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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
AUGUST 9, 2023, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Kranz called the meeting to order at 6:01 p.m.
2. ROLL CALL
Present: Mayor Tony Kranz, Deputy Mayor Joy Lyndes, Council Members Allison Blackwell, Bruce Ehlers, and Kellie Shay Hinze
Absent: None
Also present: City Manager Antil, City Attorney Preziosi, Development Services Director Sapa’u, Parks, Director of Engineering Bankston, City Traffic Engineer Bandegan, City Clerk Hollywood, and Deputy City Clerk Weichers
There being a quorum present, the meeting was in order.
3. PLEDGE OF ALLEGIANCE
Mayor Kranz announced that Oral Communications would be heard prior to the Special Presentation (Consent Calendar item 4A).
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Mark Miville spoke regarding various topics.
Jeff Wetteland spoke regarding road safety on Eolus Avenue.
Becky Rapp spoke regarding marijuana storefronts.
Marianne King spoke regarding the Piraeus Point project.
Dennis Kaden spoke regarding paving on Leucadia Boulevard.
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
4A. Presentation of Proclamation recognizing the Solana Center’s 40th Anniversary.
Mayor Kranz presented the proclamation to Jessica Toth, Executive Director of the Solana Center, board members, staff, and volunteers.
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6. REPORT FROM CLOSED SESSION
Mayor Kranz reported the following for Closed Session Agenda Item 1: Conference with Real Property Negotiator under the authority of Government Code Section 54956.8 to negotiate the purchase of the parcels on the Northeast Corner of La Costa Avenue and Highway 101, officially known as 100 & 200 Carlsbad Boulevard, APN 216-042-01-00 and APN 216-042-05-00. Council voted 5-0 to approve the purchase and sale agreement with the owner of the Surfer’s Point property. The price agreed to is $6,000,000. We are now moving into the due diligence period of 45 days and escrow is scheduled to close by September 29, 2023. Council also authorized disbursement, as required in the agreement, to put a deposit of $100,000 into escrow. Council authorized the subcommittee to waive contingencies if the reports from due diligence including appraisals, Phase I environmental, and surveys are without any issues. The Purchase and Sales Agreement is available from the City Clerk’s Office.
City Attorney Preziosi reported the following: Regarding Closed Session Agenda Item 2 there was no reportable action; Regarding Closed Session Agenda Item 3 there was no reportable action; Closed Session Item 4 was not heard during the meeting and will be continued to a future Closed Session; and Regarding Closed Session Item 5 there was no reportable action.
7. CHANGES TO THE AGENDA
City Clerk Hollywood announced minor edits to Consent Calendar Items 8B (Page 30 of 35) and Item 8D (Resolution Page 5 of 6).
8. CONSENT CALENDAR
Council Member Ehlers asked a clarifying question regarding Consent Calendar Item 8G, which was answered by staff.
COUNCIL ACTION:
Ehlers moved, Hinze seconded to close and adopt the Consent Calendar.
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 21, 2023, Special Joint Meeting with the Planning Commission; June 21, 2023, Regular Meeting; June 28, 2023, Special Meeting; June 28, 2023, Regular Meeting; June 29, 2023, Special DocuSign Envelope ID: 439F88A1-BBDD-4921-A192-E61822F0D50F
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Closed Session Meeting; July 5, 2023, Special Closed Session Meeting, and July 20, 2023, Special Closed Session Meeting. Contact Person: City Clerk Hollywood
Recommended Action: Approve the Minutes.
8C. Approval of the Warrants List (Register of Demands). Contact Person:
Finance Manager Dinh
Recommended Action: Staff recommends that the City Council review and approve the warrants.
8D. Acceptance of the Leucadia Streetscape Safety and Mobility Improvements Project (CS22F). Contact Person: Principal Engineer Widelski Environmental Considerations: The project being considered by the City Council was evaluated pursuant to the California Environmental Quality Act, which resulted in the Final Environmental Impact Report for the North Coast Highway 101 Streetscape Improvement Project (10-035 DR/CDP/EIR and 10-036 GPA/SPA/LCPA).
Recommended Action: 1) Authorize the filing of the Notice of Completion for the subject project; 2) Authorize the release of the payment bond in full upon the recording of the Notice of Completion; 3) Authorize the release of the performance bond in full one (1) year after the recording of the Notice of Completion; and 4) Adopt City Council Resolution No. 2023-63, titled “A Resolution of the City of Encinitas City Council Accepting the Leucadia Streetscape Safety and Mobility Improvements Project” accepting the public improvements for the Leucadia Streetscape Safety and Mobility Improvements Project as complete to the satisfaction of the City. 8E. Authorization to Purchase Replacement Combination Sewer and Storm Drain Cleaning Truck. Contact Person: Management Analyst Horn Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: 1) Authorize the replacement/purchase of the described equipment from Municipal Maintenance Equipment in accordance with the proposal, for an amount not-to exceed $614,121 ($584,877, plus a five percent contingency of $29,244); 2) Adopt Resolution 2023-91, titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2023-24 Budget” approving an off-cycle appropriation to the Fiscal Year 2023-24 operating budget for the DocuSign Envelope ID: 439F88A1-BBDD-4921-A192-E61822F0D50F
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Equipment Replacement Fund (Fund 623); 3) Authorize the Finance Director to seek lease-financing for the purchase, in accordance with Council Policy F030 to finance equipment purchases of $100,000 or more, under terms and conditions acceptable to the Finance Director; and 4) Adopt Resolution 2023-92, titled “A Resolution of the City Council of the City of Encinitas Declaring its Intent to Issue Tax-Exempt Financing to be Used to Reimburse the City of Qualified Expenditures Prior to the Issuance of Such Financing.”
8F. Acceptance of the following FY 2022-23 Quick-Build Projects: Cardiff Sports Park Backstop Replacement (CP04G), La Costa Walkway Project (CS18E and CS11C), La Costa Walkway Extension Project (CS18E), Manchester Avenue Pedestrian Improvements Project (CS18E and CS01E), Manchester Avenue Guardrail Project (CS18E), North Coast Highway 101 Bike Lane Revisions Project (CS04D), and the Rancho Santa Fe Drive ADA Ramps Project (CS16C). Contact Person: Management Analyst Brown
Environmental Considerations: The actions being considered by the City Council are exempt from the California Environmental Quality Act (CEQA) because they are not “projects” under Section 15378(b)(5) of CEQA Guidelines. The actions involve an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: 1) Authorize the filing of the Notices of Completion for the subject projects; 2) Authorize the release of payment (labor & materials) bonds for the applicable subject projects in full upon the recording of the Notices of Completion; 3) Authorize the release of performance bonds for the applicable subject projects in full upon the recording of the Notices of Completion; 4) Authorize the release of maintenance bonds for the applicable subject projects in full one (1) year after the recording of the Notices of Completion; 5) Adopt City Council Resolution 2023-77 titled “A Resolution of the City of Encinitas City Council Accepting the Cardiff Sports Park Backstop Replacement Project” accepting the public improvements as complete to the satisfaction of the City; 6) Adopt City Council Resolution 2023-78 titled “A Resolution of the City of Encinitas City Council Accepting the La Costa Walkway Project” accepting the public improvements as complete to the satisfaction of the City; 7) Adopt City Council Resolution 2023-79 titled “A Resolution of the City of Encinitas City Council Accepting the La Costa Walkway Extension Project” accepting the public improvements as complete to the satisfaction of the City; 8) Adopt City Council Resolution 2023-80 titled “A Resolution of the City of Encinitas City Council Accepting the Manchester Avenue Pedestrian Improvements Project” accepting the public improvements as complete to the satisfaction of the City; 9) Adopt City Council Resolution 2023-81 titled “A Resolution of the City of Encinitas City Council Accepting the Manchester Avenue Guardrail Project” accepting the public improvements as complete to the DocuSign Envelope ID: 439F88A1-BBDD-4921-A192-E61822F0D50F
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satisfaction of the City; 10) Adopt City Council Resolution 2023-82 titled “A Resolution of the City of Encinitas City Council Accepting the North Coast Highway 101 Bike Lane Revisions Project” accepting the public improvements as complete to the satisfaction of the City; and 11) Adopt City Council Resolution 2023-83 titled “A Resolution of the City of Encinitas City Council Accepting the Rancho Santa Fe Drive ADA Ramps Project” accepting the public improvements as complete to the satisfaction of the City.
8G. Ratify a Grant Application for the United States Department of Transportation (DOT) FY2023 Safe Streets and Roads for All (SS4A) program for the La Costa Avenue Pedestrian Improvements Project.
Contact Person: Senior Engineer Cabrera
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: Ratify the grant application to the United States Department of Transportation Safe Streets and Roads for All for the La Costa Avenue Pedestrian Improvements Project grant.
8H. Adopt 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 involved 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. 2023-06 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.”
8I. Amendment No. 2 to the Contract for Monitoring and Service of Fire and Security Alarm Systems between the City of Encinitas and Progressive Technology Security Systems, Inc. Contact Person: Senior Management Analyst Stratakis
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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 and authorize the City Manager, or her designee, to execute Amendment No. 2 to the Contract for Monitoring and Service of Fire and Security Alarm Systems between the City of Encinitas and Progressive Technology Security Systems, Inc., in substantial form, in consultation with the City Attorney. Amendment No. 2 increases the original contract in an amount of $71,333, for a total contract amount not-to-exceed $725,760.
8J. Emergency Declaration: Sewer Line Failure at Swami’s Beach Restrooms, 1298 South Coast Hwy 101. 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 sewer system at Swami’s Beach restrooms under the Emergency Declaration.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR Staff reports will be given only if requested by the person who pulled the item.
10. ACTION ITEMS To speak on action items, please submit a “PINK” speaker slip to the City Clerk. Each speaker is allowed three (3) minutes to address the City Council. A maximum of two time donations per speaker is allowed (no more than 9 minutes total); the person donating time must be present.
Mayor Kranz announced that Action Item 10C would be heard first. 10C. All-Way Stop Control (AWSC) at the Intersection of Eolus Avenue, Andrew Avenue and Hillcrest Drive. Contact Person: City Traffic Engineer Bandegan
Environmental Considerations: The proposed action 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. The proposed project involves signing and striping DocuSign Envelope ID: 439F88A1-BBDD-4921-A192-E61822F0D50F
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changes on an existing public street and does not create additional automobile lanes and meets the CEQA criteria for this exemption.
Recommended Action: Adopt resolution 2023-96 titled, “A Resolution of the City of Encinitas City Council Establishing All-Way Stop Control at the intersection of Eolus Avenue, Andrew Avenue and Hillcrest Drive.” Traffic Engineer Bandegan presented the staff report.
SPEAKERS:
Derek Sciacqua, Tom Leedy, Kourish Mehrayin, Erik Gilmer, Jamie Simon, Lisa Curry, Scott Campbell, Russell Levan, Mike Lewis, Cameron Goodsell, and Travis Westermeyer spoke regarding this item.
COUNCIL ACTION:
Lyndes moved, Ehlers seconded to: 1) Adopt Resolution 2023-96 titled, “A Resolution of the City of Encinitas City Council Establishing All-Way Stop Control at the intersection of Eolus Avenue, Andrew Avenue and Hillcrest Drive,” with the following direction to staff:
remove unnecessary signs and striping, move the stop signs closer together if possible; and evaluate parking as stated by the Traffic Engineer. Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: Hinze. Absent: None.
The Mayor called the meeting into a recess at 7:48 p.m., and reconvened the meeting at 7:59 p.m.
10A. 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: Housing Services Manager 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.
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 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.
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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 to Adopt Amendments to the General Plan Safety Element, Resource Management Element Policy 10.1 and the Local Coastal Program”; 2) Adopt City Council Resolution No. 2023-51 titled “A Resolution of the City Council of the City of Encinitas 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”; and 3) Receive and file the Climate Adaptation Vulnerability Assessment that was completed as a part of the Safety Element Update.
Mayor Kranz stated that this was a continued public hearing.
Senior Planner Dacey, Consultant Aaron Pfannenstiel from Atlas Planning Solutions, and Associate Planner Cvetko presented the staff report.
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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 8:05 p.m.
SPEAKERS:
Suzanne Klausenstock and Amy McCord spoke regarding this item.
Mayor Kranz closed the public hearing at 8:11 p.m.
COUNCIL ACTION:
Ehlers moved, Kranz seconded to: 1) Adopt City Council Resolution No. 2023-50 titled “A Resolution of the City Council of the City of Encinitas to Adopt Amendments to the General Plan Safety Element, Resource Management Element Policy 10.1 and the Local Coastal Program”; 2) Adopt City Council Resolution No. 2023-51 titled “A Resolution of the City Council of the City of Encinitas 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”; and 3) Receive and file the Climate Adaptation Vulnerability Assessment that was completed as a part of the Safety Element Update. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
10B. City Council review and approval of the responses to the May 9, 2023, San Diego County Grand Jury Report on the topic of “Housing in San Diego County.” Contact Person: Housing Services Manager Dacey and Planning Manager Anders
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 submit the responses to the findings and recommendations included in the May 9, DocuSign Envelope ID: 439F88A1-BBDD-4921-A192-E61822F0D50F
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2023, San Diego County Grand Jury Report on the topic of “Housing in San Diego County” to the Presiding Judge of the San Diego Superior Court.
Planning Manager Anders presented the staff report.
SPEAKERS:
Scott Campbell and Dolores Welty spoke regarding this item.
COUNCIL ACTION:
Hinze moved, Blackwell seconded to authorize the City Manager to submit the responses to the findings and recommendations included in the May 9, 2023, San Diego County Grand Jury Report on the topic of “Housing in San Diego County” to the Presiding Judge of the San Diego Superior Court. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. 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 Hinze reported on a North County Transit District and San Diego Community Power meeting.
Deputy Mayor Lyndes reported on San Diego County Water Authority and Encina Wastewater Authority meetings.
Mayor Kranz reported on a SANDAG meeting and recent concerts held at the Encinitas Library.
14. CITY MANAGER REPORTS
No City Manager Report was given.
15. CITY ATTORNEY REPORTS
No City Attorney Report was given.
City Clerk Hollywood reported that applications for the newly formed Public Health and Safety Commission would be available by the end of the week and there was also one unscheduled vacancy on the Urban Forest Advisory Committee (UFAC).
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16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 8:39 p.m., in memory of Fred Caldwell.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers
Deputy City Clerk
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