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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
DECEMBER 13, 2023, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Kranz called the meeting to order at 6:01 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, Deputy City Manager
Sapa’u, Director of Engineering Bankston, Development Services
Director Kusiak, Sheriff’s Captain Lawrence, City Traffic Engineer
Bandegan, 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 of Proclamation to Trish Dugger as Poet Laureate
Mayor Kranz presented the proclamation to the family of Trish Dugger
recognizing her as City of Encinitas, Poet Laureate.
4B. Presentation of Quarterly Sheriff’s Update
Sheriff’s Captain Lawrence presented the Quarterly Sheriff’s Update and
responded to questions from the Council.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Jeryl Anne Kessler spoke regarding the Staver project on Melba Road.
Chris Fredrick spoke regarding the upcoming Switchfoot Bro-Am.
Michael George spoke regarding conditions at Oakcrest park.
Ed Weber spoke regarding the landscaping at Orpheus Park.
Raul Villamar spoke regarding parking downtown.
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Scott Campbell spoke regarding L-7 alternatives.
Natalie Setton spoke regarding public records requests.
Peggy Walker spoke regarding marijuana storefronts in Encinitas.
Sheila Cameron spoke regarding various topics.
6. REPORT FROM CLOSED SESSION
No Closed Session Meeting was held.
7. CHANGES TO THE AGENDA
City Clerk Hollywood announced that there were no changes to the posted agenda.
8. CONSENT CALENDAR
City Clerk Hollywood announced that Consent Calendar Items 8F, 8G,8L, and 8M
were pulled from the Consent Calendar by members of the public.
Council Member Ehlers pulled Item 8O from the Consent Calendar.
COUNCIL ACTION:
Lyndes moved, Hinze seconded to close and adopt the Consent Calendar
with the exception of Items 8F, 8G, 8L, 8M, and 8O. Motion Carried. Ayes:
Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent: Hinze.
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 November 08, 2023, Regular Meeting;
November 15, 2023, Special Joint Session Meeting with the Infrastructure
Task Force; and November 15, 2023, 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. Consideration of Proposed Changes to the 2024 calendar year City Council
Meeting Schedule. 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: Approve the proposed changes to the 2024
calendar year City Council Meeting Schedule and adopt City Council
Resolution 2023-119, titled “A Resolution of the City Council of the City of
Encinitas, California, Approving Changes to the Calendar Year 2024 City
Council Meeting Schedule.”
8E. Adoption of City Council Ordinance No. 2023-11 reflecting revisions to
Encinitas Municipal Code (EMC) Chapters, 12.16, 12.20 and 2.28. Contact
Person: Senior Human Resources Analyst Chase
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: Staff recommends that City Council adopt
Ordinance No. 2023-11, titled “An Ordinance of the City Council of the City
of Encinitas, California, Amending Chapters 12.16, 12.20 and 2.28 of the
Encinitas Municipal Code.”
8H. Approval of off-cycle budget adjustment for Housing Choice Voucher (HCV)
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
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: Approve City Council Resolution No. 2023-137,
titled, “A Resolution of the City Council of the City of Encinitas, California,
Amending the Fiscal Year 2023-24 Budget” for the Housing Choice Voucher
(HCV) (previously known as Section 8) Program.
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8I. Acceptance of the South Coast Highway 101 Cycle Track Phase II Project
(CS22C). Contact Person: Engineer II Barr
Environmental Considerations: The actions 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.
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 filing of the Notice of Completion
for the subject project; 2) Authorize the release of the payment bond in full
upon the recording of the Notice of Completion; 3) Authorize the release of
the performance bond in full one (1) year after the recording of the Notices
of Completion; and 4) Adopt City Council Resolution No. 2023-133, titled “A
Resolution of the City Council of the City of Encinitas, California, Accepting
the South Coast Highway 101 Cycle Track Phase II Project (CS22C).”
8J. Stormwater Program Implementation Professional Services Agreement.
Contact Person: Environmental Programs Manager Steenblock
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
consultation with the City Attorney and in substantial form, to execute a
three-year agreement between the City of Encinitas and WSP USA
Environment and Infrastructure, Inc., to provide technical support services
for the City’s Stormwater Management Program, for a total not-to-exceed
contract amount of $238,588.
8K. Approve as-needed environmental services agreements for discretionary
planning projects. Contact Person: Senior Planner Danna
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” under 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: Authorize the City Manager, in consultation with
the City Attorney, to execute agreements in substantial form with Michael
Baker International, Inc., Recon Environmental, Inc., and Chambers Group,
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Inc. as set forth in Attachments 1-3, and any necessary amendments and
time extensions. Each agreement will be for an annual amount of $150,000
and a total agreement amount not to exceed of $675,000 over the four-and-
one-half-year period for each firm if both renewal options are exercised after
the initial two-and-one-half-year term (to align with the fiscal year).
8N. Authorization to Execute a Contract with TACenergy, LLC for Renewable
Diesel Fuel Delivery. Contact Person: Environmental Programs Manager
Steenblock
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, to
execute a contract in substantial form in consultation with the City Attorney,
between the City of Encinitas and TACenergy, LLC to provide renewable
diesel fuel delivery to the Public Works Facility (160 Calle Magdalena), Fire
Station #3 (801 Orpheus Avenue) and Fire Station #4 (2011 Village Park
Way) for one initial three-year term, and authorize the City Manager to
extend the contract for two (2) additional one-year terms for a total contract
term not to exceed five years and a not-to-exceed contract amount of
$885,570.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8F. City Council consideration for a request to extend the affordable funding
commitment deadline at 1150 Quail Gardens Drive for the Fox Point Farms
development from December 31, 2023 to December 31, 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: Extend the funding commitment for an affordable
housing loan request in an amount up to $400,000 with Chelsea Investment
Corporation, in partnership with Shea Homes, for the development of 40
affordable units from December 31, 2023, to December 31, 2024, subject
to submission of a revised affordable housing plan and the award of tax-
exempt bonds and low-income tax credits.
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SPEAKERS:
Scott Campbell, Michael George, and Ellen Burr spoke in opposition to the
recommended action.
Housing Services Manager Dacey responded to questions from the
Council.
COUNCIL ACTION:
Ehlers moved, Hinze seconded to extend the funding commitment for
an affordable housing loan request in an amount up to $400,000 with
Chelsea Investment Corporation, in partnership with Shea Homes, for
the development of 40 affordable units from December 31, 2023, to
December 31, 2024, subject to submission of a revised affordable
housing plan and the award of tax-exempt bonds and low-income tax
credits. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and
Lyndes. Nays: None. Absent: None.
8G. Amend the current budget to appropriate $300,000 to Project No. CD05E,
Storm Drain Repair, to fund repair projects; and increase the Not-to-Exceed
Amount on the Beador Construction Contract for the Moonlight Beach
Barrels and Storm Water Repairs project from $1,373,445 to $1,620,680.
Contact Person: Senior Engineer Cabrera
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 City Council Resolution No. 2023-136
titled, “A Resolution of the City Council of the City of Encinitas, California
Amending the Fiscal Year 2023-2024 Budget” to Appropriate $300,000 to
Project No. CD05E Storm Drain Repair; and 2) Increase the Not-to-Exceed
Amount on the Beador Construction Contract for the Moonlight Beach
Barrels and Storm Water Repairs project from $1,373,445 to $1,620,680.
SPEAKER:
Scott Campbell spoke regarding this item.
Senior Engineer Cabrera responded to questions from the Council.
COUNCIL ACTION:
Kranz moved, Lyndes seconded to: 1) Adopt City Council Resolution
No. 2023-136 titled, “A Resolution of the City Council of the City of
Encinitas, California Amending the Fiscal Year 2023-2024 Budget” to
Appropriate $300,000 to Project No. CD05E Storm Drain Repair; and 2)
Increase the Not-to-Exceed Amount on the Beador Construction
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Contract for the Moonlight Beach Barrels and Storm Water Repairs
project from $1,373,445 to $1,620,680. Motion Carried. Ayes:
Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent:
None.
8L. Approval of street list and authorization to advertise the FY 2023-24
Citywide Street Overlay and Slurry Seal Project (CS24A). Contact Person:
Senior Engineer Cabrera
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: 1) Approve the street list for the FY 2023-24
Citywide Street Overlay and Slurry Seal Project (CS24A); and 2) Authorize
advertisement of the FY 2023-24 Citywide Street Overlay and Slurry Seal
Project (CS24A).
SPEAKER:
Scott Campbell spoke regarding this item.
COUNCIL ACTION:
Ehlers moved, Lyndes seconded to: 1) Approve the street list for the
FY 2023-24 Citywide Street Overlay and Slurry Seal Project (CS24A);
and 2) Authorize advertisement of the FY 2023-24 Citywide Street
Overlay and Slurry Seal Project (CS24A). Motion Carried. Ayes:
Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent:
None.
8M. Year two assessment of the BCycle Bikeshare Pilot Program and
recommendation to extend the license agreement with BCycle for two
years, in accordance with the agreement terms. 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 direct or indirect physical change in the
environment.
Recommended Action: 1) Review BCycle Bikeshare Program Year Two
Assessment Report; and 2) Authorize the City Manager, in consultation with
the City Attorney, to execute an amendment to the license agreement with
BCycle to extend bikeshare service for two (2) years in substantial form.
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SPEAKER:
Scott Campbell spoke regarding this item.
Tim Pirkey, Program Manager from BCycle, responded to questions from
the Council.
COUNCIL ACTION:
Lyndes moved, Kranz seconded to authorize the City Manager, in
consultation with the City Attorney, to execute an amendment to the
license agreement with BCycle to extend bikeshare service for two (2)
years in substantial form. Motion Carried. Ayes: Blackwell, Ehlers,
Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
8O. Consider Design and Plans and Request to Advertise for the Olivenhain
Trail Enhancements Project (CP23E). Contact Person: Senior Engineer
Baldenegro
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) Approve the plans for the Olivenhain Trail
Enhancements Project; 2) Authorize the advertisement of the Olivenhain
Trail Enhancements Project for construction bids; and 3) Adopt Resolution
No. 2023-144 titled, “A Resolution of the City Council of the City of
Encinitas, Approving the Design and Plans for Construction of the
Olivenhain Trail Improvements project, pursuant to Government Code
Section 830.6.”
Engineering staff responded to questions from Council Member Ehlers.
COUNCIL ACTION:
Ehlers moved, Kranz seconded to continue this item off calendar and
hold a City sponsored meeting with the Olivenhain Town Council and
the Encinitas Trail Coalition. Motion Carried. Ayes: Blackwell, Ehlers,
Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
The Mayor called the meeting into recess at 7:59 p.m., and reconvened the meeting at
8:06 p.m.
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.
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10A. Public Hearing and Introduction of Ordinance 2023-07, an Ordinance of the
City of Encinitas, California, adding Encinitas Municipal Code Chapter 9.85
– Shopping Cart Ordinance. Contact Person: Environmental Project
Manager Steenblock
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) Open the Public Hearing; and 2) Introduce
Ordinance 2023-07, titled "An Ordinance of the City Council of the City of
Encinitas, California, adding Chapter 9.85 “Shopping Carts” to the Encinitas
Municipal Code to Require Containment of Shopping Carts on Business
Premises and Making it Unlawful to Remove a Shopping Cart Therefrom.”
Environmental Project Manager Steenblock presented the staff report.
Council Member Blackwell had nothing to disclose.
Council Member Ehlers had nothing to disclose.
Council Member Hinze had nothing to disclose.
Deputy Mayor Lyndes had nothing to disclose.
Mayor Kranz had nothing to disclose.
Environmental Project Manager Steenblock, and Sheriff’s Captain
Lawrence responded to preliminary questions from the Council.
Mayor Kranz opened the Public Hearing at 8:25 p.m.
SPEAKER:
Natalie Settoon spoke in support of the recommended action.
Mayor Kranz closed the Public Hearing at 8:27 p.m.
Staff responded to questions from the City Council.
COUNCIL ACTION:
Hinze moved, Ehlers seconded to introduce Ordinance 2023-07, titled
"An Ordinance of the City Council of the City of Encinitas, California,
adding Chapter 9.85 “Shopping Carts” to the Encinitas Municipal
Code to Require Containment of Shopping Carts on Business
Premises and Making it Unlawful to Remove a Shopping Cart
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Therefrom.” Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz,
and Lyndes. Nays: None. Absent: None.
10B. Discussion and selection of the Deputy Mayor. 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: Council to select one of its members as Deputy
Mayor.
SPEAKER:
Natalie Setton spoke in support of the appointment of Council Member
Ehlers to Deputy Mayor.
COUNCIL ACTION:
Kranz moved, Hinze seconded to appoint Council Member Blackwell
as Deputy Mayor. Motion Carried. Ayes: Blackwell, Hinze, Kranz, and
Lyndes. Nays: Ehlers. Absent: None.
10C. Legislative Policy and Priorities (C024) Review and Discussion for potential
updates for the 2024 Legislative Season. Contact Person: Assistant City
Manager Campbell
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: Review and discuss the Legislative Program and
provide direction to staff for changes to the draft 2024 policy or priorities.
Assistant City Manager Campbell presented the staff report and responded
to questions from the Council.
SPEAKERS:
Scott Campbell and Natalie Settoon spoke regarding this item.
COUNCIL ACTION:
Lyndes moved, Blackwell seconded to approve the updates the 2024
Legislative Program as presented by staff and with additional edits by
Council as contained in Attachment A to these minutes. Motion
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Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays:
None. Absent: None.
10D. Design and Plans for Safety Enhancement Projects for Bicycle Facilities.
Contact Person: City Traffic Engineer Bandegan
Environmental Considerations: It has been determined that 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,
involving negligible or no expansion of the existing use. Maintenance,
striping, and repair are proposed on an existing public street and does not
create additional automobile lanes. The proposed project meets the criteria
for this exemption.
Recommended Action: 1) Approve the plans for safety enhancement
projects for bicycle facilities; and 2) Adopt Resolution No. 2023-142, titled,
“A Resolution of the City Council of the City of Encinitas, California,
Approving the Design and Plans for Safety Enhancement Projects for
Bicycle Facilities, Pursuant to Government Code Section 830.6.”
City Traffic Engineer Bandegan presented the staff report and responded
to questions from the Council.
SPEAKER:
Brian Blair spoke in support of the recommended action.
There was City Council consensus to continue this item to a future
meeting date.
11. INFORMATIONAL ITEMS
11A. Mobility Update. Contact Person: Mobility Manager Buck
Recommended Action: Receive the oral report.
Mobility Manager Buck presented the oral report and responded to
questions from the Council.
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
Council Member Ehlers reported on an Encina Wastewater Authority meeting.
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Council Member Hinze reported on the recruitment process for the North County
Transit District Executive Director.
Mayor Kranz reported on a SANDAG Board meeting and a San Elijo Joint Powers
Authority meeting.
14. CITY MANAGER REPORTS
No City Manager report was given.
15. CITY ATTORNEY REPORTS
No City Attorney report was given.
City Clerk Hollywood reported on the annual recruitment process for scheduled
vacancies on City Boards and Commissions.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 10:12 p.m.
_________________________ ____________________________
Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers
Deputy City Clerk
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CITY OF ENCINITAS
CITY COUNCIL
POLICY
ADMINISTRATIVE MANUAL
Policy Title: City Council Legislative Program Section: City Council
Responsible Department: City Manager’s Office Number: C024
Approved By: City Council Date Approved: 09/10/08
Last Update: 12/13/2023
Philosophy
Positions are taken to express support or opposition to matters of concern to the City of Encinitas, including
local issues and proposed local, state, and federal legislation. By establishing these guidelines and policies,
staff has an understanding of which items most closely align with the vision of the City.
Method
A.Once each quarter during each legislative season, staff will present Council with a list of proposed
legislation with recommendations to support or oppose each bill in accordance with the Legislative
Policy Priorities. This will allow staff the ability to obtain an appropriate signature as outlined below
in sections 2d, 2e, and 2f and submit positions throughout the legislative season in a timely manner
and reduce staff time in generating staff reports to council for each action taken for pre -approved
positions.
B.Councilmembers shall have the ability to request a position be taken by the City for proposed
legislation not on the original Council approved list, by a Council initiated item placed on a City
Council Meeting Agenda.
C.For proposed legislation not on the list approved by the Council per section 2a of this policy, City
staff shall be authorized to prepare position letters for the Mayor’s signature and place the
correspondence on Council’s consent agenda for potential comment prior to being sent.
D.For legislative action or signature requests within the scope of the Council’s legislative priorities that
are time-sensitive and there is insufficient time to be placed on a City Council meeting agenda in
advance, the Mayor is authorized to sign on behalf of the Council. Copies of these letters will be
included in the Council consent agenda for potential comment by Council members, albeit after- the-
fact.
E.Should availability be an issue, the Deputy Mayor shall be authorized to sign position letters in lieu
of the Mayor.
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F. If neither the Mayor nor Deputy Mayor is available, the most senior member of Council in succession
is authorized to sign the position letter.
G. The City’s government relations firm may also be authorized to express the City’s position in person
to legislative representatives.
H. All members of City Council shall receive copies of sent position letters, a copy will be sent to the
City’s government relations firm, and a copy will be kept on file.
I. All members of City Council shall receive copies of the list of legislative bills that have been
forwarded to staff by the City’s government relations firm.
J. For a formal City position on proposed legislation that may not be addressed in the City’s Legislative
Priorities, City Administrative Policy Number C003 titled “policies and Protocols for City Council
Meetings” provides the procedure for such requests.
K. The City Manager may use the City’s Legislative and Policy Program as guidance to put an issue
on the City Council agenda.
Legislative Policy Priorities
The Legislative Program will be brought before Council for review, discussion and future direction on an
annual basis. For the current legislative priorities, see Attachment A.
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Attachment A
2024 Legislative Policy Priorities
Purpose
To establish city priorities that allow city staff the flexibility to track proposed legislation and pursue
opportunities that support the well-being of the city and its residents, and to oppose proposed actions that
are in opposition to the vision of the city. Staff can identify and inform council of local, state and federal
action that could provide opportunities to realize goals, or that may create hardship for the city. The
priorities listed below provide the focused parameters that staff will follow when tracking legislation or
other potential council or city action.
An underlying element of the Policy and Priorities is the City’s commitment to diversity and inclusion
which is part of our culture. We are a welcoming City and believe that we are stronger together and when
everyone is included.
Priorities
The primary priority areas include:
• Protect funding for vital community services
• Protect local control
• Promote affordable housing opportunities at all income levels
• Support tenant protections
• Support solutions for those who are unhoused
• Support environmentally sustainable cities
• Community Choice Aggregation (CCA)
• Expand infrastructure investment
• Support public safety
• Support public health
• Support coastal protection and enhancement
• Promote a just, equitable, and inclusive community
• Support parks and open space
• Support active transportation
More specific City interests in the categories above include:
PROTECT FUNDING FOR VITAL COMMUNITY SERVICES
• Support reimbursement to cities for all state and federal mandates
• Support enhanced local government revenue resources
• Oppose state budget cuts targeting critical local programs and service
• Support Enhanced Community Development Block Grant and other federal funding
• Support affordable housing opportunities for all income levels
• Support funding for homeless services, outreach, prevention, and assistance
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PROTECT LOCAL CONTROL
• Support state legislation that creates funding and provides resources for local municipalities for
compliance with state mandates
• Support legislation that would provide or expand the ability of a local authority to impose and
collect fees
• Support legislation that supports funding for housing affordability such as workforce housing,
and keeps land use decisions local
• Support legislation that promotes local land use decisions which achieve these goals: adds
affordable housing, expands community diversity and reduces the cities’ carbon footprint”
• Protect local control of land use decision-making and oppose legislation that would hinder or
threaten local control
• Seek opportunities to regain local control on state-imposed density bonus law
PROMOTE AFFORDABLE HOUSING OPPORTUNITIES AT ALL INCOME LEVELS
• Support legislation providing funding to build or support affordable housing at all income levels
and aging in place
• Oppose legislation that promotes housing construction not containing an affordable
component
• Support legislation providing gap finance funding for low-income housing support
• Support programs and funding for housing opportunities for those who are unhoused
SUPPORT TENANT PROTECTIONS
• Support legislation for tenant protection and anti-displacement measures
• Support legislation that strengthens tenant rights and the prohibition of landlords from evicting
tenants without proper cause
• Support legislation which gives mobile home park tenants more stability through support for
mobile home park tenant land ownership programs
SUPPORT SOLUTIONS FOR THOSE WHO ARE UNHOUSED
• Funding for local and regional supportive services
• Funding for local and regional transitional housing opportunities
• Funding for training and development
SUPPORT ENVIRONMENTALLY SUSTAINABLE CITIES
• Support all efforts to reverse the climate changing effects caused by human activity, including
in the transportation, energy, building, and waste management sectors
• Support legislation protecting, enhancing, and updating existing water supply and water
facilities, and facilitating development of new future water sources in Southern California
• Support initiatives that support water reuse programs and facilities
• Support legislation providing funding for the acquisition and restoration of wildlife habitat,
bluffs, and lagoons
• Support legislation that incentivizes carbon sequestration
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• Support legislation that expands, promotes, and/or incentivizes water conservation practices
and programs
• Support legislation that facilitates and/or promotes the expanded use of local water resources
including recycled water, graywater, and rainwater harvesting
• Support legislation that promotes the development of potable water reuse
• Support incentives for utilizing renewable energy resources
• Support legislation for local small businesses that get displaced by landlords excessively raising rents
COMMUNITY CHOICE AGGREGATION (CCA)
• Support the ability of local governments to implement Community Choice Aggregation for the
purchase of electricity and oppose legislation that would place new burdens and requirements on
the establishment of CCAs and/or procurement activities of CCAs
• Support legislation that expands the use of solar energy systems on residential and commercial
properties
• Support initiatives that balance equity while promoting rooftop solar, energy storage, EV
charging stations, and energy equity
• Support legislation that supports CCA program autonomy in policymaking and decision-making.
• Oppose legislation that unfairly discriminates against CCA programs or CCA customers or
reduces CCA policymaking or decision-making autonomy
• Support legislation that streamlines, funds, and supports the undergrounding of utilities
EXPAND INFRASTRUCTURE INVESTMENT
• Support equitable long-range, statewide infrastructure investment
• Support state/federal facilitation of timely construction of local transportation projects
• Support local rail infrastructure investment, including the creation of a corridor-wide quiet zone
and safe pedestrian crossings
• Support opportunities of state funding/cost sharing opportunities for state beaches in Encinitas,
including Beacon’s Beach
SUPPORT PUBLIC SAFETY
• Support funding bills for local law enforcement equipment, services, or personnel
• Support funding bills for local emergency operations including equipment, services, and
personnel
• Oppose bills that restrict local control of law enforcement
• Oppose bills that relax gun control or gun violence restrictions
• Support bills that restrict access to firearms and ammunition
• Support legislation protecting local discretion regarding building and fire code standards
• Support legislation that provides funding to enhance wildfire mitigation and emergency response
efforts
• Oppose legislation and administrative action that would change or eliminate inverse
condemnation and make utilities not liable for fires caused by their equipment with
consideration of the conduct of the utility in the design, operation and maintenance of its assets,
and with consideration of factors outside of the control of the utility such as extreme climate
• Support legislation and administrative action that requires utilities to work cooperatively with
local government to plan for reducing wildfire risks
• Support legislation that would sustain or enhance federal homeland security grants
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• Support legislation that would encourage community safety and provide funding for Homeland
Security measures
• Support legislation that would require communicating with city officials regarding threats to
local safety, as threats occur
• Support legislation to enhance ebike and road safety
SUPPORT PUBLIC HEALTH
• Support legislation that ensures local discretion in the adoption and implementation of health
and safety standards contained in the building and fire codes
• Support legislation protecting women’s and public health
• Support funding of programs and activities that support public health
• Support legislation that promotes cannabis safety and enforcement measures
SUPPORT COASTAL PROTECTION AND ENHANCEMENT
• Support legislation providing funding and other means for beach replenishment
• Support funding mechanisms to provide funding for any additionally mandated storm water
pollution prevention measures
• Support ecosystem enhancing legislation
• Support regional and statewide sea level rise initiatives
• Oppose oil drilling, offshore and on land
PROMOTE A JUST, EQUITABLE, AND INCLUSIVE COMMUNITY
• Support legislation and efforts that remove barriers and promotes access to the full enjoyment of
society by all people regardless of sexual identity, sexual orientation, race, ethnicity, age, and
differently-abled people
• Support funding and programs for support of the LGBTQ+ community to enhance
participation in society
• Support legislation that promotes and advances gender equity
• Support efforts to reduce violence in residents’ lives and to promote full electoral participation
• Support legislation that promotes equitable access to opportunities and investment for
historically marginalized communities
SUPPORT PARKS AND OPEN SPACE
• Support legislation that supports the acquisition, development, expansion, and maintenance of
parks and open space
• Support State, County, and Federal funding for park development, infrastructure, and
maintenance
• Support Encinitas trails and trail development
• Support policies, legislation and funding that promotes equal treatment and protects the
fundamental liberties of all families
SUPPORT ACTIVE TRANSPORTATION
• Support legislation that makes our roadways safer for drivers, pedestrians and cyclists
• Support legislation for enhanced regulations and education for ebike riders
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• Support legislation that automates enforcement for speeding and red-light violators
• Support legislation that clearly defines guidelines and design standards for active transportation
infrastructure
• Support legislation for grant funding of active transportation enhancement projects
• Support legislation that strengthens mode shift, multi-modal access and safety and ebike safety
• Support legislation that focuses on mobility mode shift and micro-mobility to reconfigure streets
around people vs cars
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