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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
AUGUST 14, 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, and Joy Lyndes
Absent: Kellie Shay Hinze
Also present: City Manager Antil, City Attorney Preziosi, Director of Engineering Bankston, Development Services Director Kusiak, Deputy City Clerk Weichers and Management Analyst Rapp
There being a quorum present, the meeting was in order.
3. PLEDGE OF ALLEGIANCE
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
4A. Presentation by Encinitas Friends of the Arts and the Boys and Girls Club.
A presentation by Naimeh Tanha Woodward, President, Escondido Friends of the Arts and Marineke Vandervort, Executive Director of Boys and Girls Club regarding the creation a scholarship program to provide opportunities for participation in the arts program offered at the Pacific View Art Center and presented a check to Council.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Raul Villamar spoke regarding safety in the downtown.
Ephraim Avrn spoke regarding The Preserve Project on Manchester.
Philip Koekemoer spoke regarding the height restriction ordinance.
Diana Wilder and Rob Wilder spoke regarding The Preserve Project on Manchester.
Barry Peven spoke regarding various topics including parking.
Mark Miville spoke regarding various topics.
Peggy Walker spoke regarding cannabis use.
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Natalie Settoon spoke regarding homelessness.
Ellan Burr spoke regarding projects in the City.
6. REPORT FROM CLOSED SESSION
City Attorney Preziosi reported that the City Council held a Closed Session meeting at approximately 3:30 p.m., and recessed back into open session at approximately 5:30 p.m., to consider six named cases under Government Code 54956.9 Existing Litigation listed as Davis, et al v. City of Encinitas, et al; Claves, et al v. City of Encinitas, et al; Obayashi v. City of Encinitas; Vurbeff v. City of Encinitas; Chereskin, et al v. City of Encinitas; and Miller v. City of Encinitas with no reportable action; seven cases were discussed under Government Code 54956.9(d)(2) Significant Exposure Litigation with no reportable action; and two cases were heard under Government Code 54956.9(d)(4) Whether to Initiate Litigation with one case having no reportable action and the second case the City Council voted to join the National Opioid Settlement Agreement with Kroger Co.
7. CHANGES TO THE AGENDA
Deputy City Clerk Weichers announced that Consent Calendar Item 8I, Action Item 10D, and Information Item 11A were removed from the agenda and will be reschedule to the August 21, 2024, Council Meeting.
8. CONSENT CALENDAR
Deputy City Clerk Weichers announced that Consent Calendar Item 8L was removed from the Consent Calendar by a member of the Public.
COUNCIL ACTION:
Lyndes moved, Blackwell seconded to close and adopt the Consent Calendar with the exception of Items 8I (removed from the agenda by staff) and 8L. 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 June 25, 2024, Special-Closed Session Meeting; June 26, 2024, Regular Meeting; June 26, 2024, Special Joint Meeting with the Planning Commission; and July 1, 2024, Special-Closed Session Meeting. Contact Person: City Clerk Hollywood Recommended Action: Approve the Minutes.
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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. Update California Governor’s Office of Emergency Services Designation of Applicant’s Agent Resolution (form Cal OES 130). Contact Person: Senior Management Analyst Jones-Kirk
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. 2024-81, titled “A Resolution of the City Council of the City of Encinitas, California, Authorizing the City Manager, Finance Director or the Fire Chief to Execute Applications to the California Governor’s Office of Emergency Services for Obtaining Certain Federal Financial Assistance and/or State Financial Assistance in the Event of a Declared Disaster”; and 2) Authorize staff to complete an updated resolution form (Cal OES 130) required by California Governor’s Office of Emergency Services to be executed by the governing body of the jurisdiction requesting reimbursement.
8E. Authorization to procure Hewlett Packard (HP) computer hardware.
Contact Person: IT Operations and Engineering Supervisor O’Connor 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 the procurement of HP computer hardware in the amount of $26,700 previously spent; and 2) Authorize the procurement of HP computer hardware in an amount not to exceed $123,300 in FY 2024-25 using the National Cooperative Purchasing Alliance (NCPA) contract 01-170.
8F. Grant application for Round 2 of the Federal Highway Administration’s (FHWA) Charging and Fueling Infrastructure (CFI) Grant Program for a Public Electric Vehicle Charging Station Project. Contact Person:
Sustainability Analyst Wampler
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Environmental Considerations: The action being considered by the City Council is not subject to the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of the CEQA Guidelines. The action authorizes staff to implement an organizational or administrative activity of government that by itself will not result in a direct or indirect physical change in the environment.
Recommended Action: Authorize the City Manager, or designee, to apply for, accept, and administer funding from the FHWA CFI Grant Program for a Public Electric Vehicle Charging Station Project.
8G. Bids for Scott Valley Park Equipment Replacement Project (CP24A).
Contact Person: Engineer II Stryker
Environmental Considerations: This 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) of CEQA Guidelines.
Today’s action involves an organizational or administrative activity of government that will not result in a direct or indirect physical change to the environment.
Recommended Action: 1) Reject all bids received for construction of the Scott Valley Park Equipment Replacement Project (CP24A); and 2) Authorize staff to re-advertise and rebid the Scott Valley Park Equipment Replacement Project (CP24A).
8H. Memorandum of Understanding between the City of Encinitas and the Encinitas Historical Society for a community special event. Contact Person:
Senior Management Analyst Gilliam
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: Approve and authorize the City Manager in coordination with the City Attorney, to execute a Memorandum of Understanding (MOU) between the City of Encinitas and the Encinitas Historical Society to host the Heritage Tree Lighting event on December 6, 2024.
8I. Ratification of Memorandum of Understanding between the City of Encinitas and Cardiff 101 Main Street for a community special event on July 21, 2024 and approval of a Memorandum of Understanding for a community special event scheduled to be held on July 20, 2025. Contact Person: Special Events and Projects Supervisor White
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Environmental Considerations: The action 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 and authorize the City Manager in coordination with the City Attorney, to execute a Memorandum of Understanding (MOU) in substantial form, between the City of Encinitas and Cardiff 101 Main Street for the Annual Cardiff Dog Days of Summer held on Sunday, July 21, 2024; and 2) Approve and authorize the City Manager in coordination with the City Attorney, to execute a Memorandum of Understanding (MOU) in substantial form, between the City of Encinitas and Cardiff 101 Main Street to host the Annual Cardiff Dog Days of Summer on Sunday, July 20, 2025.
This item was removed from the agenda by staff and will be rescheduled to the Regular City Council meeting on August 21, 2024. 8J. Award a construction contract for the Beacon’s Beach Parking Lot Reconstruction Project (CP22A) to Quality Construction & Engineering, Inc.
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.
Recommended Action: 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 Quality Construction & Engineering, Inc. in the amount of $334,055 plus a 15 percent construction contingency of $50,108 for a total construction contract not-to-exceed amount of $384,163 for the construction of the Beacon’s Beach Parking Lot Reconstruction Project (CP22A).
8K. Fund FY 2023-24 Annual Pavement Rehabilitation (CS24A) Project Additive Alternative No. 2: Hygeia Avenue (Leucadia Boulevard to Cereus Street). 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.
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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. 2024-87 titled, “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2024-25 Budget” to appropriate $126,000 to the FY 2023-24 Annual Pavement Rehabilitation (CS24A) Project. 8M. Authorization for the City Manager to enter into a Memorandum of Understanding with the County of San Diego Sheriff’s Office for the Flock Automated License Plate Recognition Camera Program. 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 enter into a Memorandum of Understanding between the County of San Diego Sheriff’s Office in conjunction with the City Attorney, in substantial form for the Flock Safety Automated License Plate Recognition Camera Program. 8N. Legislative position letters submitted to City Council for opposition and support. Contact Person: Assistant City Manager Campbell Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment
Recommended Action: 1) Ratify Opposition Letter for AB 2560 – Density Bonus Law: California Coastal Act of 1976 (Alvarez); 2) Ratify Support Letter for AB 1992 – Blue Carbon Demonstration Projects (Boerner); 3) Ratify Opposition Letter - Protecting Energy Efficiency Funding in Public Purpose Programs; and 4) Ratify Opposition Letter for AB 3093 – Land use:
housing element: streamlined multifamily housing (Ward).
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8L. 2023 Climate Action Plan Annual Monitoring Report. Contact Person:
CivicSpark Fellow Lamkin
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) Docusign Envelope ID: 986C9F92-3EEF-46E6-91BC-DC713CE989F1
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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: Approve the 2023 Climate Action Plan Annual Monitoring Report.
Sustainability Manager Najera answered Council questions.
SPEAKER:
Ellen Burr spoke regarding this item.
COUNCIL ACTION:
Kranz moved, Ehlers seconded to approve the 2023 Climate Action Plan Annual Monitoring Report. 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. Interviews and Appointments to the Affordable Housing Task Force.
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: Mayor and City Council approve appointments to the Affordable Housing Task Force as follows: one member appointed from each of the four Council Districts and one member appointed at-large.
SPEAKERS:
Aaron Hebshi spoke regarding the appointees of the task force.
Karen Koblentz spoke on her gratitude for this task force COUNCIL ACTION:
Kranz moved, Lyndes seconded to modify the number of members to be appointed and approve the appointment of all applicants to the Affordable Housing Task Force. Motion Carried. Ayes: Blackwell, Docusign Envelope ID: 986C9F92-3EEF-46E6-91BC-DC713CE989F1
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Ehlers, Kranz, and Lyndes. Nays: None. Absent: Hinze. Abstain:
None.
10B. Public Hearing and Introduction of City Council Ordinance No. 2024-03 to amend Chapter 7.18, of the City of Encinitas Municipal Code (EMC) to add Section 7.18.035, Design-Build Procurement. 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 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: Introduce City Council Ordinance No. 2024-03 titled “An Ordinance of the City Council of the City of Encinitas, California, amending Chapter 7.18, “Purchasing and Contracts” of the City of Encinitas Municipal Code to add a new Section 7.18.035, “Design-Build Procurement”.
Director of Engineering Bankston presented the staff report and responded to questions from the Council.
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.
Deputy Mayor Blackwell had nothing to disclose.
Mayor Kranz had nothing to disclose.
Mayor Kranz opened the public hearing at 7:08 p.m.
There were no public speakers.
Mayor Kranz closed the public hearing at 7:08 p.m.
COUNCIL ACTION:
Ehlers moved, Blackwell seconded to introduce City Council Ordinance No. 2024-03 titled “An Ordinance of the City Council of the City of Encinitas, California, amending Chapter 7.18, “Purchasing and Contracts” of the City of Encinitas Municipal Code to add a new Section 7.18.035, “Design-Build Procurement”. Motion Carried. Ayes:
Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent: Hinze.
Abstain: None.
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10C. Consider various City Railroad Corridor Projects to submit for the Railroad Crossing Elimination Grant Program. Contact Person: Principal Engineer Widelski
Environmental Considerations: The action being considered by the City Council is not subject to the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of the CEQA Guidelines. The action authorizes staff to implement an organizational or administrative activity of government that by itself will not result in a direct or indirect physical change in the environment.
Recommended Action: 1) Review eligible City Railroad Capital Projects; and 2) Authorize the City Manager, or designee, to apply for, accept, and administer funding from the FY 24 Railroad Crossing Elimination Program (RCE) round two for selected City Railroad Corridor Projects.
Principal Engineer Widelski presented the staff report and responded to questions from the Council
COUNCIL ACTION:
Kranz moved, Ehlers seconded to: 1) apply for the grant for the Citywide Quiet Zone project; and 2) Authorized the City Manager, or designee, to apply for, accept, and administer funding from the FY 24 Railroad Crossing Elimination Program (RCE) round two for selected City Railroad Corridor Projects. Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent: Hinze. Abstain:
None.
10D. City Council to provide policy direction for aesthetics of protective outdoor dining barriers, specifically regarding a uniform paint color for the new concrete barriers. 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: Select a paint color for the new concrete K-rail barriers that will be installed surrounding outdoor dining establishments.
This item was removed from the agenda by staff and will be rescheduled to the Regular City Council meeting on August 21, 2024. 10E. Housing Equity Action Plan and Displacement Risk Action Plan. Contact Person: Associate Planner Cvetko
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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) Adopt Resolution No. 2024-90, titled “A Resolution of the City Council of the City of Encinitas, California, Adopting the Housing Equity Action Plan in Accordance with Housing Element Implementation Program 3H”; and 2) Adopt Resolution No. 2024-91, titled “A Resolution of the City Council of the City of Encinitas, California, Adopting the Displacement Risk Action Plan in Accordance with Housing Element Implementation Program 5C.”
Associate Planner Cvetko and Development Services Director Kusiak presented the staff report and responded to questions from the Council.
COUNCIL ACTION:
Kranz moved, Ehlers seconded to: 1) Adopt Resolution No. 2024-90, titled “A Resolution of the City Council of the City of Encinitas, California, Adopting the Housing Equity Action Plan in Accordance with Housing Element Implementation Program 3H”; 2) Adopt Resolution No. 2024-91, titled “A Resolution of the City Council of the City of Encinitas, California, Adopting the Displacement Risk Action Plan in Accordance with Housing Element Implementation Program 5C.”; and 3) and amendment to add a future agenda item to discuss goal number 8 further and add a yearly agendized action item to Council regarding the Housing Element. Motion Carried. Ayes:
Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent: Hinze.
Abstain: None.
10F. Consideration of Introduction of Ordinance 2024-09 amending Encinitas Municipal Code (EMC) Chapter 2.12 Conflict of Interest Code, Section
2.12.060(C) Designated City Positions. 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: Introduce Ordinance 2024-09 titled, “An Ordinance of the City Council of the City of Encinitas, California, Amending Encinitas Municipal Code Chapter 2.12 Conflict of Interest Code, Section
2.12.060(C) Designated City Positions.”
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Deputy City Clerk Weichers presented the staff report.
COUNCIL ACTION:
Lyndes moved, Ehlers seconded to Introduce Ordinance 2024-09 titled, “An Ordinance of the City Council of the City of Encinitas, California, Amending Encinitas Municipal Code Chapter 2.12 Conflict of Interest Code, Section 2.12.060(C) Designated City Positions.” Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays:
None. Absent: Hinze. Abstain: None
10G. Proposed Amendment No. 5 to the City Manager’s Employment Agreement, effective July 1, 2024. Contact Person: Mayor Kranz 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) Approval of Resolution 2024-88, titled “A Resolution of the City Council of the City of Encinitas, California, Authorizing Amendment No. 5 to the City Manager’s Employment Agreement”, and authorize the Mayor to execute Amendment No. 5 to the Employment Agreement, effective July 1, 2024; and 2) Approval of Resolution 2024-89 titled, “A Resolution of the City Council of the City of Encinitas, California, Approving and Adopting the City Manager Pay Schedule” and approving and adopting the City of Encinitas’ Salary Schedule effective July 1, 2024.
The Mayor presented the staff report
COUNCIL ACTION:
Kranz moved, Blackwell seconded to: 1) Approve Resolution 2024-88, titled “A Resolution of the City Council of the City of Encinitas, California, Authorizing Amendment No. 5 to the City Manager’s Employment Agreement”, and authorize the Mayor to execute Amendment No. 5 to the Employment Agreement, effective July 1, 2024; and 2) Approve Resolution 2024-89 titled, “A Resolution of the City Council of the City of Encinitas, California, Approving and Adopting the City Manager Pay Schedule” and approving and adopting the City of Encinitas’ Salary Schedule effective July 1, 2024.
Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays:
None. Absent: Hinze. Abstain: None
11. INFORMATIONAL ITEMS
11A. Firefighter Drone Presentation. Contact Person: Fire Chief Gordon Docusign Envelope ID: 986C9F92-3EEF-46E6-91BC-DC713CE989F1
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Recommended Action: Receive the oral report.
This item was removed from the agenda by staff and will be rescheduled to the Regular City Council meeting on August 21, 2024.
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 an Encina Wastewater Authority Board meeting and a San Diego County Water Authority Meeting.
Council Member Ehlers reported on an Encina Wastewater Authority Board meeting and had a Policy Finance Committee meeting on August 13, 2024.
Deputy Mayor Blackwell reported on a San Elijo JPA meeting in July.
Mayor Kranz reported that SANDAG is advancing the Smart Growth Grant process.
14. CITY MANAGER REPORTS
No City Manager report was given.
15. CITY ATTORNEY REPORTS
No City Attorney report was given.
No City Clerk report was given.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 7:41 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Jackie Rapp
Management Analyst
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