2/28/2024 Regular Meeting Page 1 Mtg. #2024-____, Bk#40, Page ___
MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
FEBRUARY 28, 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, City Engineer Bankston, Director of Finance/City Treasurer McBroome, Development Services Director Kusiak, Deputy City Manager Sapa’u, 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
Mark Wilcox spoke regarding marijuana.
Kelly McCormick spoke regarding traffic safety.
Ellen Burr spoke regarding various topics.
Scott Campbell spoke regarding various topics.
Natalie Setton spoke regarding parking and traffic safety.
Elena Thompson spoke regarding petitions being circulated for signatures and the Public Health and Safety Commission.
6. REPORT FROM CLOSED SESSION
No Closed Session meeting was held.
DocuSign Envelope ID: 8B63937E-9C97-4A98-B765-46F6BAD492E3
2/28/2024 Regular Meeting
2/28/2024 Regular Meeting Page 2 Mtg. #2024-____, Bk#40, Page __
7. CHANGES TO THE AGENDA
Mayor Kranz announced that Item 12A would be taken out of order and heard before Action Item 10A.
City Clerk Hollywood announced that there were no changes to the posted agenda.
She noted that regarding Action Item 10B, amended pages 177-179 were posted to the online agenda and provided to the City Council.
8. CONSENT CALENDAR
COUNCIL ACTION:
Lyndes moved, Hinze seconded to close and adopt the Consent Calendar. Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent: None. Abstain: 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 February 06, 2024, Special Joint Meeting with San Dieguito Water District; February 14, 2024, Special-Closed Session Meeting; and February 14, 2024, Special Meeting. Contact Person: City Clerk Hollywood
Recommended Action: Approve the Minutes.
8C. Acceptance of the FY 2022-23 Citywide Street Overlay and Slurry Seal Project (CS23A). 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 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. 2024-09, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the FY 2022-23 Citywide Street Overlay and Slurry Seal Project (CS23A).” DocuSign Envelope ID: 8B63937E-9C97-4A98-B765-46F6BAD492E3
2/28/2024 Regular Meeting
2/28/2024 Regular Meeting Page 3 Mtg. #2024-____, Bk#40, Page __
8D. Amend the current budget to appropriate $27,965 to Project No. WC23B Traffic Study Infrastructure Improvements, otherwise known as the Safety and Mobility Improvements in the Vicinity of Housing Element Sites Study, to fund additional scope of work. 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 government that will not result in the direct or indirect physical change in the environment.
Recommended Action: Adopt City Council Resolution No. 2024-21 titled, “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-2024 Budget” to appropriate $27,965 to the Traffic Study Infrastructure Improvements work project (WC23B). 8E. Correction to Environmental Policy – C025. Contact Person: Sustainability Manager Najera
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 a correction to Environmental Policy – C025.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
No items were removed from the Consent Calendar.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
12A. Council initiated item from Councilmember Hinze regarding support for SB 1137 and opposition to the 2024 repeal referendum which would block implementation of safety setback legislation prohibiting new or modified oil and gas wells within 3,200 feet of homes, schools, daycare centers, parks, healthcare facilities, and businesses. Contact Person: Council Member Kellie Shay Hinze
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
2/28/2024 Regular Meeting
2/28/2024 Regular Meeting Page 4 Mtg. #2024-____, Bk#40, Page __
government that will not result in the direct or indirect physical change in the environment.
Recommended Action: Adopt Resolution 2024-24 titled, “A Resolution of the City Council of the City of Encinitas, California, to Defend Health and Safety Setback Regulations and Endorse the Campaign for A Healthy and Safe California,” and affirming support of safety setback from oil drilling near homes, schools, daycare centers, parks healthcare facilities and businesses.
Council Member Hinze presented the agenda item.
SPEAKERS:
Alby Quinlan, Daryn Tarasewicz, Taarika Sethee, Jim Wang, Kiren Rhodes, Abby Deckert, Isabel White, Danny Fuchs, Syndey Chan, and Sofia Carrasco spoke in support of the recommended action.
COUNCIL ACTION:
Lyndes moved, Hinze seconded to adopt Resolution 2024-24 titled, “A Resolution of the City Council of the City of Encinitas, California, to Defend Health and Safety Setback Regulations and Endorse the Campaign for A Healthy and Safe California,” and affirming support of safety setback from oil drilling near homes, schools, daycare centers, parks healthcare facilities and businesses. Motion Carried. Ayes:
Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent:
None. Abstain: 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 Draft report of the City of Encinitas Sewer Rate Cost of Service Study (Study) for the Cardiff Sanitary Division (CSD) and the Encinitas Sanitary Division (ESD) and initiation of Proposition 218 rate setting process. 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: 1) Adopt the draft Study as final; 2) Authorize mailing of notices to ratepayers, as required by Proposition 218; 3) Schedule a public hearing on April 24, 2024, to: a) Review written protests DocuSign Envelope ID: 8B63937E-9C97-4A98-B765-46F6BAD492E3
2/28/2024 Regular Meeting
2/28/2024 Regular Meeting Page 5 Mtg. #2024-____, Bk#40, Page __
and consider adoption of Sewer Rates, as required by Proposition 218; b) Consider adoption of Capacity Fees (escalated annually to adjust for construction cost inflation); and 4) Introduce Ordinance No. 2024-01 titled, “An Ordinance of the City Council of the City of Encinitas, California, Amending Encinitas Municipal Code Chapter 18.08 Regarding Sewer Connection Fees and Sewer Service Charge.”
Senior Management Analyst Elmore, and Carmen Kasner from Ardurra presented the staff report and responded to questions from the Council.
COUNCIL ACTION:
Hinze moved, Hinze seconded to: 1) adopt the draft study as final; 2) authorize mailing of notices to ratepayers, as required by Proposition 218; 3) schedule a public hearing on April 24, 2024, to: a) review written protests and consider adoption of sewer rates, as required by Proposition 218; b) consider adoption of capacity fees (escalated annually to adjust for construction cost inflation); and 4) introduce Ordinance No. 2024-01 titled, “An Ordinance of the City Council of the City of Encinitas, California, Amending Encinitas Municipal Code Chapter 18.08 Regarding Sewer Connection Fees and Sewer Service Charge.” Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None. Abstain: None.
10B. Receive Infrastructure Task Force Final Report and Recommendations, Receive Ballot Measure Polling Results Presentation, and Amend the TeamCivX Agreement for Ballot Measure Formation and Outreach.
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) Receive Infrastructure Task Force Final Report and Approve its Recommendations to: a) Approve the Project Ranking Rubric; 2) Receive Presentation on Voter Survey Results; and 3) Authorize the City Manager or designee, in coordination with the City Attorney, to execute Agreement Amendment No. 1 in substantial form as contained in Attachment 2, to the Agreement for TeamCivX to conduct Phase 2 of the agreement to Conduct Outreach and Ballot Writing Services for an increase of $90,000 plus 15 percent contingency for a total increase of $103,500, from the original not-to-exceed amount of $70,000 to a new not-to-exceed amount of $173,500.
DocuSign Envelope ID: 8B63937E-9C97-4A98-B765-46F6BAD492E3
2/28/2024 Regular Meeting
2/28/2024 Regular Meeting Page 6 Mtg. #2024-____, Bk#40, Page __
Director of Engineering Bankston, Amy Restelli and Caralee Jaeckels from Kimley-Horn, and Infrastructure Task Force Chair Linda Culp presented the staff report and responded to questions from the Council.
Dr. Timothy McLarney from True North Research and Jared Boigon from TeamCivX presented the polling results and responded to questions from the Council.
SPEAKERS:
Scott Campbell and Elena Thompson spoke regarding this item.
COUNCIL ACTION:
Hinze moved, Kranz seconded to: 1) receive the Infrastructure Task Force Final Report as written and approve its recommendations for revenue sources; 2) receive the Project Ranking Rubric; 3) receive presentation on Voter Survey Results; and 4) Authorize the City Manager or designee, in coordination with the City Attorney, to execute Agreement Amendment No. 1 in substantial form as contained in Attachment 2, to the Agreement for TeamCivX to conduct Phase 2 of the agreement to Conduct Outreach and Ballot Writing Services for an increase of $90,000 plus 15 percent contingency for a total increase of $103,500, from the original not-to-exceed amount of $70,000 to a new not-to-exceed amount of $173,500. Motion Carried.
Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None.
Absent: None. Abstain: None.
Mayor Kranz called the meeting into recess at 8:51 p.m., and reconvened the meeting at 9:02 p.m.
10C. Pacific View Arts Center Start Up and Operations. Contact Person: Arts Program Administrator Murphy
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 staff’s recommendations for Pacific View Arts Center Start Up and Operations; and 2) Provide direction to staff.
Arts Program Administrator Murphy presented the staff report and responded to questions from the Council.
Deputy Mayor Sapa’u and Senior Engineer Cabrera responded to questions from the Council.
DocuSign Envelope ID: 8B63937E-9C97-4A98-B765-46F6BAD492E3
2/28/2024 Regular Meeting
2/28/2024 Regular Meeting Page 7 Mtg. #2024-____, Bk#40, Page __
SPEAKERS:
Jennifer Marakovits and Naimeh Woodward spoke regarding this item.
COUNCIL ACTION:
Lyndes moved, Hinze seconded to approve staff’s recommendations for Pacific View Arts Center Start Up and Operations as presented.
Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes.
Nays: None Absent: None. Abstain: None.
10D. Fiscal Year 2023-24 Midyear Budget Status Report and Proposed Budget Amendments. Contact Person: Finance Manager Sanderson
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 Fiscal Year 2023-24 Midyear Budget Status Report; 2) Adopt Resolution No. 2024-22 titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget;” and 3) Adopt Resolution No. 2024-23 titled “A Resolution of the City Council of the City of Encinitas, California, Amending Position Titles and Pay Ranges for the City of Encinitas for Fiscal Year 2023-24.”
Finance Manager Sanderson presented the staff report and Finance staff responded to questions from the Council.
SPEAKER:
Scott Campbell spoke regarding this item.
COUNCIL ACTION:
Kranz moved, Hinze seconded to: 1) receive and file the Fiscal Year 2023-24 Midyear Budget Status Report; and 2) adopt Resolution No. 2024-22 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. Abstain: None.
Kranz moved, Hinze seconded to adopt Resolution No. 2024-23 titled “A Resolution of the City Council of the City of Encinitas, California, Amending Position Titles and Pay Ranges for the City of Encinitas for Fiscal Year 2023-24” amended to only include the addition of the proposed Homeless Solutions Coordinator position and the deletion of the proposed Rental Assistance Program Manager position. Motion DocuSign Envelope ID: 8B63937E-9C97-4A98-B765-46F6BAD492E3
2/28/2024 Regular Meeting
2/28/2024 Regular Meeting Page 8 Mtg. #2024-____, Bk#40, Page __
carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays:
None. Absent: None. Abstain: None.
Hinze moved to approve the proposed Rental Assistance Program Manager position. Motion failed for lack of a second.
Kranz moved, Blackwell seconded to readopt Resolution 2024-22 titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget” amended to include the addition of the proposed Homeless Solutions Coordinator position and the deletion of the proposed Rental Assistance Program Manager position. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None. Abstain: None.
11. INFORMATIONAL ITEMS
There were no Informational items.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Council Member Lyndes reported on a San Diego County Water Authority Meeting.
Council Member Ehlers reported on an Encina Wastewater Authority Meeting.
Mayor Kranz reported on a SANDAG meeting.
14. CITY MANAGER REPORTS
City Manager Antil reported on the following upcoming events:
• Dining with a Deputy on March 12, 2024
• Donuts with a Deputy on March 16, 2024
15. CITY ATTORNEY REPORTS
City Attorney Preziosi reported on an update on the Grants Pass Amicus Brief.
City Clerk Hollywood reported on the following vacancies on City Commissions/Committee and stated that applications were available on the City’s website:
• one vacancy on the Planning Commission – Old Encinitas representative, • two vacancies on the Senior Commission
• one vacancy on the Urban Forest Advisory Committee
DocuSign Envelope ID: 8B63937E-9C97-4A98-B765-46F6BAD492E3
2/28/2024 Regular Meeting
2/28/2024 Regular Meeting Page 9 Mtg. #2024-____, Bk#40, Page __
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 10:48 p.m. in memory of Tom Anderson at 10:43 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers
Deputy City Clerk
DocuSign Envelope ID: 8B63937E-9C97-4A98-B765-46F6BAD492E3