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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
MARCH 13, 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, Assistant City Manager Campbell, Development Services Director Kusiak, Sheriff’s Captain Lawrence, Acting Assistant Director of Engineering Magdosku, City Traffic Engineer Bandegan, 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 Mayor’s Certificate of Excellence Award Mayor Kranz presented the Mayor’s Certificate of Excellence Award to Robert Lobel, Sergio Mora, Tyler Sams, and Aaron Thomasin in recognition of their rendering of aid in a sudden and unexpected situation which resulted in the preservation of life. Members of the Marine Safety and Fire Department were present as well as Deputy Fire Chief Sanchez who acknowledged the lifesaving efforts of the individuals honored at the Council meeting.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Tom Leedy, Jillian Pillsbury, and Alyce Fernebok spoke regarding traffic calming measures on Eolus Avenue.
Mark Wilcox spoke regarding banning smoking in multi-family housing units.
Jeryl Anne Kessler spoke regarding the Staver project on Melba Road.
Sandra Anderson spoke regarding the Mobility and Traffic Safety Commission Meeting held on March 11, 2024.
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Mike Conway spoke regarding Beacon’s Beach.
Scott Campbell spoke regarding various topics.
Breena Fleener spoke regarding the upcoming Neptune Days Ocean Festival on August 9th and 10th at Moonlight Beach.
Natalie Settoon spoke regarding e-bike safety.
6. REPORT FROM CLOSED SESSION
No Closed Session meeting was held.
7. CHANGES TO THE AGENDA
There were no changes to the posted agenda.
8. CONSENT CALENDAR
City Clerk Hollywood announced that Consent Calendar Item 8H was removed from the Consent Calendar by members of the public.
COUNCIL ACTION:
Ehlers moved, Blackwell seconded to close and adopt the Consent Calendar with the exception of Item 8H. 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 14, 2024, Regular Meeting; February 21, 2024, Special-Closed Session Meeting; February 21, 2024, Regular Meeting; and February 28, 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.
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8D. Preparation and Filing of the Encinitas Landscape and Lighting District Annual Engineer’s Report. Contact Person: Senior Management Analyst Lisenbee
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. 2024-20 titled, “A Resolution of the City Council of the City of Encinitas, California, Directing the Preparation and Filing of the Encinitas Landscape and Lighting District’s Annual Engineer’s Report for the Purposes of Levying and Collecting Assessments for Fiscal Year 2024-25.”
8E. Agreement for as-needed environmental project management services with Recon Environmental, Inc. Contact Person: Park Operations Manager Norgard
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, in consultation with the City Attorney, to execute an agreement in substantial form with Recon Environmental, Inc., and any necessary amendments and time extensions.
The agreement will be for a not-to-exceed amount of $100,000 over the four-year period if both renewal options are exercised after the initial two- year term.
8F. Amendment No. 3 to Agreement with Dudek for Regulatory Permitting, Coastal Development Permit and CEQA Consulting Services. Contact Person: Management Analyst Horn
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: City Council to authorize the City Manager to execute Amendment No. 3 with Dudek for Regulatory Permitting, Coastal DocuSign Envelope ID: C573D572-6D1C-4249-B4CE-F025F83477E2
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Development Permit and CEQA Consulting Services, in conjunction with the City Attorney, in substantial form, increasing the agreement not-to- exceed amount of $245,400 by $18,645, for a total not-to-exceed amount of $264,045.
8G. Adoption of 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 Charges.” 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: Staff recommends that the City Council adopt 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 Charges.”
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8H. Legislative position letters 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: 1) Approve Support Letter for SB 1077 – Unlocking Coastal ADU Production (Blakespear); and 2) Approve Support Letter for SB 1479 – California Agritourism Promotion Act: Agritourism Civil Liability (Alvarado-Gil).
SPEAKERS:
Ellen Burr and Kevin Doyle spoke regarding this item.
Assistant City Manager Campbell and Development Services Director Kusiak responded to questions from the Council.
COUNCIL ACTION:
Hinze moved, Kranz seconded to: 1) approve Support Letter for SB 1077- Unlocking Coastal ADU Production (Blakespear); and 2) DocuSign Envelope ID: C573D572-6D1C-4249-B4CE-F025F83477E2
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approve Support Letter for SB 1479- California Agritourism Promotion Act: Agritourism Civil Liability (Alvarado-Gil). 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 the Displacement Risk Analysis Study. 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: Provide direction to staff on strategies to be included in an action program.
Associate Planner Cvetko and Stafford Nichols from Beacon Economics presented the staff report and responded to preliminary questions from the Council.
SPEAKERS:
Caron Schraeder, Scott Campbell, and Rhonda Graves spoke in opposition to the recommended action.
Bob Kent and Kevin Doyle spoke in support of the recommended action.
Mayor Kranz called the meeting into recess at 7:51 p.m., and reconvened the meeting at 8:04 p.m.
COUNCIL ACTION:
Kranz moved, Ehlers seconded to direct staff to intermix elements of the Equity Study and the Displacement Risk Analysis Study and return with a report including recommendations to develop an Equity Action Plan and a Displacement Risk Action Plan based on comments provided by Council and the professional opinion of staff. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays:
None. Absent: None. Abstain: None.
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10B. List of roadways to implement speed limit reductions based on Assembly Bill 43 (AB43). Contact Person: City Traffic Engineer Bandegan Environmental Considerations: The action being considered 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: Receive the report on AB43 streets list selection and provide input and feedback to staff.
City Traffic Engineer Bandegan presented the staff report and responded from preliminary questions from the Council.
SPEAKERS:
Kristine Schindler, Michael von Neumann, and Judy Berlfein spoke in support of the recommended action.
Sheriff’s Captain Lawrence responded to questions from the Council.
COUNCIL ACTION:
Hinze moved, Kranz seconded to: 1) approve the proposed AB43 roadways list as proposed by staff and shown in attachment 4 of the agenda report with the inclusion of Eolus Avenue, Hymettus Avenue, Village Park Way, and Via Cardiff; 2) direct the City Manager to provide extensive public outreach including the use of direct mailers; and 3) authorize Council Member Ehlers to work with Traffic Engineering Staff to remove streets from the list where street speed reductions are not warranted in District 4. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None. Abstain: None. 10C. Proposed Public Health and Safety Commission Work Plan for Calendar Year 2024. Contact Person: Assistant to the City Manager Yum 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 approve the proposed Public Health and Safety Commission Work Plan for Calendar Year 2024.
Assistant to the City Manager Yum presented the staff report and responded to preliminary questions from the Council.
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SPEAKERS:
Rhonda Graves and Rachel Graves spoke in opposition to the recommended action.
Public Health and Safety Commission Chair Morton responded to questions from the Council.
COUNCIL ACTION:
Hinze moved, Blackwell seconded to approve the Public Health and Safety Commission Work Plan for Calendar Year 2024 amended to: a) remove Item #3 (and renumber the list accordingly); b) reword Item #9 to state: “Support, review, and make possible recommendations for the City’s ongoing efforts to safeguard Olivenhain and high risk fire zones citywide; and c) add “and recommendations” to the end of Item #13. Motion Carried. Ayes: Blackwell, Hinze, Kranz, and Lyndes.
Nays: Ehlers. Absent: None. Abstain: None.
11. INFORMATIONAL ITEMS
11A. Reporting of the granting of an Emergency Coastal Development Permit for interim maintenance and repair work for the failed storm drain infrastructure within the Lake Drive Storm Drain System. Contact Person: Senior Planner Danna
Environmental Considerations: The project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15269 (b). CEQA Guideline Section 15269 (b) (Emergency Projects) exempts emergency repairs to publicly or privately owned facilities necessary to maintain service essential to the public health, safety, or welfare.
Recommended Action: City Council receive and file the report and attachments.
Development Services Director Kusiak presented the staff report.
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 Hinze reported that the new NCTD Executive Director, Shawn Donaghy had begun his role this month.
Mayor Kranz reported on a SANDAG retreat.
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14. CITY MANAGER REPORTS
City Manager Antil reported on an upcoming open data portal training being presented by SANDAG.
15. CITY ATTORNEY REPORTS
No City Attorney report was given.
City Clerk Hollywood reported on the following vacancies on City Commissions stating that applications are available on the City’s website and the deadline to apply is March 14, 2024, at 5:00 p.m.:
• one vacancy on the Planning Commission – Old Encinitas representative • two vacancies on the Senior Commission
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 10:18 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers
Deputy City Clerk
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