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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
SEPTEMBER 11, 2024, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Kranz provided opening remarks regarding the 23rd Anniversary of the events of September 11, 2021, and called the meeting to order at 6:02 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: City Manager Antil, City Attorney Preziosi, Director of Engineering Bankston, City Traffic Engineer Bandegan, Housing Services Manager Dacey, Planning Manger Anders, 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. Proclamation in recognition of Scripps 100th Anniversary
Mayor Kranz presented the Proclamation in recognition of Scripps 100th Anniversary to Carl Etter, Chief Executive, Scripps North; Steve Miller, Vice President, Chief Operations Executive, Administrator, Scripps Memorial Hospital Encinitas; and Scott Eisman, MD, Chief Physician Executive, Scripps Memorial Hospital Encinitas.
4B. Presentation in recognition of Rising Stars: Patrick Jang, Drew Hansen, and Eve Roden
Mayor Kranz spoke on the Rising Stars Program and recognized Rising Stars Certificate recipients: Patrick Jang, Drew Hansen, and Eve Roden.
4C. Presentation for Suicide Prevention Awareness Month
Mayor Kranz spoke regarding Suicide Prevention Awareness Month.
Canyon Crest Academy student Patrick Jang presented a portion of his video “Weathered” and spoke regarding mental health. La Costa Canyon High School student Drew Hanson spoke regarding her program “Peer Assisted Listening Strategies (PALS)”.
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5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Joe Schwab spoke regarding a Citywide Rail Corridor Quiet Zone.
Madison Rapp spoke regarding smoke-free multiunit housing policies.
Kristine Schindler spoke regarding bike safety.
Mark Wilcox spoke regarding smoke shops.
Terri-Ann Skelly spoke regarding marijuana and AB1775.
Lisa Provenzano spoke regarding L7.
David Hill spoke regarding Ordinance 2024-04.
Bernard Loveless spoke regarding rent control in mobile home parks.
Scott Campbell spoke regarding Measure K.
Sheila Cameron spoke regarding safety issues in the City.
6. REPORT FROM CLOSED SESSION
City Attorney Preziosi reported that the City Council held a Closed Session at approximately 4:30 p.m., to discuss two items, and there were no reportable actions.
7. CHANGES TO THE AGENDA
Deputy City Clerk Weichers announced that there were no changes to the posted agenda; however, agenda items 08D, 08E, 08G, and 10B had updates posted on the website after the agenda was posted.
8. CONSENT CALENDAR
COUNCIL ACTION:
Ehlers moved, Blackwell seconded to close and adopt the Consent Calendar.
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.
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8B. Approval of the Minutes of the August 21, 2024, Regular Meeting; August 28, 2024, Special Meeting; and August 28, 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. Designation of a voting delegate for the League of California Cities (LCC) Annual Conference, October 16-18, 2024. Contact Person: Executive Assistant to Mayor and City Council Blease
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: City Council adopts Resolution 2024-100, titled “A Resolution of the City Council of the City of Encinitas Designating Deputy Mayor Blackwell as the City’s Voting Delegate at the League of California Cities Annual Conference to be Held October 16-18, 2024”. 8E. 101 Artists’ Colony 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: Authorize the City Manager to execute a Memorandum of Understanding with the 101 Artists’ Colony, in conjunction with the City Attorney in substantial form, between the City of Encinitas and 101 Artists’ Colony for the Arts Alive Encinitas Banner Program. 8F. Legislative position letter submitted to City Council for 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.
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government that will not result in the direct or indirect physical change in the environment.
Recommended Action: Ratify Veto Letter for SB 450 – Housing development: approvals (Atkins).
8G. Lease/purchase financing for the City’s purchase of a Pierce Velocity Tractor Drawn Aerial (TDA) Fire Engine in the amount of $2,100,891.
Contact Person: Finance Manager Attili
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 2024-102, titled “A Resolution of the City Council of the City of Encinitas, California, Authorizing Entering Into a New Lease with PNC Equipment Finance Under a Master Equipment Lease Purchase Agreement and the Execution and Delivery of Related Instruments, and Determining Other Matters in Connection Therewith”; and 2) Authorize the City Manager or her designee to take all necessary steps to complete the financing of the Pierce Velocity Tractor Drawn Aerial Truck (TDA) Fire Engine, including the execution of the contract and financing arrangements, with PNC Equipment Finance. 8H. Appointment to the Environmental Commission to fill one unscheduled vacancy with a term ending March 1, 2026. Contact Person: City Clerk Hollywood
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: The City Council approve the Mayor’s recommendation to appoint Katie Fletcher to the Environmental Commission to fill one unscheduled vacancy with a term ending March 1, 2026.
8I. Acceptance of the El Portal Undercrossing Public Art Project (CP22B).
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.
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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: 1) Authorize the filing of the Notice of Completion for the subject project; and 2) Adopt City Council Resolution No. 2024-104, titled “A Resolution of the City of Council of the City of Encinitas, California, Accepting the El Portal Undercrossing Public Art Project (CP22B)”. 8J. Grant application for the California Office of Emergency Services (CalOES) State and Local Cybersecurity Grant Program. 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: Authorize the City Manager, or designee, to apply for, accept and administer funding from the CalOES State and Local Cybersecurity Grant Program.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
No items were removed from the Consent Calendar.
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 Introduction of Ordinance No. 2024-10, amending Ordinance No. 2024-02 to create a new comprehensive street list with additional and amended streets with lower speed limits in the City of Encinitas (“City”) pursuant to Assembly Bill 43 (AB43). Contact Person: City 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. 2024-10, titled “An Ordinance of the City Council of the City of Encinitas, California, Amending Docusign Envelope ID: 8D3A8A4D-7922-4844-A088-7CA24154887D
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Ordinance No. 2024-02, to Create a New Comprehensive Street List with Additional and Amended Streets with Lower Speed Limits in the City of Encinitas Pursuant to Provisions of Assembly Bill 43 (AB43).” City Traffic Engineer Bandegan and City Engineer Bankston presented the staff report and Engineering staff responded to preliminary 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 7:04 p.m.
SPEAKERS:
Kristine Schindler, Donna Westbrook, Judy Berlfein, and Ron Dodge spoke on this item.
Mayor Kranz closed the public hearing at 7:14 p.m.
Council provided feedback and comments regarding this item.
COUNCIL ACTION:
Lyndes moved, Kranz seconded to approve the introduction of Ordinance No. 2024-10, titled “An Ordinance of the City Council of the City of Encinitas, California, Amending Ordinance No. 2024-02, to Create a New Comprehensive Street List with Additional and Amended Streets with Lower Speed Limits in the City of Encinitas Pursuant to Provisions of Assembly Bill 43 (AB43).”; with an amendment to the street list to include extending the 20 mph speed limit on Hermes between Jason and Leucadia Blvd. Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent: Hinze. Abstain:
None.
10B. Public hearing to consider adoption of the El Camino Real Specific Plan (ECRSP) and related amendments to the Encinitas Zoning Regulations, the Land Use Element of the General Plan, and the Local Coastal Program.
Contact Person: Housing Services Manager Dacey
Environmental Considerations: Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15105(b), an Initial Study (IS) has been prepared which determined that no significant environmental impacts Docusign Envelope ID: 8D3A8A4D-7922-4844-A088-7CA24154887D
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would result from the proposed project with mitigation measures incorporated into the project. Therefore, a Mitigated Negative Declaration (MND) was prepared for the project that includes mitigation measures for Biological Resources (BIO-1) and Tribal Cultural Resources (TCR-1) incorporated into the project as filed with the State Clearinghouse (State Clearinghouse No. 2024060039), and San Diego County Clerk-Recorder’s Office.
Recommended Action: 1) Consider modifications to the El Camino Real Specific Plan as recommended by the Planning Commission and staff and provide direction as to which, if any, of the recommended modifications are to be included in the final Specific Plan; 2) Adopt Resolution No. 2024-83, titled “A Resolution of the City Council of the City of Encinitas, California, Adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the El Camino Real Specific Plan Project”; 3) Adopt Resolution No. 2024-84, titled “A Resolution of the City Council of the City of Encinitas, California, Amending Figure 4 Land Use Policy: New Encinitas Map of the Land Use Element of the General Plan and Amending the Local Coastal Program”; 4) Introduce City Council Ordinance No. 2024-08, titled “An Ordinance of the City Council of the City of Encinitas, California, Adopting the El Camino Real Specific Plan (SP-6) and Amendments to Section 30.84.010 of Chapter 30.84 (Specific Plans) of the Zoning Regulations and the Local Coastal Program” with incorporation of recommended modifications as directed by City Council; and 5) Adopt Resolution No. 2024-85, titled “A Resolution of the City Council of the City of Encinitas, California, to Authorize Submittal of the Local Coastal Program Amendments to Section 30.84.010 of Chapter 30.84 (Specific Plans) of the Zoning Regulations and Figure 4 Land Use Policy: New Encinitas Map of the Land Use Element of the General Plan to the California Coastal Commission”.
Housing Services Manager Dacey, Assistant Director of Planning Colamussi, Planning Manager Anders and the following Consultants: Brook Peterson, Jennifer Campos, Andrew Prescott presented the staff report and responded to preliminary 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 7:40 p.m.
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SPEAKERS:
Kristine Schindler, Donna Westbrook, and Ron Dodge spoke regarding this item.
Mayor Kranz closed the public hearing at 7:51 p.m.
Council provided feedback and comments regarding this item.
COUNCIL ACTION:
Ehlers moved, Kranz seconded to: 1) Consider modifications to the El Camino Real Specific Plan as recommended by the Planning Commission and staff with the recommended modifications to be included in the final Specific Plan:
• In objective M-4.1 eliminating the phrase “as well as the reduction or elimination of parking minimum requirements” • In objective CB-2.3 and the Street Scape section add the requirement of Trees at Maturity along El Camino Real will be selected to be a minimum of 20 feet or more
• CB-2.1 change the word “encourage” to “require”
• RM-2.2 add “, including substantial use of native plants” at the end of this requirement
• For use matrix under Life Sciences change language from “permitted by right” to “major use permit”
• In section 3.4.8 reduce the average maximum unit size to 800 square feet of floor area for rentals and 900 square feet of floor area for for-sale
• Accept Staff recommendations not to lower the numerical point values of the “Bicycle Locker” or “EV Charging Station”; not to reduce “New Dedicated Small Business Space with Reduced Rent” from 30 to 10 points; and accept the additional
modifications to Section 6.2.1 and Section 8.6;
2) Adopt Resolution No. 2024-83, titled “A Resolution of the City Council of the City of Encinitas, California, Adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the El Camino Real Specific Plan Project”; 3) Adopt Resolution No. 2024-84, titled “A Resolution of the City Council of the City of Encinitas, California, Amending Figure 4 Land Use Policy: New Encinitas Map of the Land Use Element of the General Plan and Amending the Local Coastal Program”; 4) Introduce City Council Ordinance No. 2024-08, titled “An Ordinance of the City Council of the City of Encinitas, California, Adopting the El Camino Real Specific Plan (SP-6) and Amendments to Section 30.84.010 of Chapter 30.84 (Specific Plans) of the Zoning Regulations and the Local Coastal Program” with incorporation of recommended modifications as directed by City Council; and 5) Adopt Resolution No. 2024-85, titled “A Resolution of the City Council of the City of Encinitas, California, to Authorize Submittal of the Local Coastal Program Amendments to Docusign Envelope ID: 8D3A8A4D-7922-4844-A088-7CA24154887D
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Section 30.84.010 of Chapter 30.84 (Specific Plans) of the Zoning Regulations and Figure 4 Land Use Policy: New Encinitas Map of the Land Use Element of the General Plan to the California Coastal Commission” Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent: Hinze. Abstain: None.
11. INFORMATIONAL ITEMS
There were no Informational Items
12. COUNCIL MEMBER INITIATED AGENDA ITEM
There were no Council Member Initiated Items
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF.
Council Member Lyndes reported on a SANDAG Shoreline Preservation Group meeting, chairing the SANDAG Sustainable Community Working Group on September 5, 2024, and the SANDAG LOSSAN Rail Realignment Workshop.
Council Member Ehlers reported on attending an Encina Wastewater Policy Finance Committee Meeting.
Mayor Kranz reported on SANDAG’s LOSSAN Rail Corridor Value Analysis Report.
14. CITY MANAGER REPORTS
City Manager Antil had nothing to report.
15. CITY ATTORNEY REPORTS
City Attorney Preziosi had nothing to report.
Deputy City Clerk Weichers had nothing to report.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 8:57 p.m.
_______________________________ ____________________________ Pete Weichers, Deputy City Clerk Tony Kranz, Mayor
By: Jackie Rapp, Management Analyst
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