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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
NOVEMBER 8, 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, Assistant City Manager Campbell, Interim Director of Human Resources Schwarm,
Development Services Director Kusiak, Deputy City Clerk Weichers, and Program Coordinator Rapp
There being a quorum present, the meeting was in order.
3. PLEDGE OF ALLEGIANCE
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
4A. Presentation of Proclamations for Encinitas Boardriders Surf Club members Alyssa Spencer and Jake Marshall in recognition of their invitation to the World Surf League Championship Tour
Mayor Kranz and Council Member Hinze read and presented the proclamation to Jake Marshall in honor of his invitation to the World Surf League Championship Tour. Alyssa Spencer was unable to attend the meeting.
4B. Presentation and Recognition to the City of Encinitas on becoming Certified as a Blue City by Non-Profit Project O
Chief Operating Officer, Project O/Blue City Network Evelina Marchetti and City Liaison with Blue City Network Ashley Price presented a certificate of recognition to Mayor Kranz and City Staff Crystal Najara, Todd Mierau, Paul Maechler, and Erik Steenblock naming the City of Encinitas as a Certified Blue City.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Natalie Settoon spoke on various issues.
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Nancy Logan spoke regarding the Start Smart Program and safe driving.
Michael Von Neumann spoke regarding restriping within the City.
6. REPORT FROM CLOSED SESSION
There was no closed session.
7. CHANGES TO THE AGENDA
There were no changes to the posted agenda.
8. CONSENT CALENDAR
COUNCIL ACTION:
Ehlers moved, Hinze seconded to close and adopt the Consent Calendar.
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 October 18, 2023, Special-Closed Session Meeting; October 18, 2023, Regular Meeting; October 25, 2023, Special- Closed Session Meeting; and October 25, 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.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
There were no items removed from the consent calendar.
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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. Public hearing to consider the approval of the Vehicle Miles Traveled (VMT) Analysis Guidelines. Contact Person: Senior Mobility Planner Jedynak Environmental Considerations: In accordance with the CEQA Guidelines, the proposed VMT Analysis Guidelines are exempt from environmental review pursuant to Section 15060(c)(3) of the CEQA Guidelines since the action is not a “project” pursuant to Section 15378(b)(5). The action is an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment. If the action were deemed to be a “project,” it would be exempt pursuant to Section 15061(b)(3). Section 15061(b)(3) exempts activities covered under the general rule that CEQA applies only to projects where it can be seen with certainty that the project has no possibility for causing a 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.” Future projects subject to the newly adopted guidelines will require CEQA review.
Recommended Action: Adopt Resolution No. 2023-110, titled “A Resolution of the City Council of the City of Encinitas, California, Approving the Vehicle Miles Traveled Analysis Guidelines Implementing Senate Bill 743.”
Senior Mobility Planner Jedynak and City Staff presented the staff report.
Council Member Blackwell had nothing to disclose.
Council Member Ehlers stated that he had watched the Planning Commission meeting, noted public comments regarding this item, and talked with Harold Standerfer from the Sierra Club.
Council Member Hinze had nothing to disclose.
Deputy Mayor Lyndes had nothing to disclose.
Mayor Kranz had nothing to disclose.
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Mayor Kranz opened the Public Hearing at 6:34 p.m.
There were no public speakers.
Mayor Kranz closed the Public Hearing at 6:34 p.m.
Staff responded to questions from the City Council.
COUNCIL ACTION:
Ehlers moved, Lyndes seconded to adopt Resolution No. 2023-110, titled “A Resolution of the City Council of the City of Encinitas, California, Approving the Vehicle Miles Traveled Analysis Guidelines Implementing Senate Bill 743;” with changes to update the Average Daily Trips to a threshold of 110, and set Citywide VMT rates for Residential projects at a threshold of 15 percent below average and Commercial projects at the average regional rate. Motion Carried.
Ayes: Blackwell, Ehlers, Hinze, Lyndes, and Kranz. Nays: Absent:
None.
10B. Direction on specific development scenario(s) and declaration of the City- owned site at 634 Quail Gardens Drive (“L-7”) as surplus and not necessary for the City’s use pursuant to the Surplus Lands Act (SLA). Contact Person:
Policy and Housing Manager Anders
Environmental Considerations: The action before the City Council is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines since the action is not a “project” pursuant to Section 15378(b)(5). The action is an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment.
Recommended Action: 1) Provide direction on specific development scenario(s) for the property located at 634 Quail Gardens Drive; and 2) Adopt City Council Resolution 2023-128, titled “A Resolution of the City Council of the City of Encinitas, California, to declare the City owned land at 634 Quail Gardens Drive (APN: 257-011-17-00) as surplus and not necessary for the City’s use and approve the Notice of Availability.” Policy and Housing Manager Anders and Development Services Director Kusiak presented the staff report and responded to questions from the Council.
SPEAKER:
The following speakers spoke in support: Jim Stiven, Louise Julig, Lois Sunrich, Mali Woods, and Marlon Taylor
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The following speakers spoke in opposition: Scott Petterson, Glen Johnson, Maria Ardantz, Scott Campbell, Elena Thompson, Sheila Cameron, Steve Gerkin, Dick Stern, and Jamas Gwilliam
Mayor Kranz called the meeting into recess at 8:32 p.m., and the meeting was called back to order at 8:43 p.m.
COUNCIL ACTION:
Kranz moved, Ehlers seconded to continue this item to a date uncertain with direction to staff to use the Kosmont contract task list to provide the City with options for the declaration labeling 634 Quail Gardens Drive as surplus land and to bring back the item once designated entities have had 60 days to notify the City in writing of their interest in leasing or purchasing the property.
Hinze made a substitute motion, Lyndes seconded to adopt City Council Resolution 2023-128, titled “A Resolution of the City Council of the City of Encinitas, California, to declare the City owned land at 634 Quail Gardens Drive (APN: 257-011-17-00) as surplus and not necessary for the City’s use and approve the Notice of Availability;” and following the 60 days required for designated entities to notify the City in writing of their interest in leasing or purchasing the property, staff will embark on a robust and comprehensive community outreach and engagement plan for feedback on a project for this land. Motion Carried. Ayes: Blackwell, Hinze, and Lyndes. Nays: Kranz and Ehlers.
Absent: None.
10C. Introduce City Council Ordinance No. 2023-11 reflecting revisions to Encinitas Municipal Code (EMC) Chapters, 12.16, 12.20, 2.28. Contact Person: Senior Human Resources Analyst Chase
Environmental Considerations: The action 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: City Council introduce Ordinance No. 2023-11, titled “An Ordinance of the City Council of the City of Encinitas, California, Amending Chapters 12.16, 12.20 and 2.28 of the Encinitas Municipal Code.”
Interim Director of Human Resources Schwarm presented the staff report and responded to questions from the Council.
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COUNCIL ACTION:
Hinze moved, Ehlers seconded to Introduce Ordinance No. 2023-11, titled “An Ordinance of the City Council of the City of Encinitas, California, Amending Chapters 12.16, 12.20 and 2.28 of the Encinitas Municipal Code.” Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
10D. Consideration of revisions to the City Council Compensation Policy Number C013 and approval of Titles and Salary Schedule for Fiscal Year 2023-24.
Contact Person: Assistant City Manager Campbell and Interim Director of Human Resources Schwarm
Environmental Considerations: The action 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) City Council adopt Resolution 2023-134, titled “A Resolution of the City Council of the City of Encinitas, California, Revising City Council Policy (C013) on Compensation”; and 2) City Council adopt Resolution 2023-135, titled “A Resolution of the City Council of the City of Encinitas, California, Approving Titles and Pay Ranges for the City of Encinitas for Fiscal Year 2023-24.”
Assistant City Manager Campbell and Interim Director of Human Resources Schwarm presented the staff report and responded to questions from the Council.
COUNCIL ACTION:
Kranz moved, Lyndes seconded to: 1) Adopt Resolution 2023-134, titled “A Resolution of the City Council of the City of Encinitas, California, Revising City Council Policy (C013) on Compensation;” and 2) Adopt Resolution 2023-135, titled “A Resolution of the City Council of the City of Encinitas, California, Approving Titles and Pay Ranges for the City of Encinitas for Fiscal Year 2023-24” with Section D. Level of Compensation, amended to change the words “upper third” with “third quartile” and adding the date approved and amended to the policy. Mo tion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
11. INFORMATIONAL ITEMS
There were no Informational items.
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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 Ehlers reported on an Encina Wastewater Policy and Finance Committee meeting.
Council Member Hinze provided an update on the San Diego Community Power’s net billing tariff policy for incentives on battery storage.
Mayor Kranz reported on a SANDAG meeting and shared a presentation from the meeting.
14. CITY MANAGER REPORTS
City Manager Antil had nothing to report.
15. CITY ATTORNEY REPORTS
City Attorney Preziosi had nothing to report.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 10:06 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Jackie Rapp
Program Coordinator
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