, in 2018.

Council Member Hinze had no disclosures.

Deputy Mayor Lyndes had no disclosures.

Mayor Kranz had no disclosures.

Mayor Kranz opened the public hearing at 7:48 p.m.

Chandra Slaven, representing the appellant, presented the appeal.

SPEAKERS:

Roberta Slowikowska, Michael Conway, and Matthew Gordon spoke in support of the appeal.

Mitch Silverstein and Jim Jaffee spoke in support of denying of the appeal.

Matthew Gordon presented the appellants rebuttal.

The Mayor called the meeting into a recess at 8:19 p.m., and reconvened the meeting at 8:33 p.m.

Mayor Kranz closed the public hearing at 8:49 p.m.

COUNCIL ACTION:

Hinze moved, Ehlers seconded to adopt Resolution No. 2023-73, “A Resolution of the City Council of the City of Encinitas Denying an Appeal and Affirming the Planning Commission's Decision Approving a Major Use Permit and Coastal Development Permit to Allow for the Removal of the Existing Parking Lot Pavement and Construction of a New Parking Lot Area Beyond the Existing Failure Plane on the Bluff at Beacon’s Beach and for a Temporary Construction Staging Area in DocuSign Envelope ID: 72A4B010-613B-455A-AC53-E56B3F5F2692

6/28/2023 Regular Meeting

6/28/2023 Regular Meeting Page 10 Mtg. #2023-____, Bk#39, Page __

the Parking Lot for the Property Located at 948 Neptune Avenue (CASE NOS. MULTI-005456-2022; USE-005458-2022; CDP-005457- 2022; APPEAL-006269-2023; APN: 254-040-31)”, thus denying the appeal and affirming the Planning Commission’s decision approving a Major Use Permit and Coastal Development Permit to allow the removal and replacement of the existing parking lot pavement to construct a new parking lot area beyond the existing failure plane on the bluff at Beacon’s Beach and temporary construction staging area in the parking lot at 948 Neptune Avenue, based on the findings contained within Planning Commission Resolution No. PC 2023-06.

Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes.

Nays: None. Absent: None.
10B. Continuation of Public Hearing and Consideration of Adopting Parks and Recreation User Fee Adjustments; and Establishing the Pass-Through of Actual Credit/Debit Card Transaction and Recreation Software Processing Fees; and annual CPI adjustments from May 24, 2023. Contact Person:

Parks, Recreation and Cultural Arts Director Karlen
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 the Parks and Recreation user fees as recommended by the Parks and Recreation Commission with the addition of cancellation fees for Recreation Programs and adjustments by staff regarding Athletic Field Use Fees; 2) Adopt the establishment of pass- through of actual credit card and debit card transaction processing fees and permit processing fees through the registration software, effective August 1, 2023; 3) Adopt a fee adjustment each fiscal year by the Consumer Price Index (CPI) of the San Diego Region for the prior calendar year. The CPI will adjust as needed to reflect operational changes beginning August 1, 2024, and on the first day of each July thereafter; and 4) Approve City Council Resolution No. 2023-59, titled, “A Resolution of the City Council of the City of Encinitas Amending the Parks and Recreation User Fees.” Parks, Recreation, and Cultural Arts Director Karlen 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.

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

6/28/2023 Regular Meeting

6/28/2023 Regular Meeting Page 11 Mtg. #2023-____, Bk#39, Page __

Council Member Hinze had no disclosures.

Deputy Mayor Lyndes had no disclosures.

Mayor Kranz had no disclosures.

Mayor Kranz re-opened the public hearing at 8:54 p.m.

SPEAKERS:

George Hejduk and Tiana Hejduk spoke in opposition to the recommended action.

Mayor Kranz closed the public hearing at 9:02 p.m.

COUNCIL ACTION:

Kranz moved, Hinze seconded to: 1) Adopt the Parks and Recreation user fees as recommended by the Parks and Recreation Commission with the addition of cancellation fees for Recreation Programs and adjustments by staff regarding Athletic Field Use Fees; 2) Adopt the establishment of pass-through of actual credit card and debit card transaction processing fees and permit processing fees through the registration software, effective August 1, 2023; 3) Adopt a fee adjustment each fiscal year by the Consumer Price Index (CPI) of the San Diego Region for the prior calendar year. The CPI will adjust as needed to reflect operational changes beginning August 1, 2024, and on the first day of each July thereafter; 4) Approve City Council Resolution No. 2023-59, titled, “A Resolution of the City Council of the City of Encinitas Amending the Parks and Recreation User Fees,” amended to eliminate the hourly light fees for youth recreational and youth competitive groups; and 5) Direction to staff to return to the Council for approval of the annual CPI adjustment before implementation. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
10C. Public Hearing and Introduction of Ordinance No. 2023-06 adding Chapter

2.35 to the Encinitas Municipal Code to establish the Public Health and 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.

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

6/28/2023 Regular Meeting

6/28/2023 Regular Meeting Page 12 Mtg. #2023-____, Bk#39, Page __

Recommended Action: 1) Conduct a Public Hearing and 2) Introduce Ordinance No. 2023-06, titled “An Ordinance of the City Council of the City of Encinitas, California, Adding Chapter 2.35 (Public Health and Safety Commission) to Title 2 (Administration) of the Encinitas Municipal Code to Establish a Public Health and Safety Commission.”
Government & Community Relations Administrator Bates 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 at 9:24 p.m.

There were no public speakers.

Mayor Kranz closed the public hearing at 9:24 p.m.

COUNCIL ACTION:

Kranz moved, Blackwell seconded to Introduce Ordinance No. 2023- 06, titled “An Ordinance of the City Council of the City of Encinitas, California, Adding Chapter 2.35 (Public Health and Safety Commission) to Title 2 (Administration) of the Encinitas Municipal Code to Establish a Public Health and Safety Commission.” Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays:

None. Absent: None.
10D. Professional Services Agreement between the City of Encinitas (“City”) and Kosmont Companies to provide Surplus Lands Act real estate advisory services for the L-7 City owned site at 634 Quail Gardens Drive. Contact Person: Planning Manager Anders
Environmental Considerations: The action before the City Council is categorically 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.

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

6/28/2023 Regular Meeting

6/28/2023 Regular Meeting Page 13 Mtg. #2023-____, Bk#39, Page __

Recommended Action: Authorize the City Manager, in coordination with the City Attorney, to execute a second amendment to an existing Professional Services Agreement, in substantial form to add additional funding of $35,000 and extend the term of the contract to expire on February 2, 2026, and approve the Proposal of Services for additional real estate advisory services as outlined in Amendment No. 2.

Planning Manager Anders, Ken Hira from Kosmont Companies, and Special Counsel Barbara Kautz presented the staff report and responded to questions from the Council.

SPEAKERS:

James Stiven, Louise Julig, Theresa Beauchamp, Mali Woods, and Bob Kent spoke in support of the recommended action.

Steve Gerken spoke regarding this item.

Patty Stottlemyer registered support for the recommended action but chose not to speak.

Leslie Smith registered opposition for the recommended action but chose not to speak.

City staff and consultants responded to questions from the Council.

COUNCIL ACTION:

Hinze moved, Lyndes seconded to authorize the City Manager, in coordination with the City Attorney, to execute a second amendment to an existing Professional Services Agreement, in substantial form to add additional funding of $35,000 and extend the term of the contract to expire on February 2, 2026, and approve the Proposal of Services for additional real estate advisory services as outlined in Amendment No. 2. Motion Carried. Ayes: Blackwell, Hinze, Kranz, and Lyndes.

Nays: Ehlers. Absent: None.

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 Ehlers reported on attending an Encina Wastewater Authority Board Meeting.

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

6/28/2023 Regular Meeting

6/28/2023 Regular Meeting Page 14 Mtg. #2023-____, Bk#39, Page __

Deputy Mayor Lyndes reported that the SDCWA approved a 9.5% fee for water users in San Diego County.

Mayor Kranz reported on attending a SANDAG meeting that included a draft EIR to pull the Road User Charge from the 2021 Regional Transportation Plan.

14. CITY MANAGER REPORTS

Acting City Manager/Assistant City Manager Campbell reported that Marine Safety and Parks and Recreation would have increased patrols and staffing with the upcoming 4th of July Holiday.

15. CITY ATTORNEY REPORTS

No City Attorney Report was given.

16. ADJOURNMENT

Council Member Hinze adjourned the meeting at 10:43 p.m., in memory of Neil Glasgow.

_________________________ ____________________________ 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