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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
OCTOBER 9, 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 Kellie Shay Hinze
Absent: Council Member Joy Lyndes
Also present: City Attorney Preziosi, City Manager Antil, City Engineer Bankston, City Clerk Hollywood, 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 honor of the 10th Anniversary of Encinitas Magazine.
Mayor Kranz presented the Proclamation to Editor in Chief, Chris Cote, and recognized the following members of the staff: Tim Wrisley, Publisher; Aaron Regan, Art Director; Zach Cordner, Photo Editor; James Cravens, Managing Editor; Richy Nishira, Distribution; and Kathleen Larson, Advertising.
4B. Presentation by the Nature Collective on the current status of the San Elijo inlet and the need for a supplemental dredging project
Doug Gibson with the Nature Collective provided a presentation and responded to questions from the Council regarding the current status of the San Elijo Inlet and the need for a supplemental dredging project.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Ed Weber spoke regarding trees in Orpheus Park.
Brad Lefkowits spoke regarding the Encinitas Union School District school board election.
Treena Priest spoke regarding World Mental Health Day and Marijuana.
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Monica Lee spoke regarding the Encinitas Union School District school board election.
Aimie Sproul spoke regarding the Encinitas Union School District school board election.
Mark Miville spoke on various topics.
6. REPORT FROM CLOSED SESSION
City Attorney Preziosi reported that the City Council held a Closed Session at approximately 5:00 p.m., to discuss one matter and the City Council discussed price and terms and voted with a 3-0 vote (Hinze and Lyndes absent) to authorize City Engineer Jill Bankston to engage in further negotiations on a reciprocal easement with the North County Transit District.
7. CHANGES TO THE AGENDA
There were no changes to the posted agenda however City Clerk Hollywood noted that item 8F had an update to the Fiscal Impact to correct a clerical error.
8. CONSENT CALENDAR
COUNCIL ACTION:
Hinze moved, Blackwell seconded to close and adopt the Consent Calendar.
Motion Carried. Ayes: Blackwell, Ehlers, Hinze, and Kranz. Nays: None.
Absent: Lyndes. 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 September 11, 2024, Regular Meeting; September 18, 2024, Special Meeting; September 18, 2024, Regular Meeting; September 25, 2024, Special Joint Meeting with the Parks and Recreation Commission; and September 25, 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.
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8D. Appointment to the Urban Forest Advisory Committee (UFAC) 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 Matthew Altman to fill one unscheduled vacancy with a term ending March 1, 2026.
8E. Agreement for Native Plant Demonstration Garden Design with MW Peltz + Associates, Inc. Contact Person: Parks Operation 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, in consultation with the City Attorney, to execute an agreement in substantial form with MW Peltz + Associates, Inc. The agreement will be for a not-to-exceed amount of $84,500 over the one-year term.
8F. Authorization to purchase the virtual firewall for hybrid applications and secure portal subscriptions. 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 purchase of the virtual firewall for hybrid applications and secure portal subscriptions in an amount of $140,725 for FY 2024-25, $106,000 in FY 2025-26 and $106,000 in FY 2026-27 for a total of $352,725 using National Cooperative Purchasing Alliance (NCPA) Contract# 01-170, which was competitively bid.
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8G. Adoption of Resolution 2024-107 Approving Continuing Appropriations from Fiscal Year 2023-24 and Amending the Fiscal Year 2024-25 Operating Budget. Contact Person: Senior Finance Analyst Clisby
Environmental Considerations: This action is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(5) of the CEQA Guidelines, as an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment.
Recommended Action: Adopt City Council Resolution 2024-107, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2024-25 Budget.”
8H. Authorization to renew Microsoft Office 365 product subscriptions. 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 renewal of Microsoft Office 365 subscription in the amount of $173,873 in FY 2024-25 using Microsoft Cloud Services Agreement for U.S. Public Sector pricing, which was competitively bid.
8I. Approve an increase to the Not-to-Exceed Amount of the Servitek Electric, Inc. construction contract for the Highway Safety Improvement Program (HSIP) Cycle 8 Citywide Streetlight Conversion Project (CS17H). Contact Person: Engineer II Barr
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 alterations to public facilities.
Recommended Action: Approve an increase of $56,000 to the construction contract not-to-exceed amount with Servitek Electric, Inc. for the Citywide Streetlight Conversion Project (CS17H) from $638,000 to $694,000.
8J. Approval of Plans and Authorization to Advertise the Outdoor Dining Concrete K-Rail Project. Contact Person: Engineer II Edgeworth Docusign Envelope ID: 28527A2E-1E77-4E10-B305-71E3FF2F38F4
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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 alterations to public facilities. The replacement of existing barriers is proposed on existing public streets, and do not create additional automobile lanes. The proposed project meets the criteria for this exemption.
Recommended Action: 1) Approve the plans for the Outdoor Dining Concrete K-Rail Project; 2) Authorize the advertisement of the Outdoor Dining Concrete K-Rail Project for construction bids; and 3) Adopt Resolution No. 2024-114 titled, “A Resolution of the City Council of the City of Encinitas Approving the Design and Plans for the Installation of the Outdoor Dining Concrete K-Rail Project, pursuant to Government Code Section 830.6.”
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. Presentation of the Cardiff, Downtown Encinitas, and Leucadia Parking Study. 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. Environmental review will be conducted in connection with and prior to the adoption of any resulting ordinance.
Recommended Action: Accept the Cardiff, Downtown Encinitas, and Leucadia Parking Study (“Study”) and provide direction to staff on general parking considerations, and parking-related considerations to be included in the outdoor dining ordinance.
Senior Mobility Planner Jedynak, Planning Manager Anders and, Consultant Phuong Nguyen from CR Associates presented the staff report and responded to Council questions.
SPEAKERS:
Raul Villamar and Mark Miville spoke regarding the parking study.
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COUNCIL ACTION:
Hinze moved, Kranz seconded to accept the Cardiff, Downtown Encinitas, and Leucadia Parking Study (“Study”) and parking-related considerations to be included in the outdoor dining ordinance with the addition of an addendum to reflect the additional 90 spaces added on South Coast Highway 101 with the Cycle Track Project. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, and Kranz. Nays: None.
Absent: Lyndes. Abstain: None.
10B. Mobility and Traffic Safety Commission’s (MTSC) First Annual Work Plan, Fiscal Year 2024-25. 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) pursuant to 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: Review proposed MTSC Work Plan for Fiscal Year 2024-25 and provide direction to commission and staff.
Traffic Engineer Bandegan, Mobility and Traffic Safety Commission Chair Honsberger, and City Engineer Bankston presented the staff report and responded to Council questions.
SPEAKERS:
Glen Johnson spoke regarding the Commission’s work plan.
COUNCIL ACTION:
Ehlers moved, Kranz seconded to: 1) direct staff to schedule a joint meeting of the Commission and City Council to discuss narrowing the list of projects; 2) after the joint meeting the Commission will prioritize and rank the list of projects and resubmit the work plan to the City Council for consideration during the next budget cycle discussions; 3) no significant use of budget at this time; and 4) sync future Mobility and Traffic Safety Commission work plan process with the budget cycle. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, and Kranz.
Nays: None. Absent: Lyndes. 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 Ehlers reported that he attended an Encinas Wastewater Policy Finance Committee Meeting on October 8, 2024.
Council Member Hinze had nothing to report.
Deputy Mayor Blackwell had nothing to report.
Mayor Kranz reported that he attended a SANDAG meeting regarding the proposed 2025 Draft Reginal Plan.
14. CITY MANAGER REPORTS
City Manager Antil reported on the new Green Bin Guide posted on the City Website.
15. CITY ATTORNEY REPORTS
City Attorney reported on the recently enacted housing bill AB 2729 which will take effect January 1, 2025.
City Clerk Hollywood stated that information regarding the upcoming election can be found on the San Diego County Registrar of Voters website, sdvote.com.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 8:19 p.m.
_____________________________ __________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Jackie Rapp, Management Analyst
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