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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
SEPTEMBER 25, 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: City Attorney Preziosi, Deputy City Manager Sapa’u, Development Services Director Kusiak, Director of, Parks, Recreation, and Cultural Arts 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 in recognition of Bryce Wettstein, Olympian at the Paris Olympics.
Mayor Kranz presented the certificate in recognition of Bryce Wettstein, Olympian at the Paris Olympics, and Matt Rubel, District Representative from Senator Blakespear’s Office also presented a certificate of recognition. 4B. Presentation in recognition of Andy Macdonald, Olympian at the Paris Olympics.
Mayor Kranz presented the certificate in recognition of Andy Macdonald, Olympian at the Paris Olympics, and Matt Rubel, District Representative from Senator Blakespear’s Office also presented a certificate of recognition. 4C. Presentation on Battery Safety by the Fire Department.
Mayor Kranz announced that this item was removed from the agenda by staff and would be returning at a later date.
4D. Parks, Recreation and Cultural Arts Update.
Parks, Recreation, and Cultural Arts Director Knopp, and staff provided an update and overview of departmental achievements and activities of the Parks, Recreation, and Cultural Arts Department.
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5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Teri-Ann Skelly spoke regarding a ban on the sale of Kratom.
Natalie Setton spoke regarding public safety.
Raul Villamar spoke regarding issues downtown.
Maria Ardantz spoke regarding mindful development and Historic Districts.
Mark Miville spoke regarding various topics.
Madison Rapp spoke regarding marijuana product advertising.
Dolores Welty spoke regarding public service.
6. REPORT FROM CLOSED SESSION
No Closed Session Meeting was held.
7. CHANGES TO THE AGENDA
City Clerk Hollywood announced that Special Presentation Item 4C had been removed from the agenda by staff and would be placed on a future agenda.
8. CONSENT CALENDAR
COUNCIL ACTION:
Blackwell moved, Lyndes 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.
8B. Approval of the Minutes of the August 28, 2024, Special-Closed Session Meeting; and September 11, 2024, Special-Closed Session 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
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Recommended Action: Staff recommends that the City Council review and approve the warrants.
8D. Memorandum of Understanding between the City of Encinitas and the Encinitas Chamber of Commerce for a community special event. Contact Person: Recreation Services Manager Hamer
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 Encinitas Chamber of Commerce to provide a Business and Community Resource Expo scheduled for Saturday, February 8, 2025, at the Encinitas Community and Senior Center.
8E. Second reading and adoption of Ordinance No. 2024-08 for the adoption of the El Camino Real Specific Plan (ECRSP) and related amendments to the Encinitas Zoning Regulations, 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 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. The City Council approved the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program on September 11, 2024 (Resolution No. 2024-83).
Recommended Action: Adopt 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.
8F. San Diego Association of Governments (SANDAG) Housing Acceleration Program (HAP) Grant Cycle 2 Award in the amount of $573,000, budget Docusign Envelope ID: 8D3A8A4D-7922-4844-A088-7CA24154887D
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amendment to appropriate funds to the 6th Cycle Housing Element Implementation Program (WC22C) work project, and authorization to execute a contract and contract amendment to fulfill the grant requirements.
Contact Person: Associate Planner Cvetko
Environmental Considerations: The action before the City Council is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines since the action is not a “project” pursuant to Section 15378(b)(5). The action involves an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment.
Recommended Action: 1) Receive SANDAG HAP Grant Award in the amount of $573,000; 2) Adopt Resolution No. 2024-105, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2024-25 Budget” appropriating HAP Grant funds to the 6th Cycle Housing Element Implementation Program (WC22C) work project”; 3) Authorize the City Manager in consultation with the City Attorney to execute a Professional Services Agreement with Ascent Environmental, Inc. in substantial form; and 4) Authorize the City Manager in consultation with the City Attorney to amend the Professional Services Agreement with Civic Solutions, Inc. (Contract #24300094) to add new grant funding to hire new contract planning and/or engineering staff in substantial form. 8G. Acceptance of the AB-43 Speed Limit Signs (CS02F) and Citywide Speed Legends (CS02F) Projects. Contact Person: Associate Traffic Engineer Barr
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. 2024-94, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the Public Improvements for the AB-43 Speed Limit Signs Project (CS02F)”; and 6) Adopt City Council Resolution No. 2024-95, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the Public Improvements for the Citywide Speed Legends Project (CS02F).”
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8H. Adoption 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: Adopt 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).” 8I. Amendment No. 1 to Contract with Blue Moon Management Corporation for Facility Janitorial and Lock-up Services. Contact Person: Senior Management Analyst Elmore
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: Authorize the City Manager, in consultation with the City Attorney, to execute an amendment to the contract with Blue Moon Management Corporation in substantial form, to incorporate facility janitorial services at the Pacific View Arts Center and to increase the value of the agreement by $114,996 for the initial term and $281,493 if all available extensions are executed, for a total not-to-exceed contract amount of $1,186,093 for the initial term and $2,578,342 if all available extensions are executed.
8J. Amendment No. 1 to Agreement for Professional Consultant Services between the City of Encinitas and Michael Baker International to add $150,000 for additional support with as needed land surveying services for private land development projects and other City survey needs. Contact Person: Principal Engineer Cabrera
Environmental Considerations: The action being considered by the City Council are 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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that will not result in the direct or indirect physical change in the environment.
Recommended Action: Authorize the City Manager or her designee, in coordination with the City Attorney, to execute Amendment No. 1 to the Agreement with Michael Baker International, in substantial form, to add $150,000 of capacity to the design professional consultant agreement for a new not-to-exceed amount of $350,000, and to extend the term of the Agreement by one (1) additional one-year period to June 30, 2026. 8K. Zero Waste Program Implementation Services Contracts. Contact Person:
Solid Waste & Recycling Program Administrator Maechler
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 in consultation with the City Attorney, to execute four (4) one-year contracts in substantial form and summarized below: ProduceGood - $35,800, Solana Center for Environmental Innovation - $52,867, BCK Programs - $69,875, and I Love A Clean San Diego - $64,895; and 2) Authorize a total not-to-exceed amount of $687,208 over three (3) years for all four (4) contracts.
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 to consider and approve the FY 2023-24 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (“CDBG”) Program. Contact Person:
Management Analyst Schubert
Environmental Considerations: The action being considered by the City Council is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines because it is not a “project” as defined in Section 15378(b)(5). The action involves an organizational or administrative activity of government that will not result in direct or indirect physical change in the environment.
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Recommended Action: 1) Approve the FY 2023-24 CAPER; and 2) Authorize the City Manager or designee to submit the FY 2023-24 CAPER to the U.S. Department of Housing and Urban Development (HUD).
Management Analyst Schubert presented the staff report.
COUNCIL DISCLOSURES OF ADDITIONAL INFORMATION RECEIVED
BUT NOT INCLUDED IN THE STAFF REPORT
Council Member Lyndes had nothing to disclose.
Council Member Ehlers had nothing to disclose.
Deputy Mayor Blackwell had nothing to disclose.
Mayor Kranz had nothing to disclose.
Mayor Kranz opened the public hearing at 6:54 p.m.
There were no public speakers.
Mayor Kranz closed the public hearing at 6:54 p.m.
COUNCIL ACTION:
Blackwell moved, Lyndes seconded to: 1) approve the FY 2023-24 CAPER, AMENDED to include the two additional items added by the City Council to the Barriers to Racial and Ethnic Equity in Housing Study on January 17, 2024; 2) authorize the City Manager to submit the FY 2023-24 CAPER to the U.S. Department of Housing and Urban Development (HUD); and 3) not advance AB 1033. Motion Carried.
Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent:
Hinze. Abstain: None.
10B. Development Services legislative update regarding State Assembly Bills (AB) or Senate Bills (SB) from the 2023 legislative cycle that require City action or City Council direction. Contact Person: Housing Services Manager Dacey
Environmental Considerations: The action being considered by the City Council is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines because it is not a “project” as defined in Section 15378(b)(5). 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 the report and provide direction to staff regarding the bills presented in this report; 2) Adopt Resolution No. 2024- 110, titled “A Resolution of the City Council of the City of Encinitas, California, Directing Staff to Initiate Amendments to the Zoning Regulations Docusign Envelope ID: 8D3A8A4D-7922-4844-A088-7CA24154887D
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and Local Coastal Program to Incorporate State Legislative Changes Regarding Accessory Dwelling Units”; 3) Adopt Resolution No. 2024-111, titled “A Resolution of the City Council of the City of Encinitas, California, Directing Staff to Initiate Amendments to the Zoning Regulations and Local Coastal Program to Implement State Legislative Changes Regarding Parking Requirements for Single-Family Residences Pursuant to Government Code Section 65863.5”; and 4) Adopt Resolution No. 2024- 112, titled “A Resolution of the City Council of the City of Encinitas, California, Directing Staff to Initiate Amendments to the Zoning Regulations and Local Coastal Program to Implement State Legislative Changes Regarding Density Bonus Law Pursuant to Government Code Section 65915.”
Housing Services Manager Dacey presented the staff report and responded to preliminary questions from the Council.
SPEAKERS:
Dolores Welty, Rachel Graves, Rhonda Graves, and Maria Ardantz spoke in opposition to the recommended action.
COUNCIL ACTION:
Kranz moved, Blackwell seconded to: 1) adopt Resolution No. 2024- 110, titled “A Resolution of the City Council of the City of Encinitas, California, Directing Staff to Initiate Amendments to the Zoning Regulations and Costal Program to Incorporate State Legislation Changes Regarding Accessory Dwelling Units”; 2) adopt Resolution No. 2024-111, titled “A Resolution of the City Council of the City of Encinitas, California, Directing Staff to Initiate Amendments to the Zoning Regulations and Local Coastal Program to Implement State Legislative Changes Regarding Parking Requirements for Single- Family Residences Pursuant to Government Code Section 65863.5”; 3) adopt Resolution No. 2024-112, titled “A Resolution of the City Council of the City of Encinitas, California, Directing Staff to Initiate Amendments to the Zoning Regulations and Local Coastal Program to Implement State Legislative Changes Regarding Density Bonus Law Pursuant to Government Code Section 65915.”; and 4) to not advance AB 1033. 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.
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13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF.
Council Member Lyndes reported on attending a LOSSAN Board Meeting, a San Diego County Water Authority Meeting, and an Encinas Wastewater Authority Meeting.
Council Member Ehlers reported on an Encinas Wastewater Authority Meeting.
Deputy Mayor Blackwell reported on a San Elijo Joint Powers Authority Meeting.
Mayor Kranz reported on attending a LOSSAN Board realignment meeting.
14. CITY MANAGER REPORTS
Deputy City Manager Sapa’u reported on the following:
• Encinitas Oktoberfest on September 29, 2024
• The City’s chatbot “Sunny” is now live on the City’s website
15. CITY ATTORNEY REPORTS
No City Attorney Report was given.
No City Clerk Report was given.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 7:46 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers, Deputy
City Clerk
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