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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
MAY 8, 2024, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Kranz called the meeting to order at 6:01 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, Deputy City Attorney Smith, Director of Utilities/SDWD General Manager Hireish, 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 in recognition of Jewish American Heritage Month
Mayor Kranz presented the proclamations in recognition of Jewish American Heritage Month to Elaine Feuer-Barton, Board Member, Anti- Defamation League, Josh Feder, Government Relations Committee Member, American Jewish Committee’s Regional Office, and Sara Brown, Director American Jewish Committee, San Diego Office.
Mayor Kranz announced that Item 4C would be presented before Item 4B. 4C. Presentation by Solana Center for Environmental Innovation Jessica Toth, Executive Director of the Solana Center for Innovation presented “40 Years of Making the Possible Practical with the City of Encinitas.”
4B. Presentation of Proclamation to Celebrate Solana Center for Environmental Innovation’s 40th Anniversary
Mayor Kranz presented the proclamation to Jessica Toth, Executive Director of the Solana Center for Innovation, Board Members, and Solana Center Staff.
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5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Natalie Settoon spoke regarding various topics.
Tom Leedy, Jillian Pillsbury, Alyce Fernebok, and Teri McFarland spoke regarding traffic and speeding on Eolus Avenue.
Jeryl Anne Kessler spoke regarding the Staver project on Melba Road.
Barbara Gordon spoke regarding marijuana dispensaries in Encinitas.
Barry Blumenthal and Doug Marker spoke regarding a skatepark bowl at Moonlight Beach Park.
Maria Ardantz spoke regarding the potential development of a 100% affordable housing project at L-7 at 634 Quail Gardens Drive.
Rachel Graves spoke regarding the Public Health and Safety Commission.
6. REPORT FROM CLOSED SESSION
Mayor Kranz reported that the City Council held a Closed Session at approximately 5:00 p.m., to consider one item, and there was no reportable action.
7. CHANGES TO THE AGENDA
There were no changes to the posted agenda.
City Clerk Hollywood announced that there were no changes to the posted agenda but corrections had been posted to Consent Calendar Items 8B and 8G.
8. CONSENT CALENDAR
City Clerk Hollywood announced that Council Member Lyndes was pulling item 8B from the Consent Calendar.
Council Member Ehlers announced that he was pulling item 8G from the Consent Calendar.
COUNCIL ACTION:
Hinze moved, Lyndes seconded to close and adopt the Consent Calendar with the exception of Items 8B and 8G. 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 DocuSign Envelope ID: 93F4730C-C85F-4065-83C2-A09B487FD78A
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5/8/2024 Regular Meeting Page 3 Mtg. #2024-____, Bk#40, Page __ shall be introduced/adopted by title only. Contact Person: City Clerk Hollywood
Recommended Action: Approve.
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. Amendment to the Professional Services Agreement between the City of Encinitas and Fehr & Peers to develop the City’s Vehicle Miles Traveled VMT”) Exchange Program. Contact Person: Senior Mobility 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 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 programs.
Recommended Action: Authorize the City Manager, in coordination with the City Attorney, to execute Amendment No. 1 to the Professional Consultant Services Agreement, in substantial form, with Fehr & Peers to develop the VMT Exchange Program.
8E. Acceptance of the Highway Safety Improvement Program (HSIP) Cycle 9 El Camino Real Z-Crossing Project (CS20G). Contact Person: Engineer II Edgeworth
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. 2024-33, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting DocuSign Envelope ID: 93F4730C-C85F-4065-83C2-A09B487FD78A
DocuSign Envelope ID: 93F4730C-C85F-4065-83C2-A09B487FD78A Ji 0/ ..::.v..::.➔ 1'.t;gu1a1 lVlt;t;LJllg the Highway Safety Improvement Program (HSIP) Cycle 9 El Camino Real Z-Crossing Project (CS20G)."
SF. Rescind Resolution No. 2024-27 and Adopt Resolution No. 2024-52 to correct an error in the resolution title. Contact Person: Senior Engineer Cabrera
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) Rescind Resolution No. 2024-27 incorrectly titled, "Resolution of the City Council of the City of Encinitas Approving the Design and Plans for the Construction of the Olivenhain Trail Enhancements project, Pursuant to Government Code Section 830.6;" and 2)Adopt Resolution No. 2024-52 titled "Resolution of the City Council of the City of Encinitas Approving the Design and Plans for Restriping of Lone Jack Road, South El Camino Real, and Westlake Street Pursuant to Government Code Section 830.6."
9.ITEMS REMOVED FROM THE CONSENT CALENDAR
8B. Approval of the Minutes of the April 17, 2024, Special Meeting; April 17, 2024, Regular Meeting; and April 24, 2024, Regular Meeting. Contact Person: City Clerk Hollywood
Recommended Action: Approve the Minutes.
Council Member Lyndes stated that she pulled the minutes from the Consent Calendar to clarify the motion as presented in the April 17, 2024, Special Meeting Minutes.
Mayor and Council discussed their understanding of the motion.
COUNCIL ACTION:
Ehlers moved, Hinze seconded to approve the minutes with the April 17, 2024 Special Meeting Minutes amended to remove the last bullet item from the motion, "Codify Planning Commission native plant policy at 100% without the use of a consultant" (page 2 of the April 17, 2024 Special Meeting Minutes).
Kranz made a substitute motion to table approval of the minutes and bring back to a future meeting to discuss and review the video. Motion failed for a lack of second.
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5/8/2024 Regular Meeting Page 5 Mtg. #2024-____, Bk#40, Page __ The original motion was voted on.
Ehlers moved, Hinze seconded to approve the minutes with the April 17, 2024 Special Meeting Minutes amended to remove the last bullet item from the motion, “Codify Planning Commission native plant policy at 100% without the use of a consultant” (page 2 of the April 17, 2024 Special Meeting Minutes). Motion Carried. Ayes: Blackwell, Ehlers, Hinze, and Lyndes. Nays: Kranz. Absent: None. Abstain:
None.
8G. Adoption of 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 Ordinance No. 2024-06 titled "An Ordinance of the City Council of the City of Encinitas, California, Setting Encinitas Sanitary Division Sewer Service Rates.” Contact Person: Senior Management Analyst Elmore
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) Adopt 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) Adopt Ordinance No. 2024-06 titled “An Ordinance of the City Council of the City of Encinitas, California, Setting Encinitas Sanitary Division Sewer Service Rates.” COUNCIL ACTION:
Ehlers moved, Hinze seconded to: 1) adopt 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) adopt 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.
Ehlers moved, Hinze seconded to direct staff to bring back the rates on an annual basis in June or earlier of 2025, 2026, 2027, and 2028 to review the financials and to determine whether or not to suspend all or part of the rate increase (up to %). Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
Abstain: None.
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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. Youth Commission Applicant Interviews and Appointment. Contact Person:
City Clerk Hollywood
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: The City Council to hear from applicants and then approve the Mayor’s recommendations to appoint nine (9) applicants to the Youth Commission with terms ending June 2025.
SPEAKERS:
Quinn Crawford, Grace Melekian, Quade Kelley, Chet Kinzelberg, Miles Yui, Lola Hubbell, Dylan Yarbrough, Jonah Berman, David Leschnesky, Kiera O’Malley, Eve Roden, Benjamin Su, and Alyssa Turitto spoke regarding their qualifications and interest in serving on the Youth Commission.
COUNCIL ACTION:
Kranz moved, Lyndes seconded to appoint Quinn Crawford, Grace Melekian, Quade Kelley, Chet Kinzelberg, Miles Yui, Lola Hubbell, David Leschensky, Kiera O’Malley, and Benjamin Su to the Youth Commission with terms ending June 2025. Motion Carried. Ayes:
Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent:
None. Abstain: None.
10B. Introduction of Ordinance No. 2024-07 setting Capacity Fees for Cardiff Sanitary Division and Encinitas Sanitary Division and amending Encinitas Municipal Code Section 18.08.025. 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.
DocuSign Envelope ID: 93F4730C-C85F-4065-83C2-A09B487FD78A
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5/8/2024 Regular Meeting Page 7 Mtg. #2024-____, Bk#40, Page __ Recommended Action: 1) Hold a public hearing; and 2) Introduce Ordinance No. 2024-07 titled “An Ordinance of the City Council of the City of Encinitas, California, Setting Capacity Fees and Escalator for Cardiff Sanitary Division (CSD) and Encinitas Sanitary Division (ESD) and to Amend Encinitas Municipal Code Section 18.08.025.”
Senior Management Analyst Elmore 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 8:02 p.m.
There were no public speakers.
Mayor Kranz closed the Public Hearing at 8:02 p.m.
Senior Management Elmore and staff responded to questions from the Council.
COUNCIL ACTION:
Ehlers moved, Kranz seconded to introduce Ordinance No. 2024-07 titled “An Ordinance of the City Council of the City of Encinitas, California, Setting Capacity Fees and Escalator for Cardiff Sanitary Division (CSD) and Encinitas Sanitary Division (ESD) and to Amend Encinitas Municipal Code Section 18.08.025.” Motion Carried. Ayes:
Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Abstain:
None. Absent: None. Abstain: None.
11. INFORMATIONAL ITEMS
There were no Informational items.
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
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5/8/2024 Regular Meeting Page 8 Mtg. #2024-____, Bk#40, Page __ Council Member Lyndes reported on a San Diego County Water Authority Meeting and a Santa Fe Irrigation District/San Dieguito Water District Joint Advisory Committee meeting.
Council Member Hinze reported on an update from the San Elijo Joint Powers Authority regarding an intermittent leak on the Escondido outfall on April 30, 2024.
Deputy Mayor Blackwell reported on a Santa Fe Irrigation District/San Dieguito Water District Joint Advisory Committee Meeting.
Mayor Kranz reported on a SANDAG meeting and the appointment of the new SANDAG CEO Mario Orso.
Mayor Kranz, with Council concurrence, directed the City Manager to look at modifying the Municipal Code pertaining to the Youth Commission composition and allowing alternate members.
14. CITY MANAGER REPORTS
City Manager Antil reported on the following upcoming events in the City of Encinitas:
Free Document Shredding Event, Saturday May 18, 2024 at City Hall from 9:00 a.m. to 12:00 p.m.
Cyclovia, Sunday May 19, 2024 from 10:00 a.m. to 2:00 p.m. on Coast Highway
15. CITY ATTORNEY REPORTS
No City Attorney report was given.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 8:20 p.m.
Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers, Deputy
City Clerk
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