City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, NOVEMBER 9, 2022 -
06:00 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 Minutes of the October 19, 2022, Regular Meeting and the October 26, 2022, Special Closed Session Meeting. Contact Person: City Clerk Hollywood Approve the Minutes.
2022-11-09 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. 2022-11-09 Item 08C Approval of Warrants List
8D.
Consider the adoption of City Council Ordinance No. 2022-17 to add new Chapter 30.18 (Two-Unit Development and Urban Lot Split Regulations) to Title 30 (Zoning) for new development and design standards for urban lot splits and two-unit residential development in single-family zones as allowed under Senate Bill 9 ("SB9") and amend Section 6.05 of the Encinitas Ranch Specific Plan, and the Local Coastal Program. Environmental Considerations: This Ordinance is exempt from the provisions of CEQA pursuant to Government Code Sections 65852.21(j) and 66411.7(n), because the adoption of an ordinance to implement SB9 shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. Further, Section 15301 exempts from environmental review the addition of up to 10,000 square feet if the project is in an area where all public services and facilities are available to allow for maximum development permissible in the City’s General Plan. All of Encinitas single-family residential areas eligible for SB9 approval meet these two (2) criteria, and it is anticipated that each project undertaken pursuant to SB9 will not add more than 10,000 square feet of new development. Contact Person: Development Services Director Sapa’u Adopt City Council Ordinance No. 2022-17 titled "An Ordinance of the City Council of the City of Encinitas Adding a New Chapter 30.18 (Two Unit Development and Urban Lot Split Regulations) to Title 30 of the Encinitas Municipal Code and Amending Section 6.05 of the Encinitas Ranch Specific Plan, thereby amending the Implementation Plan of the Local Coastal Program Pertaining to Senate Bill 9 Implementation Regulations." 2022-11-09 Item 08D SB9 Ord Adoption
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 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 the adoption of City Council Ordinance No. 2022-19 to consider approval of a one-year extension of Urgency Ordinance No. 2021-25 pertaining to development regulations for urban lot splits and two-unit residential development in single family zones as allowed under Senate Bill 9 ("SB9"). CASE NUMBER: PLCY-005101-2022 (SB 9 Interim Ordinance); APPLICANT: City of Encinitas; LOCATION: City-wide; ENVIRONMENTAL STATUS: This Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.21(j) and 66411.7(n), because the adoption of an ordinance to implement SB9 shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. Further, CEQA Guidelines Section 15301 exempts from environmental review the addition of up to 10,000 square feet if the project is in an area where all public services and facilities are available to allow for maximum development permissible in the City’s General Plan. Contact Person: Development Services Director Sapa’u This Item has been removed from the agenda and only appears because it was legally noticed. 10B.
Proposed Amendment to the City Manager’s Employment Agreement, effective, October 12, 2022. Contact Person: Mayor Blakespear 1) Consider approval of Resolution 2022-111 Amendment No. 2 to the City Manager's Employment Agreement and authorize the Mayor to execute the amendment to the Employment Agreement, effective October 12, 2022; and 2) Consider approval of Resolution 2022-112 approving and adopting the City Manager Pay Schedule in the amount of $265,200. 2022-11-09 Item 10B City Manager Employment Agreement Amendment 10C.
Public hearing to consider introductions of City Council Ordinance No. 2022-15 to amend Chapter 9.38 (Regulating Short-term Rentals) of the Encinitas Municipal Code and Ordinance No. 2022-16 to amend Chapter 30.04 (Definitions), and 30.09 (Zoning Use Matrix) and adding a new Chapter 30.50 titled "Short-term Rental" to Title 30 (Zoning) of the Encinitas Municipal Code, amending Section 6.05 of the Encinitas Ranch Specific Plan, and amending Section 3.2.5.A Zoning Use Table of the Cardiff-By-The-Sea Specific Plan. The amendments to Title 30, and the referenced specific plans would also amend the City’s Local Coastal Program as part of this application. Environmental Considerations: The proposed amendments to the EMC and LCP are exempt from the environmental review pursuant to General Rule, Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines since there would be no possibility of a significant effect on the environment and pursuant to CEQA Section 15378(b)(5), which exempts organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment in that the amendments to the Municipal Code and local coastal program regard local administrative procedure updates. Further, this project is categorically exempt pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities), in that the short-term rental Municipal Code amendments relate to the licensing, permitting, and operation of a short-term rental within an existing private structure that involves negligible or no expansion of use. Contact Person: Senior Planner Dacey 1) Introduce City Council Ordinance No. 2022-15 titled "An Ordinance of the City Council of the City of Encinitas adopting amendments to Title 9 (Chapter 9.38) and to rename the Chapter to "Regulating Short-term Rental Permits" of the Encinitas Municipal Code pertaining to Short-term Rentals;" and 2) Introduce City Council Ordinance No. 2022-16 titled "An Ordinance of the City Council of the City of Encinitas amending Chapters 30.04 (Definitions) and 30.09 (Zoning Use Matrix), and adding a new Chapter 30.50 (Short-term Rental) to Title 30 (Zoning) of the Encinitas Municipal Code, amending Section 6.05 of the Encinitas Ranch Specific Plan and Section 3.2.5.A Zoning Use Table of the Cardiff-by-the-Sea Specific Plan and amending the Local Coastal Program pertaining to short-term rental uses." 2022-11-09 Item 10C Short-Term Rentals
2022-11-09 Item 10C Short-Term Rentals - Public Comment 10D.
Award a Construction Contract for the South Coast Highway 101 Cycle Track (Phase II) Project (CS22C). Environmental Considerations: 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. Contact Person: Traffic Engineer Bandegan 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 LC Paving & Sealing, Inc., in the amount of $1,294,954 plus 15 percent contingency ($194,243) for a total not-to-exceed construction contract amount of $1,489,197 for construction of the South Coast Highway 101 Cycle Track (Phase II) Project; and 2) Adopt City Council Resolution No. 2022-110, titled "A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget" to allocate $554,732 to the South Coast Highway 101 Cycle Track (Phase II) Project (CS22C). 2022-11-09 Item 10D Award Cycle Track Phase II Version 2 2022-11-09 Item 10D Award Cycle Track Phase II Version 2 - Public Comment 10D.
Award a Construction Contract for the South Coast Highway 101 Cycle Track (Phase II) Project (CS22C). Environmental Considerations: 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. Contact Person: Traffic Engineer Bandegan 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 LC Paving & Sealing, Inc., in the amount of $1,294,954 plus 15 percent contingency ($194,243) for a total not-to-exceed construction contract amount of $1,489,197 for construction of the South Coast Highway 101 Cycle Track (Phase II) Project; and 2) Adopt City Council Resolution No. 2022-110, titled "A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget" to allocate $554,732 to the South Coast Highway 101 Cycle Track (Phase II) Project (CS22C).
11. INFORMATIONAL ITEMS
11A.
Saxony Road Tree Evaluation Report by City Arborist.
Receive the oral report.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
12A.
Council Initiated Item from Councilmember Kellie Hinze and Joy Lyndes Regarding the City of Encinitas Becoming a Certified Bee City USA.
Direct Lyndes and Hinze to complete sample resolution for Encinitas and return for adoption designating Encinitas as a Bee City USA affiliate.
Discuss and determine how to accomplish the following framework:
• Establish a standing Bee City USA Committee to advocate for pollinators. • Create and enhance pollinator habitat on public and private land by increasing the abundance of native plants and nest sites. • Consider our use of pesticides.
• Incorporate pollinator-conscious practices into city policies and plans. • Host pollinator awareness events.
• Publicly acknowledge Bee City USA Affiliation with signs and an online presence. • Pay an initial application fee and annual renewal fee. • Apply annually for renewal and report on previous year's activities. 2022-11-09 Item 12A BeeCityCMI
2022-11-09 Item 12A BeeCityCMI- Public Comment
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF 12A.
Council Initiated Item from Councilmember Kellie Hinze and Joy Lyndes Regarding the City of Encinitas Becoming a Certified Bee City USA.
Direct Lyndes and Hinze to complete sample resolution for Encinitas and return for adoption designating Encinitas as a Bee City USA affiliate.
Discuss and determine how to accomplish the following framework:
• Establish a standing Bee City USA Committee to advocate for pollinators. • Create and enhance pollinator habitat on public and private land by increasing the abundance of native plants and nest sites. • Consider our use of pesticides.
• Incorporate pollinator-conscious practices into city policies and plans. • Host pollinator awareness events.
• Publicly acknowledge Bee City USA Affiliation with signs and an online presence. • Pay an initial application fee and annual renewal fee. • Apply annually for renewal and report on previous year's activities.
14. CITY MANAGER REPORTS
15. CITY ATTORNEY REPORTS
16. ADJOURNMENT - THE NEXT REGULAR CITY COUNCIL MEETING WILL BE HELD ON NOVEMBER 16, 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.