City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, JUNE 22, 2022 -
6:00
p.m.
City of Encinitas - City Council Chambers
505 S. Vulcan Avenue
Encinitas, California 92024
Each speaker is allowed three (3) minutes to address the City Council.
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
4A.
Presentation of Proclamation Declaring the Month of July Parks and Recreation Month 4B.
Presentation of the Environmental Award Program Winners by the Environmental Commission Subcommittee
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF (30 MINUTES) Oral Communications will be accepted as outlined above under New Public Comment Procedures. Each speaker is allowed three (3) minutes to address the City Council. Oral Communication items will be referred to the City Manager either for resolution by administrative action or placement on a future agenda.
6. REPORT FROM CLOSED SESSION (IF HELD)
7. CHANGES TO THE AGENDA Announcements of administrative changes to the agenda, in compliance with the Brown Act.
8. CONSENT CALENDAR The recommendations on the following Consent Calendar will be enacted in one motion unless an item is removed from the Calendar. Public Comments will be accepted as outlined above under New Public Comment Procedures. Each speaker is allowed three (3) minutes to address the City Council 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 Approve.
8B.
Approval of the Minutes of the June 8, 2022, Joint Special Meeting with SDWD. Contact Person: City Clerk Hollywood Approve the Minutes.
2022-06-22 Item 08B Minutes
8C.
Approval of the Warrants Lists. Contact Person: Finance Manager Dinh Staff recommends that the City Council review and approve the warrants. 2022-06-22 Item 08C Approval of Warrants List
8D.
Adoption of an Ordinance amending and adding sections to the Encinitas Municipal Code relating to Non-Serialized, Unfinished Firearm Frames or Receivers and Non-Serialized Firearms. Contact Person: Assistant City Manager Campbell Adopt Ordinance No. 2022-08, “An Ordinance of the City Council of the City of Encinitas, California Amending Chapter 9.30 Firearms to Add Sections 9.30.030 and 9.30.040 to the Encinitas Municipal Code Relating to Non-Serialized, Unfinished Firearm Frames or Receivers and Non-Serialized Firearms.” 2022-06-22 Item 08D Ghost Gun Ordinance Adoption
8E.
Memorandum of Understanding with the City of Carlsbad for Reimbursement of Pavement Rehabilitation and ADA (Americans with Disabilities Act) Curb Ramps on Olivenhain Road. Contact Person: Engineer Edgeworth 1) Authorize the City Manager, in coordination with the City Attorney, to execute a Memorandum of Understanding (MOU) between the City of Encinitas and the City of Carlsbad, in substantial form, for reimbursement from the City of Carlsbad for costs associated with pavement rehabilitation and ADA curb ramp upgrades on Olivenhain Road; and 2) Adopt Resolution No. 2022-69 titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Adopted Budget” to allocate $84,137.81 in reimbursement funds from the City of Carlsbad to the FY 2022-23 Annual Pavement Rehabilitation Overlay and Slurry Project (CS23A). 2022-06-22 Item 08E MOU with Carlsbad for Olivenhain Road Resurfacing 8F.
First Amendment to Agreement with McAlister Institute for a Full-Time Homeless Case Worker funded through the Community Development Block Grant (CDBG) Program to allocate additional funds. Contact Person: Management Analyst Piano-Jones Authorize the City Manager to execute the First Amendment to the Agreement with McAlister Institute, in an amount not to exceed $65,000, for a total of $390,000 to be expended by June 30, 2023, in substantial form, subject to review and approval of the City Attorney. 2022-06-22 Item 08F Amendment to McAlister Institute Contract- FT Caseworker 8G.
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 Stayton 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, 2022 and ending June 30, 2023; and 2) Approve waiving commercial use permit fees for SAYCO, for calendar years 2022 and 2023, to offer a one-hour senior yoga class at the Cardiff Sports Park Expansion area two days a week. 2022-06-22 Item 08G Silver Age Yoga - Waiving of Fees Agenda Report 8H.
Approval of the Local Roadway Safety Plan (LRSP). Contact Person: Traffic Engineer Bandegan Approve the Local Roadway Safety Plan.
2022-06-22 Item 08H Local Roadway Safety Plan - Attachment 01 Updated 06-20-22 8I.
Resolution accepting a report for state-mandated annual fire inspections in compliance with SB 1205. Contact Person: Fire Marshal Schmidt Adopt Resolution No. 2022-58 titled, “A Resolution of the City Council of the City of Encinitas, California Acknowledging Receipt of a Report Made by the Fire Chief of the Encinitas Fire Department Regarding the Inspection of Certain Occupancies Required to Perform Annual Inspections in Such Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.” 2022-06-22 Item 08I SB 1205 Fire Inspections
8J.
Amendment #2 to the Latitude 33 contract agreement for continued contractual support through Fiscal Year 2022-23. Contact Person: Senior Management Analyst Noel Authorize the City Manager, or designee, in consultation with the City Attorney, to execute contract Amendment #2, in substantial form, with Latitude 33 for continued services by $140,000, for a total not-to-exceed contract amount of $290,000, and to extend the terms through June 30, 2023. 2022-06-22 Item 08J Amendment to Latitude 33 Contract Agreement 8K.
Reauthorization of the Opening Doors Program for FY 2022-23. Contact Person: Housing Services Manager Gutierrez 1) Review the sixth year (FY 2021-22) 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 $138,700, for implementation of the seventh year of the Opening Doors Program in the City of Encinitas in substantial form, subject to the review and approval of the City Attorney. 2022-06-22 Item 08K Opening Doors
8L.
Contract Amendment with CJ Roberts, Inc. for Year 4 and Year 5 Consultant Services for Design and Preparation of Contract Documents for the Annual Citywide Pavement Rehabilitation Program. Contact Person: Engineer I Edgeworth Authorize the City Manager, or designee, in consultation with the City Attorney to execute Amendment No. 3, in substantial form, for Year 4 and Year 5 consultant services. Year 4 not-to-exceed amount is $216,520 plus 15 percent contingency ($32,478) for a total of $248,998; and Year 5 not-to-exceed amount is $231,855 plus 15 percent contingency ($34,778) for a total of $266,633. The new total not-to-exceed amount over the five-year contract would be $1,034,809. 2022-06-22 Item 08L Amendment No. 3 to CJ Roberts Contract for Pavement Design 8M.
Approval of Plans and Specifications, and Authorization to Advertise the B Street Sewer Main Improvements Project (CE04H). Contact Person: Engineer I Edgeworth 1) Approve the plans and specifications for the B Street Sewer Main Improvements Project; 2) Authorize the advertisement of the B Street Sewer Main Improvements Project for construction bids; and 3) Adopt Resolution No. 2022-57 titled, “A Resolution of the City Council of the City of Encinitas Approving the Design and Plans for the Construction of the B Street Sewer Main Improvements Project, pursuant to Government Code Section 830.6.” 2022-06-22 Item 08M Approve Plans Specs and Authorize Advertisement of B St Sewer Main Improv 8N.
Approve Two As-Needed Engineering Land Surveying Services Contracts. Contact Person: Senior Management Analyst Noel Authorize the City Manager to execute two contract agreements with 1) Michael Baker International and 2) Hunsaker & Associates, Inc., in substantial form, in consultation with the City Attorney, for a total not-to-exceed amount of $200,000 for each contract. 2022-06-22 Item 08N As-needed Engineering Land Surveying Services Contracts 8O.
Contract Amendment #3 with Solana Center for Environmental Innovation for Environmental Education Services for Fiscal Year 2022-23. Contact Person: Environmental Programs Manager Steenblock.
Authorize the City Manager, or designee, in consultation with the City Attorney, to execute Amendment #3 in substantial form with Solana Center for Environmental Innovation (Solana Center) to provide environmental education services, for a total contract amount not-to-exceed $119,171. 2022-06-22 Item 08O FY23 Solana Center for Environmental Innovation Contract Amendment 8P.
Contract Amendment #2 with Wood Environment and Infrastructure Solutions, Inc. (Wood) to Provide Stormwater Program Implementation Support Services. Contact Person: Environmental Programs Manager Steenblock.
Authorize the City Manager, or designee, in consultation with the City Attorney, to execute Amendment #2 with Wood Environment and Infrastructure Solutions, Inc., authorizing an additional $79,245 for a total not-to-exceed contract amount of $169,845. 2022-06-22 Item 08P Wood Environmental Stormwater Program Implementation Contract Amendment 8Q.
Parking enforcement services on Highway 101 and other locations on an as-needed basis. Contact Person: Senior Management Analyst Piatt Authorize the City Manager, or designee, to execute an agreement in substantial form, and any necessary amendments and time extensions in consultation with the City Attorney, with ACE Parking for parking enforcement services in the amount of $71,341 annually for the initial three-year term total of $214,023. If the option to extend is exercised, the total agreement not-to-exceed total is $360,985. 2022-06-22 Item 08Q ACE Parking Agenda Packet
8R.
Second Amendment to the Agreement between City of Encinitas and San Elijo Joint Power Authority (SEJPA) for the provisions of buildings and land areas at the San Elijo Water Pollution Control Facility (WPCF) to accommodate certain maintenance crews and equipment. Contact Person: Senior Management Analyst Piatt Approve and authorize the Director of Utilities/General Manager to execute the Second Amendment to the Agreement with SEJPA to accommodate the Wastewater Division maintenance crews and equipment. 2022-06-22 Item 08R SEJPA Amendment 2
8S.
Review of the City’s Conflict of Interest Code. Contact Person: City Clerk Hollywood Receive report and direct staff to bring back amendments to the City's Conflict of Interest Code. 2022-06-22 Item 08S Conflict of Interest Code Review
8T.
Contract Amendments for As-needed Construction Management and Inspection Services and As-Needed Engineering Services. Contact Person: Engineer II Kirk 1) Authorize the City Manager or her designee, in coordination with the City Attorney, in substantial form, to execute amendments to the Kleinfelder Construction Services, Inc. (Kleinfelder), Dudek, IEC, Psomas, and WSP agreements, for additional As-needed Construction Management and Inspection Services capacity, in the amount of $500,000 per contract, for new total contracts not-to-exceed $922,015 (Kleinfelder), and $750,000 (Dudek, IEC, Somas, and WSP); 2) Authorize the City Manager or her designee, in coordination with the City Attorney, in substantial form, to execute an amendment to the Nasland agreement for As-needed Engineering Services, in an additional amount of $200,000, for a total contract not-to-exceed amount of $500,000; and 3) Authorize the City Manager or her designee, in coordination with the City Attorney, in substantial form, to execute an amendment to the STC agreement for As-needed Engineering Services, in an additional amount of $200,000, for a total contract not-to-exceed amount of $450,000. 2022-06-22 Item 08T Amendment to Contracts ENGR SRVCS
8U.
Ratification of Amendment #2 to the Agreement with Fitch & Associates, LLC for additional scope of work, to include community outreach and education for the wildfire evacuation plan for the community of Olivenhain. Contact Person: Fire Chief Stein Ratify, in consultation with the City Attorney, Amendment #2, in substantial form, with Fitch & Associates, LLC for additional scope of work in the amount not-to-exceed $30,500, for a total not-to-exceed contract amount of $124,490 and extend the terms through July 31, 2022. 2022-06-22 Item 08U Amendment 2 to Fitch & Associates Agreement 8V.
Approval of Plans and Specifications, and Authorization to Advertise a Pedestrian Z Crossing Project (CS20G) on El Camino Real South of Via Molena. Contact Person: Traffic Engineer Bandegan 1) Approve the plans and specifications for a Pedestrian Z Crossing Project on El Camino Real; 2) Authorize the advertisement of the Pedestrian Z Crossing Project for construction bids; and 3) Adopt Resolution No. 2022-78 titled, “A Resolution of the City Council of the City of Encinitas Approving the Design and Plans for Construction of a Pedestrian Z Crossing on El Camino Real south of Via Molena, pursuant to Government Code Section 830.6.” 2022-06-22 Item 08V Approve Plans and Specs, and Authorize Advertisement of Z Crossing 2022-06-22 Item 08V Approve Plans and Specs, and Authorize Advertisement of Z Crossing - Public Comments 8W.
Citywide Landscape Maintenance Services Agreement Amendment No. 7 2022 to add Additional Services. Contact Person: Parks Operation Manager Norgard City Council authorizes the City Manager to execute Amendment No. 7 with Excel Landscape for Citywide Landscape Maintenance Services, in substantial form, in consultation with the City Attorney, adding additional sites and extra work in the amount of $111,980, for a total not to exceed $10,814,215 for the six-year term ending on November 30, 2022. 2022-06-22 Item 08W Landscape Maintenance Services Agreement Excel Amendment No 7 8X.
Legislative position letter in support of proposed bill HR 6685 for the Spent Fuel Prioritization Act of 2022.Contact Person: Senior Management Analyst Piatt Approve the position letter in support of HR 6685 of the Spent Fuel Prioritization Act of 2022. 2022-06-22 Item 08X Legislative Position Letter
8Y.
Fiscal Year 2021-22 Third Quarter Budget Status Report and Proposed Budget Amendments. Contact Person: Assistant Director of Finance Gallup 1) Receive and file the Fiscal Year 2021-22 Third Quarter Budget Status Report; and 2) Adopt Resolution No. 2022-81 titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2021-22 Budget.” 2022-06-22 Item 08Y FY 21-22 Third Quarter Budget Status Report 2022-06-22 Item 08Y FY 21-22 Third Quarter Budget Status Report - Attachment 1 Amended and Posted 06-22-2022
9. ITEMS REMOVED FROM THE CONSENT CALENDAR Staff reports will be given only if requested by the person who pulled the item.
10. ACTION ITEMS Public Comments will be accepted as outlined above under New Public Comment Procedures. Each speaker is allowed three (3) minutes to address the City Council.
PROCEDURES FOR PUBLIC HEARINGS ON APPEALS (ITEM 10B): New information such as documents, exhibits, letters, photos, charts, diagrams, videos, etc., WILL NOT be considered by the City Council if presented at this meeting. All material must have been submitted to the City Clerk no less than 7 calendar days prior to this hearing 10A.
Public hearing to consider an appeal of the Planning Commission’s approval of a modification to an approved Tentative Map-Density Bonus (TMDB) and substantial conformance to an approved Design Review (DR), to address requirements by the California Coastal Commission. PROJECT NAME: La Costa 48 Tentative Map Modification Appeal; CASE NUMBERS: APPEAL005455-2022; MULTI-005412-2022; SUB-004952-2021; SUBC-005413-2022; APPLICANT: Brian Ardolino; APPELLANT: JoAnn Epstine; LOCATION: 510, 512 & 514 La Costa Avenue (APNs: 216-030-10, 45 & 46). Contact Person: Senior Planner Koutoufidis This appeal was withdrawn by the appellant on June 14, 2022, and only appears on this agenda because it was legally noticed.
Item 10A - This appeal was withdrawn by the appellant on June 14, 2022, and only appears on this agenda because it was legally noticed. 10B.
Public Hearing to consider a timely-filed appeal of the Director’s approval of a Coastal Development Permit (CDP) for the demolition of an existing single-family home and construction of a new single-family residence. CASE NUMBERS: CDP-005197-2022/APPEAL-005466-2022; APPLICANT: Nakshab Development & Design.; APPELLANT: Pamela Gran; LOCATION: 1425 Rubenstein Avenue (APN: 260-082-03). Contact Person: Senior Planner Koutoufidis Deny the appeal and uphold the decision of the Director and adopt draft City Council Resolution No. 2022-82. 2022-06-22 Item 10B 1425 Rubenstein Appeal - Agenda Report 2022-06-22 Item 10B 1425 Rubenstein Appeal - Attachment 01 Resolution 2022-06-22 Item 10B 1425 Rubenstein Appeal - Attachment 02 Appeal 2022-06-22 Item 10B 1425 Rubenstein Appeal - Attachment 03 Notice of Decision 2022-06-22 Item 10B 1425 Rubenstein Appeal - Attachment 04 Project Plans 2022-06-22 Item 10B 1425 Rubenstein Appeal - Attachment 05 Public Comments 2022-06-22 Item 10B 1425 Rubenstein Appeal - Attachment 06 Appellant Supplemental 2022-06-22 Item 10B 1425 Rubenstein Appeal - Attachment 07 Applicant Supplemental 2022-06-22 Item 10B 1425 Rubenstein Appeal - Public Comments 10C.
City Council authorization to initiate amendments to the Housing Element of the General Plan and other relevant City policy documents to comply with Government Code Section 65863 and consistent with Program 1E of the Housing Element to ensure that adequate sites remain available throughout the planning period. Contact Person: Planning Manager Gates 1) Adopt Resolution No. 2022-79 titled “A Resolution of the City Council of the City of Encinitas, California, Initiating Amendments to the General Plan, Municipal Code, Specific Plans and Local Coastal Program to Comply with Government Code Section 65863, to Ensure that Adequate Sites Remain Available Throughout the Sixth Cycle Housing Element Planning Period.”; and 2) Direct staff to develop a Request for Proposals for the Housing Element Update. 2022-06-22 Item 10C Housing Element Update
10D.
City Council direction on a request for an affordable housing loan from Chelsea Investment Corporation (Chelsea) for the development of 40 affordable units of an approved 250-unit development located at 1150 Quail Gardens Drive (Fox Point Farms). Contact Person: Planning Manager Gates 1) Provide direction on moving forward with affordable housing loan request; and 2) If City Council directs to move forward with affordable housing loan request, authorize City Manager, in consultation with the City Attorney, to provide a letter of funding commitment and develop the necessary loan agreement documents providing up to $400,000 to Chelsea Investment Corporation for development of 40 affordable units, subject to submission of a revised affordable housing plan and the award of tax-exempt bonds and low-income tax credits on or before December 31, 2023. 2022-06-22 Item 10D Affordable Housing - Chelsea Loan
2022-06-22 Item 10D Affordable Housing - Chelsea Loan - Public Comment
11. INFORMATIONAL ITEMS
11A.
Streetscape/El Portal Update. Contact Person: City Engineer Bankston Receive the oral report.
2022-06-22 Item 11A Streetscape El Portal - Staff Presentation 11B.
Beacon’s Beach Update. Contact Person: City Engineer Bankston Receive the oral report.
2022-06-22 Item 11B Beacon’s Bluff Failure - Staff Presentation
12. COUNCIL MEMBER INITIATED AGENDA ITEM
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
14. CITY MANAGER REPORTS
15. CITY ATTORNEY REPORTS
16. ADJOURNMENT - THE NEXT REGULAR CITY COUNCIL MEETING WILL BE HELD ON AUGUST 10, 2022 Notice to the Public:
To ensure that the City meets your needs when addressing the City Council, all presentation materials which require the use of visual equipment need to be submitted to the City's IT Division at least 24 hours in advance of the meeting (except for appeal hearings where materials must be submitted 7 days in advance). This includes photographs, Microsoft Office documents (PowerPoint, Word, Excel).
No CD's, DVD's, or USB thumb/flash drives will be accepted at the meeting.
All materials must be in PC format and digital presentation items must be emailed to [email protected]
. Please label all materials with the corresponding agenda item number. Should technical assistance be necessary, it will be available to presenters from 5:30 p.m. to 5:50 p.m. on the day of the meeting. Presentation of video/digital/photographs are considered part of the maximum time limit provided to speakers.