City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, APRIL 26, 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.
Proclamation for Bike Month
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 Minutes of the April 5, 2023, Special-Closed Session Meeting. Contact Person: City Clerk Hollywood Approve the Minutes.
2023-04-26 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. 2023-04-26 Item 08C Approval of Warrants List
8D.
Adoption of Ordinance No. 2023-03 adding Chapter 3.28 (Cannabis Business Tax) to Title 3 of the Encinitas Municipal Code establishing a Tax on Cannabis and Hemp Business Activities within the City. Environmental Considerations: The Ordinance and Resolutions are exempt from the California Environmental Quality Act, Public Resources Code sections 21000 et seq. ("CEQA") and 14 Cal. Code Regs. section 15000 et seq. ("CEQA Guidelines"). The Ordinance and Resolution are not projects within the meaning of CEQA because they create a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment, pursuant to CEQA Guidelines section 15378(b)(4). Further, it can be seen with certainty that this Ordinance will not have a significant effect on the environment and is therefore exempt pursuant to section 15061(b)(3). Contact Person: Assistant Director of Finance Gallup Adopt Ordinance No. 2023-03 titled "An Ordinance of the City Council of the City of Encinitas, California adding Chapter 3.28 (Cannabis Business Tax) to Title 3 of the Encinitas Municipal Code establishing a Tax on Cannabis and Hemp Business Activities within the City and amending Ordinance No. 2022-20." 2023-04-26 Item 08D Cannabis Business Tax Ordinance Adoption 8E.
Adopt Ordinance No. 2023-04 to revise Chapter 6.60 (Business Registration Certificate) of Title 6 of the Encinitas Municipal Code to Establish Procedures for Suspension and Revocation of Business Registration Certificates. Environmental Considerations: The Ordinance is exempt from the California Environmental Quality Act, Public Resources Code sections 21000 et seq. ("CEQA") and 14 Cal. Code Regs. section 15000 et seq. ("CEQA Guidelines"). The Ordinance is not a project within the meaning of CEQA because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment and that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment, pursuant to CEQA Guidelines section 15378(b)(5). Further, it can be seen with certainty that this Ordinance will not have a significant effect on the environment and is therefore exempt pursuant to section 15061(b)(3). Contact Person: Senior Planner Mobility Coordinator Jedynak Adopt Ordinance No. 2023-04 titled "An Ordinance of the City Council of the City of Encinitas, California to revise Chapter 6.60 (Business Registration Certificate) of Title 6 of the Encinitas Municipal Code to Establish Procedures for Suspension and Revocation of Business Registration Certificates." 2023-04-26 Item 08E Ch. 6.60 Amendment Ordinance Adoption 8F.
Arts Commission Work Plan Outcomes for FY 2022-2023 and Proposed Work Plan for FY 2023-2024. 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: Arts Administrator Murphy 1) Receive final report outcomes regarding the FY 2022-23 Commission for the Arts Work Plan; and 2) Approve the proposed FY 2023-24 Commission for the Arts Work Plan. 2023-04-26 Item 08F Arts Commission Work Plan 2022-23 and 2023-24 8G.
Professional Services Contract with Willdan Financial Services ("Willdan") to perform special tax assessments for Community Facilities District No. 1 (CFD) and administrative and support services for the Cardiff and Encinitas Sanitary Divisions (CSD and ESD). 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: Finance Manager Attili Authorize the City Manager or her designee in coordination with the City Attorney to execute a professional services contract with Willdan for a term of three years beginning with tax assessment fiscal year (FY) 2023-24 with an option to extend the agreement for two additional one-year periods for a total term of five years and a not to exceed amount of $156,250. 2023-04-26 Item 08G Professional Services CFD, CSD and ESD Tax Assessments 8H.
Mobile Data Computer iPad Mounting and Installation. 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: Deputy Fire Chief Sanchez. 1) Approve the request of Capital Equipment Replacement funds held by North County Dispatch Joint Powers Authority (NCDJPA); 2) Accept the quote from Rivcomm Incorporated, for the purchase and installation of Ram Mounting Equipment for emergency vehicles; 3) Adopt City Council Resolution No. 2023-38 titled "A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget" to accept General Fund revenue of $19,509 and increase the budget appropriation in the General Fund by $19,509 for the purchase and installation of the equipment. 2023-04-26 Item 08H iPad Mounting & Installation
8I.
Renewal of the Encinitas Landscape and Lighting District. 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 Sections 15378(c)(3) and 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: Senior Management Analyst Yum 1) Adopt City Council Resolution No. 2023-16 titled, "Resolution of the City Council of the City of Encinitas, California Declaring its Intention to Order the Renewal of the Encinitas Landscape and Lighting District for FY 2023-24 and Setting of a Public Hearing on May 24, 2023, Pursuant to the Provisions of Division 15, Part 2 of the Street and Highways Code of the State of California;" and 2) Set the Encinitas Landscape and Lighting District renewal public hearing for May 24, 2023. 2023-04-26 Item 08I Renewal of the Encinitas Landscape and Lighting District 8J.
Reject bids for the Santa Fe Drive Western Phase Improvements Project (CS19E). 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) of CEQA Guidelines. Today’s action involves an organizational or administrative activity of government that will not result in direct or indirect physical change to the environment. Contact Person: Principal Engineer Widelski 1) Reject all bids from April 3, 2023, bid for construction of the Santa Fe Drive Western Phase Improvements Project (CS19E); and 2) Authorize, staff to re-advertise and rebid Santa Fe Drive Western Phase Improvements Project (CS19E). 2023-04-26 Item 08J Bid Rejection for Santa Fe Drive West Improv. Project 8K.
Leucadia Streetscape Project Segment A North (CD04D) Increase of $181,735 and a New Not-to-Exceed Amount for the Granite Construction Company Contract of $7,655,410. 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: Director of Engineering/City Engineer Bankston 1) Approve an increase to the not-to-exceed amount on the Leucadia Streetscape Phase 1 Construction Contract with Granite Construction Company by $181,735 from $7,473,675 to a new not-to-exceed amount of $7,655,410 to fund additional paving work and unanticipated extra work and close out the construction contract; and 2) Adopt City Council Resolution No. 2023-44 titled, "A Resolution of the City Council of the City of Encinitas amending the Fiscal Year 2022-23 Budget" to add $181,735 to fully fund the Leucadia Streetscape Segment A North (CS04D) construction contract. 2023-04-26 Item 08K Streetscape Ph 1 Contractor Funding 8L.
Approval of plans and specifications, and authorization to advertise the Safe Routes to School Project to provide safe pedestrian crossings in the vicinity of Diegueno Middle School, Oak Crest Middle School, Capri Elementary School and Ada W. Harris Elementary School. 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. New crosswalks on existing public streets meet the criteria for this exemption. Contact Person: Associate Engineer Barr and 3) Adopt Resolution No. 2023-43 titled "A Resolution of the City of Encinitas City Council Approving the Design and Plans for the Construction of the Safe Routes to School Project, per Government Code Section 830.6." 2023-04-26 Item 08L Safe Routes to School
2023-04-26 Item 08L Safe Routes to School - Public Comment 8M.
Approval of street list and authorization to advertise the FY 2022-23 Citywide Street Overlay and Slurry Seal Project (CS23A). 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. Maintenance and repair are proposed on existing public streets but does not create additional automobile lanes. The proposed project meets the criteria for this exemption. Contact Person: Senior Engineer Cabrera 1) Approve the street list for the FY 2022-23 Citywide Street Overlay and Slurry Seal Project (CS23A); 2) Approve plans for the restriping of Manchester Avenue, South El Camino Real, South Coast Highway 101, South Rancho Santa Fe Road and South Vulcan Avenue; 3) Adopt City Council Resolution No. 2023-02 titled, "A Resolution of the City Council of the City of Encinitas Approving the Design and Plans for Restriping Manchester Avenue, South El Camino Real, South Coast Highway 101, South Rancho Santa Fe Road and South Vulcan Avenue, Pursuant to Government Code Section 830.6;" and 4) Authorize advertisement of the FY 2022-23 Citywide Street Overlay and Slurry Seal Project (CS23A). 2023-04-26 Item 08M Advertise Annual Pavement Rehab FY 22-23 2023-04-26 Item 08M Advertise Annual Pavement Rehab FY 22-23 - Public Comment 8N.
Authorization to Purchase Replacement Fire Apparatuses and Replacement Fleet Vehicle. 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 Horn 1) Authorize the purchase of two Pierce Enforcer Triple Combination Pumper Fire Engines in accordance with the attached quote, for an amount not to exceed $2,405,200, which includes a 10 percent contingency, as the recommended replacement for a 2012 Pierce Pumper (VM 280) and 2013 Pierce Pumper (VM 290); 2) Authorize the purchase of one replacement vehicle (VM 338) for Fire Administration in accordance with the attached quotes, for an amount not to exceed $52,803; 3) Authorize staff to seek long-term financing for the Pierce Enforcer Triple Combination Pumper Fire Engines from Pierce Finance Solutions, on a negotiated basis, and to return to Council with the financing proposal and related documentation for approval; 4) Adopt Resolution 2023-35, titled "A Resolution of the City of Encinitas Declaring its Intent to Issue Tax-Exempt Financing to be Used to Reimburse the City of Qualified Expenditures Prior to the Issuance of Such Financing;" and 5) Adopt Resolution Number 2023-34, 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 Fire Apparatus Replacement Fund (Fund 624) and Fleet Vehicle Replacement Fund (Fund 622). 2023-04-26 Item 08N FY24 Fire Apparatus Staff Report
8O.
Rescinding of the City of Encinitas Administrative Policy No. P048 COVID-19 PROTOCOLS. 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 Manager Antil That the City of Encinitas City Council Rescind the City of Encinitas Administrative Policy No. P048 COVID-19 PROTOCOLS for the Service Employees International Union (SEIU). 2023-04-26 Item 08O End Vaccine Mandate SEIU
08P.
Request for Deputy Mayor Joy Lyndes to Participate in the City of Oceanside’s Phase 2 Sand Nourishment and Retention Pilot Project Design Competition Review. 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 Manager Antil Approve the request for Encinitas Deputy Mayor Joy Lyndes to participate as a voting juror in the City of Oceanside's Sand Nourishment and Retention Pilot Project Design Competition Review as a voting juror. 2023-04-26 Item 08P City Participation in the City of Oceanside’s Sand Nourishment and Retention Pilot Project
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 and approve Resolution No. 2023-39 approving the FY 2023-24 Annual Action Plan for the Community Development Block Grant ("CDBG") Program. Environmental Considerations: The action before the City Council is to consider the approval of the FY 2023-24 Annual Action Plan 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) Adopt Resolution No. 2023-39 title "A Resolution of the City of Encinitas City Council Approving the Fiscal Year (FY) 2023-24 Community Development Block Grant (CDBG) Program Budget, FY 2023-24 Annual Action Plan and Authorizing Submission of the FY 2023-24 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD);" 2) Authorize the City Manager, or designee, to transmit the FY 2023-24 Annual Action Plan and execute required certifications to the U.S. Department of Housing and Urban Development ("HUD"); and 3) Authorize the City Manager, or designee, to execute all funding agreements and documents consistent with the FY 2023-24 Annual Action Plan. 2023-04-26 Item 10A CDBGFY 2023-24 Annual Action Plan
11. INFORMATIONAL ITEMS 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 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.
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 MAY 10, 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.