City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, FEBRUARY 8, 2023 -
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
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.
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS – NONE
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 January 18, 2023, Regular Meeting; January 25, 2023, Special-Closed Session Meeting; and January 25, 2023, Regular Meeting. Contact Person: City Clerk Hollywood Approve the Minutes.
2023-02-08 Item 08B Minutes
2023-02-08 Item 08B Minutes - Amended Page 13 of 16 (posted 2/8/2023) 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. 2023-02-08 Item 08C Approval of Warrants List
8D.
Grant application for the FY23 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program for Leucadia Streetscape. Environmental Considerations: The action being considered by the City Council is not subject to the California Environmental Quality Act (CEQA) because it is not a "project" per Section 15378(b)(5) of the CEQA Guidelines. The action authorizes staff to implement an organizational or administrative activity of government that by itself will not result in a direct or indirect physical change in the environment. Contact Person: Principal Engineer Widelski Authorize the City Manager, or designee, to apply for, accept and administer funding from the FY23 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program for Leucadia Streetscape. 2023-02-08 Item 08D RAISE Grant Streetscape 2023
8E.
Memorandum of Understanding (MOU) between the San Diego Association of Governments (SANDAG) and the City of Encinitas for the preliminary planning activities for a regional beach sand project (RBSPIII) feasibility study and economic analysis. Environmental Considerations: The current action considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because the MOU 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: Coastal Zone Program Administrator Mierau Adopt Resolution No. 2023-11 titled, "A Resolution of the City Council of the City of Encinitas, Authorizing the City Manager, or Designee, to Execute the Memorandum of Understanding (MOU) Between the San Diego Association of Governments (SANDAG) and the City, with Language Acceptable to the City, for a Regional Beach Sand Project (RBSPIII) Feasibility Study and Economic Analysis, and Allocate the Necessary Appropriation Funds Held Within the City's Existing Account Held by SANDAG to Pay for the City's Share of Said Study." 2023-02-08 Item 08E SANDAG RBSP III MOU CC Report
8F.
Agreement Amendments for Engineering As-Needed Professional Services. Environmental Considerations: The actions being considered by the City Council are not subject to the California Environmental Quality Act (CEQA) because agreement amendments are not "projects" per Section 15378(b)(5) of the CEQA Guidelines. These actions authorize staff to implement an organizational or administrative activity of government that by itself will not result in a direct or indirect physical change in the environment. Contact Person: Engineer I Stryker 1) Authorize the City Manager in substantial form or her designee, in coordination with the City Attorney, to execute amendments, to the As-needed Engineering Services agreements with Dokken Engineering, Kimley-Horn, Rick Engineering, Michael Baker International, and NV5, to add $250,000 of capacity to each agreement, for new not to-exceed amount of $500,000 for each contract; 2) Authorize the City Manager in substantial form or her designee, in coordination with the City Attorney, to execute an amendment, to the As-needed Engineering Services agreement with STC Traffic to add $250,000 of capacity to the agreement, for new not-to exceed amount of $700,000; and 3) Authorize the City Manager in substantial form, or her designee, in coordination with the City Attorney, to execute an amendment, to the As-needed Project Management and Engineering Services agreement with Villa Civil to add $250,000 of capacity to the agreement, for new not-to-exceed amount of $500,000. 2023-02-08 Item 08F Amendment to As-Needed Engineering Services Contracts 8G.
Emergency Declaration for the remediation and repair of the failed 48-inch corrugated metal storm pipe on the west side of Lake Drive just north of Wales Drive. 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: Engineer I Stryker Approve the Emergency Declaration for remediation and repairs of the failed 48-inch corrugated metal storm pipe on the west side of Lake Drive just north of Wales Drive. 2023-02-08 Item 08G Emergency Declaration Lake Drive Sinkhole
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 review and consider the introduction of City Council Ordinance No. 2023-03 amending Encinitas Municipal Code Chapter 11.08 and 11.09 and establishing a citywide smoking ban in all public places. Environmental Consideration: The action being considered by the City Council is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to Section 15308 of the CEQA Guidelines because it is an activity undertaken "to assure the maintenance, restoration, enhancement and protection of the environment" and pursuant to Section 15061(b)(3) because there is no possibility that the activity in question may have a significant effect on the environment. Contact Person: Sustainability Manager Najera Introduce City Council Ordinance No. 2022-12, titled "An ordinance of the City Council of the City of Encinitas establishing a citywide smoking ban in public places, regulating electronic cigarettes in the same manner as other smoking devices, and amending chapters 11.08 and 11.09 of the Encinitas Municipal Code." This Item has been removed from the agenda and only appears because it was legally noticed. The item has been rescheduled and renoticed.
This Item has been removed from the agenda and only appears because it was legally noticed. The item has been rescheduled and renoticed. 10B.
Council to hear from applicants for the Commission for the Arts, Environmental Commission, Parks and Recreation Commission, Planning Commission, Senior Citizen Commission, and Mobility & Traffic Safety Commission. 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. This item does not relate to the Climate Action Plan.
Contact Person: Kathy Hollywood
1) Hear the applicants present qualifications and interest in serving on a City Commission; 2) Discuss as needed; 3) City Council to make appointments to the Planning Commission; and 4) Mayor to make recommendations on appointments or defer recommendations for appointments to the February 22, 2023, City Council meeting. 2023-02-08 Item 10B Commission Applicant Interviews & Appointment 2023-02-08 Item 10B Commission Applicant Interviews & Appointment - Public Comment 10C.
Public hearing to consider the approval of the Modal Alternatives Project (MAP Encinitas), an implementation plan for the previously approved Active Transportation Plan. Environmental Considerations: Pursuant to Section 15060(c)(2) of the California Environmental Quality Act (CEQA) Guidelines, the proposed activity is not subject to CEQA because approval of the Modal Alternatives Project, in and of itself, will not result in a direct or reasonably foreseeable indirect physical change in the environment. All projects prioritized in the plan are already part of the adopted Active Transportation Plan. Any future projects resulting from the plan will require compliance with CEQA prior to any decision by the Planning Commission and/or City Council. Contact Person: Senior Mobility Planner Jedynak Adopt Resolution No. 2023-04, titled, "A Resolution of the City Council of the City of Encinitas Approving the Modal Alternatives Project (MAP Encinitas), an Implementation Plan for the Active Transportation Plan." 2023-02-08 Item 10C Modal Alternatives Project (MAP Encinitas) 2023-02-08 Item 10C Modal Alternatives Project (MAP Encinitas) - Public Comment 10D.
Approval of Downtown Parking Enhancements. 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 Approve the restriping proposal for downtown Encinitas to improve parking capacity. 2023-02-08 Item 10D Downtown Parking Enhancements
2023-02-08 Item 10D Downtown Parking Enhancements - Public Comment 10E.
Review and possible action regarding City Council Policy C003 - Policies and Protocols for City Council Meetings and review of Brown Act requirements. 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 City Council review and possible direction to staff regarding City Council Policy C003 - Policies and Protocols for City Council Meetings and review of Brown Act requirements. 2023-02-08 Item 10E Review of City Council Policy C003 & Brown Act 2023-02-08 Item 10E Review of City Council Policy C003 & Brown Act - Public Comment
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 FEBRUARY 15, 2023 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.