10/16/2024 Regular Meeting Page 1 Mtg. #2024-____, Bk#40, Page ___
MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
OCTOBER 16, 2024, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Kranz called the meeting to order at 6:11 p.m.
2. ROLL CALL
Present: Mayor Tony Kranz, Deputy Mayor Allison Blackwell, Council Members Bruce Ehlers, Kellie Shay Hinze, and Joy Lyndes
Absent: None
Also present: City Manager Antil, City Attorney Preziosi, Director of Engineering Bankston, Public Works Director Mabry, Director of Parks, Cultural Arts, and Recreation 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. “Celebrate Día de los Muertos: A Community Gathering". Presented by the Ballet Folklorico de San Dieguito and Encinitas Friends of the Arts.
Gaby Beas from Encinitas Friends of the Arts and members of the Ballet Folkorico de San Dieguito presented an overview of the upcoming event at MiraCosta College on October 27, 2024: “Celebrate Dia De los Muertos: A Community Gathering.”
SPEAKERS:
Deanne Sabeck and Kathleen Lees spoke.
4B. Presentation of Proclamation in Recognition of the 60th Anniversary of the Encinitas Chamber of Commerce.
Mayor Kranz presented the proclamation to Chairman of the Encinitas Chamber of Commerce Richard D. Marks, CEO of the Encinitas Chamber of Commerce Sherry Yardley, and Encinitas Chamber of Commerce Community Relations and Membership Director Carol Knight.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Ed Weber spoke regarding trees in Orpheus Park.
Docusign Envelope ID: E00779DA-23C1-4DC3-8C57-DFFF5900D3DC
10/16/2024 Regular Meeting
10/16/2024 Regular Meeting Page 2 Mtg. #2024-____, Bk#40, Page __
Kristine Schindler spoke regarding various topics.
Mark Wilcox spoke regarding marijuana dispensaries in the City of Encinitas.
Kathleen Lindeman spoke regarding Encinitas City Council candidates.
Shaun Wallace spoke regarding bicycle safety.
Mark Miville spoke regarding homelessness.
Maria Ardantz spoke regarding the upcoming election.
6. REPORT FROM CLOSED SESSION
No Closed Session Meeting was held.
7. CHANGES TO THE AGENDA
City Clerk Hollywood announced that Action Item 10A had been removed from the agenda by staff.
8. CONSENT CALENDAR
City Clerk Hollywood announced that item 8G had been removed from the Consent Calendar by members of the public.
Council Member Lyndes spoke in support of Item 8D regarding the private donation to help replace the park equipment at Scott Valley Park with multi-abled park equipment.
COUNCIL ACTION:
Hinze moved, Blackwell seconded to close and adopt the Consent Calendar with the exception of Item 8G. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None. 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 Warrants List (Register of Demands). Contact Person:
Finance Manager Dinh
Recommended Action: Staff recommends that the City Council review and approve the warrants.
Docusign Envelope ID: E00779DA-23C1-4DC3-8C57-DFFF5900D3DC
10/16/2024 Regular Meeting
10/16/2024 Regular Meeting Page 3 Mtg. #2024-____, Bk#40, Page __
8C. Amendment No. 3 to Agreement for Professional Consultant Services between the City of Encinitas and University of San Diego, Energy Policy Initiatives Center to add $48,175, and a total not-to-exceed amount of $138,175, for additional support with the Climate Action Plan (CAP) Update.
Contact Person: Sustainability Manager Najera
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 her designee, in coordination with the City Attorney, to execute Amendment No. 3 to the Agreement with University of San Diego, Energy Policy Initiatives Center, in substantial form, to add tasks to the scope of work necessary to complete additional greenhouse gas emissions reduction analysis and add $48,175 of capacity to the professional consultant services agreement for a new not- to-exceed amount of $138,175, and add current consultant billing rates. 8D. Award a construction contract for the Scott Valley Park Equipment Replacement Project (CP24A) to Western State Builders Inc. Contact Person: Engineer II Stryker
Environmental Considerations: Pursuant to the California Environmental Quality Act Guidelines, the project is exempt per Sections 15302 and 15304(a). Section 15302 exempts replacement of commercial structures with new structures of substantially the same size, purpose, and capacity from environmental review. The project proposes to remove the existing 30-year-old playground equipment and install a new ADA Compliant equipment of substantially the same size and capacity. Section 15304(a) exempts grading on land with a slope of less than 10 percent from environmental review. The project also proposes to grade and restore an existing bioretention basin to meet current stormwater standards and install a new earthen swale to connect to the bioretention basin. The property has a slope of less than 10 percent. In addition, none of the exceptions listed in Section 15300.2 exist for the proposed 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 Western State Builders, Inc., in the amount of $560,543 plus 15 percent contingency of $84,081 for a total construction contract not-to-exceed amount of $644,624 for the construction of the Scott Valley Park Equipment Replacement Project (CP24A); 2) Adopt City Council Resolution No. 2024-117 titled, “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2024-2025 Budget” to appropriate $728,325 to the Scott Docusign Envelope ID: E00779DA-23C1-4DC3-8C57-DFFF5900D3DC
10/16/2024 Regular Meeting
10/16/2024 Regular Meeting Page 4 Mtg. #2024-____, Bk#40, Page __
Valley Park Equipment Replacement Project (CP24A); and 3) Authorize the City Manager, or designee, to accept and administer state funding from the State Per Capita grant program and Heavily Urbanized grant program. 8E. Authorization to enter into a Professional Services Agreement with MWH Constructors, Inc. (MWH) to provide As-Needed Wastewater Construction Management and Inspection (CM&I) Services for various Task Orders.
Contact Person: Senior Engineer Nutter
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(b) of the CEQA Guidelines, which exempts the minor alteration, restoration, and rehabilitation of existing public utility facilities.
Recommended Action: Authorize the City Manager, or designee, in consultation with the City Attorney, to execute an agreement with MWH Constructors, Inc. for professional services in substantial form, in the amount of $200,000 for FY 2024-25, with options to extend upon mutual consent, for two (2) additional one (1)-year terms in an amount not to exceed $200,000 per year for a not-to-exceed three (3) year term and for a total agreement cost not to exceed $600,000.
8F. Youth Commission Work Plan Outcomes for Fiscal Year 2023-24 and Proposed Work Plan for Fiscal Year 2024-25. Contact Person: Recreation Supervisor Camarena
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) Receive final outcomes for the Fiscal Year 2023-24 Youth Commission Work Plan; and 2) Approve the proposed Fiscal Year 2024-25 Youth Commission Work Plan.
8H. Amendment 21 to the Agreement with Tyler Technologies, Inc. for the purchase of Fire Prevention Mobile. Contact Person: IT Applications Supervisor Van Pelt
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.
Docusign Envelope ID: E00779DA-23C1-4DC3-8C57-DFFF5900D3DC
10/16/2024 Regular Meeting
10/16/2024 Regular Meeting Page 5 Mtg. #2024-____, Bk#40, Page __
Recommended Action: Authorize the City Manager to execute Amendment 21, in substantial form, in consultation with the City Attorney, to amend the agreement with Tyler Technologies, Inc. for Fire Prevention Mobile in an amount not to exceed $25,693 in FY 2024-25. 8I. Budget transfer for the funding commitment of a $400,000 loan to the Fox Point Farms project for the affordable housing units that secured tax credit financing from the California Tax Credit Allocation Committee on May 15, 2024. 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 defined as a “project” under 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.
Recommended Action: 1) Adopt Resolution No. 2024-120, titled “A Resolution of the City Council of the City of Encinitas, Amending the Fiscal Year 2024-25 Budget” appropriating $400,000 from the Affordable Housing Acquisition Work Project Budget (WC18C) for a loan to the Fox Point Farms project; and 2) Authorize the City Manager, or designee, in consultation with the City Attorney, to execute the applicable loan documents and agreements, in substantial form.
8J. Amendment No. 1 to Agreement for Professional Consultant Services between the City of Encinitas and Fehr & Peers to add $23,550 for additional outreach services and project coordination. Contact Person:
Mobility Manager Buck
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, in coordination with the City Attorney, to execute Amendment No. 1 to the Agreement with Fehr & Peers, in substantial form, to add $23,550 of capacity to the professional consultant agreement for a new not-to-exceed contract amount of $123,413, and to extend the term of Agreement by three (3) months to March 31, 2025.
Docusign Envelope ID: E00779DA-23C1-4DC3-8C57-DFFF5900D3DC
10/16/2024 Regular Meeting
10/16/2024 Regular Meeting Page 6 Mtg. #2024-____, Bk#40, Page __
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8G. Consideration of Revised FY 2024-25 Pavement Rehabilitation Project (CS25A) Street List and CalRecycle Grant Ratification. Contact Person:
Engineer I Suleiman
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: 1) Approve revised street list for the FY 2024-25 Pavement Rehabilitation Project (CS25A); 2) Ratify the grant application to the CalRecycle Cycle 17 (TRP17) FY 2024-25 Rubberized Pavement Grant Program for the FY 2024-25 Annual Pavement Rehabilitation (CS25A) Project; 3) Adopt Resolution No. 2024-113 titled, “A Resolution of the City Council of the City of Encinitas, California, Authorizing Submittal of Individual Grant Applications and Related Authorizations for all Department of Resources Recycling and Recovery Grant Programs” to facilitate the submittal of grant applications, securing of grant funds, and carrying out the objectives specified in grant applications and grant agreements with the California Department of Resources Recycling and Recovery (CalRecycle); and 4) Authorize the City Manager, or designee, to accept and administer funding from the CalRecycle Cycle 17 (TRP17) FY 2024-25 Rubberized Pavement Grant Program for the FY 2024-25 Annual Pavement Rehabilitation (CS25A) Project.
SPEAKERS:
Scott Campbell and Kristine Schindler spoke regarding this item.
Engineer I Suleiman responded to questions from the Council.
COUNCIL ACTION:
Kranz moved, Lyndes seconded to: 1) approve revised street list for the FY 2024-25 Pavement Rehabilitation Project (CS25A); 2) ratify the grant application to the CalRecycle Cycle 17 (TRP17) FY 2024-25 Rubberized Pavement Grant Program for the FY 2024-25 Annual Pavement Rehabilitation (CS25A) Project; 3) adopt Resolution No. 2024-113 titled, “A Resolution of the City Council of the City of Encinitas, California, Authorizing Submittal of Individual Grant Applications and Related Authorizations for all Department of Resources Recycling and Recovery Grant Programs” to facilitate the submittal of grant applications, securing of grant funds, and carrying out the objectives specified in grant applications and grant agreements with the California Department of Resources Recycling and Recovery (CalRecycle); and 4) Authorize the City Manager, or designee, to accept and administer funding from the CalRecycle Cycle Docusign Envelope ID: E00779DA-23C1-4DC3-8C57-DFFF5900D3DC
10/16/2024 Regular Meeting
10/16/2024 Regular Meeting Page 7 Mtg. #2024-____, Bk#40, Page __
17 (TRP17) FY 2024-25 Rubberized Pavement Grant Program for the FY 2024-25 Annual Pavement Rehabilitation (CS25A) Project. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays:
None. Absent: None. 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. City Council Consideration of Resolutions Relating to the Transboundary Sewage Flows Requiring Immediate Action. Contact Person: Assistant to the City Manager Yum
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 Resolution 2024-118, titled “A Resolution of the City Council of the City of Encinitas, California, Requiring Immediate Action from SANDAG to Establish a Long-Term Environmental Mitigation Fund from the Otay Mesa East Port of Entry to Specifically Mitigate Pollution Impacts from Transboundary Sewage Flows from the Tijuana River Valley”; and 2) Adopt Resolution 2024-121, titled “A Resolution of the City Council of the City of Encinitas, California, Funding the Purchase of Air Purifiers for South Bay Coastal Communities.”
This item was removed from the agenda by staff.
10B. Replace select benches on South Coast Highway 101. 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 15061(b)(3) of CEQA Guidelines, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. In addition, this action is exempt under Section 15301 of the Guidelines as a minor alteration of existing facilities involving negligible or no expansion of use.
Docusign Envelope ID: E00779DA-23C1-4DC3-8C57-DFFF5900D3DC
10/16/2024 Regular Meeting
10/16/2024 Regular Meeting Page 8 Mtg. #2024-____, Bk#40, Page __
Recommended Action: Authorize the removal of three (3) concrete benches on South Coast Highway 101 in Downtown Encinitas and replacement with hardscape, landscape, and bike racks.
Senior Management Analyst Elmore presented the staff report and responded to questions from the Council.
SPEAKERS:
Kristine Schindler, Jim O’Hara, and Clayton Prager spoke regarding this item.
COUNCIL ACTION:
Hinze moved, Kranz seconded to: 1) authorize the removal of three (3) concrete benches on South Coast Highway 101 in Downtown Encinitas and replacement with hardscape, landscape, and the addition of bike racks placed incrementally; and 2) direct staff to continue to evaluate the use of the space and to report back to the City Council in 3-6 months. Motion Carried. Ayes: Blackwell, Hinze, Kranz, and Lyndes. Nays: Ehlers. Absent: None. Abstain: None.
11. INFORMATIONAL ITEMS
11A. Rail Projects Update. Contact Person: Director of Engineering Bankston Recommended Action: Receive the oral report.
Director of Engineering Bankston, and Robert Williams from RailPros presented the report and responded to questions from the Council.
SPEAKERS:
Russell Levan, Jim O’Hara, Carol Heil, and Kathleen Lees spoke regarding this item.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
12A. Council-initiated item from Deputy Mayor Allison Blackwell & Councilmember Joy Lyndes regarding the City of Encinitas’ application for designation as a California Cultural District, as administered by the California Arts Council (CAC).
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.
Docusign Envelope ID: E00779DA-23C1-4DC3-8C57-DFFF5900D3DC
10/16/2024 Regular Meeting
10/16/2024 Regular Meeting Page 9 Mtg. #2024-____, Bk#40, Page __
Recommended Action: Direct staff to prepare letter to the CAC asking that the City of Encinitas be added to the prospective list of California Cultural District designation applicants. Determine the boundaries of the Cultural District in Encinitas and the district’s name.
Deputy Mayor Blackwell presented the staff report.
SPEAKER:
Maria Ardantz spoke regarding this item.
COUNCIL ACTION:
Kranz moved, Hinze seconded to: 1) direct staff to prepare letter to the CAC asking that the City of Encinitas be added to the prospective list of California Cultural District designation applicants as the “Encinitas Cultural District;” 2) approve naming the district the Encinitas Cultural District; and 3) approve the Encinitas Cultural District boundaries as follows: extend from the Cardiff Reef to La Costa Avenue, with a western boundary of the Pacific Ocean and an eastern boundary being the I-5 freeway. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None. Abstain: None.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF.
Mayor Kranz reported on attending a SANDAG meeting.
14. CITY MANAGER REPORTS
City Manager Antil reported that the 2024 Encinitas Holiday Parade presented by Online Builders will be held on Saturday, December 7, 2024, at 5:30 p.m.
15. CITY ATTORNEY REPORTS
No City Attorney Report was given.
No City Clerk Report was given.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 8:50 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers, Deputy
City Clerk
Docusign Envelope ID: E00779DA-23C1-4DC3-8C57-DFFF5900D3DC