City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, AUGUST 24, 2022 -
05:30 PM
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
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 August 10, 2022, Joint Special Closed Session Meeting of the City Council and SDWD. Contact Person: City Clerk Hollywood Approve the Minutes.
2022-08-24 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. 2022-08-24 Item 08C Approval of Warrants List
8D.
Consideration of adoption of Ordinance 2022-10 amending Encinitas Municipal Code (EMC) Section 2.12.060(C) Conflict of Interest Code. Contact Person City Clerk Hollywood Adopt Ordinance 2022-10 entitled, “An Ordinance of the City of Encinitas, California, Amending Encinitas Municipal Code Section 2.12.060(C) Regarding Conflict of Interest Filers.” 2022-08-24 Item 08D Conflict of Interest Code
8E.
Consideration of adoption 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 Adopt 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." 2022-08-24 Item 08E Commissions Appointments Municipal Code 8F.
Approve Plans and Specifications, and Authorization to Advertise the Leucadia Streetscape Segment C West Side Improvements project (CS23D). Contact Person: Engineer Bankston 1) Approve the plans and specifications for the Leucadia Streetscape Segment C West Side Improvements project; 2) Authorize the advertisement of the Leucadia Streetscape Segment C West Side Improvements project for construction bids; and 3) Adopt Resolution No. 2022-25 titled, “A Resolution of the City Council of the City of Encinitas Approving the Design and Plans for Construction of the Leucadia Streetscape Segment C West Side Improvements Project, pursuant to Government Code Section 830.6.” 2022-08-24 Item 08F Approve Design SS Seg. C West Side
8G.
Design Services Agreement with Michael Baker International for Design of North Coast Highway 101 Drainage Improvements from Jupiter Street to La Costa Avenue (CD23A). Contact Person: City Engineer Bankston 1) Authorize the City Manager to execute an agreement in substantial form, and any necessary amendments and time extensions, in consultation with the City Attorney, with Michael Baker International in the amount of $263,830 plus a 20 percent contingency of $52,766 for a total contract amount not-to-exceed $316,596 to prepare final design plans for the North Coast Highway 101 Drainage Improvements project between Jupiter Street and La Costa Avenue; and 2) Adopt Resolution No. 2022-77, titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget” to appropriate $356,171 for the design of the North Coast Highway 101 Drainage Improvements project (CD23A). 2022-08-24 Item 08G Approve Design Contract N101 Drainage 8H.
Award a Construction Contract for the FY 2021-22 Pavement Rehabilitation Overlay and Slurry Seal Project (CS22A). Contact Person: Engineer Edgeworth 1) Authorize the City Manager, or designee, to execute a contract in substantial form, and any necessary amendments and time extensions in consultation with the City Attorney, with Eagle Paving Company Inc., in the amount of $1,570,000 plus 20 percent contingency ($314,000) for a total not-to-exceed construction contract amount of $1,884,000 including any future contract amendments for construction of the FY 2021-22 Pavement Rehabilitation Overlay and Slurry Seal Project (CS22A); and 2) Adopt City Council Resolution No. 2022-56, titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget” (CS22A). 2022-08-24 Item 08H FY21-22 Pavement Rehab
8I.
Agreement with Olivenhain Municipal Water District (OMWD) for Cost Sharing the Resurfacing of Manchester Avenue and South El Camino Real. Contact Person: Engineer Edgeworth 1) Authorize the City Manager, in consultation with the City Attorney, to execute an agreement in substantial form for cost sharing the resurfacing of Manchester Avenue and South El Camino Real; and 2) Adopt Resolution No. 2022-46 titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Adopted Budget” to appropriate $106,034 of Olivenhain Municipal Water District shared costs to the FY 2022-23 Annual Street Overlay Project (CS23A).” 2022-08-24 Item 08I OMWD Cost Sharing Resurfacing
8J.
Memorandum of Understanding between the City of Encinitas and North County Transit District regarding the North County Coastal Bikeshare Pilot Program. Contact Person: Sustainability Manager Najera It is recommended that the City Council authorize the City Manager, or designee, of the City of Encinitas (“City”) to enter into a Memorandum of Understanding (MOU) with the North County Transit District (“NCTD”) to continue to collaborate on the implementation of the pilot bikeshare program. 2022-08-24 Item 08J NCTD MOU
8K.
Request to waive city encroachment permit application fees and associated traffic control permit review fees for the BCycle Bikeshare Pilot Program. Contact Person: Sustainability Manager Najera Approve waiving encroachment permit and traffic control permit fees for BCycle, LLC authorizing encroachment and the construction, operation, and maintenance of bike stations in the public right-of-way, for the duration of the term of the approved license agreement. 2022-08-24 Item 08K BCycle Fee Waiver
8L.
2021 State Homeland Security Program Grant in the amount of $37,546 for the Purchase of a Thermal Imaging Camera and the Installation of an Electronic Security Gate at Fire Station #3; and Proposed Off-cycle Fiscal Year 2022-23 Budget Amendment. Contact Person: Senior Management Analyst Jimenez 1) Accept $37,546 in federal funds from a 2021 State Homeland Security Program (SHSP) grant awarded to the City of Encinitas for the purchase of a thermal imaging camera and the installation of an electronic security gate at Fire Station #3; 2) Authorize the Fire Chief, or his designee, to sign and submit the required California Governor's Office of Emergency Services Fiscal Year 2021 Standard Assurances for Cal OES Federal Non-Disaster Grant Programs; and 3) Adopt Resolution Number 2022-34, titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget.” 2022-08-24 Item 08L FY21 SHSGP ENC Grant Acceptance
8M.
Second reading and adoption of City Council Ordinance No. 2022-06 to amend Title 1, Title 2, Title 6, Title 9, and Title 23 (Chapter 23.40) of the Encinitas Municipal Code 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) Adopt 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) Adopt 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.” 2022-08-24 Item 08M Appeal Period 2nd Reading
8N.
Adoption of the City of Encinitas Resolution No. 2022-90, approving position titles and pay ranges for the City of Encinitas for Fiscal Year 2022-23. Contact Person: Human Resource Specialist Alvarez Staff recommends that the City Council adopt Resolution 2022-90 titled, “A Resolution of the City of Encinitas City Council Approving Titles and Pay Ranges for the City of Encinitas for Fiscal Year 2022-2023.” 2022-08-24 Item 08N Salary Schedule Correction Staff Report 8O.
Approval of Plans and Specifications, and Authorization to Advertise Phase II of the South Coast Highway 101 Cycle Track Project. Contact Person: Traffic Engineer Bandegan 1) Approve the plans and specifications for the South Coast Highway 101 Cycle Track Project between K St and Chesterfield Dr.; 2) Authorize the advertisement of the South Coast Highway 101 Cycle Track Project between K St and Chesterfield Dr for construction bids; and 3) Adopt Resolution No. 2022-71 titled, “A Resolution of the City Council of the City of Encinitas Approving the Design and Plans for Construction of the South Coast Highway 101 Cycle Track Project Phase II, pursuant to Government Code Section 830.6.” 2022-08-24 Item 08O Approve Plans and Specs, and Authorize S101 Cycle Track Phase II
9. ITEMS REMOVED FROM THE CONSENT CALENDAR Staff reports will be given only if requested by the person who pulled the item.
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
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. 10A.
Public hearing to consider a timely appeal filed by Matthew Gordon on July 12, 2022 (Case No. APPEAL-005515-2022) of the Planning Commission’s approval of a Major Use Permit and Coastal Development Permit (MULTI-005151-2022; USE-005152-2022; CDP-005153-2020) to allow the installation of monitoring equipment on the bluff face at Beacon’s Beach and temporary construction parking located at 948 Neptune Avenue (APN: 254-040-31). APPELLANT: Matthew Gordan. APPLICANT: UCSD Scripps Institute of Oceanography (SIO). Contact Person: Planner IV Mireau Adopt Resolution No. 2022-83 denying the appeal and affirming the Planning Commission’s decision approving a Major Use Permit and Coastal Development Permit to allow the installation of monitoring equipment on the bluff face at Beacon’s Beach and temporary construction parking located at 948 Neptune Avenue, based on the findings contained within Planning Commission Resolution No. PC 2022-10. 2022-08-24 Item 10A Beacon’s Appeal - Agenda Report CC MULTI-005151-2022 Beacon’s Bluff Montoring 2022-08-24 Item 10A Beacon’s Appeal - Attachment 1 Resolution 2022-08-24 Item 10A Beacon’s Appeal - Attachment 2 Appeal Request 2022-08-24 Item 10A Beacon’s Appeal - Attachment 3 Planning Commission Resolution 2022-08-24 Item 10A Beacon’s Appeal - Attachment 4 Planning Commission Agenda Report 2022-08-24 Item 10A Beacon’s Appeal - Attachment 5 Coastal Development Permit 2022-08-24 Item 10A Beacon’s Appeal - Attachment 6 Correspondence 2022-08-24 Item 10A Beacon’s Appeal - Public Comments Received 10B.
Public hearing to consider the introduction of City Council Ordinance No. 2022-11 to adopt modifications approved by the California Coastal Commission to City Council Ordinance No. 2020-10 and Ordinance No. 2022-03, which amended the Zoning Code and Local Coastal Program (LCP) to modify the regulations and requirements for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) consistent with recent changes in state law (with the exception of the provisions regarding replacement parking). The modification addresses when a coastal development permit (CDP) is required for the construction of a new ADU/JADU. Contact Person: Associate Planner Jedynak Introduce City Council Ordinance No. 2022-11 titled, “An Ordinance of the City Council of the City of Encinitas, California, Adopting the Modifications Suggested by the California Coastal Commission to City Council Ordinance No. 2020-10 and Ordinance No. 2022-03, Amending Encinitas Municipal Code Section 30.48.040 (Accessory Use Regulations) of Title 30 (Zoning) to Address When a Coastal Development Permit (CDP) is Required for the Construction of a New Accessory Dwelling Unit/Junior Accessory Dwelling Unit.” 2022-08-24 Item 10B ADU CCC Mods
11. INFORMATIONAL ITEMS - NONE
12. COUNCIL MEMBER INITIATED AGENDA ITEM
12A.
Council initiated item from Councilmember Lyndes regarding modifying our Community Grant application to include consideration of equity.
Approve modifying the Community Grant application and selection criteria to include consideration of equity. 2022-08-24 Item 12A Council Initiated Item Community Grants 12B.
Council initiated item from Mayor Blakespear & Councilmember Lyndes regarding Action for Spent Fuel Solutions Now Resolution, supporting solutions for the permanent relocation of spent nuclear fuel from our coastline to a federally licensed facility. 1) City Council approve attached Resolution 2022-92, titled “A Resolution of the City Council of the City of Encinitas in Support of the Solutions for the Permanent Relocation of Spent Nuclear Fuel from our Coastline to a Federally Licensed Facility;” and 2) Direct the Encinitas City Manager to draft a letter for the Mayor’s signature to the United States Secretary of Energy urging the prompt removal and relocation of the spent nuclear fuel currently stored at the decommissioned San Onofre Generating Station and to provide copies to Encinitas’s federal legislative representatives, the Governor of California, the state legislative delegation, the Nuclear Regulatory Commission, the California Energy Commission and all other appropriate agencies or entities. In addition, today’s action will direct the City Manager to add to the City’s legislative program support for legislation that would remove and relocate the spent fuel outside of the San Diego region. 2022-08-24 Item 12B Council Initiated Item Action for Spent Fuel
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
14. CITY MANAGER REPORTS
15. CITY ATTORNEY REPORTS
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
16. ADJOURNMENT - THE NEXT REGULAR CITY COUNCIL MEETING WILL BE HELD ON SEPTEMBER 14, 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.