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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
AUGUST 28, 2024, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Kranz called the meeting to order at 6:14 p.m.
2. ROLL CALL
Present: Mayor Tony Kranz, Deputy Mayor Allison Blackwell, Council Members Bruce Ehlers, Kellie Shay Hinze (arrived at 8:12 p.m. and left the meeting at 9:18 p.m.), and Joy Lyndes
Absent: None
Also present: City Manager Antil, City Attorney Preziosi, Director of Engineering Bankston, Development Services Director Kusiak, Sheriff’s Captain Watts, Fire Chief Gordon, 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 and Proclamation in Honor of Successful 20th Anniversary Bro-Am.
Chris Federick, Foundation and Partnerships Director of the Bro-Am provided a brief presentation on the 20th anniversary of the Bro-Am.
Mayor Kranz presented the Proclamation to Chris Federick, Christine Lustig, Bro-Am Event Director, Katya Makarove, Kirsty Mitchell, Events Team, Jasmine Montoya, Volunteer Director, Mia Park, Auction & Communications Team, and Marti Quashnock, Auction Team in honor of the 20th Anniversary of the Bro-Am.
4B. American Heart Association's 2024 Mission: Lifeline Gold Award
Fire Chief Gordon presented and accepted the American Heart Association’s Mission Lifeline Gold Award on behalf of the City of Encinitas.
4C. Presentation in Recognition of Tom Schaar, Skateboarder, Silver Medalist at the Paris Olympics
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Mayor Kranz presented a certificate of recognition to Tom Schaar in recognition of the Silver Medal he received at the Paris Olympics in Skateboarding.
Matt Rubel, District Director from Senator Blakespear’s office presented a certificate of recognition to Tom Schaar.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Skip Hammann, Susan Schreder, Michele Killman, and Susan Kennedy representing United Sovereign Americans spoke regarding the 2024 election.
Madison Rapp spoke regarding marijuana.
Gene Chapo spoke regarding affordable housing.
Scott Campbell spoke regarding various topics.
Laurie Michaels spoke regarding traffic concerns on Cornish Drive.
Jeryl Anne Kessler spoke regarding the Staver project on Melba Road.
Natalie Setton spoke regarding homelessness.
Mark Miville spoke regarding various topics.
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 one item, and there was no reportable action.
7. CHANGES TO THE AGENDA
There were no changes to the posted agenda.
8. CONSENT CALENDAR
City Clerk Hollywood announced that Items 8J and 8K were removed from the Consent Calendar by members of the public and regarding Item 8L Mo Sammak registered support, but chose not to speak.
Council Member Ehlers announced that he was pulling Item 8L from the Consent Calendar.
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COUNCIL ACTION:
Blackwell moved, Ehlers seconded to close and adopt the Consent Calendar with the exception of Items 8J, 8K, 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 August 14, 2024, Special-Closed Session Meeting; and August 14, 2024, Regular Meeting. Contact Person: City Clerk Hollywood
Recommended Action: Approve the Minutes.
8C. Approval of the Warrants List (Register of Demands). Contact Person:
Finance Manager Dinh
Recommended Action: Staff recommends that the City Council review and approve the warrants.
8D. San Diego Music Society MOU. Contact Person: Arts Division Manager Murphy
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: 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 the San Diego Music Society (SDMS) to provide a music concert series (Music By The Sea) for the community.
8E. Consideration of Adoption 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.
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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 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.”
8F. City Council consideration of the Lease Agreement between the City of Encinitas and Encinitas Historical Society’s for real property located at 390 West F Street, Encinitas, California in order to maintain and operate the 1883 Historical Schoolhouse. Contact Person: Senior Management Analyst Gilliam
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: Staff recommends City Council approve and authorize the City Manager in coordination with the City Attorney to execute a lease agreement in substantial form, between the City of Encinitas and Encinitas Historical Society.
8G. Adopt Resolution No. 2024-96 to Rescind the “No U-Turn” Restriction for Westbound Manchester Avenue, Ocean Cove Drive, and Cape Sebastian Place. Contact Person: Engineer II Barr
Environmental Considerations: The proposed action 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.
Recommended Action: Adopt City Council Resolution No. 2024-96 titled, “A Resolution of the City Council of the City of Encinitas, California, Rescinding Resolution No. 2001-19, which Prohibited U-Turns on Manchester Avenue, Ocean Cove Drive, and Cape Sebastian Place between the hours of 6:00 a.m. and 10:00 a.m., Monday through Friday.” 8H. Acceptance of the following Projects: Citywide Streetlight Conversion (CS17H) Project, and Citywide All-Way Stop Control (AWSC) Intersection and Striping Improvements Project (CS02F). Contact Person: Engineer II Barr
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Environmental Considerations: The actions being considered by the City Council are exempt from the California Environmental Quality Act (CEQA) because they are not “projects” under Section 15378(b)(5) of CEQA Guidelines. The actions involve 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 Notices of Completion for the subject projects; 2) Authorize the release of the payment bonds for the subject projects in full upon the recording of the Notices of Completion; 3) Authorize the release of the performance bonds for the subject projects in full upon the recording of the Notices of Completion; 4) Authorize the release of maintenance bonds for the subject projects in full, one (1) year after the recording of the Notices of Completion; 5) Adopt City Council Resolution No. 2024-92, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the Public Improvements for the Citywide Streetlight Conversion Project (CS17H)”; and 6) Adopt City Council Resolution No. 2024-93, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the Public Improvements for the Citywide All-Way Stop Control (AWSC) Intersection and Striping Improvements Project (CS02F).”
8I. Adoption of City Council Ordinance No. 2024-03 to amend Chapter 7.18, Section 7.18.030 (Competitive Bidding Requirements and Exemptions) of the City of Encinitas Municipal Code. 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: Adopt 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.”
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8J. Santa Fe Drive Corridor Improvements Project – Eastern Phase (CS19E) Construction Award Package. Contact Person: Engineer I Suleiman Environmental Considerations: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) of the CEQA Guidelines, which exempts projects characterized as minor alterations to existing public facilities, involving Docusign Envelope ID: 7CE2E303-37DC-4D17-BF79-38E4887F0EC6
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negligible or no expansion of the existing use. The types of existing facilities include public streets where sidewalks, bicycle lanes, pedestrian crossings other similar alterations are proposed but do not create additional automobile lanes.
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 & Development, Inc., in the amount of $2,550,989, plus 10- percent contingency ($255,098) for a total not-to-exceed construction contract amount of $2,806,087 including any future contract amendments for construction of the Santa Fe Drive Corridor Improvements Project – Eastern Phase (CS19E); 2) Adopt City Council Resolution No. 2024-99, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2024-25 Budget” to increase the Santa Fe Drive Corridor Improvements Project (CS19E) project budget by $1,405,516 by returning available project budget from El Portal Undercrossing (CS16F), Annual Pavement Rehabilitation (CS22A/CS23A), Pacific View Improvements (CF20D), and appropriating Available Traffic Mitigation Fees (233) and General Fund Unassigned Fund Balance; and 3) Authorize the City Manager, or designee, to execute contract Amendment No. 2 in substantial form, in consultation with the City Attorney, to the Contract with Kleinfelder Construction Services, Inc., for construction support on the Santa Fe Drive Corridor Improvements Project for $899,429. There is prior contract capacity, and the request is in the amount of $783,354, which would increase the original not-to-exceed contract amount of $517,859 to a new not-to-exceed contract amount of $1,301,213.
Engineer I Suleiman presented the staff report and responded to questions from the Council.
SPEAKERS:
Scott Campbell, James O’Hara, and Jeryl Anne Kessler spoke regarding this item.
Patty Stottlemyer spoke in opposition to the recommended action.
COUNCIL ACTION:
Lyndes moved, Blackwell 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 Attorney, with Tri-Group Construction & Development, Inc., in the amount of $2,550,989, plus 10-percent contingency ($255,098) for a total not-to-exceed construction contract amount of $2,806,087 including any future contract amendments for construction of the Santa Fe Drive Corridor Improvements Project – Eastern Phase (CS19E); 2) Adopt City Council Resolution No. 2024-99, titled “A Resolution of the City Council of the City of Encinitas, California, Docusign Envelope ID: 7CE2E303-37DC-4D17-BF79-38E4887F0EC6
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Amending the Fiscal Year 2024-25 Budget” to increase the Santa Fe Drive Corridor Improvements Project (CS19E) project budget by $1,405,516 by returning available project budget from El Portal Undercrossing (CS16F), Annual Pavement Rehabilitation
(CS22A/CS23A), Pacific View Improvements (CF20D), and
appropriating Available Traffic Mitigation Fees (233) and General Fund Unassigned Fund Balance; and 3) Authorize the City Manager, or designee, to execute contract Amendment No. 2 in substantial form, in consultation with the City Attorney, to the Contract with Kleinfelder Construction Services, Inc., for construction support on the Santa Fe Drive Corridor Improvements Project for $899,429. There is prior contract capacity, and the request is in the amount of $783,354, which would increase the original not-to-exceed contract amount of $517,859 to a new not-to-exceed contract amount of $1,301,213. Motion Carried.
Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent:
Hinze. Abstain: None.
8K. Award a construction contract for the South Coast Highway 101 Sidewalk Improvement Project (CS22D) to L.C. Paving & Sealing, Inc. Contact Person: Engineer II Stryker
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 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 L.C. Paving & Sealing, Inc. in the amount of $626,751 plus a 15 percent construction contingency of $94,012 for a total construction contract not-to-exceed amount of $720,763, for the South Coast Highway 101 Sidewalk Improvement Project (CS22D); and 2) Adopt City Council Resolution No. 2024-39 titled, “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2024-2025 Budget” to appropriate $329,393 to the South Coast Highway 101 Sidewalk Improvement Project (CS22D).
SPEAKER:
Scott Campbell spoke regarding this item.
Engineer II Stryker responded to questions from the Council.
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COUNCIL ACTION:
Lyndes moved, Kranz 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 Attorney, with L.C. Paving & Sealing, Inc. in the amount of $626,751 plus a 15 percent construction contingency of $94,012 for a total construction contract not-to-exceed amount of $720,763, for the South Coast Highway 101 Sidewalk Improvement Project (CS22D); and 2) Adopt City Council Resolution No. 2024-39 titled, “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2024-2025 Budget” to appropriate $329,393 to the South Coast Highway 101 Sidewalk Improvement Project (CS22D). Motion Carried.
Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent:
Hinze. Abstain: None.
8L. Grant Application opportunities for Recommended Safety Projects under the Local Highway Safety Improvement Program (HSIP) Cycle 12 Call-for- projects. Contact Person: Engineer II Barr
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 selected and eligible HSIP projects; and 2) Authorize the City Manager, or designee, to apply for and if selected, accept and administer funding from HSIP Cycle 12 Grant.
Council Member Ehlers stated he removed this item for questions and clarifications regarding projects.
Mo Sammak registered support for the recommended action, but chose not to speak.
Traffic Engineer Bandegan responded to questions from the Council.
COUNCIL ACTION:
Ehlers moved, Lyndes second to authorize the City Manager, or designee, to apply for and if selected, and accept and administer funding from HSIP Cycle 12 Grant. Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent: Hinze. 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. Safety and Mobility Improvements in the Vicinity of Housing Element Sites Study (WC23B) Final Report including 30% Preliminary Design Plans and Cost Estimates. Contact Person: Engineer II Edgeworth
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: Receive the Final Report for the Safety and Mobility Improvements in the Vicinity of Housing Element Sites Study including the 30% design plans and cost estimates.
Engineer II Edgeworth presented the staff report and Engineering staff responded to questions from the Council.
SPEAKERS:
Gene Chapo and Ari Novy spoke in support of the recommended action.
Council provided feedback and comments regarding this item.
COUNCIL ACTION:
Ehlers moved, Lyndes seconded to receive the Final Report for the Safety and Mobility Improvements in the Vicinity of Housing Element Sites Study including the 30% design plans and cost estimates.
Ehlers amended the motion, Lyndes seconded to: 1) receive the Final Report for the Safety and Mobility Improvements in the Vicinity of Housing Element Sites Study including 30% design plans and cost estimates; and 2) direct staff to bring back a combined list of Safety and Mobility Improvements in the Vicinity of Housing Element Sites Study incorporating those in the Infrastructure Task Force prioritization list, the partially and 100% completed design projects in the vicinity of Housing Element Sites, and the sites identified in tonight’s Final Report and to include a recommendation for priority of projects. Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes.
Nays: None. Absent: Hinze. Abstain: None.
Mayor Kranz announced that Item 12A would be heard before Item 11A and there would be a one minute time limit for speakers on Item 12A.
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Mayor Kranz called the meeting into recess at 8:02 p.m. and reconvened the meeting at 8:12 p.m.
Council Member Hinze arrived at 8:12 p.m.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
12A. Councilmember Initiated Item from Mayor Kranz Regarding Consideration of Establishing the Sally Johnson Park at the city’s 634 Quail Gardens Drive property. Contact Person: Mayor Kranz
Recommended Action: Recommend the city council direct the Parks & Recreation Commission consider the creation and naming of a park at the city’s property on Quail Gardens Drive based upon the gift offer being made.
Mayor Kranz provided opening remarks regarding this item.
SPEAKERS:
Glen Johnson, Julie Mallon, Maria Ardantz, Stephanie Wheeler, Dick Stern, Elizabeth Carrera, Jim O’Hara, Jennifer Cannone, Rose Weinstein, Kevin Gaddy, Matthew Simmonds, Oliver Pratt, and Jessica Pratt spoke in support of the recommended action.
Louise Julig, Jim Stiven, Lois Sunrich, and Bob Kent spoke in opposition to the recommended action.
Aaron Hebshi spoke regarding this item.
Suzanne Stone registered opposition to the recommended action, but chose not to speak.
Natalie Setton registered support for the recommended action, but chose not to speak.
Parks, Recreation, and Cultural Arts Director Knopp responded to questions from the Council.
COUNCIL ACTION:
Kranz moved, Ehlers seconded to: 1) direct the Parks & Recreation Commission to consider the creation and naming of a park at the city’s property on Quail Gardens Drive based upon the gift offer being made; and 2) continue in parallel the affordable housing consultant Phase I public outreach work regarding possibility of L-7 as affordable housing. Motion carried. Ayes: Blackwell, Ehlers, Kranz. Nays: Hinze, Lyndes. Absent: None. Abstain: None.
Council Member Hinze left the meeting at 9:18 p.m.
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11. INFORMATIONAL ITEMS
11A. Habitat Stewardship Program Progress Report. Contact Person: Parks Operation Manager Norgard
Recommended Action: Receive the oral report.
Parks Operation Manager Norgard, and Jade Wall from RECON Environmental presented the staff report and responded to questions from the Council.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF.
Council Member Lyndes reported on a San Diego Water Authority Board Meeting and an Encina Wastewater Authority Meeting.
Council Member Ehlers reported on an Encina Wastewater Authority Meeting.
Mayo Kranz reported on a San Diego Community Power Meeting.
14. CITY MANAGER REPORTS
City Manager Antil reported on the following:
• New cheer and tumbling workshops with two sessions on September 25, 2024 and October 30, 2024
• Completion of the Citywide Striping project
• Affordable Housing Task Force meetings have started, audio of the meetings is uploaded to the website
15. CITY ATTORNEY REPORTS
City Attorney Preziosi noted that the San Diego Union Tribune had already reported on the City Council’s Special Meeting regarding the Homeless Action Plan and Captain Watts’ presentation on homelessness.
City Clerk Hollywood announced that there is a vacancy on the Urban Forest Advisory Committee and applications are now being accepted.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 9:44 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers, Deputy
City Clerk
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