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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
SEPTEMBER 27, 2023, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Kranz called the meeting to order at 6:15 p.m.
2. ROLL CALL
Present: Mayor Tony Kranz, Deputy Mayor Joy Lyndes, Council Members Allison Blackwell and Bruce Ehlers
Absent: None
Also present: City Manager Antil, City Attorney Preziosi, Development Services Director Kusiak, City Clerk Hollywood, and Deputy City Clerk Weichers
There being a quorum present, the meeting was in order.
City Clerk Hollywood announced the following changes to the agenda order for tonight: Item 4B would be heard first, followed by Item 11B, and then Item 4A.
3. PLEDGE OF ALLEGIANCE
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
4B. Presentation of Proclamation Declaring October 4, 2023, Clean Air Day.
Mayor Kranz presented the proclamation to Crystal Najera, Sustainability Manager and members of the community including: Mary Dover, NCTD Government Affairs Office; Judy and Dadla Berlfein, Encinitas Bike Walk; Joy Sheppard, Board President, Cardiff 101 Mainstreet; and Environmental Commissioners William Morrison, Katie Cramer, Mark O’Connor, and Carol Parker.
11. INFORMATIONAL ITEMS
11B. Scott Valley Park Playground Replacement Project Update. Contact Person: Parks Operations Manager Norgard
Recommended Action: Receive the oral report.
Parks Operations Manager Norgard presented an update on the Scott Valley Park Playground replacement project including the elements designed for children and adults of all abilities to create an inclusive, multigenerational play area.
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4. SPECIAL PRESENTATIONS AND PROCLAMATIONS (CONTINUED):
4A. Presentation of Donation for Scott Valley Park Playground.
Emily Jones presented a donation in the amount of $43,212.29 for the Scott Valley Park Playground replacement project, in honor of her daughter, which includes adding play equipment for users of all abilities so that special needs and able-bodied children can play together.
Mayor Kranz stated that he would be bringing forward a Council Initiated Item to propose naming the park in honor of Emily Jones’ daughter, Sophia.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Paulla Weddle, Ellen Burr, Ralph Chaney, Weston Tisch, and Diane McCanlly spoke regarding homelessness and incidents at Glen Park.
Patty Stottylemyer and Gail Reich spoke regarding affordable housing.
Carol Heil, spoke in support of the curb stop maintenance project on Vulcan Avenue.
Sandra Anderson spoke regarding the municipal code changes regarding permit parking.
Natalie Settoon spoke regarding various topics.
Maria Ardantz spoke regarding additional traffic mitigation on Quail Gardens Drive.
Trina Priest spoke regarding support for a ban on flavored marijuana products.
Mark Miville spoke regarding various topics.
Cristina Vega spoke regarding the recent fire at a residence on Clark Avenue.
6. REPORT FROM CLOSED SESSION
City Attorney Preziosi reported that the City Council held a Closed Session at approximately 4:02 p.m., to consider one item. The City Council adjourned the Closed Session at approximately 5:50 p.m., and there was no reportable action.
7. CHANGES TO THE AGENDA
There were no changes to the posted agenda.
8. CONSENT CALENDAR
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COUNCIL ACTION:
Hinze moved, Lyndes 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 Warrants List (Register of Demands). Contact Person:
Finance Manager Dinh
Recommended Action: Staff recommends that the City Council review and approve the warrants.
8C. Approval of the Minutes of the September 13, 2023, Special Joint Meeting of the Encinitas City Council, Mobility & Traffic Safety Commission, and Youth Commission. Contact Person: City Clerk Hollywood Recommended Action: Approve the Minutes.
8D. Appointment to the Urban Forest Advisory Committee (UFAC) to fill three vacancies and approval of establishing terms and term limits for the UFAC.
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 Brad Lefkowits, Linda Schneider, and Stephanie Piccirelli to the UFAC to fill three vacancies, approve the application of Encinitas Municipal Code Section 2.30.020 Terms and Term Limits to the UFAC, and approve the term limits as recommended by staff. 8E. Acceptance of the Lake Drive Sinkhole Repair Project, Final Update on Citywide Emergency Storm Drain Repair Costs, and Approve Amendment of the Fiscal Year 2023-24 Budget to Appropriate $356,000 to Project No.
CX23A - Emergency Repairs – Winter Storm Sinkholes. Contact Person:
Engineer II Stryker
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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: 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; 4) Adopt City Council Resolution No. 2023-88, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the Lake Drive Sinkhole Repair Project (CX23A)”, accepting the public improvements for the Lake Drive Sinkhole Repair Project as complete to the satisfaction of the City of Encinitas; and 5) Adopt City Council Resolution No. 2023-89, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget” to appropriate $356,000 to Project No. CX23A, Emergency Repairs – Winter Storm Sinkholes.
8F. Adoption of Resolution 2023-111 Approving Continuing Appropriations from Fiscal Year 2022-23 and Amending the Fiscal Year 2023-24 Operating Budget. Contact Person: Senior Finance Analyst Clisby
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: Adopt City Council Resolution 2023-111, titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2023-24 Budget.”
8G. Memorandum of Understanding with the Encinitas Union School District for the School Crossing Guard Program for the 2023-24 School Year. Contact Person: Management Analyst Brown
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, in coordination with the City Attorney, to execute a Memorandum of Understanding (MOU) DocuSign Envelope ID: 9CEFF020-0B35-4DF9-85F1-A1B8F67850AD
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between the City of Encinitas and the Encinitas Union School District (EUSD), in substantial form, to fund up to $96,077 of the costs of crossing guards at multiple schools.
8H. Memorandum of Understanding with the San Dieguito Union High School District for the School Crossing Guard Program for the 2023-24 School Year. Contact Person: Management Analyst Brown
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, in coordination with the City Attorney, to execute a Memorandum of Understanding (MOU) between the City of Encinitas and the San Dieguito Union High School District (SDUHSD), in substantial form, to fund up to $12,694 of the costs of a crossing guard at Oak Crest Middle School.
8I. Extension of the proclamation of local emergency for bicycle, e-bicycle and motorized mobility device safety and authorize expenditures for public awareness, education, and enforcement. Contact Person: Assistant City Manager Campbell
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. 2023-116, titled “A Resolution of the City Council of the City of Encinitas, California, Extending the Director of Emergency Services Proclamation of the Existence of a Local Emergency and Continuing the Proclamation of the Local Emergency for Bicycle, E-Bicycle, and Motorized Mobility Device Safety.”
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
There were no items removed from the Consent Calendar.
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.
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10A. Public Hearing to Receive Testimony and Introduce Ordinance 2023-01 to Amend Chapter 14.41, Permit Parking Zones, of the Encinitas Municipal Code. Contact Person: City Traffic Engineer Bandegan
This agenda item was removed from the agenda and will be rescheduled to a future date. It only appears on the agenda because it was legally noticed.
10B. Interviews and Appointment to the Public Health and Safety Commission.
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: 1) Consider each applicant’s qualifications and interest in serving on the Public Health and Safety Commission; and 2) Approve the Mayor’s recommendations for seven (7) appointments to the Public Health and Safety Commission with four members terms expiring on March 1, 2026, and three members terms expiring on March 1, 2027.
APPLICANTS:
Lauren Andrade, Scott Campbell, James Morton, Marlon Taylor, Elena Thompson, Dan Vaughn, Amalia Woods-Drake, and Anthony Yost spoke regarding their interest and qualifications on serving on the Public Health and Safety Commission.
The following applicants were unable to attend due to prior commitments:
Alex Dominguez, Robert Randolph, Alexander Riley, and Robin Sales.
SPEAKERS:
Ellen Burr, Natalie Settoon, and Vicki Campbell spoke regarding this item.
COUNCIL ACTION:
Kranz moved, Hinze seconded to appoint the following individuals to the Public Health and Safety Commission: James Morton, Robin Sales, Marlon Tayor, and Amalia Woods Drake with terms ending March 1, 2026; and Lauren Andrade, Alex Dominguez, and Dan Vaughn with terms ending March 1, 2027. Motion Carried. Ayes: Blackwell, Hinze, Kranz, and Lyndes. Nays: Ehlers. Absent: None.
The Mayor called the meeting into a recess at 8:14 p.m., and reconvened the meeting at 8:25 p.m.
10C. Buena Vista Creek Navigation Center (Navigation Center) and DocuSign Envelope ID: 9CEFF020-0B35-4DF9-85F1-A1B8F67850AD
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Memorandum of Understanding (MOU) with the City of Vista. Contact Person: Policy and Housing Planning Manager Anders and 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.
Recommended Action: 1) Approve the MOU by and between the City of Encinitas and the City of Vista to cooperate on the establishment of the Buena Creek Navigation for North County San Diego; 2) Authorize the City Manager, in consultation with the City Attorney, to execute the MOU in substantial form; 3) Authorize the release of the Request for Proposals (RFP) for the service provider in substantial form; and 4) Authorize the City Manager, in consultation with the City Attorney, to execute the Draft Master Lease Agreement for the Navigation Center in substantial form following selection of a service provider.
Policy and Housing Manager Anders presented the staff report and responded to questions from the City Council.
SPEAKER:
Elena Thompson spoke regarding this item.
COUNCIL ACTION:
Lyndes moved, Kranz seconded to: 1) Approve the MOU by and between the City of Encinitas and the City of Vista to cooperate on the establishment of the Buena Creek Navigation for North County San Diego; 2) Authorize the City Manager, in consultation with the City Attorney, to execute the MOU in substantial form; 3) Authorize the release of the Request for Proposals (RFP) for the service provider with the aforementioned edits submitted by the City of Vista, in substantial form; and 4) Authorize the City Manager, in consultation with the City Attorney, to execute the Draft Master Lease Agreement for the Navigation Center in substantial form following selection of a service provider. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
11. INFORMATIONAL ITEMS
11A. Olivenhain Evacuation Plan Update. Contact Person: Fire Chief Gordon Recommended Action: Receive the oral report.
Fire Chief Gordon presented the report and responded to questions from the City DocuSign Envelope ID: 9CEFF020-0B35-4DF9-85F1-A1B8F67850AD
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Council.
SPEAKERS:
Sarah Lifton, Susanne Klausenstock, Amy McCord, and Camille Perkins spoke regarding this item.
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 Blackwell reported on attending the League of California Cities Annual Conference.
Council Member Ehlers reported on attending an Encina Wastewater meeting with Deputy Mayor Lyndes.
Mayor Kranz reported on attending a SANDAG meeting.
14. CITY MANAGER REPORTS
No City Manager report was given.
15. CITY ATTORNEY REPORTS
No City Attorney Report was given.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 10:23 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers
Deputy City Clerk
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