City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, MARCH 15, 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
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
4A.
Public Works APWA Re-Accreditation Presentation
4B.
Women’s History Month Presentation
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. Time donations are not permitted during Oral Communications. 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. A maximum of two time donations per speaker is allowed (no more than 9 minutes total); the person donating time must be present. 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 Warrants List (Register of Demands). Contact Person: Finance Manager Dinh Staff recommends that the City Council review and approve the warrants. 2023-03-15 Item 08B Approval of Warrants List
8C.
An amendment to the existing Civic Solutions, Inc. for discretionary planning services contract agreement of $441,970 to reallocate and add an additional $8,600 of SANDAG Housing Acceleration Grant Program Funds ("HAP") for a not-to-exceed amount of $450,570 and amend the scope of services. Environmental Considerations: The item being considered by the City Council is exempt from California Environmental Quality Act (CEQA) because it is not a "project" under CEQA Guidelines Section 15378(b)(5). The item involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. Contact Person: Senior Planner Dacey Authorize the City Manager to amend the current contract agreement with Civic Solutions, Inc. in substantial form, in consultation with the City Attorney, to reallocate and add an additional $8,600 from a HAP grant activity to the contract for discretionary planning support, and housing production assistance for a total not-to-exceed contract amount of $450,570. 2023-03-15 Item 08C Civic Solutions Contract Amendment
8D.
Annual Progress Report on the implementation of the General Plan. Environmental Considerations: The General Plan Annual Progress Report is a reporting document and does not create or alter policy. The content is provided for informational purposes only and is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines 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. This informational item provides a means to monitor the implementation of the General Plan during the 12-month reporting period. Contact Person: Housing Management Analyst Schubert and Associate Planner Cvetko Approve the General Plan Annual Progress Report, including implementation thereof. 2023-03-15 Item 08D General Plan Annual Progress Report 2022 8E.
Approval of Plans for Carlsbad’s Restriping Work of Portions of La Costa Avenue East of Interstate 5 and Olivenhain Road East of Los Pinos Circle. 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(c)(3) and Section 15378(b)(5) of CEQA Guidelines. The action authorizes staff to implement an organizational or administrative activity of government that by itself will not result in a direct physical change in the environment. Contact Person: Traffic Engineer Bandegan 1) Approve the Carlsbad plans for restriping La Costa Avenue East of Interstate 5 and for restriping Olivenhain Road East of Los Pinos Circle; and 2) Adopt Resolution No. 2023-20, titled, "A Resolution of the City Council of the City of Encinitas Approving the Carlsbad Design and Plans for Restriping of La Costa Avenue East of Interstate 5 and for Restriping Olivenhain Road East of Los Pinos Circle, pursuant to Government Code Section 830.6." 2023-03-15 Item 08E Approve Plans and Specs for La Costa Ave and Olivenhain Rd 2023-03-15 Item 08E Approve Plans and Specs for La Costa Ave and Olivenhain Rd - Public Comment
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. A maximum of two time donations per speaker is allowed (no more than 9 minutes total); the person donating time must be present. 10A.
Public Hearing to consider funding requests for the FY 2023-24 Community Development Block Grant ("CDBG") Program. Environmental Considerations: The action before the City Council is to consider funding for eligible projects under the federal CDBG program which is exempt from environmental review pursuant to Section 15060 (c) (2) and (c) (3) of the California Environmental Quality Act ("CEQA") Guidelines in that the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; and the activity is not a project as defined in Section 15378 of the CEQA Guidelines. An environmental review must be completed for each of the approved projects. Contact Person: Management Analyst Schubert 1) Authorize funding for activities delineated in Attachment 1 and in the Analysis Section of the Agenda Report, for incorporation into the draft FY 2023-24 Annual Action Plan; and 2) Continue the Public Hearing to April 26, 2023, to gather public input prior to Council's consideration of the FY 2023-24 Annual Action Plan. 2023-03-15 Item 10A CDBG Funding Requests for FY 2023-24 2023-03-15 Item 10A CDBG Funding Requests for FY 2023-24 - Staff Presentation 2023-03-15 Item 10A CDBG Funding Requests for FY 2023-24 - Public Comment 10B.
Public Hearing to Consider an Amendment to the TransNet Local Street Improvement Program of Projects to reduce future TransNet programming for FY23-27 in the amount of $120,400. Environmental Considerations: The actions being considered by the City Council are not subject to the California Environmental Quality Act (CEQA) because it is not a "project" 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: Senior Management Analyst Yum 1) Conduct a Public Hearing related to the proposed changes to the City's TransNet projects; and 2) Adopt City Council Resolution No. 2023-23 titled, "A Resolution of the City of Encinitas City Council Adopting an Amendment to the TransNet Local Street Improvement Program of Projects for Fiscal Years 2022-23 through 2026-27." 2023-03-15 Item 10B Amendment to TransNet Local Street Improvement Program 10C.
Reintroduction of City Council Ordinance No. 2023-02 amending Encinitas Municipal Code Chapter 11.08 and repealing Chapter 11.09 establishing a citywide smoking ban in all public places. CASE NUMBER: PLCY-005913-2023; LOCATION: Citywide. Environmental Considerations: 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. To the extent that the ordinance applies to places of employment, it regulates working conditions by ensuring that employees and volunteers are not exposed to the harmful effects of second-hand smoke and is therefore categorically exempt from CEQA pursuant to Section 15324(c) of Title 14 of the California Code of Regulations ("CEQA Guidelines"). Section 15324(c) exempts regulation of "working conditions where there will be no demonstrable physical changes outside the place of work." Contact Person Sustainability Manager Najera Reintroduce City Council Ordinance No. 2023-02, titled "An Ordinance of the City Council of the City of Encinitas amending Chapter 11.08 (Smoking) of the Encinitas Municipal Code to establish a citywide ban on smoking in public places, and repealing Chapter 11.09 (Smoking Prohibited in Beaches, Parks, Trails, and Outdoor/Patio Dining Areas of Eating Establishments) of the Encinitas Municipal Code." 2023-03-15 Item 10C Smoking Ban Reintroduction
2023-03-15 Item 10C Smoking Ban Reintroduction - Public Comment
11. INFORMATIONAL ITEMS – NONE To speak on informational items, please submit a “PINK” speaker slip to the City Clerk. Each speaker is allowed three (3) minutes to address the City Council. A maximum of two time donations per speaker is allowed (no more than 9 minutes total); the person donating time must be present.
12. COUNCIL MEMBER INITIATED AGENDA ITEM – NONE To speak on Council Initiated Items, please submit a “PINK” speaker slip to the City Clerk. Each speaker is allowed three (3) minutes to address the City Council. A maximum of two time donations per speaker is allowed (no more than 9 minutes total); the person donating time must be present. 10C.
Reintroduction of City Council Ordinance No. 2023-02 amending Encinitas Municipal Code Chapter 11.08 and repealing Chapter 11.09 establishing a citywide smoking ban in all public places. CASE NUMBER: PLCY-005913-2023; LOCATION: Citywide. Environmental Considerations: 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. To the extent that the ordinance applies to places of employment, it regulates working conditions by ensuring that employees and volunteers are not exposed to the harmful effects of second-hand smoke and is therefore categorically exempt from CEQA pursuant to Section 15324(c) of Title 14 of the California Code of Regulations ("CEQA Guidelines"). Section 15324(c) exempts regulation of "working conditions where there will be no demonstrable physical changes outside the place of work." Contact Person Sustainability Manager Najera Reintroduce City Council Ordinance No. 2023-02, titled "An Ordinance of the City Council of the City of Encinitas amending Chapter 11.08 (Smoking) of the Encinitas Municipal Code to establish a citywide ban on smoking in public places, and repealing Chapter 11.09 (Smoking Prohibited in Beaches, Parks, Trails, and Outdoor/Patio Dining Areas of Eating Establishments) of the Encinitas Municipal Code."
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 CERTIFICATION - THE NEXT REGULAR CITY COUNCIL MEETING WILL BE HELD ON MARCH 22, 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.