City of Encinitas
AMENDED Regular City Council Meeting - 6:00 p.m. (Added Item 10E 8/7/2022) AGENDA
WEDNESDAY, AUGUST 10, 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 the Senior Awards Program: Senior Citizen of The Year and Lifetime Achievement Award. 4B.
Presentation by Angela Kemsley and Calla Allison with Wildcoast regarding the Marine Protected Area Compliance Updates.
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.
PROCEDURES FOR PUBLIC HEARINGS ON APPEALS (ITEM 10A): 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 Density Bonus, Design Review Permit, Boundary Adjustment and Coastal Development Permit for the demolition of four (4) existing commercial structures and parking areas, and construction of a multi-family residential and mixed-use development consisting of 94 residential apartments (75 market rate and 19 low income units) within four residential podium buildings, a two-level underground parking structure, four (4) mixed-use (residential and commercial) buildings, two (2) commercial buildings, a 34-room hotel with eight (8) economy/affordable rooms, private amenity and common open space, grading, streetscape and landscaping improvements, and two (2) temporary construction trailers. Contact Person: Planning Manager Colamussi CASE NUMBER: MULTI-003780-2020, BADJ-003787-2020, CDP-003788-2020, DR-003786-2020; APPLICANT: Encinitas Beach Land Venture I, LLC, Lawrence Jackel; APPELLANT: Friends of Seabluffe c/o DeLano & DeLano; LOCATION: 1900 and 1950 North Coast Highway 101 (APNs: 216-041-20, -21 and -06).
Recommended Action: Deny the appeal and adopt draft City Council Resolution No. 2021-93, titled "A Resolution of the City of Encinitas City Council denying an appeal and affirming the Planning Commission's decision on June 16, 2022 Certifying the Final Environmental Impact Report, Adopting the Mitigation Monitoring and Reporting Program, and making the required CEQA Findings including Findings of Overriding Considerations and the General Plan overriding public need findings and Approving a Density Bonus, Design Review Permit, Boundary Adjustment and Coastal Development Permit to demolish all existing commercial structures and parking areas and construct 94 residential units, an underground parking structure, four (4) mixed-use commercial buildings, two (2) commercial buildings, a 34-room hotel, grading/site/landscaping improvements, and two (2) temporary construction trailers located at 1900 &1950 North Coast Highway 101. (CASE NOS. MULTI-003780-2020, BADJ-003787-2020, CDP-003788-2020, DR-003786-2020; APNs: 216-041-20, -21 & -06)." 2022-08-10 Item 10A Marea Village Appeal - Agenda Report 2022-08-10 Item 10A Marea Village Appeal - Attachment 1 Resolution 2022-08-10 Item 10A Marea Village Appeal - Attachment 2 Appeal of Maria Village Project and EIR 2022-08-10 Item 10A Marea Village Appeal - Attachment 3 PC Resos 2022-08-10 Item 10A Marea Village Appeal - Attachment 4 PC Agenda Report Case #MULTI-003780-2020 2022-08-10 Item 10A Marea Village Appeal - Attachment 5 Applicant Response to Appeal 2022-08-10 Item 10A Marea Village Appeal - Attachment 6 Appellant PPT Presentation 2022-08-10 Item 10A Marea Village Appeal - Attachment 7 Public Correspondence 2022-08-10 Item 10A Marea Village Appeal - Project Plans - Posted 08102022 2022-08-10 Item 10A Marea Villlage Appeal - Marea Village Final EIR - Posted 08102022 2022-08-10 Item 10A Marea Village Appeal - Public Comments 10B.
Public hearing to consider introductions of City Council Ordinance No. 2022-06 to amend Title 1, Title 2, Title 6, Title 9, and Title 23 (Chapter 23.40) and City Council Ordinance No. 2022-07 to amend Chapter 23.08 (Design Review), Title 24 and Title 30 of the Encinitas Municipal Code and the Local Coastal Program to adjust the local appeal period timelines to be 10 calendar days. Contact Person: Planner IV Dacey 1) Introduce City Council Ordinance No. 2022-06 titled "An Ordinance of the City Council of the City of Encinitas adopting amendments to Title 1 (Chapter 1.12), Title 2 (Chapters 2.28 & 2.37), Title 9 (Chapters 9.27 & 9.75), Title 11 (Chapter 11.12), Title 18 (Chapter 18.08), and Title 23 (Chapter 23.40) of the Encinitas Municipal Code Pertaining to the Local Appeal Period Timelines"; and 2) Introduce City Council Ordinance No. 2022-07 titled "An Ordinance of the City Council of the City of Encinitas adopting amendments to Title 23 (Chapter 23.08), Title 24 (Chapters 24.01, 24.48, 24.50, 24.54, 24.60, 24.70 & 24.74) and Title 30 (Chapters 30.01, 30.16, 30.33, 30.48, 30.74, 30.80 & 30.86) of the Encinitas Municipal Code and Local Coastal Program Pertaining to the Local Appeal Period Timelines." 2022-08-10 Item 10B Appeal Period
10C.
Consideration of introduction of Ordinance 2022-10 amending Encinitas Municipal Code (EMC) Section 2.12.060(C) Conflict of Interest Code. Contact Person City Clerk Hollywood Introduce Ordinance 2022-10 titled, “An Ordinance of the City of Encinitas, California, Amending Encinitas Municipal Code Section 2.12.060(C) Regarding Conflict of Interest Filers.” 2022-08-10 Item 10C Conflict of Interest Code Ordinance Intro 10D.
Consideration of introduction of Ordinance 2022-09 amending Encinitas Municipal Code Chapter 2.30 “Terms and Term Limits”, Section 2.30.020 (D), regarding appointments to commissions. Contact Person: City Clerk Hollywood Introduce Ordinance 2022-09 titled "An Ordinance of the City of Encinitas, California, Amending Encinitas Municipal Code Section 2.30.020 (D) Regarding Appointments to Commissions." 2022-08-10 Item 10D Ordinance Intro Appointments to Commissions 10E.
City of Encinitas consider participation in the AB 1713 Stop as Yield Pilot Program. Contact Person: Administrative Services Director Schwarm 1) Discuss request by Assemblymember Tasha Boerner Horvath for the City of Encinitas' participation in the AB 1713 Stop as Yield Pilot Program; and 2) If supported by Council, provide direction to staff to send letter to Assemblymember Tasha Boerner Horvath stating the City of Encinitas' intent to participate in the AB 1713 Stop as Yield Pilot Program. 2022-08-10 Item 10E AB1713 Consideration
2022-08-10 Item 10E AB1713 Consideration - Public Comments
11. INFORMATIONAL ITEMS - NONE
12. COUNCIL MEMBER INITIATED AGENDA ITEM
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF (30 MINUTES) Each speaker is allowed three (3) minutes to address the City Council. Please submit a “WHITE” speaker slip to the City Clerk. If needed, 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. Any member of the public may remove an item by submitting a “PINK” speaker slip to the City Clerk. Each speaker is allowed three (3) minutes to address the City Council. Items removed from the Consent Calendar by a Council Member or the public will be considered immediately following the Consent Calendar. 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, Regular Meeting, June 15, 2022, Regular Meeting, June 15, 2022, Special Closed Session Meeting, June 22, 2022, Regular Meeting, and June 29, 2022, Special Meeting. Contact Person: City Clerk Hollywood Approve the Minutes.
2022-08-10 Item 08B Minutes
8C.
Approval of the Warrants List (Register of Demands). Contact Person: Finance Manager Dinh Staff recommends that the City Council review and approve the warrants. 2022-08-10 Item 08C Approval of Warrants List
8D.
Appointment to the Urban Forest Advisory Committee (UFAC) to fill one vacancy. Contact Person: City Clerk Hollywood The City Council approve the Mayor’s recommendation to appoint Christina Simokat to the UFAC to fill one vacancy. 2022-08-10 Item 08D Appointment to the Urban Forest Advisory Committee 8E.
Appointment to the Mobility and Traffic Safety Commission – Olivenhain Representative to fill one unscheduled vacancy with a term ending March 1, 2024. Contact Person: City Clerk Hollywood The City Council approve the Mayor’s recommendation to appoint Harold Standerfer to the Mobility and Public Safety Commission – Olivenhain representative with a term ending March 1, 2024. 2022-08-10 Item 08E Appointment to the Mobility and Traffic Safety Commission 8F.
Authorization to procure Dell and/or Hewlett Packard (HP) computer hardware. Contact Person: IT Operations Supervisor O’Connor Authorize the procurement of Dell and/or HP computer hardware in an amount of $109,710 in FY 2022-23 using the NASPO ValuePoint (MNWNC-108) California Participating Addendum No 7-15-70-34-003 contract pricing for Dell and the General Services Administration (GSA) contract GS-35F-025DA for HP; and 2) Authorize participation in the NASPO Valuepoint (MNWNC-108) California Participating Addendum No 7-15-70-34-003 and GSA GS-35F-025DA in a total amount not to exceed $109,710 in FY 2022-23. 2022-08-10 Item 08F Procurement of Dell & HP hardware
8G.
Environmental Systems Research Institute (ESRI) Enterprise License Agreement (ELA) for GIS software and applications. Contact person: GIS Administrator Highland Authorize the City Manager, or designee, in coordination with the City Attorney, to execute the three-year ESRI Enterprise License Agreement for GIS software and applications, in the not to exceed amount of $58,000 for each year of the life of the agreement, totaling $174,000 for three years, allowing for continuity of service with ESRI. 2022-08-10 Item 08G ESRI Enterprise License Agreement
8H.
Authorization to procure Cisco networking and phone equipment. Contact Person: IT Operations Supervisor O’ Connor Authorize the procurement of Cisco hardware and annual support renewals in an amount of $152,000 in FY 2022-23, using CMAS - GSA (GS-35F-0511T) Schedule 70 contract pricing. 2022-08-10 Item 08H Procurement of Cisco networking equipment 8I.
Authorization to renew Hewlett Packard (HP) server support and maintenance on existing hardware. Contact Person: IT Operations Supervisor O’Connor Authorize the HP server support and maintenance renewals in an amount of $41,781 in FY 2022-23 using NASPO ValuePoint (MNNVP-134) California Participating Addendum No 7-15-70-34-002 contract pricing. 2022-08-10 Item 08I HP Support & Maintenance for existing hardware 8J.
Designation of a voting delegate for the League of California Cities (LCC) Annual Conference, September 7 – 9, 2022. Contact Person: Executive Assistant Blease City Council adopt Resolution 2022-84, titled “A Resolution of the City Council of the City of Encinitas designating Council Member Lyndes as the City’s voting delegate at the League of California Cities annual conference to be held September 7-9, 2022.” 2022-08-10 Item 08J LCC Voting Delegate
8K.
Approval of the Local Roadway Safety Plan (LRSP). Contact Person: Traffic Engineer Bandegan Approve the Local Roadway Safety Plan.
2022-08-10 Item 08K Local Roadway Safety Plan
8L.
Acceptance of the Leucadia Streetscape Project Segment A North from Marcheta Street to Basil Street (CS04D). Contact Person: Director of Engineering/City Engineer Bankston 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 Notice of Completion; and 4) Adopt City Council Resolution No. 2022-87, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the Leucadia Streetscape Segment A North Project from Marcheta Street to Basil Street” accepting the public improvements for the Leucadia Streetscape Segment A North Project from Marcheta Street to Basil Street as complete to the satisfaction of the City. 2022-08-10 Item 08L Leucadia Streetscape Phase 1 Project (CS04D) NOC 8M.
Off-cycle Fiscal Year 2022-23 Budget Appropriation for Equipment Replacement Fund and Authorization to Purchase Fleet Equipment. Contact Person: Management Analyst Stratakis 1) Adopt Resolution Number 2022-88, titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget” approving an off-cycle appropriation to the Fiscal Year 2022-23 operating budget for the Fleet Equipment Replacement Fund (Fund 623); 2) Authorize the purchase of a new dump truck in accordance with the attached quote, for an amount of $189,119, plus a 10 percent contingency of $18,912, for a total amount not to exceed $208,031; and 3) Authorize the purchase of a new utility task vehicle (UTV) and outfit in accordance with the attached quote, for an amount of $31,830, plus a 10 percent contingency of $3,183, for a total amount not to exceed $35,013. 2022-08-10 Item 08M FY23 Fleet Purchases
8N.
Appointment of an Authorized Representative from the City of Encinitas to execute Master and Supplemental Agreements with the State of California Department of Transportation for grant funded projects. Contact Person: Sr. Management Analyst Ruess Adopt City Council Resolution 2022-86 titled “A Resolution of the City of Encinitas City Council Approving the Appointment of an Authorized Representative”, appointing the Director of Engineering, or his/her designee, as the authorized representative for the City of Encinitas to execute Master and Supplemental Agreements with the State of California Department of Transportation for grant-funded projects. 2022-08-10 Item 08N Master Agreement AR
9. ITEMS REMOVED FROM THE CONSENT CALENDAR Staff reports will be given only if requested by the person who pulled the 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 17, 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.