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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
APRIL 24, 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, Deputy City Manager Sapa’u, Director of Utilities/SDWD General Manager Hireish, Director of Public Works Mabry, Sheriff’s Captain Watts, Senior Management Analyst Elmore, 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 May 2024 as Bike Month Mayor Kranz presented the proclamation declaring May 2024 as Bike Month to the following individuals:
• Judy Berlfein, Chair of Bike Walk Encinitas
• Cara Dolnik, Principal, San Dieguito Academy
• Janie Overland, Youth Outreach Coordinator, San Diego Bicycle Coalition
• Kristine Schindler, Cycling Advocate
• Captain Shane Watts, San Diego Sheriff’s Department
• Nick Buck, Mobility Manager
• Michael von Neumann, Cycling Advocate
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Philip Koekemoer spoke regarding residential height ordinances.
Raul Villamar spoke regarding marijuana smoke downtown.
Scott Campbell spoke regarding various topics.
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Treena Priest spoke regarding marijuana storefronts.
Daniel Molitor spoke regarding various topics.
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 Mayor Kranz was pulling item 8E from the Consent Calendar.
Council Member Ehlers announced that he was pulling item 8H from the Consent Calendar.
COUNCIL ACTION:
Hinze moved, Blackwell seconded to close and adopt the Consent Calendar with the exception of Items 8E and 8H. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, 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 April 10, 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. Emergency Repairs to Fire Station #4 (CF23D). Contact Person: Senior Management Analyst Elmore
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Environmental Considerations: The activity is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269(b) of the CEQA Guidelines, which exempts emergency repairs to publicly owned service facilities necessary to maintain service essential to the public health, safety, or welfare.
Recommended Action: Adopt Resolution No. 2024-44, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget.”
Recommended Action: Adopt Resolution No. 2024-45, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget.”
8F. Sewer Line Failure at Swami’s Beach Restroom (CF24A). Contact Person:
Senior Management Analyst Elmore
Environmental Considerations: The activity is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269(b) of the CEQA Guidelines, which exempts emergency repairs to publicly owned service facilities necessary to maintain service essential to the public health, safety, or welfare.
Recommended Action: Adopt Resolution No. 2024-43, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget.”
8G. Renewal of the Encinitas Landscape and Lighting District for FY 2024-25.
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: 1) Adopt Resolution No. 2024-37 titled, “A Resolution of the City Council of the City of Encinitas, California, Declaring its Intention to Order the Renewal of the Encinitas Landscape and Lighting District for FY 2024-25 and Setting of a Public Hearing on May 22, 2024, Pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California;” and 2) Set the Encinitas Landscape and Lighting District renewal public hearing for May 22, 2024. 8I. Amendment to the Agreement for downtown sidewalk cleaning services with Sweeping Corporation of America. Contact Person: Management Analyst Horn
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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 to execute Amendment #3 to the agreement with Sweeping Corporation of America (SCA of CA, LLC), previously doing business as Pacific Sweeping, for Sidewalk Cleaning Services, in substantial form, in conjunction with the City Attorney, expanding the scope of services and increasing the total agreement not-to exceed amount by $63,000 to $1,338,019. 8J. Legislative position letters submitted to City Council for support and opposition. 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 AB 2234 – Vehicles:
Electric Bicycles (Boerner); 2) Approve Opposition Letter for SB 1164 – Property Taxation: New Construction Exclusion: Accessory Dwelling Units (Newman); 3) Approve Opposition Letter AB 1886 – Housing Element Law:
Substantial Compliance: Housing Accountability Act (Alvarez); 4) Approve Support Letter for SB 913 – Substance Use Disorder Treatment: Facilities (Umberg); and 5) Approve Support Letter for AB 2574 – Alcoholism or Drug Abuse Recovery or Treatment Facilities (Valencia).
8K. Agreement Amendment with L.C. Paving & Sealing, Inc. for Public Works General Repair. 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 the City Manager, in conjunction with the City Attorney, to execute a first amendment to the agreement in substantial form for General Services and Maintenance with L.C. Paving & Sealing, Inc., (L.C. Paving) to add $276,300 of capacity, for a new initial not- DocuSign Envelope ID: 17239F29-BE92-46A0-83BF-1D05966B21FF
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to exceed amount of $999,500, and a total not-to-exceed amount of $2,083,682 for the full term with all extensions.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8E. Emergency Repairs to Fire Station #6 (CF23B). Contact Person: Senior Management Analyst Elmore
Environmental Considerations: The activity is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269(b) of the CEQA Guidelines, which exempts emergency repairs to publicly owned service facilities necessary to maintain service essential to the public health, safety, or welfare.
Recommended Action: Adopt Resolution No. 2024-45, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget.”
This item was removed from the Consent Calendar by Mayor Kranz for additional discussion.
COUNCIL ACTION:
Kranz moved, Ehlers seconded to: 1) adopt Resolution No. 2024-45, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-2024 Budget,” and 2) to provide direction the City Manager to bring back information on steps and costs to find an appropriate location for Fire Station #6. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays:
None. Absent: None. Abstain: None.
8H. Commission for the Arts Work Plan Outcomes for 2023-2024 and Proposed Work Plan for 2024-2025. 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 final report outcomes regarding the 2023-24 Commission for the Arts Work Plan; and 2) Approve the proposed 2024-25 Commission for the Arts Work Plan.
This item was removed from the Consent Calendar by Council Member Ehlers for additional discussion.
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COUNCIL ACTION:
Ehlers moved, Kranz seconded to approve the proposed 2024-25 Commission for the Arts Work Plan AMENDED to include the following: 1) to identify new sculptures for placement; and 2) to provide a defined art jurying criteria to include a rating system threshold. 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. Public Hearing and Introduction of Ordinance No. 2024-05 setting Cardiff Sanitary Division Sewer Service Rates and Ordinance No. 2024-06 setting Encinitas Sanitary Division Sewer Service Rates. 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) Conduct a public hearing; 2) Introduce Ordinance No. 2024-05, titled “An Ordinance of the City Council of the City of Encinitas, California, Setting Cardiff Sanitary Division Sewer Service Rates;” and 3) Introduce Ordinance No. 2024-06, titled “An Ordinance of the City Council of the City of Encinitas, California, Setting Encinitas Sanitary Division Sewer Service Rates.”
Senior Management Analyst Elmore and Cynthia Peraza from the Ardurra Group presented the staff report.
COUNCIL DISCLOSURES OF ADDITIONAL INFORMATION RECEIVED
BUT NOT INCLUDED IN THE STAFF REPORT
Council Member Lyndes had nothing to disclose.
Council Member Ehlers had nothing to disclose.
Council Member Hinze had nothing to disclose.
Deputy Mayor Blackwell had nothing to disclose.
Mayor Kranz had nothing to disclose.
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Mayor Kranz opened the Public Hearing at 6:45 p.m.
PUBLIC SPEAKERS:
Jeff Miller, Sarah Territo, and John Johnson spoke in opposition to the recommended action.
Scott Campbell spoke regarding this item.
Jon Clausen and Mike Metzger registered opposition to the recommended action but chose not to speak.
Staff responded to questions from the Council.
Mayor Kranz closed the Public Hearing at 7:12 p.m.
COUNCIL ACTION:
Ehlers moved, Hinze seconded to: 1) introduce Ordinance No. 2024- 05, titled “An Ordinance of the City Council of the City of Encinitas, California, Setting Cardiff Sanitary Division Sewer Service Rates;” and 2) introduce Ordinance No. 2024-06, titled “An Ordinance of the City Council of the City of Encinitas, California, Setting Encinitas Sanitary Division Sewer Service Rates.” Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
Abstain: None.
10B. Public Hearing to consider and approve Resolution No. 2024-35 approving the FY 2024-25 Annual Action Plan for the Community Development Block Grant (“CDBG”) Program. Contact Person: Housing Management Analyst Schubert
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 defined as a “project” under Section 15378(b)(5). The action involves an organizational or administrative activity of government that will not result in direct or indirect physical change in the environment.
Recommended Action: 1) Adopt Resolution No. 2024-35, titled “A Resolution of the City Council of the City of Encinitas, California, Approving the Fiscal Year (FY) 2024-25 Community Development Block Grant (CDBG) Program Budget, FY 2024-25 Annual Action Plan, and Authorizing Submission of the FY 2024-25 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD)”; 2) Authorize the City Manager, or designee, to transmit the FY 2024-25 Annual Action Plan and execute required certifications to the U.S. Department of Housing and Urban Development (“HUD”); and 3) Authorize the City Manager, or designee, to execute all funding agreements and documents consistent with the FY 2024-25 Annual Action Plan.
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Housing Management Analyst Schubert presented the staff report.
COUNCIL DISCLOSURES OF ADDITIONAL INFORMATION RECEIVED
BUT NOT INCLUDED IN THE STAFF REPORT
Council Member Lyndes had nothing to disclose.
Council Member Ehlers had nothing to disclose.
Council Member Hinze had nothing to disclose.
Deputy Mayor Blackwell had nothing to disclose.
Mayor Kranz had nothing to disclose.
Mayor Kranz opened the Public Hearing at 7:17 p.m.
There were no public speakers.
Mayor Kranz closed the Public Hearing at 7:17 p.m.
COUNCIL ACTION:
Kranz moved, Hinze seconded to: 1) adopt Resolution No. 2024-35, titled “A Resolution of the City Council of the City of Encinitas, California, Approving the Fiscal Year (FY) 2024-25 Community Development Block Grant (CDBG) Program Budget, FY 2024-25 Annual Action Plan, and Authorizing Submission of the FY 2024-25 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD)”; 2) authorize the City Manager, or designee, to transmit the FY 2024-25 Annual Action Plan and execute required certifications to the U.S. Department of Housing and Urban Development (“HUD”); and 3) authorize the City Manager, or designee, to execute all funding agreements and documents consistent with the FY 2024-25 Annual Action Plan. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
Abstain: None.
10C. City Council to provide policy direction for the preparation of a mature tree ordinance. Contact Person: Senior Mobility Planner Jedynak 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 would be determined and conducted prior to the adoption of any resulting ordinance.
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Recommended Action: Receive the report and discuss project policy direction.
Senior Mobility Planner Jedynak presented the staff report and responded to questions from the Council.
SPEAKERS:
Tom Cozens, Mark Wisniewski, Jennifer Hewitson, and Brad Roth spoke regarding this item.
Staff responded to additional questions from the Council.
City Council provided feedback and comments to staff for the preparation of a mature tree Ordinance.
11. INFORMATIONAL ITEMS
11A. Mobility Update. Contact Person: Mobility Manager Buck Recommended Action: Receive the oral report.
Mobility Manager Buck presented the Mobility Update report and responded to questions from the Council.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
There were no Council Member Initiated Agenda items.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Council Member Lyndes reported on a SANDAG meeting and a San Elijo Joint Powers Authority meeting.
Council Member Ehlers reported on a San Elijo Joint Powers Authority meeting.
Council Member Hinze reported on a North County Transit District meeting and attending the California Bicycle summit in San Diego.
Mayor Kranz reported on attending the California Bicycle summit in San Diego.
14. CITY MANAGER REPORTS
City Manager Antil reported on the following upcoming events in the City of Encinitas:
• Movies in the Park – Elemental at Glen Park, Saturday May 4th at 6:00 p.m. • Free Document Shredding Event, Saturday May 18th at City Hall from 9:00 a.m. to 12:00 p.m.
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15. CITY ATTORNEY REPORTS
No City Attorney report was given.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 9:00 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers, Deputy
City Clerk
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