2021-06-23 Regular Meeting MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
JUNE 23, 2021, 6:00 P.M., 505 SOUTH VULCAN AVENUE
This meeting was conducted utilizing teleconferencing and electronic means consistent
with State of California Executive Orders.
1. CALL TO ORDER
Mayor Blakespear called the meeting to order at 6:11 P.M.
2. ROLL CALL
Present: Mayor Catherine S. Blakespear, Deputy Mayor Tony Kranz, Council
Members Kellie Shay Hinze, Joy Lyndes, and Joe Mosca
Absent: None
Also present: City Manager Antil, City Attorney Devaney, Parks, Recreation and
Cultural Arts Director Campbell, Finance Director McBroome,
Principal Planner Gates, City Clerk Hollywood and Deputy City Clerk
Bingham
There being a quorum present, the meeting was in order.
3. PLEDGE OF ALLEGIANCE
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS,
4A. Presentation of Proclamation Declaring the Month of July Parks and
Recreation Month
Mayor Blakespear presented the proclamation to Parks, Recreation and
Cultural Arts Director Campbell.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
JerylAnne Kessler spoke regarding the proposed development on Melba Drive.
Joan Wapner spoke regarding senior dances at the Community Center.
Barbara Gordon, Mark Wilcox, Wendy Benson, Nancy Perry-Sheridan and
Katrina Preece spoke regarding impacts of marijuana storefronts on the
community, marijuana use among teens and product advertising for marijuana
products.
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Cindy Cremona spoke regarding the City's Equity Committee and about SB9 and
SB10.
Kristine Schindler thanked staff for their continued work regarding bike paths in
the city.
6. REPORT FROM CLOSED SESSION
No Closed Session meeting was held.
7. CHANGES TO THE AGENDA
There were no changes to the posted agenda.
8. CONSENT CALENDAR
City Clerk Hollywood announced that Consent Calendar Agenda Item 80 had
been removed by the public.
COUNCIL ACTION:
Mosca moved, Kranz seconded to close and adopt the amended Consent
Calendar. Motion. carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, M.osca.
Nays: None.
8A. Approval of the Minutes of the June 9, 2021 Special Meeting, and the
June 9, 2021 Regular Meeting. Contact Person: City Clerk Hollywood
Recommended Action: Approve the Minutes.
8B. Approval of the Warrants List. Contact Person: Finance Manager
Sanderson
Recommended Action:Approve the Warrants.
8C. Resolution accepting a report for state-mandated annual fire inspections in
compliance with SIB 1205.-Contact Person: Fire Marshal Schmidt
Recommended Action: Adopt Resolution 2021-69, accepting a report on
the status of all state-mandated annual fire inspections in the City of
Encinitas in conjunction with SIB 1205 and California Health and Safety
Code Section 13146.4.
8D. Award of Urban Forestry Consulting Arborist Services Contract. Contact
Person: Superintendent Ugrob
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Recommended Action: City Council authorizes the City Manager or
designee, in consultation with the City Attorney, to execute a contract in
substantial form as contained in Attachment 1 of the agenda report for city
arborist services between the City of Encinitas and Dudek for an amount
not to exceed $853,904 if all options to extend are exercised.
8E. Reauthorization of the Opening Doors Program for FY 2021-22. Contact
Person: Principal Planner Gates
Recommended Action: 1) Review the fifth year (FY 2020-21) results to
date of the Opening Doors Program; and 2) Authorize the City Manager to
execute a Memorandum of Understanding with the Community Resource
Center (CRC), in an amount not to exceed $118,700 for implementation of
the sixth year of the Opening Doors Program in the City of Encinitas in
substantial form, subject to the review and approval of the City Attorney.
8F. Adoption of Ordinance 2021-07, repealing Ordinance 2020-09 (Density
Bonus Amendments) and reinstating zoning code language existing prior
to adoption of Ordinance 2020-09. Contact Person: Principal Planner
Gates
Recommended Action: 1) Adopt Ordinance 2021-07 titled "An Ordinance
of the City Council of the City of Encinitas, California, Repealing
Ordinance 2020-09 Relating to Density Bonus in Its Entirety and
Reinstating Zoning Code Language Existing Prior to Adoption of
Ordinance 2020-09"; and 2) Adopt Resolution 2021-66 titled, "A
Resolution of the City Council of the City of Encinitas Repealing
Resolution 2020-112 In Its Entirety".
8G. Adoption of City Council Ordinance 2021-08, repealing Ordinance 2020-
16 (Group Home Permit Ordinance) and reinstating language in Titles 2, 9
and 30 of the Encinitas Municipal Code, and provisions of the Downtown
Encinitas, North 101 Corridor, Encinitas Ranch, and Cardiff-by-the-Sea
Specific Plans existing prior to adoption of Ordinance 2020-16. Contact
Person: Principal Planner Gates
Recommended Action: Adopt Ordinance 2021-08 titled "An Ordinance of
the City Council of the City of Encinitas, California, Repealing Ordinance
2020-16 in its Entirety and Reinstating Language in Titles 2, 9 and 30 of
the Encinitas Municipal Code, and Provisions of the Downtown Encinitas,
North 101 .Corridor, Encinitas Ranch, and Cardiff-by-the-Sea Specific
Plans Existing Prior to Adoption of Ordinance 2020-16".
8H. Amendment to. the Ground Lease Agreement between the City of
Encinitas and Habitat for Humanity. Contact Person: Principal Planner
Gates
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Recommended Action: Authorize the Mayor to execute, in substantial
form, in consultation with the City Attorney, an amendment to the Ground
Lease Agreement between the City of Encinitas and Habitat for Humanity.
81. Award of contract to Rick Engineering, for planning services, in an amount
not to exceed $589,940; and authorize the City Manager to enter into a
Professional Services Agreement for the development of the El Camino
Real Specific Plan. Contact Person: Planner IV Zornes
Recommended Action: 1) Approve the Professional Services Agreement
with Rick Engineering, in an amount not to exceed $589,940; and 2)
Authorize the City Manager to execute the agreement, including any
amendments and time extensions, in substantial form,. subject to review
and final approval by the City Attorney.
8J. Substantial Amendment #2 to the City's FY 2019-20 Annual Action Plan to
appropriate additional supplemental funding in response to the global
Coronavirus Pandemic (COVID-19). Contact . Person: Management
Analyst Piano-Jones
Recommended Action: 1) Adopt Resolution 2021-61 approving a
Substantial Amendment #2 to the FY 2019-20 Annual Action Plan, and
authorizing the City Manager, or designee;to execute all documents and
contracts consistent with the amended FY 2019-20 Action Plan, and
submission of the amended plans to the U.S. Department of Housing and
Urban Development (HUD); and 2) Adopt Resolution 2021-62, A
Resolution of the City Council of the City of Encinitas Amending the Fiscal
Year 2020-21 Budget.
8K. Award a construction contract for the North Coast Highway 101
Streetscape Pedestrian Crossing Signals project at Diana Street (CS17E)
and North Court (CS20H). Contact Person: Acting City Engineer Bankston
Recommended Action: 1) Authorize the City Manager or designee to
execute a contract in substantial form as shown in Attachment 1 of the
agenda report and any necessary amendments and time extensions, in
consultation with the City Attorney, with PAL General Engineering, Inc. in
the amount of $687,610 plus contingency ($135,967) for a total
construction project not to exceed amount of $823,577 to construct the
North Coast Highway 101 Streetscape Pedestrian Crossing Signals
project at Diana Street (CS17E) and North Court (CS20H); and 2) Adopt
City Council Resolution 2021-74 entitled "A Resolution of the City of
Encinitas City Council amending the Fiscal Year 2020-21 Budget" to
transfer funding from Leucadia Streetscape (CSO4D) into the North Court
Pedestrian Signal project (CS20H) to fully fund the construction phase.
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8L. Award a construction contract for the Pavement and Striping
Improvements on North El Camino Real from Encinitas Boulevard to
Garden View Road (CS22A)project. Contact Person: Associate Engineer
Ballesteros
Recommended Action: Authorize the City Manager or designee to
execute a contract in substantial form as shown in Attachment 1 of the
agenda report and any necessary amendments and time extensions, in
consultation with the City Attorney, with Eagle Paving Company in the
amount of $1,398,000 plus 15 percent contingency ($209,700) for a total
construction project not-to-exceed amount of $1,607,700 to construct the
Pavement and Striping Improvements on North El Camino Real from
Encinitas Boulevard to Garden View Road Project (CS22A). The contract
shall be executed after the FY 2021-22 budget is approved and only if
sufficient funding is included in the approved budget for the CS22A
project.
8M. Olivenhain Municipal Water District OMWD refund for the Green Bike
Lane Improvements on North El Camino Real from Encinitas Boulevard to
Olivenhain Road. Contact Person: Associate Engineer Ballesteros
Recommended Action: Adopt Resolution 2021-60 entitled "A Resolution
of the City Council of the City of Encinitas Amending the Fiscal Year 2020-
21 Adopted Budget" to allocate up to $480,000 from the Olivenhain
Municipal Water District (OMWD) to the FY 2021-22 Annual Pavement
Rehabilitation Overlay and Slurry Project (CS22A).
8N. Approval of FY 2021-22 and FY 2022-23 Operating Budget and FY 2021-
22_to FY 2026-27 Capital Improvement Program (CIP) and Financial Plan;
Adoption of Resolution 2019-43 Approving Appropriations for FY 2021-22;
Adoption of Resolution 2019-44, Determination of the Appropriations Limit
for FY 2021-22; and Adoption of Resolution 2019-45 Approving Position
Titles and Pay Ranges for FY 2021-22. Contact Person: Assistant Finance
Director Gallup
Recommended Action: 1) Adopt Resolution 2021-70, approving the City
of Encinitas FY 2021-22 Operating Budget and CIP appropriations; 2)
Adopt Resolution 2021-71, determining the FY 2021-22 Appropriations
Limit; and 3) Adopt Resolution 2021-72, approving Position Titles and Pay
Ranges for the City of Encinitas for FY 2021-22.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
80. Memorandum of Understandinq with the Encinitas Union School District
for a School Crossing Guard Program. Contact Person: Development
Services Director Doherty
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Recommended Action: Authorize the City Manager, in coordination with
the City Attorney, to execute a Memorandum of Understanding (MOU)
between the City of Encinitas and the Encinitas Union School District, in
substantial form, to partially fund crossing guards at multiple schools for
Fiscal Years 2020-21 and 2021-22.
No staff report was given.
SPEAKER:
Kristine Schindler spoke in support of the recommended action.
COUNCIL ACTION:
Mosca moved, Lyndes seconded to authorize the City Manager, in
coordination with the City Attorney, to execute a Memorandum of
Understanding (MOU) between the City of Encinitas and the
Encinitas Union School District, in substantial form, to partially fund
crossing guards at multiple schools for Fiscal Years 2020-21 and
2021-22. Motion carried. Ayes: Blakespear, Hinze, Kranz, Lyndes,
Mosca. Nays: None.
10. ACTION ITEMS
10A. Consideration of issuing the Encinitas Public Financing Authority (EPFA)
2021 Federally Taxable Lease Revenue Bonds Series A (Pacific View
School) for the purpose of refunding the Encinitas Public Financing
Authority 2014 Lease Revenue Bonds (Pacific View School), Series B
Taxable). Contact Person: Finance Director McBroome
Recommended Action: 1) Authorize City Staff and Financing Team to
proceed with the issuance and sale of the EPFA 2021 Federally Taxable
Lease Revenue Bonds Series A (Pacific View School); 2).Approve all the
attached legal documents (Attachments 1-5 of the agenda report) as to
form, subject only to any changes to the documents directed by the Bond
Counsel; 3) Approve the selection of Hilltop Securities Inc. as Underwriter
and approve the Bond Purchase Agreement for an estimated cost of
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$51,178; and 4) Adopt Resolution 2021-59, entitled "A Resolution of the
City Council of the City of Encinitas Authorizing Proceedings and
Agreements Relating to the Refinancing of the Acquisition of Real
Property for Public Purposes, Approving Issuance and Sale of Bonds by
the Encinitas Public Financing Authority, Approving an Official Statement
and Authorizing Official Actions.
The Staff report was presented at the Encinitas Public Financing Authority
6:00 P.M. meeting.
There were no public speakers.
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COUNCIL ACTION:
Mosca moved, Lyndes seconded to: 1) Authorize City Staff and
Financing Team to proceed with the issuance and sale of the EPFA
2021 Federally Taxable Lease Revenue Bonds Series A (Pacific View
School); 2) Approve all the attached legal documents (Attachments
1-5 of the agenda report) as to form, subject only to any changes to
the documents directed by the Bond Counsel; 3) Approve the
selection of Hilltop Securities Inc. as Underwriter and approve the
Bond Purchase Agreement for an estimated cost of $51,178; and 4)
Adopt Resolution 2021-59, entitled "A Resolution of the City Council
of the City of Encinitas Authorizing Proceedings and Agreements
Relatingto the Refinancing of the Acquisition of Real Property for
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Public Purposes, Approving Issuance and Sale of Bonds by the
Encinitas Public Financing Authority, Approving an Official
Statement and Authorizing Official Actions. Motion carried. Ayes:
Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays: None
10B. Refinancing the City of Encinitas Community Facilities District 'No. 1
(Encinitas Ranch Public Improvements) 2012 Special Tax Refunding
Bonds. Contact Persons: Finance Director McBroome / Finance Analyst
Huang
Recommended Action: 1) Authorize Staff and the financing team to
proceed with the issuance and sale of the City of Encinitas Community
Facilities District No. 1 (Encinitas Ranch Public Improvements) 2021
Taxable Special Tax Refunding Bonds; 2) Adopt Resolution 2021-64, a
Resolution authorizing the issuance of special tax refunding bonds of the
City of Encinitas for Community Facilities District No. 1 (Encinitas Ranch
Public Improvements), approving and directing the execution of a fiscal
agent agreement and approving other related documents and actions; and
3) Approve the underwriter's discount (expenditure) to Hilltop Securities
Inc. in the amount of$73,763.
Finance Director McBroome presented the staff report.
There were no public speakers.
COUNCIL ACTION:
Kranz moved, Mosca seconded to: 1) Authorize Staff and the
financing team to proceed with the issuance and sale of the City of
Encinitas Community Facilities District No. 1 (Encinitas Ranch Public
Improvements) 2021 Taxable Special Tax Refunding Bonds; 2) Adopt
Resolution 2021-64, a Resolution authorizing the issuance of special
tax refunding bonds of the City of Encinitas for Community Facilities
District No. 1 (Encinitas Ranch Public Improvements), approving and
directing the execution of a fiscal agent agreement and approving
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other related documents and actions; and 3) Approve the
underwriter's discount (expenditure) to Hilltop Securities Inc. in the
amount of $73,763. Motion carried. Ayes: Blakespear, Hinze, Kranz,
Lyndes, Mosca. Nays: None.
10C. Introduction of Ordinance 2021-02, which amends Chapter 30.41
Affordable Housing of the Encinitas Municipal Code and the Local Coastal
Plan. The draft Ordinance proposes amending the inclusionary housing
regulations to increase the inclusionary housing percentage requirements
to better address the need for affordable units for all residential'
development, provide for an in-lieu fee as an alternative method of
compliance, and adopt a new affordable housing impact fee for residential
care facilities. Contact Person: Principal Planner Gates
Recommended Action: 1) Introduce Ordinance 2021-02 titled An
Ordinance of the City of Encinitas, California, Amending Chapter 30.41
Affordable Housing of the Encinitas Municipal Code, which proposes
changes to the City's Inclusionary Housing Regulations including In-Lieu
Fee and New Affordable Housing Impact Fee Requirement" as
recommended by Planning Commission; or Introduce Ordinance 2021-02
titled "An Ordinance of the City of Encinitas, California, Amending Chapter'
30.41 Affordable Housing of the Encinitas Municipal Code, which
proposes changes to the City's Inclusionary Housing Regulations
including In-Lieu Fee and New Affordable Housing Impact Fee
Requirement" as recommended by City Staff, not inclusive of the 50
percent inclusionary requirement for properties zoned with an R-30
Overlay; 2) Consider the Planning Commission's recommendation to
conduct an additional economic feasibility study that fully captures
developer and landowner profits due to the rezoning of R-30 Overlay sites
and provide direction to staff; and 3) Provide direction to staff on the
amount of the proposed Inclusionary In-Lieu Fee and Affordable Housing
Impact Fee — Residential Care Facility.
Principal Planner Gates presented the staff report and introduced Paul
Marra with Keyser Marston Associates, Inc. (KMA) who presented the
proposes changes to the City's Inclusionary Housing Regulations
including In-Lieu Fee and New Affordable Housing Impact Fee
requirements.
SPEAKERS:
Joshua Lazerson, Bob Kent, Kim Piker and Kristine Schindler spoke.
COUNCIL ACTION:
'Introduce Ordinance 2021-02 titled "An Ordinance of the City of
Encinitas, California, Amending Chapter 30.41 Affordable Housing of
the Encinitas Municipal Code, which proposes changes to the City's
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Inclusionary Housing Regulations including In-Lieu Fee and New
Affordable Housing Impact Fee Requirement" as recommended by
City Staff, not inclusive of the 50 percent inclusionary requirement
for properties zoned with an R-30 Overlay; 2) staff to conduct an
additional economic feasibility study that fully captures developer
and landowner profits due to the rezoning of R-30 Overlay sites; 3)
Inclusionary In-Lieu Fee of $20 per-sq. ft. and Affordable Housing
Impact Fee — Residential Care Facility of $20 per sq. ft.; and 4) Staff
to evaluate other cities programs and incentives to create more
affordable housing units. Motion carried. Ayes: Blakespear; Hinze,
Kranz, Lyndes, Mosca. Nays: None.
11. INFORMATIONAL ITEMS
There were no Informational items.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
12A. Council initiated item from Deputy Mayor Kranz regarding an E-Bike
Safety Summit.
Deputy Mayor Kranz presented the initiated item and discussed general
bike safety and asked that Council consider additional steps to enhance
the safety of new a-bike users.
SPEAKER:
Kristine Schindler spoke in support-of a e-bike safety summit.
There was Council consensus to appoint a subcommittee of Deputy Mayor
Kranz and Council Member Lyndes to work with staff to develop an
agenda for a workshop/summit to be held in either August or September,
2021.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC
53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Deputy Mayor Kranz reported on an NCTD meeting.
14. CITY MANAGER REPORTS
No reports were given.
15. CITY ATTORNEY REPORTS
No reports were given.
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16. ADJOURNMENT
Mayor Blakespear adjourned the meeting at 9:14 P.M.
Kathy Hollywoo , Cit erk Catherine S. Blakespear, Mayor
By: Claudia Bingham
Deputy City Clerk
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