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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
AUGUST 16, 2023, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Kranz called the meeting to order at 6:00 p.m.
2. ROLL CALL
Present: Mayor Tony Kranz, Deputy Mayor Joy Lyndes, Council Members Allison Blackwell, Bruce Ehlers, and Kellie Shay Hinze
Absent: None
Also present: City Manager Antil, City Attorney Preziosi, Development Services Director Sapa’u, 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
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
4A. Presentation of the Quarterly Sheriff’s Update.
Sheriff’s Captain Lawrence provided the quarterly Sheriff’s update and responded to questions from the Council.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Trina Priest spoke regarding marijuana.
Wendy Schelew spoke regarding permit parking.
Mark Miville spoke regarding various issues.
Tim Bratton spoke regarding rail safety crossings.
Jeryl Anne Kessler spoke regarding the Staver project on Melba Road.
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6. REPORT FROM CLOSED SESSION
City Attorney Preziosi reported that the City Council held a Closed Session at approximately 3:30 p.m., to consider four items, and there were no reportable actions. City Attorney Preziosi also announced that for Closed Session Item 1, Council Member Ehlers had recused himself, and for Closed Session Item 3 Council Member Hinze had recused herself.
7. CHANGES TO THE AGENDA
There were no changes to the posted agenda.
8. CONSENT CALENDAR
City Clerk Hollywood announced that Item 8G was being pulled from the Consent Calendar by members of the public.
Council Member Ehlers pulled Item 8F from the Consent Calendar.
COUNCIL ACTION:
Hinze moved, Ehlers seconded to close and adopt the Consent Calendar with the exception of Items 8F and 8G. 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 Warrants List (Register of Demands). Contact Person:
Finance Manager Dinh
Recommended Action: Staff recommends that the City Council review and approve the warrants.
8C. Memorandum of Understanding between the City of Encinitas and the Encinitas Chamber of Commerce for a community special event. Contact Person: Recreation Services Manager Hamer
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.
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Recommended Action: Approve and authorize the City Manager in coordination with the City Attorney, to execute a Memorandum of Understanding (MOU) in substantial form, between the City of Encinitas and the Encinitas Chamber of Commerce to provide a Health and Wellness Expo scheduled for Saturday, February 10, 2024, at the Encinitas Community and Senior Center.
8D. Amendment No. 1 for as-needed Citywide graffiti abatement and property cleanup services with Can-Do Maintenance, Inc. Contact Person: Parks 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 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 Amendment No. 1 with Can-Do Maintenance, Inc. for Citywide graffiti abatement services, in conjunction with the City Attorney in substantial form, adding services for the Parks, Recreation and Cultural Arts Department, and increasing the agreement not to exceed amount by $40,000 annually to $124,000 and a total not to exceed of $372,000 for the initial three-year term.
8E. 2022 State Homeland Security Program Grant in the amount of $32,928 for the Installation of Electronic Security Gates at Fire Station #4 and Proposed Off-cycle Fiscal Year 2023-24 Budget Amendment. Contact Person: Fire Administrative Manager 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: 1) Accept $32,928 in federal funds from a 2022 State Homeland Security Program (SHSP) grant awarded to the City of Encinitas for the installation of electronic security gates at Fire Station #4; 2) Authorize the Fire Chief, or his designee, to sign and submit the required California Governor's Office of Emergency Services Standard Assurances for Cal OES Federal Non-Disaster Grant Programs; and 3) Adopt Resolution Number 2023-97, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget” to appropriate the grant amount and additional funding for the gate.
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9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8F. Ratify grant application to San Diego Association of Governments (SANDAG) Housing Acceleration Grant Program (HAP) Cycle 2 for the Regional Early Action Planning 2.0 Grant Program (REAP) for an amount of $573,000. Contact Person: 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: Adopt Resolution No. 2023-95 titled “A Resolution of the City Council of the City of Encinitas, California, Ratifying and Authorizing the Filing of an Application for Grant Funds from the San Diego Association of Governments and Accepting the Terms of the Grant Agreement” and authorize the City Manager to enter into, execute and deliver an agreement with SANDAG for an amount to be awarded.
Development Services Director Sapa’u and Planning Manager Anders presented the staff report and responded to questions from Council Member Ehlers.
COUNCIL ACTION:
Lyndes moved, Hinze seconded to adopt Resolution No. 2023-95 titled “A Resolution of the City Council of the City of Encinitas, California, Ratifying and Authorizing the Filing of an Application for Grant Funds from the San Diego Association of Governments and Accepting the Terms of the Grant Agreement” and authorize the City Manager to enter into, execute and deliver an agreement with SANDAG for an amount to be awarded. Motion Carried. Ayes: Blackwell, Hinze, Kranz, and Lyndes. Nays: Ehlers. Absent: None.
8G. Adoption of City Council Resolution 2023-93 reducing the speed limit on South Coast Highway 101. Contact Person: Traffic Engineer Bandegan Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because reducing a speed limit is not a “project” that has the potential to result in a direct or reasonably foreseeable indirect physical change in the environment pursuant to Section 15378(a) of the CEQA Guidelines.
Recommended Action: Adopt City Council Resolution 2023-93, titled “A Resolution of the City Council of the City of Encinitas, California, DocuSign Envelope ID: 06738E1A-F696-4B2D-84F1-44A502B64FE1
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Establishing Speed Limit on South Coast Highway 101,” reducing the speed limit from 40 mph to 35 mph on South Coast Highway 101 between Swami’s Pedestrian Crossing and Chesterfield Drive.
Director of Engineering Bankston presented the staff report and responded to questions from the Council.
SPEAKERS:
Michael von Neumann, Judy Berlfein, June Honsberger, Chris Ryan, and Kendra Rowley spoke in support of the recommended action.
COUNCIL ACTION:
Lyndes moved, Ehlers seconded to adopt City Council Resolution 2023-93, titled “A Resolution of the City Council of the City of Encinitas, California, Establishing Speed Limit on South Coast Highway 101,” reducing the speed limit from 40 mph to 35 mph on South Coast Highway 101 between Swami’s Pedestrian Crossing and Chesterfield Drive. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
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.
10A. City Council to consider and direct staff to initiate an ordinance implementing new housing legislation that went into effect on July 1, 2023, as enacted under Assembly Bill (AB) 2011 and Senate Bill (SB) 6. 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 a direct or indirect physical change in the environment. Environmental review will be conducted in connection with and prior to the adoption of any resulting ordinances.
Recommended Action: 1) City Council to provide specific direction on key provisions to include in the ordinance; and 2) Adopt Resolution No. 2023- 98 titled “A Resolution of the City Council of the City of Encinitas, California, Directing Staff to Initiate Amendments to the Municipal Code and Local Coastal Program to Implement New Housing Bills AB 2011 and SB6 Allowing Qualifying Residential Development in Certain Zones Along Commercial Corridors.”
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Planning Manager Anders presented the staff report and responded to questions from the Council.
SPEAKER:
Dolores Welty spoke.
The City Council provided comments and potential provisions to be included in the proposed draft ordinance.
COUNCIL ACTION:
Hinze moved, Lyndes seconded to: 1) Adopt Resolution No. 2023-98 titled “A Resolution of the City Council of the City of Encinitas, California, Directing Staff to Initiate Amendments to the Municipal Code and Local Coastal Program to Implement New Housing Bills AB 2011 and SB6 Allowing Qualifying Residential Development in Certain Zones Along Commercial Corridors”; and 2) Directed staff to draft an Ordinance to include and incorporate allowable development standards as discussed by the Council. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
10B. Consideration of Introduction of Ordinance 2023-08 amending Encinitas Municipal Code (EMC) Chapter 2.12 Conflict of Interest Code, Section
2.12.060(C) Designated City Positions and Section 2.12.070 Boards, Commissions, and Committees. Contact Person: City Clerk Hollywood 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: Introduce Ordinance 2023-08 titled, “An Ordinance of the City Council of the City of Encinitas, California, Amending Encinitas Municipal Code Chapter 2.12 Conflict of Interest Code, Section
2.12.060(C) Designated City Positions and Section 2.12.070 Boards, Commissions, and Committees.”
City Clerk Hollywood presented the staff report.
SPEAKER:
Dolores Welty spoke.
COUNCIL ACTION:
Lyndes moved, Ehlers seconded to introduce Ordinance 2023-08 titled, “An Ordinance of the City Council of the City of Encinitas, California, Amending Encinitas Municipal Code Chapter 2.12 Conflict of Interest Code, Section 2.12.060(C) Designated City Positions and DocuSign Envelope ID: 06738E1A-F696-4B2D-84F1-44A502B64FE1
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Section 2.12.070 Boards, Commissions, and Committees.” 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 the appointment of an Interim Director of the North County Transit District and provided an update regarding the fine issued to San Diego Community Power from the CPUC.
14. CITY MANAGER REPORTS
City Manager Antil reported that the fall session of the Encinitas Academy begins on September 12, 2023.
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).
The deadline for both applications is September 7, 2023, at 5 p.m.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 8:26 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers
Deputy City Clerk
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