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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
SEPTEMBER 20, 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 and Bruce Ehlers
Absent: Council Member Kellie Shay Hinze
Also present: City Manager Antil, City Attorney Preziosi, Deputy City Manager Sapa’u, 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 introduced Tucker Gann and Dylan Jacobson, 5th Graders at La Costa Heights Elementary School, who led the Pledge of Allegiance.
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
4A. Proclamation in recognition of Native American Day on September 22, 2023.
Mayor Kranz presented the proclamation to Jenny Alto,
Secretary/Treasurer of the San Pasqual Band of Mission Indians.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Raul Villamar spoke regarding parking downtown.
Scott Campbell spoke regarding various topics.
Sandra Anderson spoke regarding permit parking Zone D.
Teri Ann Skelly spoke regarding support for AB1207.
Carol Heil, Dianna Nunez, and June Honsberger spoke in support of the curb stop maintenance project on Vulcan Avenue.
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Elena Thompson spoke regarding homelessness.
Mark Miville spoke regarding various topics.
Sheila Cameron spoke regarding drug use and homelessness.
Daniel Molitor spoke regarding bicycle infrastructure and bike safety.
6. REPORT FROM CLOSED SESSION
No Closed Session Meeting was held.
7. CHANGES TO THE AGENDA
City Clerk Hollywood announced that Item 8H was being removed from the agenda by staff and would be placed on the September 27, 2023, City Council meeting agenda.
8. CONSENT CALENDAR
COUNCIL ACTION:
Ehlers moved, Blackwell seconded to close and adopt the Consent Calendar.
Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: None.
Absent: Hinze.
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 September 6, 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. Alert & Warning Memorandum of Agreement between the County of San Diego and the City of Encinitas. Contact Person: Fire Administrative Manager Jimenez
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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: Authorize the City Manager, or designee, in consultation with the City Attorney, to execute a Memorandum of Agreement with the County of San Diego for the Alert & Warning System in substantial form.
8E. Authorization to enter into a Professional Services Agreement with Water Works Engineers LLC to provide On Call Wastewater Engineering Services for various Engineering Task Orders. Contact Person: Senior Engineer Block
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: Authorize the City Manager, or designee, in consultation with the City Attorney, to execute an agreement with Water Works Engineers LLC for professional engineering services in substantial form, in the amount of $200,000 per year for a three-year term, with options to extend upon mutual consent, for two additional one-year terms in an amount not to exceed $200,000 per year for a not to exceed five year term and for a total agreement cost not to exceed $1,000,000. 8F. Amendment #1 to the RailPros agreement for the Leucadia At-Grade Rail Crossing project to add $374,925 for preliminary engineering and environmental development, and a formal application to the California Public Utilities Commission (CPUC). Contact Person: Principal Engineer Widelski
Environmental Considerations: The action to perform preliminary analysis and submit an application is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: Authorize the City Manager or designee to execute agreement Amendment #1 in substantial form and any necessary amendments and time extensions, in consultation with the City Attorney, DocuSign Envelope ID: 27C4E48C-E045-4B1C-BE68-61664CDB2B18
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with RailPros for $374,925 for preliminary engineering and environmental analysis and formal CPUC application preparation for two at-grade rail corridor crossings in Leucadia, for a new total agreement cost not-to-exceed $644,825.
8G. Authorization to enter into a Professional Services Agreement with Dudek to provide engineering services for the Sewer Risk Assessment and Improvement Implementation Plan. Contact Person: Senior Engineer Block Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: Authorize the City Manager, or designee, in consultation with the City Attorney, to execute an agreement with Dudek for professional engineering services in substantial form, and any necessary amendments and time extensions, in the amount of $275,140, together with a contingency of nine percent, equal to $24,763 for a total not-to-exceed amount of $299,903.
City Clerk Hollywood announced that Item 8H was being removed from the agenda by staff and would be placed on the September 27, 2023 City Council meeting agenda.
8H. Appointment to the Urban Forest Advisory Committee (UFAC) to fill one vacancy. 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: The City Council approve the Mayor’s recommendation to appoint Linda Schneider to the UFAC to fill one vacancy.
This item was removed from the agenda by staff and will be placed on the September 2, 2023, City Council agenda.
8I. Award a construction contract for the FY 2022-23 Safe Routes to School Project (CS01E) to Miramar General Engineering. Contact Person:
Engineer II Barr
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Environmental Considerations: The action being considered by the City Council 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.
Recommended Action: 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 Miramar General Engineering, in the amount of $113,350 plus 15 percent contingency of $17,003 for a total construction contract not-to-exceed amount of $130,353 for construction of the FY 2022-23 Safe Routes to School Project.
8J. Approve Amendment No. 2 to the Contract for Maintenance of Mechanical (HVAC) Systems at City Facilities Between the City of Encinitas and Countywide Mechanical Systems, LLC. 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: Approve and authorize the City Manager, or her Designee, to execute Amendment No. 2 to the Contract for Maintenance of Mechanical Systems at City Facilities between the City of Encinitas and Countywide Mechanical Systems, LLC, in substantial form, in consultation with the City Attorney, which will accomplish the following: A) Increase the initial three-year period not-to-exceed cost by an additional amount of $40,949; and B) Extend the contract term for an additional one-year period, which will run through March 31, 2025, in the amount of $163,968 ($88,968 for scheduled maintenance in Year 4, plus $75,000 in unanticipated repair and replacement costs for Years 4-6) for a total cost of $643,102 for the four-year period and a total not-to-exceed contract cost of $825,205 over the six-year period, if the additional terms are exercised.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
There were no items removed from the Consent Calendar by the public or City Council.
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 DocuSign Envelope ID: 27C4E48C-E045-4B1C-BE68-61664CDB2B18
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must be present.
10A. Public hearing to consider FY 2022-23 Block Grant (CDBG) Program Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development. Contact Person: Management Analyst Schubert 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 the FY 2022-23 CAPER; and 2) Authorize the City Manager or designee to submit the FY 2022-23 CAPER to the U.S. Department of Housing and Urban Development (HUD).
Planning Manager Dacey presented the staff report and responded to preliminary questions from the Council.
COUNCIL DISCLOSURES OF ANY INFORMATION RECEIVED THAT IS NOT INCLUDED IN THE AGENDA PACKET:
Council Member Blackwell had no disclosures.
Council Member Ehlers had no disclosures.
Deputy Mayor Lyndes had no disclosures.
Mayor Kranz had no disclosures.
Mayor Kranz opened the public hearing at 6:50 p.m.
There were no public speakers.
Mayor Kranz closed the public hearing at 6:50 p.m.
COUNCIL ACTION:
Kranz moved, Lyndes seconded to:1) Approve the FY 2022-23 CAPER; and 2) Authorize the City Manager or designee to submit the FY 2022- 23 CAPER to the U.S. Department of Housing and Urban Development (HUD). Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes.
Nays: None. Absent: Hinze.
10B. Financing the acquisition of property at the northeast corner of Highway 101 and La Costa Avenue, Encinitas, California and declaring intent to issue bonds to be used to reimburse the City for expenditures prior to the issuance of such bonds. Contact Person: Director of Finance/City DocuSign Envelope ID: 27C4E48C-E045-4B1C-BE68-61664CDB2B18
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Treasurer McBroome
Environmental Considerations: This action is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(5) of the CEQA Guidelines, as an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment.
Recommended Action: 1) Approve the funding of the purchase of the property from the Contingency Reserve; 2) Authorize the financing to reimburse the Contingency Reserve and Adopt Resolution No. 2023-103, titled “A Resolution of the City Council of the City of Encinitas, California, Declaring Its Intent to Issue Tax-Exempt Bonds to be Used to Reimburse the City for Expenditures Prior to the Issuance of Such Bonds”; and 3) Adopt Resolution No. 2023-102, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget.” Finance Director/City Treasurer McBroome presented the staff report.
COUNCIL ACTION:
Blackwell moved, Lyndes seconded to: 1) Approve the funding of the purchase of the property from the Contingency Reserve; 2) Authorize the financing to reimburse the Contingency Reserve and Adopt Resolution No. 2023-103, titled “A Resolution of the City Council of the City of Encinitas, California, Declaring Its Intent to Issue Tax-Exempt Bonds to be Used to Reimburse the City for Expenditures Prior to the Issuance of Such Bonds”; and 3) Adopt Resolution No. 2023-102, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget.” Motion Carried. Ayes:
Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent: Hinze.
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
Mayor Kranz reported on attending a San Elijo Joint Power Authority meeting.
14. CITY MANAGER REPORTS
No City Manager report was given.
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15. CITY ATTORNEY REPORTS
No City Attorney Report was given.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting in honor of Llyod O’Connell at 7:09 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers
Deputy City Clerk
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