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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
JANUARY 17, 2024, 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 Allison Blackwell, Council Members Bruce Ehlers, Kellie Shay Hinze, and Joy Lyndes
Absent: None
Also present: City Manager Antil, City Attorney Preziosi, Director of Engineering Bankston, Development Services Director Kusiak, 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. United States Army Corps of Engineers San Diego County, CA Project (Storm Damage Reduction Project) update by Costal Zone Program Administrator Mireau.
Coastal Zone Administrator Mireau presented an update on the United States Army Corps of Engineers Storm Damage Reduction Project and responded to questions from the Council.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
John Hutchins spoke regarding coastal erosion solutions.
Dolores Welty spoke regarding California housing prices.
Kelly McCormick spoke regarding a fentanyl forum being held tomorrow evening at Torrey Pines High School.
Scott Campbell spoke regarding Council meetings.
6. REPORT FROM CLOSED SESSION
No Closed Session Meeting was held.
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7. CHANGES TO THE AGENDA
City Clerk Hollywood announced that there were no changes to the posted agenda.
8. CONSENT CALENDAR
City Clerk Hollywood announced that Consent Calendar items 8G and 8H were removed from the Consent Calendar by members of the public.
Council Member Ehlers announced that he was pulling Consent Calendar item 8E from the Consent Calendar.
COUNCIL ACTION:
Hinze moved, Blackwell seconded to close and adopt the Consent Calendar with the exception of items 8E, 8G, and 8H. 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 December 13, 2023, Special Meeting; December 13, 2023, Regular Meeting; December 20, 2023, Special-Closed Session Meeting; and December 20, 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. Request to Approve Plans and Authorize Advertisement of the South Coast Highway 101 Sidewalk to Solana Beach project (CS22D). Contact Person:
Engineer II Stryker
Environmental Considerations: Pursuant to the California Environmental Quality Act, the project is exempt per Sections 15301(c) and 15304(e) of the CEQA Guidelines. Section 15301(c) exempts the demolition, repair and or replacement of sidewalks for the purposes of created public safety.
Section 15304(e) exempts the temporary construction trailer and constructions staging area. The project is consistent with the CEQA DocuSign Envelope ID: C1E3AC95-330F-4E74-9568-2500FB851FBE
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exemption criteria. In addition, none of the exceptions listed in Section 15300.2 exist for the proposed project.
Recommended Action: 1) Approve the plans for the South Coast Highway 101 Sidewalk to Solana Beach project; 2) Authorize the advertisement of the South Coast Highway 101 Sidewalk to Solana Beach project for construction bids; and 3) Adopt Resolution No. 2024-002 titled, “Resolution of the City Council of the City of Encinitas Approving the Design and Plans for Construction of the South Coast Highway 101 Sidewalk to Solana Beach Project, Pursuant to Government Code Section 830.6.”
8F. Contract for Engineering Department Support with RRM Design Group.
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: Authorize the City Manager, or designee, in coordination with the City Attorney, to execute a contract with RRM Design Group, in substantial form, to provide Engineering Department Support, for an amount not to exceed $235,000.
8I. Second Reading and Adoption of Ordinance 2023-07, an Ordinance of the City of Encinitas, California, adding Encinitas Municipal Code Chapter 9.85 – Shopping Cart Ordinance. 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 Ordinance 2023-07, titled "An Ordinance of the City Council of the City of Encinitas, California, adding Chapter 9.85 “Shopping Carts” to the Encinitas Municipal Code to Require Containment of Shopping Carts on Business Premises and Making it Unlawful to Remove a Shopping Cart Therefrom.”
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9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8E. Request to Approve Plans and Authorize Advertisement of the Wales Drive – Crest Drive Emergency Access Gate Project (CS23E). Contact Person:
Engineer II Stryker
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is defined as an Emergency Project under Section 15269 of CEQA Guidelines. The project involves emergency repairs to publicly owned services facilities necessary to maintain service essential to the public health, safety or welfare.
Recommended Action: 1) Approve the plans for the Wales Drive – Crest Drive Emergency Access Gate Project; 2) Authorize the advertisement of the Wales Drive – Crest Drive Emergency Access Gate Project for construction bids.; and 3) Adopt Resolution No. 2024-03 titled, “Resolution of the City Council of the City of Encinitas Approving the Design and Plans for Construction of the Wales Drive – Crest Drive Emergency Access Gate Project, Pursuant to Government Code Section 830.6.”
Council Member Ehlers announced that he would be supporting the item with the addition of poles on the outside of the sidewalk.
COUNCIL ACTION:
Ehlers moved, Blackwell seconded to: 1) approve the plans for the Wales Drive – Crest Drive Emergency Access Gate Project with the addition of poles on the outside edge of the sidewalk; 2) authorize the advertisement of the Wales Drive – Crest Drive Emergency Access Gate Project for construction bids; and 3) adopt Resolution No. 2024- 03 titled, “Resolution of the City Council of the City of Encinitas Approving the Design and Plans for Construction of the Wales Drive – Crest Drive Emergency Access Gate Project, Pursuant to Government Code Section 830.6.” Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
8G. Amendment to the Tetra Tech Inc. Santa Fe Drive Corridor Improvement Projects (CS19E) contract for Additional Design and Engineering Services.
Contact Person: Principal Engineer Widelski
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: Authorize the City Manager or designee, in coordination with the City Attorney, to execute Contract Amendment No. 4 in substantial form, to the Contract for Tetra Tech Inc. to perform design services for the Santa Fe Drive Corridor Improvements Project, for an increase of $166,334, from the original not-to-exceed amount of $998,760 to a new not-to-exceed amount of $1,165,094.
SPEAKER:
Sheila Cameron spoke regarding Consent Calendar Items 8G and 8H.
COUNCIL ACTION:
Kranz moved, Ehlers seconded to authorize the City Manager or designee, in coordination with the City Attorney, to execute Contract Amendment No. 4 in substantial form, to the Contract for Tetra Tech Inc. to perform design services for the Santa Fe Drive Corridor Improvements Project, for an increase of $166,334, from the original not-to-exceed amount of $998,760 to a new not-to-exceed amount of $1,165,094. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
8H. Increase the Not-to-Exceed Amount of the Servitek Electric, Inc. construction contract for the Highway Safety Improvement Program (HSIP) Cycle 8 Citywide LED Replacement Project (CS17H). Contact Person:
Engineer II Barr
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 an increase of $147,505 to the construction contract not-to-exceed amount with Servitek Electric, Inc. for the Citywide LED Replacement Project (CS17H) from $490,495 to $638,000.
COUNCIL ACTION:
Kranz moved, Ehlers seconded to authorize an increase of $147,505 to the construction contract not-to-exceed amount with Servitek Electric, Inc. for the Citywide LED Replacement Project (CS17H) from $490,495 to $638,000. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
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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. Annual Report and Five-Year Findings Concerning the Mitigation Fee Act for Fiscal Year 2022-23. Contact Person: Finance Analyst Ramos 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: Review and file the Annual and Five-Year Development Impact Mitigation Fee Report for Fiscal Year Ended June 30, 2023.
Finance Analyst Ramos presented the staff report.
Finance and Engineering Staff responded to questions from the Council.
SPEAKER:
Scott Campbell spoke regarding this item.
COUNCIL ACTION:
Lyndes moved, Kranz seconded to file the Annual and Five- Development Impact Mitigation Fee Report for Fiscal Year Ended June 30, 2023. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
10B. Consideration of the Barriers to Racial and Ethnic Equity in Housing Study findings and recommendations. Contact Person: Associate Planner Cvetko 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 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: Identify the findings and recommendations of the Barriers to Racial and Ethnic Equity in Housing Study to be prioritized in development of an Equity Action Plan.
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Associate Planner Cvetko presented the staff report.
SPEAKERS:
Natalie Settoon, Rachel Graves, Sheila Cameron, and Dennis Kaden spoke in opposition to the recommended action.
Teresa Beauchamp, Bob Ayers, Jim Stiven, and Kathleen Stiven spoke in support of the recommended action.
Dolores Welty registered opposition to the recommended action but chose not to speak.
The Mayor called the meeting into recess at 7:44 p.m., and reconvened the meeting at 7:55 p.m.
City Manager Antil announced that there would not be an extension to the contract with Opportunity Consulting, and the consultant had resigned today.
The City Council provided feedback and input regarding the report.
COUNCIL ACTION:
Lyndes moved, Hinze seconded to direct staff to bring back a more refined explanation and list to include Recommendations 1-7 and 10 to reflect Council comments and direction including better transparency and navigation for affordable housing and allocation of lower income units, and protecting and preserving existing affordable housing. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
11. INFORMATIONAL ITEMS
11A. Climate Action Plan Update. Contact Person: Sustainability Manager Najera
Recommended Action: Receive the oral report.
Sustainability Manager Najera presented an update on the Climate Action Plan and responded to questions from the Council.
SPEAKER:
Sheila Cameron spoke regarding this item.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
There were no Council Member initiated items.
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13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Council Member Hinze reported on San Diego Community Power.
Deputy Mayor Blackwell reported on her attendance at a San Elijo Joint Powers Authority Meeting with Council Member Hinze.
Mayor Kranz reported on a SANDAG meeting.
14. CITY MANAGER REPORTS
City Manager Antil provided an update on the Beacon’s Beach closure.
15. CITY ATTORNEY REPORTS
No City Attorney report was given.
City Clerk Hollywood reported on the annual recruitment process for scheduled vacancies on City Boards and Commissions.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting in honor of Pat and Joe Wanket at 9:20 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers
Deputy City Clerk
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