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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
JANUARY 24, 2024, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Kranz called the meeting to order at 6:03 p.m.
2. ROLL CALL
Present: Mayor Tony Kranz, Deputy Mayor Allison Blackwell, Council Members Bruce Ehlers, Kellie Shay Hinze (left the meeting at 7:38 p.m.), and Joy Lyndes
Absent: None
Also present: City Manager Antil, City Attorney Preziosi, Sheriff’s Captain Lawrence, Deputy City Manager Sapa’u, 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. Presentation of Proclamation Declaring January 2024, Blood Donor Month.
Mayor Kranz presented the proclamation to Mike Emerson, Stormwater Environmental Specialist III Mike Emerson, and Rob Nauman and Mike Schayer from the San Diego Blood Bank.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Gary Murphy, Nicholas Harth, and Stacy Reddell spoke regarding drainage in Leucadia.
Jennifer Hewitson spoke regarding Santa Fe Drive improvements and open space.
Trina Priest spoke regarding second-hand smoke.
Terri-Ann Skelly and Mark Wilcox spoke regarding cannabis use.
Scott Campbell spoke regarding various topics.
Peggy Walker spoke regarding support for a vape and e-cigarette ban.
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Mayor Kranz announced that there would be an agenda item on the February 14, 2024, City Council meeting regarding stormwater facilities and Streetscape.
6. REPORT FROM CLOSED SESSION
City Attorney Preziosi reported that the City Council held a Closed Session at approximately 4:00 p.m., to discuss six items, and there were no reportable actions for Items 1-4. He reported that Council Member Hinze was absent from the Closed Session. Regarding Closed Session Items 5-6, City Attorney Preziosi reported these items were not heard.
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 item 8E was 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 8E. 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 January 10, 2024, Special 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. Acceptance of the Moonlight Beach Barrels and Storm Water Repairs Project (CD23B). Contact Person: Senior Engineer Cabrera DocuSign Envelope ID: C1E3AC95-330F-4E74-9568-2500FB851FBE
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Environmental Considerations: The actions being considered by the City Council are 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. 2024-08, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the Moonlight Beach Barrels and Storm Water Repairs Project (CD23B.”
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8E. Amend the Pacific View Site Project (CF20D) budget to appropriate $161,682 to fund building occupancy expenses; and increase the Not-to- Exceed Amount on the Conan Construction, Inc. Contract for the Pacific View Site Project (CF20D) from $5,471,400 to $5,807,374. Contact Person:
Senior Engineer Cabrera
Environmental Considerations: The actions being considered by the City Council are exempt from the California Environmental Quality Act (CEQA) because they are not a “project” under Section 15378(b)(5) of CEQA Guidelines. The actions involve organizational or administrative activities of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: 1) Adopt City Council Resolution No. 2024-17 titled, “A Resolution of the City Council of the City of Encinitas, California Amending the Fiscal Year 2023-2024 Budget” to Appropriate $161,682 to Project No. CF20D, Pacific View Site Project; and 2) Increase the Not-to- Exceed Amount on the Conan Construction, Inc. Contract for the Pacific View Site Project (CF20D) by $335,974 from $5,471,400 to $5,807,374.
SPEAKER:
Elena Thompson spoke regarding this item.
COUNCIL ACTION:
Kranz moved, Ehlers seconded to: 1) adopt City Council Resolution No. 2024-17 titled, “A Resolution of the City Council of the City of Encinitas, California Amending the Fiscal Year 2023-2024 Budget” to Appropriate $161,682 to Project No. CF20D, Pacific View Site Project; and 2) increase the Not-to-Exceed Amount on the Conan Construction, Inc. Contract for the Pacific View Site Project (CF20D) by $335,974 DocuSign Envelope ID: C1E3AC95-330F-4E74-9568-2500FB851FBE
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from $5,471,400 to $5,807,374. 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. Presentation of the City's Annual Comprehensive Financial Report (ACFR) for the Fiscal Year ended June 30, 2023, and Proposed Budget Amendments. Finance Manager Attili
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) Accept and file the Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2023; and 2) Adopt City Council Resolution 2024-10, entitled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget.”
Finance Director/City Treasurer McBroome and Shannon Ayala from Davis Farr presented the staff report and responded to questions from the Council.
SPEAKERS:
Scott Campbell and Elena Thompson spoke regarding this item.
COUNCIL ACTION:
Ehlers moved, Kranz seconded to: 1) accept and file the Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2023; 2) adopt City Council Resolution 2024-10, entitled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget,” and 3) direct staff to bring back information regarding a Section 115 Trust. Motion Carried. Ayes:
Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent:
None.
10B. Award of contract to Retread Incorporated to provide operational services for the Buena Creek Navigation Center (BCNC) and authorize the City Manager to enter into a Master Lease Agreement for the BCNC. Contact Persons: Policy and Housing Planning Manager Anders and Housing Services Manager Dacey
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Environmental Considerations: The action being considered by the City Council not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines since the actions are not a “project” as per Section 15378(b)(5). The actions involve organizational or administrative activities of government that will not result in direct or indirect physical change in the environment.
Recommended Action: 1) Adopt Resolution No. 2024-13, titled “A Resolution of the City Council of the City of Encinitas, California, Approving an Agreement with Retread Inc. to provide Buena Creek Navigation Center (BCNC) operator services;” 2) Adopt Resolution No. 2024-14, titled “A Resolution of the City Council of the City of Encinitas, California, Authorizing the City Manager, in consultation with the City Attorney, to execute the Master Lease Agreement for the Buena Creek Navigation Center (BCNC);” and 3) Adopt Resolution No. 2024-07, titled, “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023- 24 Budget.”
Policy and Housing Planning Manager Anders presented the staff report and responded to questions from the Council.
COUNCIL ACTION:
Lyndes moved, Hinze seconded to: 1) adopt Resolution No. 2024-13, titled “A Resolution of the City Council of the City of Encinitas, California, Approving an Agreement with Retread Inc. to provide Buena Creek Navigation Center (BCNC) operator services;” 2) adopt Resolution No. 2024-14, titled “A Resolution of the City Council of the City of Encinitas, California, Authorizing the City Manager, in consultation with the City Attorney, to execute the Master Lease Agreement for the Buena Creek Navigation Center (BCNC);” and 3) adopt Resolution No. 2024-07, 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, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
Council Member Hinze left the meeting at 7:38 p.m.
10C. Second Amendment to the Professional Services Agreement between the City of Encinitas and HdL Companies for Cannabis Management Services; and Initiation of Amendments to the Municipal Code and the Local Coastal Program to Implement State Law SB 1186; and Status Update on Cannabis Retailers. Contact Person: Senior Planner Jedynak
Environmental Considerations: The actions before the City Council are not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines since the actions are not a “project” pursuant to Section 15378(b)(5). The actions involve an organizational or administrative activity of government that will not result in DocuSign Envelope ID: C1E3AC95-330F-4E74-9568-2500FB851FBE
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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: 1) Authorize the City Manager, in coordination with the City Attorney, to execute a Second Amendment to the Professional Consultant Services Agreement, in substantial form, for Cannabis Management Services with HdL Companies; 2) Adopt Resolution No. 2024- 11 titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2023-24 Budget”; 3) Adopt Resolution No. 2024-12 titled “A Resolution of the City Council of the City of Encinitas, California, Directing Staff to Initiate Amendments to the Municipal Code and the Local Coastal Program to Implement State Law SB 1186 Allowing Non-Storefront Medicinal Cannabis Delivery;” and 4) Receive a status update on retail cannabis applicants.
Senior Planner Jedynak presented the staff report and responded to questions from the Council.
SPEAKERS:
Trina Priest, Terri-Ann Skelly, Mark Wilcox, Peggy Walker and Scott Campbell spoke in opposition to the recommended action.
Sheriff’s Captain Lawrence responded to questions from the Council.
COUNCIL ACTION:
Lyndes moved, Ehlers seconded to: 1) authorize the City Manager, in coordination with the City Attorney, to execute a Second Amendment to the Professional Consultant Services Agreement, in substantial form, for Cannabis Management Services with HdL Companies; 2) adopt Resolution No. 2024-11 titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2023-24 Budget”; 3) adopt Resolution No. 2024-12 titled “A Resolution of the City Council of the City of Encinitas, California, Directing Staff to Initiate Amendments to the Municipal Code and the Local Coastal Program to Implement State Law SB 1186 Allowing Non-Storefront Medicinal Cannabis Delivery” amended to allow one non-store front medicinal cannabis delivery. Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent: Hinze .
The Mayor called the meeting into recess at 8:16 p.m., and reconvened the meeting at 8:21 p.m.
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10D. Consideration of the new Athletic Field Use and Allocation Policy. Contact Person: Recreation Services Manager Hamer
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 the proposed Athletic Field Use and Allocation Policy.
Recreation Services Manager Hamer presented the staff report and responded to questions from the Council.
COUNCIL ACTION:
Lyndes moved, Kranz seconded to approve the proposed Athletic Field Use and Allocation Policy as presented. 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
Council Member Ehlers reported on an Encina Wastewater meeting.
Mayor Kranz reported on a SANDAG transportation meeting.
14. CITY MANAGER REPORTS
No City Manager report was given.
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15. CITY ATTORNEY REPORTS
City Attorney Preziosi reported that the 9th Circuit Court of Appeals decision on the Grants Pass Case would be headed to the Supreme Court, and his office would be filing briefs on behalf of Cal-Sheriffs, Cal-Chiefs, and as well as a number of other cities, and the deadline to file amicus briefs would be in approximately 45 days.
City Clerk Hollywood reported on the annual recruitment process for scheduled vacancies on City Boards and Commissions.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 8:40 p.m. in memory of the City’s Poet Laureate, Trish Dugger.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers
Deputy City Clerk
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