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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
MAY 22, 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, City Attorney Preziosi, Director of Engineering Bankston, Sheriff’s Captain Watts, 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 Proclamation declaring National Public Works Week Mayor Kranz presented the Proclamation to members of the Public Works Department.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Mark Wilcox spoke regarding marijuana dispensaries.
Kristine Schindler and Judy Berlfein spoke regarding the Cyclovia event held on Sunday May 19, 2024.
Mark Miville and Scott Campbell spoke regarding various topics.
Rachel Graves spoke regarding the School District Liaison Committee.
Natalie Settoon spoke regarding crime in the City.
Chris Ryan and June Honsberger spoke regarding the Leucadia/Hygeia roundabout.
Patty Stottlemyer spoke regarding budget allocations.
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Elena Thompson spoke regarding Council policies and actions.
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 8G was removed from the Consent Calendar by members of the public.
COUNCIL ACTION:
Hinze moved, Blackwell seconded to close and adopt the Consent Calendar with the exception of Item 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 shall be introduced/adopted by title only. Contact Person: City Clerk Hollywood
Recommended Action: Approve.
8B. Approval of the Minutes of the May 08, 2024, Special-Closed Session Meeting; and May 08, 2024, Regular Meeting. Contact Person: City Clerk Hollywood
Recommended Action: Approve the Minutes.
8C. Approval of Warrants List (Register of Demands). Contact Person: Finance Manager Dinh
Recommended Action: Staff recommends that the City Council review and approve the warrants.
8D. Recommended Projects for SB1 Funding (The Road Repair and Accountability Act of 2017) for Fiscal Year 2024-25. Contact Person:
Management Analyst Brown
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: CCB73427-08E0-451B-B0B6-D7692D381C4F
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government that will not result in the direct or indirect physical change in the environment.
Recommended Action: Adopt City Council Resolution No. 2024-54 titled, “A Resolution of the City Council of the City of Encinitas, California, Adopting a List of Projects for Fiscal Year 2024-25 Funded by SB1: The Road Repair and Accountability Act of 2017.”
8E. Adoption of Ordinance No. 2024-07 setting Capacity Fees for Cardiff Sanitary Division and Encinitas Sanitary Division. 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: Adopt 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.”
8F. Acceptance of the Lake Drive Canyon Temporary Bypass Project and Approve Amendment of the Fiscal Year 2023-24 Budget to Appropriate $810,000 to Project No. CX24C – Emergency Lake Dr Canyon Repair.
Contact Person: Engineer II Stryker
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) Authorize the filing of the Notice of Completion for Project No. CX24C – Emergency Lake Dr Canyon Repair; 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; 4) Adopt City Council Resolution No. 2024-57, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the Lake Drive Canyon Temporary Bypass Project (CX24C)”, accepting the public improvements for the subject project as complete to the satisfaction of the City of Encinitas; and 5) Adopt City Council Resolution No. 2024-58, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year DocuSign Envelope ID: CCB73427-08E0-451B-B0B6-D7692D381C4F
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2023-24 Budget” to appropriate $810,000 to Project No. CX24C – Emergency Lake Dr Canyon Repair.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8G. Award a Construction Contract for the Saxony & Quail Gardens Mobility Enhancements (CS24E) and the Emergency Bicycle Safety Enhancements (CX24A) Projects and appropriate $809,214 for the Saxony & Quail Gardens Mobility Enhancements Project (CS24E) and $1,079,106 for the Emergency Bicycle Safety Enhancements Project (CX24A). Contact Person: Engineer II Barr
Environmental Considerations: It has been determined that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (c) of the CEQA Guidelines. This section exempts projects characterized as minor alterations to public facilities, involving negligible or no expansion of the existing use. Since this project does not increase or reduce vehicular capacity and involves typical maintenance, striping, and repair on an existing public street, the proposed project satisfies the exemption criteria.
Recommended Action: 1) Authorize the City Manager, or designee, to execute a contract in substantial form, and any necessary amendments and time extensions, in consultation with the City Attorney, with Blue Pacific Engineering & Construction, Inc. in the amount of $1,612,064 plus 12.5 percent (12.5%) contingency of $201,508 for a total not-to-exceed construction contract amount of $1,813,572 including any future contract amendments within the awarded amount to construct the Saxony & Quail Gardens Mobility Enhancements and the Emergency Bicycle Safety Enhancements projects; and 2) Adopt City Council Resolution No. 2024-32, titled, “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-2024 Budget” to appropriate $809,214 to the Saxony & Quail Gardens Mobility Enhancements Project (CS24E) and $1,079,106 to the Emergency Bicycle Safety Enhancements Project (CX24A).
Traffic Engineer Bandegan presented the staff report.
SPEAKERS:
Chris Ryan, June Honsberger, and Patty Stottlemyer spoke in opposition to the recommended action.
Brian Blair spoke in support of the recommended action.
COUNCIL ACTION:
Kranz moved, Hinze seconded to: 1) authorize the City Manager, or designee, to execute a contract in substantial form, and any necessary amendments and time extensions, in consultation with the City DocuSign Envelope ID: CCB73427-08E0-451B-B0B6-D7692D381C4F
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Attorney, with Blue Pacific Engineering & Construction, Inc. in the amount of $1,612,064 plus 12.5 percent (12.5%) contingency of $201,508 for a total not-to-exceed construction contract amount of $1,813,572 including any future contract amendments within the awarded amount to construct the Saxony & Quail Gardens Mobility Enhancements and the Emergency Bicycle Safety Enhancements projects; and 2) adopt City Council Resolution No. 2024-32, titled, “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-2024 Budget” to appropriate $809,214 to the Saxony & Quail Gardens Mobility Enhancements Project (CS24E) and $1,079,106 to the Emergency Bicycle Safety
Enhancements Project (CX24A). 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 to Receive Testimony Regarding the FY 2024-25 Encinitas Landscape and Lighting District. 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) Conduct a public hearing to receive testimony regarding the FY 2024-25 Encinitas Landscape and Lighting District (ELLD) Annual Engineer’s Report; and 2) Adopt Resolution No. 2024-59 titled, “A Resolution of the City Council of the City of Encinitas, California, Renewing the Encinitas Landscape and Lighting District (Zones A, B, C, D, E, F, G, & H), Confirming the Fiscal Year 2024-25 Engineer’s Report, and Ordering the Transmission of Charges to the County Auditor for Collection.” Senior Management Analyst Lisenbee 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.
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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 7:13 p.m.
Mayor Kranz announced there were no public speakers and closed the Public Hearing at 7:13 p.m.
COUNCIL ACTION:
Kranz moved, Hinze seconded to adopt Resolution No. 2024-59 titled, “A Resolution of the City Council of the City of Encinitas, California, Renewing the Encinitas Landscape and Lighting District (Zones A, B, C, D, E, F, G, & H), Confirming the Fiscal Year 2024-25 Engineer’s Report, and Ordering the Transmission of Charges to the County Auditor for Collection.” Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None. Abstain: None. 10B. TransNet Local Street Improvement Program of Projects for Fiscal Years 2024-25 Through 2028-29. 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) Conduct a public hearing related to the proposed projects; and 2) Adopt Resolution No. 2024-56 titled, “A Resolution of the City Council of the City of Encinitas, California, Adopting the TransNet Local Street Improvement Program of Projects for Fiscal Years 2024-25 through 2028-29.”
Senior Management Analyst Lisenbee 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.
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Mayor Kranz had nothing to disclose.
Mayor Kranz opened the Public Hearing at 7:15 p.m.
Mayor Kranz announced there were no public speakers and closed the Public Hearing at 7:16 p.m.
COUNCIL ACTION:
Ehlers moved, Kranz seconded to adopt Resolution No. 2024-56 titled, “A Resolution of the City Council of the City of Encinitas, California, Adopting the TransNet Local Street Improvement Program of Projects for Fiscal Years 2024-25 through 2028-29.” Motion Carried. Ayes:
Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent:
None. Abstain: None.
10C. Consider Resolution 2024-60 Submitting for Voter Consideration a One- Cent Per Dollar General Transactions and Use (Sales) Tax Measure for Public Infrastructure and City Services at the November 5, 2024 General Municipal Election Ballot. 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 CEQA Guidelines Sections 15378(b)(5) (actions that involve an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment) and 15378(b)(4) (the creation of a government funding mechanism or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment).
Recommended Action: 1) Consider the placement of a one-cent general transactions and use (sales) tax to fund public infrastructure and city services on the November 5, 2024 General Municipal Election Ballot; 2) Approve Resolution 2024-60, titled, “Resolution of the City Council of the City of Encinitas, California, ordering the submission to the qualified electors of the City of a ballot measure relating to a one-cent per dollar transactions and use (sales) tax, requesting that the San Diego Board of Supervisors authorize the County of San Diego Registrar of Voters to render specified services to the City of Encinitas relating to the conduct of the election, and directing the City Attorney to prepare an impartial analysis;” and 3) Determine if the City Council wishes to take an official position on the proposed measure and who will write the argument in favor of the proposed measure.
Director of Engineering Bankston presented the staff report and responded to preliminary questions from the Council.
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SPEAKERS:
Greg Lefevere, Jim O’Hara, Bonnie Bobzien, Sandra Anderson, Natalie Settoon, Scott Campbell, Rachel Graves, Patty Stottlemyer, Sheila Cameron, Karen Kaden, Caron Schraeder, Dennis Kaden, and Stephen Lord spoke in opposition to the recommended action.
Dick Stern, Judy Berlfein, Marco Garcia, and June Honsberger spoke in support of the recommended action.
Chris Ryan registered support for the recommended action, but chose not to speak.
Mayor Kranz called the meeting into recess at 8:28 p.m. and reconvened the meeting at 8:45 p.m.
City staff responded to questions from the Council.
Mayor Kranz reviewed his proposed changes to the resolution and the ballot measure regarding the makeup of the sales tax oversight committee.
COUNCIL ACTION:
Kranz moved, Hinze seconded to: 1) approve Resolution 2024-60 (as Amended), titled, “Resolution of the City Council of the City of Encinitas, California, ordering the submission to the qualified electors of the City of a ballot measure relating to a one-cent per dollar transactions and use (sales) tax, requesting that the San Diego Board of supervisors authorize the County of San Diego Registrar of Voters to render specified services to the City of Encinitas relating to the conduct of the election, and directing the City Attorney to prepare an impartial analysis; and 2) approve a subcommittee of Mayor Kranz and Council Member Hinze to prepare the argument in favor and rebuttal. Motion Carried. Ayes: Blackwell, Hinze, Kranz, and Lyndes.
Nays: Ehlers. Absent: None. Abstain: None.
Kranz moved, Lyndes seconded to authorize Mayor Kranz, Council Member Hinze, Council Member Lyndes, and two signatories from supporting groups to sign the argument in favor. Motion Carried.
Ayes: Blackwell, Hinze, Kranz, and Lyndes. Nays: Ehlers. Absent:
None. Abstain: None.
Council Member Ehlers clarified that he would be allowed to sign an argument in opposition.
Kranz moved, Hinze seconded to authorize Mayor Kranz, Deputy Mayor Blackwell, Council Member Lyndes, and two signatories from supporting groups to sign the rebuttal argument. Motion Carried.
Ayes: Blackwell, Hinze, Kranz, and Lyndes. Nays: Ehlers. Absent:
None. Abstain: None.
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10D. Consider the Introduction of Ordinance No. 2024-02, establishing lower speed limits on different streets in the City of Encinitas (“City”) pursuant to provisions of Assembly Bill 43 (AB43). Contact Person: Traffic Engineer Bandegan
Environmental Considerations: The actions being considered by the City Council are exempt from the California Environmental Quality Act (CEQA) because they are not a “project” under Section 15378(b)(5) of CEQA Guidelines. The actions involve organizational or administrative activities of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: Introduce Ordinance No. 2024-02, titled “An Ordinance of the City Council of the City of Encinitas, California, establishing lower speed limits on different streets in Encinitas pursuant to provisions of Assembly Bill 43 (AB43).”
Traffic Engineer Bandegan presented the staff report and responded to preliminary questions from the Council.
SPEAKERS:
Paul Metzgar, Will Schneider, Michael von Neumann, and June Honsberger spoke in support of the recommended action.
Sheila Cameron, Karen Kaden, Dennis Kaden, and Rachel Graves spoke in opposition to the recommended action.
Scott Campbell spoke regarding this item.
Chris Ryan registered support for the recommended action, but chose not to speak.
COUNCIL ACTION:
Ehlers moved, Kranz seconded to: 1) introduce Ordinance No. 2024- 02, titled “An Ordinance of the City Council of the City of Encinitas, California, establishing lower speed limits on different streets in Encinitas pursuant to provisions of Assembly Bill 43 (AB43)” AMENDED to: a) Remove Avenida La Posta west of barrier gate; b) Remove Wandering Road north of Glen Arbor Drive; c) Remove short segment streets (those connector sections in between Glen Arbor & Willowspring); d) Add Orpheus Avenue north of Leucadia Boulevard; e) Add 20 mph school zone for Diegueno Middle School and Park Dale Lane Elementary; and 2) Direct staff to bring back a policy/process to allow residents to request their own street to be evaluated for speed limit reduction per AB43. Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None. Abstain: None.
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10E. Development of a Housing Equity Action Plan and a Displacement Risk Action Plan. 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 to inform development of a Housing Equity Action Plan and a Displacement Risk Action Plan.
Associate Planner Cvetko presented the staff report and responded to preliminary questions from the Council.
SPEAKERS:
Stephen Lord spoke in opposition to the recommended action.
Karen Koblentz registered support for the recommended action, but chose not to speak.
City Council provided feedback and comments to staff regarding the development of a Housing Equity Action Plan and a Displacement Risk Action Plan.
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
Council Member Lyndes reported on a LOSSAN Rail Corridor Meeting and an Encina Wastewater Authority meeting.
Council Member Ehlers reported on an Encina Wastewater Authority meeting.
Council Member Hinze reported on an NCTD meeting and an upcoming San Diego Community Power meeting.
Mayor Kranz reported on a SANDAG transportation committee meeting.
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14. CITY MANAGER REPORTS
City Manager Antil reported on the upcoming: Music by the Sea, Encinitas Library May 31, 2024 from 7:30 to 9:00 p.m. featuring Cellist Paul Tseng and Pianist Justin Hansen (the Logos trio).
15. CITY ATTORNEY REPORTS
No City Attorney report was given.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting in honor of James McDonald at 11:01 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers, Deputy
City Clerk
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