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2023-05-24 City5/24/2023 Regular Meeting Page 1 Mtg. #2023-____, Bk#39, Page ____ MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING MAY 24, 2023, 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 Joy Lyndes, Council Members Allison Blackwell, Bruce Ehlers, and Kellie Shay Hinze Absent: None Also present: City Manager Antil, City Attorney Preziosi, Development Services Director Sapa’u, Director of Engineering Bankston, 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. Proclamation for Gun Violence Awareness Day Mayor Kranz presented the proclamation declaring June 2, 2023, National Gun Violence Awareness Day to Nancy Hardwick and other members from Moms Demand Action. 4B. Presentation of Proclamation Declaring National Public Works Week Mayor Kranz presented the proclamation declaring May 21 to May 27, 2023, National Public Works Week to Sylvester Mabry, Director of Public Works and other members of the Public Works Department. 4C. Senior Citizen of the Year Award and Lifetime Achievement Award presented by the Senior Citizen Commission in partnership with the Encinitas Rotary Club Mayor Kranz presented the Senior Citizen of the Year Award to Susan Hays and the Lifetime Achievement Award to Danny Salzhandler. DocuSign Envelope ID: 76F25BDB-8731-4A4C-BDE7-A0DDB14881B3 5/24/2023 Regular Meeting 5/24/2023 Regular Meeting Page 2 Mtg. #2023-____, Bk#39, Page ____ 4D. John Byrom with North Coastal Prevention Coalition to present trophy to Deputy Kenneth Wells John Byrom from the North Coastal Prevention Coalition and Kelly McCormick, from San Dieguito Alliance presented the trophy to Deputy Wells for his victory at the Law Enforcement go-cart race on April 20, 2023. 5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF Greg Lefevre and Elena Thompson spoke regarding the Cardiff cycle track. Donna Westbrook spoke regarding various topics. Kelly McCormick spoke regarding start smart student driving classes. Raul Villamar spoke regarding parking downtown. Mark Miville spoke regarding various issues in the City. 6. REPORT FROM CLOSED SESSION Mayor Kranz reported that the City Council held a Closed Session at approximately 3:00 p.m., to consider one item, (City Attorney Performance Evaluation) and there was no reportable action. 7. CHANGES TO THE AGENDA There were no changes to the posted agenda. 8. CONSENT CALENDAR COUNCIL ACTION: Lyndes moved, Ehlers seconded to close and adopt the Consent Calendar. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: 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 May 10, 2023, Regular Meeting. Contact Person: City Clerk Hollywood Recommended Action: Approve the Minutes. DocuSign Envelope ID: 76F25BDB-8731-4A4C-BDE7-A0DDB14881B3 5/24/2023 Regular Meeting 5/24/2023 Regular Meeting Page 3 Mtg. #2023-____, Bk#39, Page ____ 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. Grant application for the Federal Highway Administration’s (FHWA) Charging and Fueling Infrastructure (CFI) Grant Program for a Public Electric Vehicle Charging Station Project. Contact Person: Sustainability Manager Najera Environmental Considerations: The action being considered by the City Council is not subject to the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of the CEQA Guidelines. The action authorizes staff to implement an organizational or administrative activity of government that by itself will not result in a 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 FHWA CFI Grant Program for a Public Electric Vehicle Charging Station Project. 8E. Amendment No. 3 to the Agreement with Essenco Inc. to provide catered meals for the Senior Nutrition Program. 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 to execute a one-year amendment between the City of Encinitas and Essenco, Inc., in conjunction with the City Attorney, in substantial form, to provide meals to seniors at the Encinitas Senior Center for a total contract cost not to exceed $360,325. 8F. Request to waive city fees for the Silver Age Yoga Outreach (SAYCO) Program held at the Encinitas Library Community Room and Cardiff Sports Park. 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 DocuSign Envelope ID: 76F25BDB-8731-4A4C-BDE7-A0DDB14881B3 5/24/2023 Regular Meeting 5/24/2023 Regular Meeting Page 4 Mtg. #2023-____, Bk#39, Page ____ environment. Recommended Action: 1) Approve waiving room rental and staffing fees for SAYCO to offer a one-hour senior yoga class at the Encinitas Library Community Room one day a week for a period of one year beginning July 1, 2023, and ending June 30, 2024; and 2) Approve waiving commercial use permit fees for SAYCO, for calendar years 2023 and 2024, to offer a one-hour senior yoga class at the Cardiff Sports Park Expansion area two days a week. 8G. Senior Citizen Commission Work Plan Outcomes for Fiscal Year 2022-23 and Proposed Work Plan for Fiscal Year 2023-24. Contact Person: Recreation Center Manager Goodsell 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) Receive final reported outcomes for the Fiscal Year 2022-23 Senior Citizen Commission Work Plan; and 2) Approve the proposed FY 2023-24 Senior Citizen Commission Work Plan. 8H. Memorandum of Understanding between the City of Encinitas and the San Diego Music Society to provide the Music by the Sea concert series. Contact Person: Arts Supervisor Roberts 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 San Diego Music Society (SDMS) to provide a music concert series (Music by the Sea) for the community from November 3-June 14, 2023- 2024. 8I. Approval of Encina Wastewater Authority Fiscal Year 2023/24 Operating and Capital Improvement Budgets. Contact Person: Senior Management Analyst Stratakis DocuSign Envelope ID: 76F25BDB-8731-4A4C-BDE7-A0DDB14881B3 5/24/2023 Regular Meeting 5/24/2023 Regular Meeting Page 5 Mtg. #2023-____, Bk#39, Page ____ 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 No. 2023-53 titled, “A Resolution of the City Council of the City of Encinitas Approving the Fiscal Year 2023-24 Operating and Capital Improvement Budgets of the Encina Wastewater Authority in Accordance with the Joint Powers Basic Agreement.” 8J. Recommended Projects for SB1 Funding (The Road Repair and Accountability Act of 2017) for Fiscal Year 2023-24. Contact Person: Management Analyst Brown Environmental Considerations: The action being considered by the City Council is not subject to the California Environmental Quality Act (CEQA) because it is not a “project” per Sections 15060(c)(3) and 15378(b)(5) of the CEQA guidelines. The action authorizes staff to implement an organizational or administrative activity of government that by itself will not result in a direct or indirect physical change in the environment. Recommended Action: Adopt City Council Resolution No. 2023-52 titled, “Resolution of the City Council of the City of Encinitas Adopting a List of Projects for Fiscal Year 2023-24 Funded by SB1: The Road Repair and Accountability Act of 2017.” 8K. Amendment No. 2 to Agreement with Dudek for Regulatory Permitting, Coastal Development Permit, and CEQA Consulting Services. Contact Person: Senior Management Analyst Stratakis 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 to authorize the City Manager to execute Amendment No. 2 with Dudek for Regulatory Permitting, Coastal Development Permit, and CEQA Consulting Services, in conjunction with the City Attorney in substantial form, increasing the original agreement not- to-exceed amount of $151,400 by $94,000, for a total not to exceed amount of $245,400 for an additional two-year term. DocuSign Envelope ID: 76F25BDB-8731-4A4C-BDE7-A0DDB14881B3 5/24/2023 Regular Meeting 5/24/2023 Regular Meeting Page 6 Mtg. #2023-____, Bk#39, Page ____ 9. ITEMS REMOVED FROM THE CONSENT CALENDAR No items were removed from the Consent Calendar. 10. ACTION ITEMS 10A. Public Hearing to Receive Testimony Regarding the FY 2023-24 Encinitas Landscape and Lighting District. Contact Person: Senior Management Analyst Yum Environmental Considerations: The action being considered by the City Council is not subject to the California Environmental Quality Act (CEQA) because it is not a “project” per Sections 15378(c)(3) and 15378(b)(5) of the CEQA Guidelines. The action authorizes staff to implement an organizational or administrative activity of government that by itself will not result in a direct or indirect physical change in the environment. Recommended Action: 1) Conduct a public hearing to receive testimony regarding the FY 2023-24 Encinitas Landscape and Lighting District (ELLD) Annual Engineer’s Report; and 2) Adopt City Council Resolution No. 2023- 17 titled, “Resolution of the City Council of the City of Encinitas, California Renewing the Encinitas Landscape and Lighting District (Zones A, B, C, D, E, F, G, & H), confirming the Fiscal Year 2023-24 Engineer’s Report and Ordering the Transmission of Charges to the County Auditor for Collection.” Senior Management Analyst Yum presented the staff report. COUNCIL DISCLOSURES OF ANY INFORMATION RECEIVED THAT IS NOT INCLUDED IN THE AGENDA PACKET: Council Member Blackwell had no disclosures. Council Member Ehlers had no disclosures. Council Member Hinze stated that she would be recusing herself from consideration of this item because of a conflict of interest due to an ownership interest in property located within the district and left the Council Chambers at 6:56 p.m. Deputy Mayor Lyndes had no disclosures. Mayor Kranz had no disclosures. Mayor Kranz opened the public hearing. SPEAKER: Donna Westbrook spoke in opposition to the recommended action. Mayor Kranz closed the public hearing. DocuSign Envelope ID: 76F25BDB-8731-4A4C-BDE7-A0DDB14881B3 5/24/2023 Regular Meeting 5/24/2023 Regular Meeting Page 7 Mtg. #2023-____, Bk#39, Page ____ COUNCIL ACTION: Ehlers moved, Blackwell seconded to adopt City Council Resolution No. 2023-17 titled, “Resolution of the City Council of the City of Encinitas, California Renewing the Encinitas Landscape and Lighting District (Zones A, B, C, D, E, F, G, & H), confirming the Fiscal Year 2023-24 Engineer’s Report and Ordering the Transmission of Charges to the County Auditor for Collection.” Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent: Hinze. Council Member Hinze returned to the Council Chambers at 7:02 p.m. 10B. Public Hearing and Consideration of Adopting Parks and Recreation User Fee Adjustments; and Establishing the Pass-Through of Actual Credit/Debit Card Transaction and Recreation Software Processing Fees; and annual CPI adjustments. Contact Person: Director of Parks, Recreation and Cultural Arts Karlen 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 the Parks and Recreation user fees as recommended by the Parks and Recreation Commission with the addition of cancellation fees for Recreation Programs; 2) Adopt the establishment of pass-through of actual credit card and debit card transaction processing fees and permit processing fees through the registration software, effective July 1, 2023; 3) Adopt a fee adjustment each fiscal year by the Consumer Price Index (CPI) of the San Diego Region for the prior calendar year. The CPI will adjust as needed to reflect operational changes beginning July 1, 2024, and on the first day of each July thereafter; and 4) Approve City Council Resolution No. 2023-59, titled, “A Resolution of the City Council of the City of Encinitas Amending the Parks and Recreation User Fees.” Parks and Recreation Director Karlen presented the staff report. COUNCIL DISCLOSURES OF ANY INFORMATION RECEIVED THAT IS NOT INCLUDED IN THE AGENDA PACKET: Council Member Blackwell had no disclosures. Council Member Ehlers had no disclosures. Council Member Hinze had no disclosures. Deputy Mayor Lyndes had no disclosures. DocuSign Envelope ID: 76F25BDB-8731-4A4C-BDE7-A0DDB14881B3 5/24/2023 Regular Meeting 5/24/2023 Regular Meeting Page 8 Mtg. #2023-____, Bk#39, Page ____ Mayor Kranz had no disclosures. Mayor Kranz opened the public hearing. SPEAKERS: George Hejduk, Tiana Hejduk, John Bandy, and Micah Baley spoke in opposition to the recommended action. Elena Thompson registered opposition to the recommended action but chose not to speak. Mayor Kranz closed the public hearing. COUNCIL ACTION: Lyndes moved, Ehlers seconded to continue the public hearing to a date certain of June 28, 2023, and direct staff to bring the item back with additional information based on Council discussion and comments. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None. 10C. California Department of Housing and Community Development (“HCD”) Permanent Local Housing Allocation (“PLHA”) Award in the amount of $665,494 and budget amendment to appropriate funds to the Homeless Action Plan Implementation (WC23D) work project. Contact Persons: Senior Planner Dacey and Homeless Solutions Manager Gonzales Environmental Considerations: The action being considered by the City Council is exempt from environmental review pursuant to General Rule Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines since there would be no possibility of a significant effect on the environment. In addition, the request is exempt from environmental review pursuant to CEQA Guidelines Section 15378(b)(5), which exempts organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment in that the request is an administrative activity to receive grant funding from a State entity and is not considered a “project” under CEQA. Recommended Action: 1) Receive California Department of Housing and Community Development (“HCD”) Permanent Local Housing Allocation (“PLHA”) Grant Award in the amount of $665,494; and 2) Adopt Resolution No. 2023-45, titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget,” appropriating Permanent Local Housing Allocation Grant funds to the Homeless Action Plan Implementation (WC23D) work project. Senior Planner Dacey presented the staff report. DocuSign Envelope ID: 76F25BDB-8731-4A4C-BDE7-A0DDB14881B3 5/24/2023 Regular Meeting 5/24/2023 Regular Meeting Page 9 Mtg. #2023-____, Bk#39, Page ____ SPEAKER: Elena Thompson spoke in opposition to the recommended action. COUNCIL ACTION: Kranz moved, Lyndes seconded to: 1) Receive California Department of Housing and Community Development (“HCD”) Permanent Local Housing Allocation (“PLHA”) Grant Award in the amount of $665,494; and 2) Adopt Resolution No. 2023-45, titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget,” appropriating Permanent Local Housing Allocation Grant funds to the Homeless Action Plan Implementation (WC23D) work project. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None. 10D. Summary (street) vacation and dedication of portions of public road right- of-way of California Street and 13th Street located adjacent to Lot 1 of Tract 4485 (1019 Summer Holly Lane), intersecting Rancho Santa Fe Road. Contact Person: Principal Engineer Strizic 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, which 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 City Council Resolution No. 2023-61, titled “A Resolution of the City Council of the City of Encinitas, California, Approving the Summary Vacation of Unused Portions of Public Right-of- Way of California and 13th Streets Adjacent to Lot 1 of Tract 4485, Intersecting Rancho Santa Fe Road Adjacent to 1019 Summer Holly Lane.” Principal Engineer Strizic presented the staff report. COUNCIL ACTION: Ehlers moved, Kranz seconded to adopt City Council Resolution No. 2023-61, titled “A Resolution of the City Council of the City of Encinitas, California, Approving the Summary Vacation of Unused Portions of Public Right-of-Way of California and 13th Streets Adjacent to Lot 1 of Tract 4485, Intersecting Rancho Santa Fe Road Adjacent to 1019 Summer Holly Lane.” Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None. 11. INFORMATIONAL ITEMS There were no informational items. DocuSign Envelope ID: 76F25BDB-8731-4A4C-BDE7-A0DDB14881B3 5/24/2023 Regular Meeting 5/24/2023 Regular Meeting Page 10 Mtg. #2023-____, Bk#39, Page ____ 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 There were no City Council Member reports. 14. CITY MANAGER REPORTS City Manager Antil offered the Council a tour of the South Coast 101 work being done. 15. CITY ATTORNEY REPORTS No City Attorney Report was given. 16. ADJOURNMENT Mayor Kranz adjourned the meeting at 8:23 p.m. _________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor By: Pete Weichers Deputy City Clerk DocuSign Envelope ID: 76F25BDB-8731-4A4C-BDE7-A0DDB14881B3