10/18/2023 Regular Meeting Page 1 Mtg. #2023-____, Bk#39, Page ___
MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
OCTOBER 18, 2023, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Kranz called the meeting to order at 6:02 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, Deputy City Manager Sapa’u, Director of Engineering Bankston, Public Works Director Mabry, Traffic Engineer Bandegan, Environmental Programs Manager Steenblock, 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
There were no special presentations or proclamations.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Ellen Burr spoke regarding legislative policies and mobility.
Trina Priest and Katie Poponyak spoke regarding Red Ribbon Week.
Scott Campbell spoke regarding street dining.
Raul Villamar spoke regarding downtown parking and litter.
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 two items, and there were no reportable actions.
7. CHANGES TO THE AGENDA
There were no changes to the posted agenda.
DocuSign Envelope ID: C2186B65-E4C2-442A-ABF5-C608075C9ADB
10/18/2023 Regular Meeting
10/18/2023 Regular Meeting Page 2 Mtg. #2023-____, Bk#39, Page __
8. CONSENT CALENDAR
City Clerk Hollywood announced that Item 8F was being removed from the Consent Calendar by a member of the public.
COUNCIL ACTION:
Hinze moved, Lyndes seconded to close and adopt the Consent Calendar with the exception of Item 8F. Motion Carried. Ayes: Blackwell, Ehlers, 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 September 27, 2023, Special-Closed Session Meeting and September 27, 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. Authorization to Execute Contract for Facility Janitorial and Lock-up Services with Blue Moon Management Corporation. 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 the City Manager to execute the Facility Janitorial and Lock-up Services Agreement in substantial form in consultation with City Attorney, for City Parks, Beaches, and the Community/Senior Center with Blue Moon Management Corporation for the initial three years and seven-month term and authorize the City Manager to extend the contract for two (2) two-year renewal options upon satisfactory performance and mutual agreement for a total contract amount not-to- exceed $2,296,849.
DocuSign Envelope ID: C2186B65-E4C2-442A-ABF5-C608075C9ADB
10/18/2023 Regular Meeting
10/18/2023 Regular Meeting Page 3 Mtg. #2023-____, Bk#39, Page __
8E. Consideration of Resolution No. 2023-115, authorizing the acquisition of the Leucadia Wastewater District property at the southeast corner of La Costa Avenue and North Vulcan Avenue for $5,000, exempting the acquisition from Government Code 65402, designating the Mayor as signatory on all documents related to the purchase of the property on behalf of the City of Encinitas, and approving the Real Property Contract Purchase and Sale Agreement. Contact Person: Director of Engineering Bankston 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 Resolution 2023-115, titled “A Resolution of the City Council of the City of Encinitas, California, Approving the Acquisition of APN 216-052-057-00, located at the Southeast corner of La Costa Avenue and North Vulcan Avenue from the Leucadia Wastewater District”; 2) Designate the Mayor as signatory on all documents related to the purchase of APN 216-052-057-00 on behalf of the City of Encinitas; and 3) Authorize the Mayor to execute the Real Property Contract Purchase and Sale Agreement between Seller, Leucadia Wastewater District, and Buyer, City of Encinitas (APN 216-052-057-00).
8G. Acceptance of the Stonesteps Beach Access Emergency Repairs (CX23B).
Contact Person: Park 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 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; and 4) Adopt City Council Resolution No. 2023-117, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the Repair of the Stonesteps Beach Access Project (CX23B)” and accepting the public improvements for the Stonesteps Beach Access Emergency Repairs Project as complete to the satisfaction of the City.
DocuSign Envelope ID: C2186B65-E4C2-442A-ABF5-C608075C9ADB
10/18/2023 Regular Meeting
10/18/2023 Regular Meeting Page 4 Mtg. #2023-____, Bk#39, Page __
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8F. Treasurer’s Annual Report for the Fiscal Year Ended June 30, 2023 and Investment Policy. Contact Person: Finance Analyst Angelini 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) Receive and file the Treasurer’s Report for the Fiscal Year Ended June 30, 2023; and 2) Adopt Resolution No. 2023-114, titled “A Resolution of the City Council of the City of Encinitas, California, Approving the Statement of Investment Policy for the Fiscal Year 2023-24, and Delegating the Authority to Invest City Funds to the Treasurer.” SPEAKER:
Scott Campbell spoke regarding this item.
COUNCIL ACTION:
Kranz moved, Hinze seconded to: 1) Receive and file the Treasurer’s Report for the Fiscal Year Ended June 30, 2023; and 2) Adopt Resolution No. 2023-114, titled “A Resolution of the City Council of the City of Encinitas, California, Approving the Statement of Investment Policy for the Fiscal Year 2023-24, and Delegating the Authority to Invest City Funds to the Treasurer.” 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. 2023 Stormwater Best Management Practice (BMP) Design Manual.
Contact Person: Environmental Programs Manager Steenblock 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 City Council Resolution 2023-120, titled “A Resolution of the City Council of the City of Encinitas, California, Approving DocuSign Envelope ID: C2186B65-E4C2-442A-ABF5-C608075C9ADB
10/18/2023 Regular Meeting
10/18/2023 Regular Meeting Page 5 Mtg. #2023-____, Bk#39, Page __
the 2023 Stormwater Best Management Practice (BMP) Design Manual as Chapter 7 of the Engineering Design Manual.”
Environmental Programs Manager Steenblock and Principal Engineer Strizic presented the staff report and responded to questions from the Council.
COUNCIL ACTION:
Hinze moved, Lyndes seconded to adopt City Council Resolution 2023-120, titled “A Resolution of the City Council of the City of Encinitas, California, Approving the 2023 Stormwater Best Management Practice (BMP) Design Manual as Chapter 7 of the Engineering Design Manual.” Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None. 10B. Assembly Bill 43 (AB43) Summary and Direction on Future Implementation.
City Traffic Engineer Bandegan
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: Receive the presentation on AB43 and provide input on speed limit reduction areas.
Traffic Engineer Bandegan presented the staff report and responded to questions from the Council.
SPEAKER:
Michael von Neumann spoke in support of lowering speed limits in the City.
COUNCIL ACTION:
Kranz moved, Hinze seconded to direct staff to return with a prioritized list of safety corridors, roadways, and speed limits based on criteria outlined in the agenda staff report and to maximize speed limit reductions. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
10C. Public Hearing to consider the introductions of Ordinance No. 2023-10 to amend Encinitas Municipal Code Title 14, Chapters 14.06 and 14.44, adopting changes pertaining to Business Activity and Residence Districts; and Ordinance No. 2023-12 to establish a new speed limit on South Coast Highway 101 pursuant to amended Encinitas Municipal Code Title 14, Chapters 14.06 and 14.44. Contact Person: Engineer II Barr DocuSign Envelope ID: C2186B65-E4C2-442A-ABF5-C608075C9ADB
10/18/2023 Regular Meeting
10/18/2023 Regular Meeting Page 6 Mtg. #2023-____, Bk#39, Page __
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) Introduce Ordinance No. 2023-10, titled “An Ordinance of the City Council of the City of Encinitas, California, Amending Encinitas Municipal Code Chapters 14.06 and 14.44 of Title 14 (Traffic Code) Regarding Business and Residence Districts;” and 2) Introduce Ordinance No. 2023-12, titled “An Ordinance of the City Council of the City of Encinitas, California, Establishing a 25 miles per hour Speed Limit on South Coast Highway 101.”
Traffic Engineer Bandegan 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 7:44 p.m.
SPEAKER:
Michael von Neumann spoke in support of the recommended action.
Mayor Kranz closed the public hearing at 7:47 p.m.
COUNCIL ACTION:
Ehlers moved, Kranz seconded to: 1) Introduce Ordinance No. 2023- 10, titled “An Ordinance of the City Council of the City of Encinitas, California, Amending Encinitas Municipal Code Chapters 14.06 and
14.44 of Title 14 (Traffic Code) Regarding Business and Residence Districts;” 2) Introduce Ordinance No. 2023-12, titled “An Ordinance of the City Council of the City of Encinitas, California, Establishing a 25 miles per hour Speed Limit on South Coast Highway 101;” and 3) Direct staff to prepare an analysis of the following segments: Swami’s to J Street and the segment of D Street to A Street and to report back to Council via memo. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
DocuSign Envelope ID: C2186B65-E4C2-442A-ABF5-C608075C9ADB
10/18/2023 Regular Meeting
10/18/2023 Regular Meeting Page 7 Mtg. #2023-____, Bk#39, Page __
11. INFORMATIONAL ITEMS
11A. Pacific View Arts Center Construction Update. Contact Person: Senior Engineer Cabrera
Recommended Action: Receive the oral report.
Senior Engineer Cabrera presented an update on the Pacific View Arts Center construction and responded to questions from the Council.
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 commended Encinitas Resident Jake Marshall who qualified for the 2024 World Surf League Championship tour.
Deputy Mayor Lyndes reported she is a juror on the Oceanside Re-beach project and reported the San Diego County Water Authority was continuing to study water demand and usage.
Mayor Kranz reported that John Keys of Encinitas Surfboards was inducted into the Surfboard Shapers Hall of Fame. He also reported that SANDAG recently adopted an amended EIR that removed the road usage charge and took action to appoint a subcommittee to replace outgoing Director Ikrata with a recruitment process taking approximately 8 months.
14. CITY MANAGER REPORTS
City Manager Antil announced that a Pacific View Art Center Interests and Preferences survey is now available on the City’s website and the deadline for submissions is Monday, November 6, 2023.
City Manager Antil also announced that the Encinitas Holiday Parade would take place on December 2, 2023.
15. CITY ATTORNEY REPORTS
No City Attorney Report was given.
DocuSign Envelope ID: C2186B65-E4C2-442A-ABF5-C608075C9ADB
10/18/2023 Regular Meeting
10/18/2023 Regular Meeting Page 8 Mtg. #2023-____, Bk#39, Page __
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 8:17 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers
Deputy City Clerk
DocuSign Envelope ID: C2186B65-E4C2-442A-ABF5-C608075C9ADB