6/12/2024 Regular Meeting Page 1 Mtg. #2024-____, Bk#40, Page ___
MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
JUNE 12, 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 and Joy Lyndes
Absent: Council Member Kellie Shay Hinze
Also present: Assistant City Manager Campbell, City Attorney Preziosi, Director of Engineering Bankston, Development Services Director Kusiak, Parks, Recreation, and Cultural Arts Director Knopp, 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 on Public Transit and Development by North County Transit District
Shawn Donaghy, Chief Executive Officer of the North County Transit District and Lillian Doherty, Director of Planning and Development for North County Transit District provided an update and overview of public transit, development, and Quiet Zones.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Jeryl Anne Kessler spoke regarding the Staver project on Melba Road.
David Hill spoke regarding the La Costa 48 project.
Kristine Schindler spoke regarding bike safety laws.
John Joseph Hawkins spoke regarding civil disobedience.
Scott Campbell spoke regarding various issues.
Peggy Walker spoke regarding drug awareness.
DocuSign Envelope ID: 7FDECD03-8461-49C5-8179-5A87D4C699F9
6/12/2024 Regular Meeting
6/12/2024 Regular Meeting Page 2 Mtg. #2024-____, Bk#40, Page __
6. REPORT FROM CLOSED SESSION
City Attorney Preziosi reported that the City Council held a Closed Session at approximately 4:00 p.m., to discuss five items, and there were no reportable actions. City Attorney Preziosi also clarified for Closed Session Item #3 there was a correction to the property addresses listed and they should reflect 1478 and 1480 Neptune Avenue.
7. CHANGES TO THE AGENDA
City Clerk Hollywood announced that there were minor updates to the following Consent Calendar Items: Item 8E-updated to change wording referencing the Senior Citizens Commission to the Parks, Recreation, and Cultural Arts Commission; Item 8M-lien list was updated to reflect payment made by one of the properties; and Item 8N-map corrected for Ordinance 2024-02.
8. CONSENT CALENDAR
Mayor Kranz announced that Consent Calendar Item 8O was being moved to Action Items and would be taken out of order and heard after Action Item 10C.
City Clerk Hollywood announced that Council Member Ehlers was pulling Item 8E from the Consent Calendar and was registering a No vote for Consent Calendar Item 8D.
City Clerk Hollywood announced that Consent Calendar Items 8D, 8E, 8F, 8G, and 8H were removed from the Consent Calendar by members of the public.
Mayor Kranz announced that he also wanted to pull Item 8E from the Consent Calendar.
COUNCIL ACTION:
Lyndes moved, Blackwell seconded to close and adopt the Consent Calendar with the exception of Items 8D, 8E, 8F, 8G, and 8H. Motion Carried.
Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent: Hinze.
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 15, 2024, Regular Meeting; and May 22, 2024, Regular Meeting. Contact Person: City Clerk Hollywood Recommended Action: Approve the Minutes.
DocuSign Envelope ID: 7FDECD03-8461-49C5-8179-5A87D4C699F9
6/12/2024 Regular Meeting
6/12/2024 Regular Meeting Page 3 Mtg. #2024-____, Bk#40, Page __
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.
8I. Agreement for the Encinitas Habitat Stewardship Program with the San Diego Botanic Garden Amendment No. 3 to add Additional Services.
Contact Person: Parks 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 to execute Amendment No. 3 to the contract with the San Diego Botanic Garden for the Encinitas Habitat Stewardship Program additional services and extra work, in conjunction with the City Attorney in substantial form, in the amount of $50,000 for a total not to exceed $249,650 for additional sites and extra work and extending the term of the contract to June 30, 2026. 8J. Award a construction contract for the Olivenhain Trail Enhancements Project (CP23E) to Tri-Group Construction and Development, Inc. Contact Person: Senior Engineer Baldenegro
Environmental Considerations: 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 alteration of existing public facilities, involving negligible or no expansion of existing use. The types of existing facilities include bicycle and pedestrian trails. The proposed project meets the criteria for this exemption. None of the exceptions in Section 15300.2 of the CEQA Guidelines are applicable to the project.
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 Tri-Group Construction and Development, Inc., in the amount of $164,480 plus 15 percent contingency of $24,672 for a total construction contract not-to- exceed amount of $189,152 for: constructing approximately 1,160-ft of 36- 42-in tall two (2) rail fence made of composite material that is resistant to rot and insect damage 18 inches from the face of curb along the east parkway of Rancho Santa Fe Rd from Lone Jack Rd to south of 13th St; and 2) Adopt City Council Resolution No. 2024-72 titled, “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal DocuSign Envelope ID: 7FDECD03-8461-49C5-8179-5A87D4C699F9
6/12/2024 Regular Meeting
6/12/2024 Regular Meeting Page 4 Mtg. #2024-____, Bk#40, Page __
Year 2023-24 Budget” to appropriate $113,248 to the Olivenhain Trail Enhancements Project (CP23E).
8K. Award a construction contract for the Cardiff Sports Park LED Retrofit Project (CP23C) to Ace Electric, Inc. Contact Person: Senior Engineer Baldenegro
Environmental Considerations: The proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(a) of the CEQA Guidelines. This section exempts projects characterized as maintenance of existing public facilities, involving negligible or no expansion of existing use. The proposed project meets the criteria for this exemption.
None of the exceptions in Section 15300.2 of the CEQA Guidelines are applicable to the project.
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 Ace Electric, Inc., in the amount of $645,000 plus 15 percent contingency of $96,750 for a total not-to-exceed construction contract amount of $741,750 for the Cardiff Sports Park LED Retrofit Project (CP23C); and 2) Adopt City Council Resolution No. 2024-69 titled, “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget” to appropriate $134,118 to the Cardiff Sports Park LED Retrofit Project (CP23C).
8L. Resolution accepting a report for state-mandated annual fire inspections in compliance with SB 1205. Contact Person: Fire Marshal Schmidt 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 Resolution No. 2024-48 titled, “A Resolution of the City Council of the City of Encinitas, California, Acknowledging Receipt of a Report Made by the Fire Chief of the Encinitas Fire Department Regarding the Inspection of Certain Occupancies Required to Perform Annual Inspections in Such Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.” 8M. Annual weed abatement lien list for property owners who have not paid for removal of hazardous weeds and authorize the Fire Prevention Division to transmit the list to the County of San Diego. Contact Person: Fire Marshal Schmidt
DocuSign Envelope ID: 7FDECD03-8461-49C5-8179-5A87D4C699F9
6/12/2024 Regular Meeting
6/12/2024 Regular Meeting Page 5 Mtg. #2024-____, Bk#40, Page __
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) Present the annual weed abatement lien list; and 2) Authorize the Fire Prevention Division to deliver the list to the County of San Diego.
8N. Adoption of Ordinance No. 2024-02, establishing lower speed limits on different streets in Encinitas 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: Adopt 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).”
8O. Potential Reappropriation of Funding from the Leucadia Blvd Roundabout at Hygeia Project (CS18B) and La Costa Avenue Improvements Project (CS11C) to the Leucadia Streetscape Segment C West Project (CS23D) or Other Project, and Increase the Construction Contract Not-to-Exceed Amount with Blue Pacific Engineering and Construction, Inc. Contact Person: Principal Engineer Widelski
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 result in the direct or indirect physical change of the environment.
Recommended Action: 1) Return $2,014,632 of available capital budget from the Leucadia Blvd Roundabout at Hygeia Project (CS18B) and $1,208,182 from the La Costa Avenue Improvements Project (CS11C), for a total of $3,222,814 and appropriate to the Leucadia Streetscape Segment C West Project (CS23D), or to another City Project as Directed by City Council; 2) Adopt City Council Resolution No. 2024-63 titled, “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal DocuSign Envelope ID: 7FDECD03-8461-49C5-8179-5A87D4C699F9
6/12/2024 Regular Meeting
6/12/2024 Regular Meeting Page 6 Mtg. #2024-____, Bk#40, Page __
Year 2023-24 Budget” to appropriate $3,222,814 to the Leucadia Streetscape Segment C West Project (CS23D), or to another City Project as Directed by City Council; and 3) Authorize an increase of $5,022,814 to the construction contract not-to-exceed amount with Blue Pacific Engineering and Construction, Inc. from $21,921,870 to $26,944,684, if City Council directs additional funding into the project.
8P. Citywide Landscape Maintenance Services Agreement Amendment No. 1 to add Additional Services. Contact Person: Parks 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 to execute Amendment No. 1 to the agreement with Excel Landscape, Inc. for Citywide Landscape Maintenance Services, in conjunction with the City Attorney in substantial form, for a total increase of $360,203 for the original four-year term and a revised not to exceed total of $11,207,746 for the original four- year term for additional sites and extra work and a six-year contract total not to exceed $11,499,586 if the optional term is exercised. 8Q. Approval of FY 2024-25 Operating Budget and FY 2024-25 to FY 2028-29 Capital Improvement Program (CIP) and Financial Plan; Adoption of Resolution 2024-65, Approving Operating and CIP Appropriations for FY 2024-25; Adoption of Resolution 2024-66, Determining the Appropriations Limit for FY 2024-25; and Adoption of Resolution 2024-67, Approving Position Titles and Pay Ranges for FY 2024-25. 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) Adopt Resolution No. 2024-65 titled, “A Resolution of the City Council of the City of Encinitas, California, Adopting the Fiscal Year 2024-25 Operating Budget and Capital Improvement Program Appropriations”; 2) Adopt Resolution No. 2024-66 titled, “A Resolution of the City Council of the City of Encinitas, California, Determining and Adopting the Appropriations Limit for Fiscal Year 2024-25 in Accordance with Article XIII-B of the Constitution of the State of DocuSign Envelope ID: 7FDECD03-8461-49C5-8179-5A87D4C699F9
6/12/2024 Regular Meeting
6/12/2024 Regular Meeting Page 7 Mtg. #2024-____, Bk#40, Page __
California”; and 3) Adopt Resolution No. 2024-67 titled, “A Resolution of the City Council of the City of Encinitas, California, Approving Titles and Pay Ranges for the City of Encinitas for Fiscal Year 2024-25”
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8D. Adoption of Ordinance No. 2024-04 titled, “An Ordinance of the City Council of the City of Encinitas, California, adopting amendments to Chapter 23.12 (Uniform Codes for Construction) of Title 23 (Building and Construction) of the Encinitas Municipal Code to make certain amendments, additions, and deletions related to energy efficiency and green building.” Contact Person:
Sustainability Analyst Wampler
Environmental Considerations: The adoption of Ordinance No. 2024-04 will not have a significant effect on the environment because the strengthened requirements reduce hazards and accommodate features to reduce environmental effects. The adoption of the ordinance is exempt from environmental review as per Section 15308 of the CEQA Guidelines, which allows a categorical exemption for “actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment.” Furthermore, the adoption of the ordinance was previously evaluated in the Final Negative Declaration (ND) for the Climate Action Plan (Case No. 17- 224), dated December 5, 2017, and Addendum to the ND (Case No. ENV- 004106-2020), dated Oct 20, 2020. The ND and the Addendum evaluated the potential environmental effects of the implementation of the Climate Action Plan, including the adoption and enforcement of energy efficiency and renewable energy ordinances. This project is within the scope of the Final Negative Declaration and the Addendum, and no further California Environmental Quality Act (CEQA) compliance is required.
Recommended Action: Staff recommends that the City Council adopt Ordinance No. 2024-04 titled, “An Ordinance of the City Council of the City of Encinitas, California, adopting amendments to Chapter 23.12 (Uniform Codes for Construction) of Title 23 (Building and Construction) of the Encinitas Municipal Code to make certain amendments, additions, and deletions related to energy efficiency and green building.” Sustainability Analyst Wampler presented the staff report.
SPEAKERS:
Harold Standerfer and Serena Pellca spoke in support of the recommended action.
COUNCIL ACTION:
Lyndes moved, Blackwell seconded to adopt Ordinance No. 2024-04 titled, “An Ordinance of the City Council of the City of Encinitas, DocuSign Envelope ID: 7FDECD03-8461-49C5-8179-5A87D4C699F9
6/12/2024 Regular Meeting
6/12/2024 Regular Meeting Page 8 Mtg. #2024-____, Bk#40, Page __
California, adopting amendments to Chapter 23.12 (Uniform Codes for Construction) of Title 23 (Building and Construction) of the Encinitas Municipal Code to make certain amendments, additions, and deletions related to energy efficiency and green building.” Motion Carried.
Ayes: Blackwell, Kranz, and Lyndes. Nays: Ehlers. Absent: Hinze.
Abstain: None.
8E. Parks and Recreation Commission Work Plan Outcomes for Fiscal Year 2023-24 and Proposed Work Plan for Fiscal Year 2024-25. Contact Person:
Parks 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: 1) Receive final reported outcomes for the Fiscal Year 2023-24 Parks and Recreation Commission Work Plan; and 2) Approve the proposed Fiscal Year 2024-25 Parks and Recreation Commission Work Plan.
COUNCIL ACTION:
Ehlers moved, Kranz seconded to receive final reported outcomes for Fiscal Year 2023-24 and to approve the proposed Fiscal Year 2024-25 Parks and Recreation Commission Work plan AMENDED to include the following change to Item #6 of the work plan: to investigate moving the tennis court at Cottonwood Creek Park from the west side of the park to the east side of the park. Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent: Hinze. Abstain:
None.
8F. Federal Legislative Consulting Services Agreement. 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: Authorize the City Manager to execute a three- year Federal Legislative Consulting Services agreement with options for two additional one (1) year terms, in conjunction with the City Attorney, in substantial form with Carpi & Clay, Inc., for a three-year agreement total not to exceed amount of $180,000, and a not to exceed amount of $303,624 if DocuSign Envelope ID: 7FDECD03-8461-49C5-8179-5A87D4C699F9
6/12/2024 Regular Meeting
6/12/2024 Regular Meeting Page 9 Mtg. #2024-____, Bk#40, Page __
the options for two additional one (1) year terms to extend the agreement are executed.
Assistant City Manager Campbell presented the staff report.
COUNCIL ACTION:
Ehlers moved, Lyndes seconded to authorize the City Manager to execute a three-year Federal Legislative Consulting Services agreement with options for two additional one (1) year terms, in conjunction with the City Attorney, in substantial form with Carpi & Clay, Inc., for a three-year agreement total not to exceed amount of $180,000, and a not to exceed amount of $303,624 if the options for two additional one (1) year terms to extend the agreement are executed, AMENDED to include the following revised scope of work:
1) under Environmental Concerns add Open Space/Native Plants; and 2) add the following section “Infrastructure: stormwater rehabilitation, stormwater capture and reuse, flooding reduction, and clean water.” Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent: Hinze. Abstain: None.
8G. 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) Ratify Support Letter for SB 1234 - Coastal Resources: Local Land Use Plan: Zoning Ordinances and District Maps:
Non-substantive Modifications (Allen); and 2) Ratify Opposition Letter for SB 951 - California Coastal Act of 1976: coastal zone: coastal development (Wiener).
COUNCIL ACTION:
Lyndes moved, Blackwell seconded to: 1) Ratify Support Letter for SB 1234 - Coastal Resources: Local Land Use Plan: Zoning Ordinances and District Maps: Non-substantive Modifications (Allen); and 2) Ratify Opposition Letter for SB 951 - California Coastal Act of 1976: coastal zone: coastal development (Wiener). Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent: Hinze. Abstain:
None.
8H. Grant application to the California Interagency Council on Homelessness (Cal ICH) Round 3 of the Encampment Resolution Funding (ERF) Grant Program (ERF-3-R). Contact Persons: Housing Services Manager Dacey DocuSign Envelope ID: 7FDECD03-8461-49C5-8179-5A87D4C699F9
6/12/2024 Regular Meeting
6/12/2024 Regular Meeting Page 10 Mtg. #2024-____, Bk#40, Page __
and Policy Planning and Housing Manager Anders
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 City Manager, or designee, to submit an application to Cal ICH for Round 3 of the Encampment Resolution Funding; and 2) If funding is awarded, authorize the City Manager to enter, execute, and deliver an agreement with Cal ICH, or designee, in an amount to be awarded.
COUNCIL ACTION:
Kranz moved, Ehlers seconded to: 1) authorize the City Manager, or designee, to submit an application to Cal ICH for Round 3 of the Encampment Resolution Funding; and 2) if funding is awarded, authorize the City Manager to enter, execute, and deliver an agreement with Cal ICH, or designee, in an amount to be awarded. Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: None.
Absent: Hinze. 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 Consideration of Adopting Parks and Recreation User Fee Adjustments based on the annual average Consumer Price Index (CPI) adjustments from 2023 for the San Diego Region. Contact Person: Director of Parks, Recreation and Cultural Arts Knopp
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 City Council adopt Resolution No. 2024-68 titled, “A Resolution of the City Council of the City of Encinitas, California, Amending the Parks and Recreation User Fees.” Parks, Recreation, and Cultural Arts Director Knopp presented the staff report.
DocuSign Envelope ID: 7FDECD03-8461-49C5-8179-5A87D4C699F9
6/12/2024 Regular Meeting
6/12/2024 Regular Meeting Page 11 Mtg. #2024-____, Bk#40, Page __
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 7:03 p.m.
SPEAKER:
Kevin Doyle spoke in opposition to the recommended action.
Mayor Kranz closed the public hearing at 7:06 p.m.
COUNCIL ACTION:
Kranz moved, Lyndes seconded to adopt Resolution No. 2024-68 titled, “A Resolution of the City Council of the City of Encinitas, California, Amending the Parks and Recreation User Fees.” Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: None.
Absent: Hinze. Abstain: None.
10B. City Council to provide policy direction for desired modifications to current outdoor dining permitting processes, specifically regarding design standards for safety and aesthetics of protective outdoor dining barriers, and consideration of a right-of-way usage fee for outdoor dining in public parking spaces. 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.
Recommended Action: 1) Provide direction to staff regarding safety and aesthetics of protective barriers; and 2) Adopt Resolution No. 2024-64 titled, “A Resolution of the City Council of the City of Encinitas, California, Adopting an Outdoor Dining Right-of-Way Usage Fee.”
Senior Mobility Planner Jedynak presented the staff report and responded to questions from the Council.
SPEAKERS:
DocuSign Envelope ID: 7FDECD03-8461-49C5-8179-5A87D4C699F9
6/12/2024 Regular Meeting
6/12/2024 Regular Meeting Page 12 Mtg. #2024-____, Bk#40, Page __
Raul Villamar spoke in opposition to the recommended action.
Scott Campbell spoke regarding this item.
John Niederhofer spoke in support of the recommended action.
COUNCIL ACTION:
Kranz moved, Lyndes seconded to approve the use of concrete K-rail and require plans to make the concrete K-rail more aesthetically pleasing such as paint, murals, mosaic, and to direct staff to bring back information on neutral color pallets and end treatments for consideration. Motion Carried. Ayes: Blackwell, Kranz, and Lyndes.
Nays: Ehlers. Absent: Hinze. Abstain: None.
Blackwell moved, Lyndes seconded to adopt Resolution No. 2024-64 titled, “A Resolution of the City Council of the City of Encinitas, California, Adopting an Outdoor Dining Right-of-Way Usage Fee” AMENDED to: 1) increase the fee to $2.50 per square foot per month, with a CPI adjustment yearly; and 2) to direct staff that the City will provide and maintain the K-rails. Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent: Hinze. Abstain:
None.
There was consensus from the City Council to have staff bring back an assessment of fees for outdoor dining in private parking areas and the legalities of what that would entail.
10C. Request to Approve Plans and Authorize Advertisement of the Beacon’s Beach Parking Lot Reconstruction project (CP22A), and Receive an Update on Beacon’s Beach Access. Contact Person: Engineer II Stryker Environmental Considerations: Pursuant to the California Environmental Quality Act, the project is exempt per Sections 15311 and 15304(e). Section 15311 exempts the construction and replacement of minor structures including small parking lots. Section 15304(e) exempts the temporary construction staging area for the duration of the project. The project is consistent with the CEQA exemption criteria. In addition, none of the exceptions listed in Section 15300.2 exist for the proposed project.
Recommended Action: 1) Receive staff presentation on current and ongoing efforts at Beacon’s Beach and provide direction to staff; 2) Approve the plans for the Beacon’s Beach Parking Lot Reconstruction project; 3) Authorize the advertisement of the Beacon’s Beach Parking Lot Reconstruction project for construction bids; and 4) Adopt Resolution No. 2024-001 titled, “Resolution of the City Council of the City of Encinitas Approving the Design and Plans for Construction of the Beacon’s Beach Parking Lot Reconstruction project, pursuant to Government Code Section 830.6.”
DocuSign Envelope ID: 7FDECD03-8461-49C5-8179-5A87D4C699F9
6/12/2024 Regular Meeting
6/12/2024 Regular Meeting Page 13 Mtg. #2024-____, Bk#40, Page __
Engineer II Stryker presented the staff report and responded to questions from the Council.
SPEAKERS:
Jim Jaffee, Mitch Silverstein, and Daris Degher spoke in support of the recommended action.
COUNCIL ACTION:
Blackwell moved, Kranz second to: 1) approve the plans for the Beacon’s Beach Parking Lot Reconstruction project; 2) authorize the advertisement of the Beacon’s Beach Parking Lot Reconstruction project for construction bids; and 3) adopt Resolution No. 2024-001 titled, “Resolution of the City Council of the City of Encinitas Approving the Design and Plans for Construction of the Beacon’s Beach Parking Lot Reconstruction project; pursuant to Government Code Section 830.6.” Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent: Hinze. Abstain: None.
Blackwell moved, Kranz seconded to direct staff to bring back updated information and options for the stairwell using the 2nd design submitted to the Planning Commission as a starting point, and to include cost estimates for design and construction. Motion Carried.
Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent:
Hinze. Abstain: None.
Mayor Kranz called the meeting into recess at 8:49 p.m. and reconvened the meeting at 8:58 p.m.
Mayor Kranz announced that Item 8O would be heard next. 8O. Potential Reappropriation of Funding from the Leucadia Blvd Roundabout at Hygeia Project (CS18B) and La Costa Avenue Improvements Project (CS11C) to the Leucadia Streetscape Segment C West Project (CS23D) or Other Project, and Increase the Construction Contract Not-to-Exceed Amount with Blue Pacific Engineering and Construction, Inc. Contact Person: Principal Engineer Widelski
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 result in the direct or indirect physical change of the environment.
Recommended Action: 1) Return $2,014,632 of available capital budget from the Leucadia Blvd Roundabout at Hygeia Project (CS18B) and $1,208,182 from the La Costa Avenue Improvements Project (CS11C), for a total of $3,222,814 and appropriate to the Leucadia Streetscape Segment DocuSign Envelope ID: 7FDECD03-8461-49C5-8179-5A87D4C699F9
6/12/2024 Regular Meeting
6/12/2024 Regular Meeting Page 14 Mtg. #2024-____, Bk#40, Page __
C West Project (CS23D), or to another City Project as Directed by City Council; 2) Adopt City Council Resolution No. 2024-63 titled, “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget” to appropriate $3,222,814 to the Leucadia Streetscape Segment C West Project (CS23D), or to another City Project as Directed by City Council; and 3) Authorize an increase of $5,022,814 to the construction contract not-to-exceed amount with Blue Pacific Engineering and Construction, Inc. from $21,921,870 to $26,944,684, if City Council directs additional funding into the project.
Director of Engineering Bankston presented the staff report and responded to questions from the Council.
SPEAKER:
Kevin Doyle spoke in support of the recommended action.
COUNCIL ACTION:
Blackwell moved, Kranz seconded to: 1) return $2,014,632 of available capital budget from the Leucadia Blvd Roundabout at Hygeia Project (CS18B) and $1,208,182 from the La Costa Avenue Improvements Project (CS11C), for a total of $3,222,814 and appropriate to the Leucadia Streetscape Segment C West Project (CS23D); 2) adopt City Council Resolution No. 2024-63 titled, “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget” to appropriate $3,222,814 to the Leucadia Streetscape Segment C West Project (CS23D); and 3) Authorize an increase of $5,022,814 to the construction contract not-to-exceed amount with Blue Pacific Engineering and Construction, Inc. from $21,921,870 to $26,944,684. Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent: Hinze. Abstain: None.
10D. Consideration of resolutions calling a General Municipal Election and requesting the County Board of Supervisors to consolidate the City’s General Municipal Election with the Statewide General Election. 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: 1) Adopt Resolution No. 2024-40, titled “A Resolution of the City Council of the City of Encinitas, California, Calling for the Holding of a General Municipal Election to be Held on Tuesday, November 5, 2024, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to General Law DocuSign Envelope ID: 7FDECD03-8461-49C5-8179-5A87D4C699F9
6/12/2024 Regular Meeting
6/12/2024 Regular Meeting Page 15 Mtg. #2024-____, Bk#40, Page __
Cities and the Submission to the Qualified Electors of the City a Measure Placed on the Ballot by the City Council Relating to a One-Cent Per Dollar General Transactions and Use (Sales) Tax” and setting direct and rebuttal argument deadlines; and 2) Adopt Resolution No. 2024-41, titled “A Resolution of the City Council of the City of Encinitas, California, Requesting the Board of Supervisors of the County of San Diego to Consolidate a General Municipal Election to be Held on November 5, 2024, with the Statewide General Election to be Held on the Date Pursuant to Section 10403 of the California Election Code.”
City Clerk Hollywood presented the staff report.
COUNCIL ACTION:
Kranz moved, Lyndes seconded to: 1) adopt Resolution No. 2024-40, titled “A Resolution of the City Council of the City of Encinitas, California, Calling for the Holding of a General Municipal Election to be Held on Tuesday, November 5, 2024, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to General Law Cities and the Submission to the Qualified Electors of the City a Measure Placed on the Ballot by the City Council Relating to a One-Cent Per Dollar General Transactions and Use (Sales) Tax” and setting direct and rebuttal argument deadlines; and 2) adopt Resolution No. 2024-41, titled “A Resolution of the City Council of the City of Encinitas, California, Requesting the Board of Supervisors of the County of San Diego to Consolidate a General Municipal Election to be Held on November 5, 2024, with the Statewide General Election to be Held on the Date Pursuant to Section 10403 of the California Election Code.” Motion Carried. Ayes:
Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent: Hinze.
Abstain: None.
10E. Discussion of Signatures on Sales Tax Ballot Measure Argument and Rebuttal. Contact Person: Subcommittee Members Mayor Kranz and Council Member 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.
Today’s action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change to the environment.
Recommended Action: Allow the Ballot Subcommittee (Kranz and Hinze) to make the final determination on ballot measure argument/rebuttal co- signers.
Mayor Kranz presented the staff report.
DocuSign Envelope ID: 7FDECD03-8461-49C5-8179-5A87D4C699F9
6/12/2024 Regular Meeting
6/12/2024 Regular Meeting Page 16 Mtg. #2024-____, Bk#40, Page __
SPEAKER:
James O’Hara spoke regarding this item.
COUNCIL ACTION:
Lyndes moved, Kranz seconded to: 1) approve the subcommittee of Mayor Kranz and Council Member Hinze to prepare the argument in favor and rebuttal; 2) authorize Mayor Kranz, Council Member Hinze and three signatories from supporting groups (to be determined by the subcommittee) to sign the argument in favor; and 3) authorize Deputy Mayor Blackwell, Council Member Lyndes and three signatories from supporting groups (to be determined by the subcommittee) to sign the rebuttal. Motion Carried. Ayes: Blackwell, Kranz, and Lyndes. Nays: None. Absent: Hinze. Abstain: Ehlers.
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 San Diego County Water Authority meeting and attending a tour of the Diamond Valley Lake Reservoir.
Council Member Ehlers reported on an Encina Wastewater Authority meeting.
Mayor Kranz thanked Deputy Mayor Blackwell for attending the annual tobacco and environment symposium.
14. CITY MANAGER REPORTS
No City Manager report was given.
15. CITY ATTORNEY REPORTS
City Attorney Preziosi provided an update on the Grants Pass Supreme Court Case.
City Clerk Hollywood provided an update on the upcoming General Municipal Election.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 9:39 p.m.
DocuSign Envelope ID: 7FDECD03-8461-49C5-8179-5A87D4C699F9
6/12/2024 Regular Meeting
6/12/2024 Regular Meeting Page 17 Mtg. #2024-____, Bk#40, Page __
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers, Deputy
City Clerk
DocuSign Envelope ID: 7FDECD03-8461-49C5-8179-5A87D4C699F9