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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
FEBRUARY 14, 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, 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 Black History Month Proclamation.
Mayor Kranz read and presented a proclamation to Marlon Taylor in recognition of Black History Month.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Ellen Burr spoke regarding affordable housing.
Wes Sechrest spoke regarding flooding at his residence.
Scott Campbell spoke regarding various topics.
Kevin Doyle spoke regarding affordable housing and homelessness.
Pepper spoke regarding Black History Month.
6. REPORT FROM CLOSED SESSION
City Attorney Preziosi reported that the City Council held a Closed Session at approximately 3:00 p.m., to discuss two items, and there were no reportable actions.
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7. CHANGES TO THE AGENDA
City Clerk Hollywood announced that Item 10A was being removed from the agenda because the applicant/appellant had withdrawn the appeal.
8. CONSENT CALENDAR
City Clerk Hollywood announced that Consent Calendar Items 8F and 8I were removed from the Consent Calendar by a member of the public.
Council Member Hinze announced that she was recusing herself from Consent Calendar Item 8G because her husband works for the firm GHD, Inc.
COUNCIL ACTION:
Lyndes moved, Blackwell seconded to close and adopt the Consent Calendar with the exception of Items 8F and 8I. Motion Carried. Ayes:
Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent: None. Abstain:
Hinze (Item 8G).
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 17, 2024, Regular Meeting; January 24, 2024, Special Closed Session Meeting; and January 24, 2024, 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 purchase traffic signal equipment for the Highway Safety Improvement Program (HSIP) Cycle 10 Citywide Leading Pedestrian Intervals (LPI) Project (Project No. CS22B). Contact Person: Engineer II Edgeworth
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 DocuSign Envelope ID: 8B63937E-9C97-4A98-B765-46F6BAD492E3
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government that will not result in the direct or indirect physical change in the environment.
Recommended Action: Authorize the procurement and approve the sole source purchase of traffic signal equipment in the amount of $321,265 for the Citywide Leading Pedestrian Intervals Project (Project No. CS22B). 8E. Acceptance of the 1711 Eolus Avenue and Loch Lomond Drive Storm Drain Repair Projects (CD05E). Contact Person: Engineer I Suleiman 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 Notices of Completion for the subject projects; 2) Authorize the release of the payment bonds for the applicable subject projects in full upon the recording of the Notice of Completion; 3) Authorize the release of performance bonds for the applicable subject projects in full one (1) year after the recording of the Notices of Completion; 4) Adopt City Council Resolution No. 2024-018, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the Public Improvements for the 1711 Eolus Avenue Storm Drain Repair (CD05E)”; and 5) Adopt City Council Resolution No. 2024-019, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the Public Improvements for the Loch Lomond Drive Storm Drain Repair (CD05E).”
8G. Grant application for the Cardiff State Beach Living Shoreline project to allow continued support for long-term maintenance, monitoring and permitting requirements on this reach of coastline. Contact Person: Coastal Zone Administrator Mireau
Environmental Considerations: The action being considered by the City Council is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines because it is not a “project” as per Section 15378(b)(5). The action authorizes staff to implement an organizational or administrative activity of government that by itself will not result in a direct or indirect physical change in the environment.
Recommended Action: Authorize the City Manager, or designee, to apply for funding from the State Coastal Conservancy to obtain the necessary permits and to allow additional maintenance and monitoring at the Cardiff State Beach Living Shoreline project.
Council Member Hinze recused herself from this item.
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8H. Grant application for the Energy Efficiency and Conservation Block Grant Program. Contact Person: Sustainability/Coastal Aide Stoner-Osborn 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, to apply for pre-allocated, non-competitive funding from the Energy Efficiency and Conservation Block Grant (EECBG) Program and utilize the funds to complete a Microtransit Study.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8F. Legislative position letter submitted to City Council for support. 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: Approve Support Letter for SB 689 – Local Coastal Program: Bicycle Lane (Blakespear).
Assistant City Manager Campbell, and Francine Busby from Senator Blakespear’ s Office presented the staff report and responded to questions from the Council.
SPEAKER:
Donna Westbrook spoke in opposition to the recommended action.
COUNCIL ACTION:
Lyndes moved, Hinze seconded to approve support letter for SB 689 – Local Coastal Program: Bicycle Lane (Blakespear). Motion Carried.
Ayes: Blackwell, Hinze, Kranz, and Lyndes. Nays: Ehlers. Absent:
None.
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8I. Emergency Declaration: Sediment cleanup from the Manchester Culvert to the San Elijo Lagoon. Contact Person: Senior Management Analyst Elmore 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 emergency dredging of Storm Drainage System under the Emergency Declaration.
Senior Management Analyst Elmore presented the staff report.
SPEAKER:
Ellen Burr spoke regarding this item.
COUNCIL ACTION:
Kranz moved, Ehlers seconded to authorize emergency dredging of storm drainage under the Emergency Declaration. 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. Public Hearing to consider a timely-filed appeal of a Director’s Determination to require a Coastal Development Permit for the reconstruction of the fire-destroyed residential structure located on blufftop property and that the Coastal Bluff Overlay Zone regulations supersede the legal nonconforming regulations. CASE NO.: APPEAL-006885-2024; LOCATION: 1478 and 1480 Neptune Avenue (APN 254-040-26). Contact Person: Senior Planner Dichoso
Environmental Considerations: The timely-filed appeal is not subject to environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15060(c)(3) because the activity in question is not a project as defined by CEQA Guidelines Section 15378. The appeal involves consideration of a Director’s Determination on application of the Zoning Regulations only and does not take action on, or authorize issuance of, a permit or an entitlement for a project.
Recommended Action: Deny the appeal of the Director’s Determination and adopt draft City Council Resolution No. 2024-16 titled, “A Resolution of the City of Encinitas City Council Denying an Appeal and Affirming a DocuSign Envelope ID: 8B63937E-9C97-4A98-B765-46F6BAD492E3
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Director’s Determination for the Property Located at 1478 and 1480 Neptune Avenue (CASE NO. APPEAL-006885-2024; APN: 254-040-26)”, affirming the Director’s Determination made on December 7, 2023.
This item was removed from the agenda because the applicant/appellant withdrew the appeal.
10B. Update City Council on the City-owned site at 634 Quail Gardens Drive (“L- 7”) of the Notice of Availability (NOA) sent out pursuant to Surplus Land Act (SLA) and City Council direction on proposed 100 percent affordable housing development scenarios and initiating outreach efforts. 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: Receive the update and provide direction to staff for a specific development scenario and initiating outreach efforts for a 100 percent affordable housing project at the property located at 634 Quail Gardens Drive.
Planning Manager Anders and Development Services Director Kusiak presented the staff report and responded to questions from the Council.
SPEAKERS:
Ronette Youmans, Lois Sunrich, Bob Kent, Bob Ayers, Theresa Beauchamp, Kathleen Stive, Jim Stiven, Patty Stottlemyer, and Kathleen Lees spoke in support of the recommended action.
Ellen Burr, Ted Elliott, Scott Campbell, Tracy Elliott, and Dick Stern spoke in opposition to the recommended action.
John Campbell, Kathryn Campbell, and Drew Pond registered opposition to the recommended action, but chose not to speak.
Kim Piker registered support for the recommended action, but chose not to speak.
COUNCIL ACTION:
Lyndes moved, Hinze seconded to: 1) direct staff to bring back a project of 30 - 45 units; 2) focus on low and very low income levels; 3) include robust community outreach; 4) emphasize Kosmonts necessity to advise on the financial feasibility of the project; 5) develop a schedule/timeline to manage expectations; 6) include an DocuSign Envelope ID: 8B63937E-9C97-4A98-B765-46F6BAD492E3
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affordable housing education component; 7) retain Kosmont to do a financial feasibility study on the project Council selects; 8) retain an outreach specialist to develop a comprehensive Public Engagement Plan (PEP); 9) retain a professional site designer to assist with concept designs and public engagement; and 10) return to the City Council with an update once the feasibility analyses, PEP and concept designs are completed. Motion Carried. Ayes: Blackwell, Hinze, Kranz, and Lyndes. Nays: Ehlers. Absent: None.
The Mayor called the meeting into recess at 8:16 p.m., and reconvened the meeting at 8:27 p.m.
10C. Consideration of Revisions to the Community Grant Program Policy.
Contact Person: Management Analyst Fisher
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 adopt the revisions to Administrative Policy No. C020 Community Grant Program.
Management Analyst Fisher presented the staff report.
SPEAKERS:
Stacy Reddell and Kathleen Lees spoke regarding this item.
COUNCIL ACTION:
Blackwell moved, Lyndes seconded to adopt the revisions to Administrative Policy No. C020 Community Grant Program as presented by staff and amended as follows: 1) Section II.B. amended to include “up to a maximum of $3,000 per fiscal year;” 2) codify an ultimate discretion for approval is with the Council; 3) revisit the policy in one year; and 4) direct staff to track and note if grant funds were allocated, but not used in a prior grant year. Motion Carried. Ayes:
Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent:
None.
11. INFORMATIONAL ITEMS
11A. Streetscape and Drainage Update. Contact Person: Principal Engineer Widelski
Recommended Action: Receive the oral report and possible direction to Staff.
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Principal Engineer Widelski presented the report and responded to questions from the Council.
SPEAKERS:
Christine Wagner, Scott Campbell, Gary Murphy, Pepper and Patty Stottlemyer spoke regarding this item.
There was Council consensus to direct staff to: 1) review the 2017 Preliminary Study and see how it can be updated, implemented, timeline, and associated costs for budget discussions; 2) look at additional funding opportunities; and 3) review the force main for the Phoebe pump station and possibility for extension during streetscape construction.
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 meeting and also announced that he was appointed as the Vice Chair for the SANDAG transportation committee.
14. CITY MANAGER REPORTS
City Manager Antil reported on the following upcoming events:
• Dining with a Deputy March 12, 2024
• Donuts with a Deputy March 16, 2024
• Senior Citizen Commission Service Award
• Youth Piano Concerto Competition
• 4th Grade Water Awareness Poster Contest
15. CITY ATTORNEY REPORTS
No City Attorney report was given.
City Clerk Hollywood reported on available resources for the upcoming March 5, 2024, Presidential Primary Election. Residents should contact the San Diego County Registrar of Voters for additional information – www.sdvote.com .
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16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 10:25 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers
Deputy City Clerk
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