City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, JUNE 28, 2023 -
06:30 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 of Proclamation Declaring July as Parks and Recreation 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 June 14, 2023, Special-Closed Session Meeting and June 14, 2023, Regular Meeting. Contact Person: City Clerk Hollywood Approve the Minutes.
2023-06-28 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. 2023-06-28 Item 08C Approval of Warrants List
8D.
Adopt Ordinance No. 2023-05 to amend Title 14, Chapters 14.06 and 14.56 of the Encinitas Municipal Code adopting changes pertaining to the operation of bicycles within the City. 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 15061(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: Government & Community Relations Administrator Bates Adopt Ordinance No. 2023-05, tilted "An Ordinance of the City Council of the City of Encinitas, California, Amending Encinitas Municipal Code Chapters 14.06 and 14.56 of Title 14 (Traffic Code) Regarding Bicycles." 2023-06-28 Item 08D Ordinance 2023-05 Adoption
2023-06-28 Item 08D Ordinance 2023-05 Adoption - Public Comment 8E.
Legislative position letters submitted to City Council for consideration. 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: Government & Community Relations Administrator Bates 1) Ratify Support Letter for AB 1657 The Affordable Housing Bond Act of 2024 (Wicks); and 2) Ratify Support Letter for SB 1514 and HR 3170 - The Homes for Every Local Protector, Educator, and Responder (HELPER) Act (Rubio, Ossoff, Brown, Warnock, Menendez, Cortez-Masto, Blumenthal) (Rutherford, Watson-Coleman). 2023-06-28 Item 08E Legislative Position Letters
8F.
One-Year Management Services Agreements between the City and Encinitas 101 Main Street Association, Leucadia 101 Main Street Association, Cardiff 101 Main Street Association, and the Encinitas Chamber of Commerce. 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: Government & Community Relations Administrator Bates It is Recommended that City Council Approve 1) One-year management services agreement with Encinitas 101 Main Street Association in the amount of $35,000 for Fiscal Year 2023-24; 2) One-year management services agreement with Leucadia 101 Main Street Association in the amount of $35,000 for Fiscal Year 2023-24; 3) One-year management services agreement with Cardiff 101 Main Street Association in the amount of $35,000 for Fiscal Year 2023-24; and 4) One-year management services agreement with Encinitas Chamber of Commerce (Chamber) in the amount of $40,000 for Fiscal Year 2023-24. 2023-06-28 Item 08F MOU for Mainstreet & Chamber
8G.
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 June 15, 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). 2023-06-28 Item 08G Bid Rejection for Santa Fe Drive West Improv. Project 8H.
Award a Construction Contract and Construction Management and Inspection Services Contract for 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 site. Maintenance and repair are proposed on existing public streets but do not create additional automobile lanes. The proposed project meets the criteria for this exemption. Contact Person: Senior Engineer Cabrera 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 Eagle Paving Company, Inc. dba Toro Engineering, in the amount of $3,428,360 plus 15 percent contingency ($514,254) for a total not-to-exceed construction contract amount of $3,942,614 including any future contract amendments for construction of the FY 2022-23 Citywide Street Overlay and Slurry Seal Project (CS23A); 2) 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 Reddy Engineering (RE) Services, Inc., in the amount of $272,553 plus 15 percent contingency ($40,883) for a total not-to-exceed contract amount of $313,436 including any future contract amendments for the construction management and inspection services for the FY 2022-23 Citywide Street Overlay and Slurry Seal Project (CS23A); and 3) Adopt City Council Resolution 2023-85 titled, "A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2023-24 Budget" to appropriate $134,000 to FY 2022-23 Citywide Street Overlay and Slurry Seal Project (CS23A). 2023-06-28 Item 08H Award Pavement Rehab FY 22-23
8I.
2022 Climate Action Plan Annual Report. 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 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 physical change in the environment. Contact Person: Sustainability Manager Najera.
Approve the 2022 Climate Action Plan (CAP) Annual Report. 2023-06-28 Item 08I 2022 CAP Annual Report
8J.
Memorandum of Understanding between the City of Encinitas and Encinitas Friends of the Arts (EFA). 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: Parks, Recreation, and Cultural Arts Director Karlen Authorize the City Manager to execute a Memorandum of Understanding with Encinitas Friends of the Arts, in conjunction with the City Attorney in substantial form, to elevate arts and culture in the community through advocacy and support of quality arts and cultural programs and events in the community through June 30, 2024. 2023-06-28 Item 08J EFA MOU
8K.
Grant application for the FEMA Hazard Mitigation Grant Program for Lake Drive Storm Drain Improvement Project. 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: Engineer II Stryker Authorize the City Manager, or designee, to apply for the FEMA Hazard Mitigation Grant Program for construction of the Lake Drive Storm Drain Improvement Project. 2023-06-28 Item 08K FEMA Grant Application for Lake Drive Stormdrain Improvements 8L.
Approval of a budget amendment for Summer Recreation Camps. 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 organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. Contact Person: Senior Management Analyst Lisenbee Approve City Council Resolution No. 2023-84, titled, "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2022-23 Adopted Budget" for Summer Recreation Camps. 2023-06-28 Item 08L Recreation Program Funding
8M.
Far South/Border North Grant from the San Diego Regional Arts and Culture Coalition and their regional partners including the City of San Diego, The San Diego Foundation, and Catalyst of San Diego & Imperial Counties. 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) Approve a Resolution titled, "A Resolution of the City Council of the City of Encinitas, California, Approving the Application for Grant Funds from the Far South/Border North Grant Program" authorizing an application for grant funds from the Far South/Border North grants program from the San Diego Regional Arts and Culture Coalition and their regional partners including the City of San Diego, The San Diego Foundation, and Catalyst of San Diego & Imperial Counties; and 2) Authorize the City Manager to enter into an agreement with the San Diego Regional Arts and Culture Coalition and their regional partners including the City of San Diego, The San Diego Foundation, and Catalyst of San Diego & Imperial Counties, in conjunction with the City Attorney, subject to future City Council budget appropriations. 2023-06-28 Item 08M Far South Border North Grant
8N.
Amendment #1 to the Interwest Contract Agreement for Continued Contractual Support through Fiscal Year 2024-25. 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: Principal Engineer Strizic Authorize the City Manager, or designee, in consultation with the City Attorney, to execute, contract Amendment #1, with Interwest for continued services by $200,000, for a total not-to-exceed contract amount of $295,000, and to extend the terms through June 30, 2025. 2023-06-28 Item 08N Interwest Contract Amendment No. 1
8O.
Contract for engineering and construction inspection services for private development between the City of Encinitas and Ardurra Group, Inc. 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. The Climate Action Plan is not related to this item. Contact Person: Principal Engineer Strizic Authorize the City Manager, or designee, in consultation with the City Attorney, to execute a contract with Ardurra Group, Inc. for engineering inspection services related to private land development projects, in substantial form, in an amount not to exceed $970,000 for FY 2023-24, $989,400 for FY 2024-25, and $1,009,188 for FY 2025- 26, for a three-year term, with options to extend, upon mutual consent, for two additional one year terms in an amount not to exceed $1,029,372 for FY 2026-27, and $1,049,959 for FY 2027-2028; and not to exceed five years total and a total contract cost not to exceed $5,047,919. 2023-06-28 Item 08O Ardurra Contract 2023-2028
8P.
Reauthorization of the Opening Doors Program for FY 2023-24. 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: Senior Planner Dacey 1) Review the seventh year (FY 2022-23) results to date of the Opening Doors Program; and 2) Authorize the City Manager to execute a Memorandum of Understanding with the Community Resource Center (CRC), in an amount not to exceed $138,700, for implementation of the eighth year of the Opening Doors Program in the City of Encinitas in substantial form, subject to the review and approval of the City Attorney. 2023-06-28 Item 08P CRC Opening Doors
2023-06-28 Item 08P CRC Opening Doors - Public Comment
9. ITEMS REMOVED FROM THE CONSENT CALENDAR Staff reports will be given only if requested by the person who pulled the item.
PROCEDURES FOR PUBLIC HEARINGS ON APPEALS (ITEM 10A): New information such as documents, exhibits, letters, photos, charts, diagrams, videos, etc., WILL NOT be considered by the City Council if presented at this meeting. All material must have been submitted to the City Clerk no less than 7 calendar days prior to this hearing.
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.
PROCEDURES FOR PUBLIC HEARINGS ON APPEALS (ITEM 10A): New information such as documents, exhibits, letters, photos, charts, diagrams, videos, etc., WILL NOT be considered by the City Council if presented at this meeting. All material must have been submitted to the City Clerk no less than 7 calendar days prior to this hearing 10A.
Public hearing to consider a timely appeal filed by Chandra Slaven on May 18, 2023 (Case No. APPEAL-006269-2023) of the Planning Commission’s approval of a Major Use Permit and Coastal Development Permit (Case Nos. MULTI-005456-2022; USE-005458-2022; CDP-005457-2022) to allow the removal and replacement of the existing parking lot pavement to construct a new parking lot area beyond the existing failure plane on the bluff at Beacon’s Beach and temporary construction staging area in the parking lot located at 948 Neptune Avenue (APN: 254-040-31). APPELLANT: Chandra Slaven APPLICANT: The City of Encinitas. Environmental Considerations: The project has been determined to be exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15311 and Section 15304(e). Section 15311 exempts the construction or replacement of minor structures including small parking lots. The request to authorize the removal and replacement of the existing parking lot pavement to construct a new parking lot area beyond the existing failure plane on the bluff at Beacon’s Beach. Section 15304(e) exempts the temporary construction staging area for the duration of the project. None of the exceptions in CEQA Guidelines Section 15300.2 exists and no historic resources would be impacted by the proposed project. Contact Person: Coastal Zone Administrator Mierau 254-040-31)", thus denying the appeal and affirming the Planning Commission's decision approving a Major Use Permit and Coastal Development Permit to allow the removal and replacement of the existing parking lot pavement to construct a new parking lot area beyond the existing failure plane on the bluff at Beacon's Beach and temporary construction staging area in the parking lot at 948 Neptune Avenue, based on the findings contained within Planning Commission Resolution No. PC 2023-06. 2023-06-28 Item 10A - Beacon’s Beach Appeal - Agenda Report 2023-06-28 Item 10A - Beacon’s Beach Appeal Attachment 1 - Resolution 2023-73 2023-06-28 Item 10A - Beacon’s Beach Appeal Attachment 2 - Appeal 2023-06-28 Item 10A - Beacon’s Beach Appeal Attachment 3 - Planning Commission Resolution 2023-06 2023-06-28 Item 10A - Beacon’s Beach Appeal Attachment 4 - California Coastal Commission Coastal Development Permit 2023-06-28 Item 10A - Beacon’s Beach Appeal Attachment 5 - Planning Commission Agenda Report 2023-06-28 Item 10A - Beacon’s Beach Appeal Attachment 6 - Correspondence 2023-06-28 Item 10A - Beacon’s Beach Appeal - Public Comment 10B.
Continuation of Public Hearing and Consideration of Adopting Parks and Recreation User Fee Adjustments; and Establishing the Pass-Through of Actual Credit/Debit Card Transaction and Recreation Software Processing Fees; and annual CPI adjustments from May 24, 2023. 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: Parks, Recreation and Cultural Arts Director Karlen 1) Adopt the Parks and Recreation user fees as recommended by the Parks and Recreation Commission with the addition of cancellation fees for Recreation Programs and adjustments by staff regarding Athletic Field Use Fees; 2) Adopt the establishment of pass-through of actual credit card and debit card transaction processing fees and permit processing fees through the registration software, effective August 1, 2023; 3) Adopt a fee adjustment each fiscal year by the Consumer Price Index (CPI) of the San Diego Region for the prior calendar year. The CPI will adjust as needed to reflect operational changes beginning August 1, 2024, and on the first day of each July thereafter; and 4) Approve City Council Resolution No. 2023-59, titled, "A Resolution of the City Council of the City of Encinitas Amending the Parks and Recreation User Fees." 2023-06-28 Item 10B Parks and Recreation Fees
2023-06-28 Item 10B Parks and Recreation Fees - Presentation 10C.
Public Hearing and Introduction of Ordinance No. 2023-06 adding Chapter 2.35 to the Encinitas Municipal Code to establish the Public Health and 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. Contact Person: Government & Community Relations Administrator Bates 1) Conduct a Public Hearing and 2) Introduce Ordinance No. 2023-06, titled "An Ordinance of the City Council of the City of Encinitas, California, Adding Chapter 2.35 (Public Health and Safety Commission) to Title 2 (Administration) of the Encinitas Municipal Code to Establish a Public Health and Safety Commission." 2023-06-28 Item 10C Intro Ordinance No. 2023-06
10D.
Professional Services Agreement between the City of Encinitas ("City") and Kosmont Companies to provide Surplus Lands Act real estate advisory services for the L-7 City owned site at 634 Quail Gardens Drive. Environmental Considerations: The action before the City Council is categorically 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: Planning Manager Anders Authorize the City Manager, in coordination with the City Attorney, to execute a second amendment to an existing Professional Services Agreement, in substantial form to add additional funding of $35,000 and extend the term of the contract to expire on February 2, 2026, and approve the Proposal of Services for additional real estate advisory services as outlined in Amendment No. 2. 2023-06-28 Item 10D Kosmont Agreement L7
2023-06-28 Item 10D Kosmont Agreement L7 - 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.
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 AUGUST 9, 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.