City of Encinitas
AMENDED Regular City Council Meeting - 6:00 p.m. (Item 4B Added) AGENDA
WEDNESDAY, DECEMBER 14, 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
4A.
Presentation and Demonstration of the New City Website. Contact Person: Director of Information Technology Contreras 4B.
Recognition of Josh Gordon as the new Encinitas Fire Chief
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 November 9, 2022, Regular Meeting, November 16, 2022, Regular Meeting and November 29, 2022, Special Meeting. Contact Person: City Clerk Hollywood Approve the Minutes.
2022-12-14 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. 2022-12-14 Item 08C Approval of Warrants List
8D.
Appointment to the Senior Citizen Commission to fill one unscheduled vacancy with a term ending March 1, 2024. 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. Contact Person: City Clerk Hollywood The City Council approve the Mayor's recommendation to appoint Peter Tobias to fill one unscheduled vacancy on the Senior Citizen Commission with a term ending March 1, 2024. 2022-12-14 Item 08D Senior Citizen Commission Appointment 8E.
MOU with Cardiff 101 Main Street for Wayfinding Signs in Cardiff-by-the-Sea. 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. Contact Person: Park Operations Manager Norgard 1) Approve and authorize the City Manager in coordination with the City Attorney, to execute a Memorandum of Understanding (MOU) in substantial form, between the City of Encinitas and Cardiff 101 Main Street for wayfinding signs in Cardiff; 2) Approve the conceptual designs and authorize the City Manager to direct staff to coordinate with Cardiff 101 Main Street, review and approve final wayfinding signs, and ensure that the proposed wayfinding designs and locations are consistent with the City's guidelines, regulations, and safety standards; and 3) Accept the donation of wayfinding signs from Cardiff 101 Main Street at a value of $15,000., 2022-12-14 Item 08E C101 MOU
8F.
2023 Moonlight Beach Fun Run Major Special Event. 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. Contact Person: Management Analyst Gilliam Staff recommends City Council approve the second year of the major special event, the Moonlight Beach Fun Run (10K, 5K, and Kid's "K") to be held on Saturday, September 30, 2023, with a contingency of Marine Safety's assessment of sand conditions approaching the event date. 2022-12-14 Item 08F Moonlight Beach Fun Run
8G.
Agreement Amendments for As-Needed Grant Writing and Grant Administration. 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. Contact Person: Management Analyst Brown 1) Authorize the City Manager, or designee, in consultation with the City Attorney to execute Amendment 1 to the November 2020 Villa Civil APC Agreement for As-Needed Grant Writing and Grant Administration services, in substantial form, to add $110,000 of contract capacity, for a new not-to-exceed amount of $200,000; and 2) Authorize the City Manager, or designee, in consultation with the City Attorney to execute Amendment 1 to the December 2020 STC Traffic, Inc. Agreement for As-Needed Grant Writing and Grant Administration, in substantial form, to add $110,000 of contract capacity, for a new not-to-exceed amount of $200,000. 2022-12-14 Item 08G Amend As-Needed ENG Grant Contracts 8H.
Second reading and adoption of City Council Ordinance No. 2022-15 to amend Chapter 9.38 (Regulating Short-term Rentals) of the Encinitas Municipal Code and City Council 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: Planner IV Dacey 1) Adopt 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) Adopt 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." 2022-12-14 Item 08H Short-term Rentals Adoption
8I.
Acceptance of a donation of public art by artist James Stone. 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. Contact Person: Arts Program Administrator Murphy Review the recommendation by the Commission for the Arts and accept the donation of public art by artist James Stone. 2022-12-14 Item 08I Donation of Public Art by Artist James Stone 8J.
Adoption of City Council Ordinance No.2022-18 titled, "An Ordinance of the City of Encinitas, California, amending Chapters 12.01, 12.08, 12.12, 12.16, 12.20 and 2.28 of the Encinitas Municipal Code." 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. Contact Person: Management Analyst III Chase Staff recommends that City Council adopt Ordinance No. 2022-18 titled, "An Ordinance of the City of Encinitas, California Amending Chapters 12.01, 12.08, 12.12, 12.16, and 12.20 and 2.28 of the Encinitas Municipal Code." 2022-12-14 Item 08J Position & Title Changes Ordinance Adoption 08K.
Off-cycle Fiscal Year 2022-23 Budget Appropriation for Vehicle Replacement Fund and Authorization to Purchase Fleet Vehicle. Environmental Considerations: The proposed amendments to the EMC 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 regard local administrative procedure updates. Contact Person: Senior Management Analyst Stratakis 1) Adopt Resolution Number 2022-122, 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 Vehicle Replacement Fund (Fund 622); and 2) Authorize the purchase of a new Fire utility truck and outfitting in accordance with the attached quotes, for an amount of $108,000, plus a 10 percent contingency of $10,800, for a total amount not to exceed $118,800. 2022-12-14 Item 08K FY23 Fleet Purchases Fire Utility Vehicle 08L.
Reduced speed limit on North Vulcan Avenue. Environmental Considerations: The action being considered is exempt from the California Environmental Quality Act (CEQA) because changing a speed limit is not a "project" that has the potential to result in a direct physical change in the environment pursuant to Section 15378(a) of CEQA Guidelines. Contact Person: Associate Engineer Barr Adopt City Council Resolution 2022-117, titled "A Resolution of the City of Encinitas, California, Establishing Speed Limit on North Vulcan Avenue," reducing the speed limit from 35 mph to 30 mph on North Vulcan Avenue between Leucadia Boulevard and La Costa Avenue. Environmental Considerations: The action being considered is exempt from the California Environmental Quality Act (CEQA) because changing a speed limit is not a "project" that has the potential to result in a direct physical change in the environment pursuant to Section 15378(a) of CEQA Guidelines. 2022-12-14 Item 08L N. Vulcan Ave. Speed Limit
2022-12-14 Item 08L N. Vulcan Ave. Speed Limit - Public Comments
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 and introduction of City Council Ordinance No. 2022-21 amending Section 15.02.030, Definitions, of Chapter 15.02, Municipal Tree Ordinance, of the Encinitas Municipal Code. Environmental Considerations: The proposed amendments to the EMC 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 regard local administrative procedure updates. Contact Person: City Arborist Kallstrand 1) Open the public hearing; and 2) Introduce City Council Ordinance No. 2022-21 titled "An Ordinance of the City Council of the City of Encinitas, California, Amending Section 15.02.030, Definitions, of Chapter 15.02, Municipal Tree Ordinance, of the Encinitas Municipal Code." 2022-12-14 Item 10A Introduce Municipal Tree Ordinance Amendment 10B.
Designation of the intersection control at La Costa Avenue and Sheridan Road as All-Way Stop Control (AWSC). Environmental Considerations: The proposed action 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 Adopt Resolution No. 2022-118 titled, "A Resolution of the City Council of the City of Encinitas, California Establishing All-Way Stop Control at the Intersection of La Costa Avenue and Sheridan Road." 2022-12-14 Item 10B La Costa Ave and Sheridan Rd AWSC
2022-12-14 Item 10B La Costa Ave and Sheridan Rd AWSC - Public Comments 10C.
Public hearing to consider adoption of an Urgency Ordinance pertaining to development regulations for urban lot splits and two-unit residential development in single-family zones as allowed under Senate Bill 9 ("SB 9"). 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 SB 9 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: Senior Planner - Housing Dacey Adopt Urgency Ordinance No. 2022-19 titled "An Urgency Ordinance of the City Council of the City of Encinitas, California, to Provide Objective Standards Pertaining to Development Regulations for Urban Lot Splits and Two-Unit Residential Development in Single-family Zones to Implement Senate Bill 9 and Declaring the Ordinance to be an Urgency Measure to Take Effect Immediately Upon Adoption." 2022-12-14 Item 10C SB 9 Interim Urgency Ordinance
10D.
Discussion and action regarding options for filling the District 1 Council seat left vacant by Tony Kranz being elected Mayor. 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. Contact Person: City Clerk Hollywood Council to discuss and provide direction to staff regarding filling the District 1 City Council vacancy. 2022-12-14 Item 10D Options for Filling Council Vacancy 2022-12-14 Item 10D Options for Filling Council Vacancy - Public Comments 10E.
Discussion and possible appointments of Encinitas City Council Members to Regional Boards and Committees, and consideration and possible action regarding existing Standing Subcommittee and Active Ad Hoc Subcommittee appointments. 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. Contact Person: Executive Assistant Blease 1) Council to make recommendations and approve final appointments of Representative and Alternate to the North County Transit District (NCTD) 2023 Board of Directors; 2) Council to make recommendations and approve final appointments of Representative, Alternate, and Second Alternate to the San Diego Association of Governments (SANDAG) 2023 Board of Directors; 3) Mayor to make recommendations and Council to approve all other 2023 regional board and committee appointments; and 4) Council to consider and possibly take action regarding appointments to standing subcommittee and active ad hoc subcommittee appointments. 2022-12-14 Item 10E Regional Committee and Board Appointments 10F.
Consideration of Proposed Changes to the 2023 calendar year City Council Meeting Schedule. 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. Contact Person: City Clerk Hollywood Approve the proposed changes to the 2023 calendar year City Council Meeting Schedule and adopt City Council Resolution 2022-113 titled, "A Resolution of the City Council of the City of Encinitas, California Approving Changes to the Calendar Year 2023 City Council Meeting Schedule." 2022-12-14 Item 10F 2023 Council Meeting Schedule
11. INFORMATIONAL ITEMS – NONE
12. COUNCIL MEMBER INITIATED AGENDA ITEM - NONE
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 DECEMBER 21, 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.