City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, AUGUST 9, 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
3. PLEDGE OF ALLEGIANCE
2. ROLL CALL
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
4A.
Presentation of Proclamation recognizing the Solana Center’s 40th Anniversary
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. 4A.
Presentation of Proclamation recognizing the Solana Center’s 40th Anniversary
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 21, 2023, Special Joint Meeting with the Planning Commission; June 21, 2023, Regular Meeting; June 28, 2023, Special Meeting; June 28, 2023, Regular Meeting; June 29, 2023, Special Closed Session Meeting; July 5, 2023, Special Closed Session Meeting, and July 20, 2023, Special Closed Session Meeting. Contact Person: City Clerk Hollywood Approve the Minutes.
2023-08-09 Item 08B Minutes
2023-08-09 Item 08B Minutes - Corrected Page 30 of 35 - Posted 080923 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. 2023-08-09 Item 08C Approval of Warrants List
8D.
Acceptance of the Leucadia Streetscape Safety and Mobility Improvements Project (CS22F). Environmental Considerations: The project being considered by the City Council was evaluated pursuant to the California Environmental Quality Act, which resulted in the Final Environmental Impact Report for the North Coast Highway 101 Streetscape Improvement Project (10-035 DR/CDP/EIR and 10-036 GPA/SPA/LCPA). Contact Person: Principal Engineer Widelski 1) Authorize the filing of the Notice of Completion for the subject project; 2) Authorize the release of the payment bond in full upon the recording of the Notice of Completion; 3) Authorize the release of the performance bond in full one (1) year after the recording of the Notice of Completion; and 4) Adopt City Council Resolution No. 2023-63, titled "A Resolution of the City of Encinitas City Council Accepting the Leucadia Streetscape Safety and Mobility Improvements Project" accepting the public improvements for the Leucadia Streetscape Safety and Mobility Improvements Project as complete to the satisfaction of the City. 2023-08-09 Item 08D Leucadia StrScp Safety Mobility Improvements Project NOC (CS22F) 2023-08-09 Item 08D 2023-063 - Corrected Resolution Posted 08092023 8E.
Authorization to Purchase Replacement Combination Sewer and Storm Drain Cleaning Truck. 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 replacement/purchase of the described equipment from Municipal Maintenance Equipment in accordance with the proposal, for an amount not-to exceed $614,121 ($584,877, plus a five percent contingency of $29,244); 2) Adopt Resolution 2023-91, titled "A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2023-24 Budget" approving an off-cycle appropriation to the Fiscal Year 2023-24 operating budget for the Equipment Replacement Fund (Fund 623); 3) Authorize the Finance Director to seek lease-financing for the purchase, in accordance with Council Policy F030 to finance equipment purchases of $100,000 or more, under terms and conditions acceptable to the Finance Director; and 4) Adopt Resolution 2023-92, titled "A Resolution of the City Council 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." 2023-08-09 Item 08E FY24 WWC Combination Sewer Cleaner Replacement 8F.
Acceptance of the following FY 2022-23 Quick-Build Projects: Cardiff Sports Park Backstop Replacement (CP04G), La Costa Walkway Project (CS18E and CS11C), La Costa Walkway Extension Project (CS18E), Manchester Avenue Pedestrian Improvements Project (CS18E and CS01E), Manchester Avenue Guardrail Project (CS18E), North Coast Highway 101 Bike Lane Revisions Project (CS04D), and the Rancho Santa Fe Drive ADA Ramps Project (CS16C). Environmental Considerations: The actions being considered by the City Council are exempt from the California Environmental Quality Act (CEQA) because they are not "projects" under Section 15378(b)(5) of CEQA Guidelines. The actions involve 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 filing of the Notices of Completion for the subject projects; 2) Authorize the release of payment (labor & materials) bonds for the applicable subject projects in full upon the recording of the Notices of Completion; 3) Authorize the release of performance bonds for the applicable subject projects in full upon the recording of the Notices of Completion; 4) Authorize the release of maintenance bonds for the applicable subject projects in full one (1) year after the recording of the Notices of Completion; 5) Adopt City Council Resolution 2023-77 titled "A Resolution of the City of Encinitas City Council Accepting the Cardiff Sports Park Backstop Replacement Project" accepting the public improvements as complete to the satisfaction of the City; 6) Adopt City Council Resolution 2023-78 titled "A Resolution of the City of Encinitas City Council Accepting the La Costa Walkway Project" accepting the public improvements as complete to the satisfaction of the City; 7) Adopt City Council Resolution 2023-79 titled "A Resolution of the City of Encinitas City Council Accepting the La Costa Walkway Extension Project" accepting the public improvements as complete to the satisfaction of the City; 8) Adopt City Council Resolution 2023-80 titled "A Resolution of the City of Encinitas City Council Accepting the Manchester Avenue Pedestrian Improvements Project" accepting the public improvements as complete to the satisfaction of the City; 9) Adopt City Council Resolution 2023-81 titled "A Resolution of the City of Encinitas City Council Accepting the Manchester Avenue Guardrail Project" accepting the public improvements as complete to the satisfaction of the City; 10) Adopt City Council Resolution 2023-82 titled "A Resolution of the City of Encinitas City Council Accepting the North Coast Highway 101 Bike Lane Revisions Project" accepting the public improvements as complete to the satisfaction of the City; and 11) Adopt City Council Resolution 2023-83 titled "A Resolution of the City of Encinitas City Council Accepting the Rancho Santa Fe Drive ADA Ramps Project" accepting the public improvements as complete to the satisfaction of the City. 2023-08-09 Item 08F FY22-23 Quick Build CUPCCAA NOCs
8G.
Ratify a Grant Application for the United States Department of Transportation (DOT) FY2023 Safe Streets and Roads for All (SS4A) program for the La Costa Avenue Pedestrian Improvements Project. 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 Engineer Cabrera Ratify the grant application to the United States Department of Transportation Safe Streets and Roads for All for the La Costa Avenue Pedestrian Improvements Project grant. 2023-08-09 Item 08G Grant Auth SS4A for La Costa Ped Project 8H.
Adopt 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 involved 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. 2023-06 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." 2023-08-09 Item 08H Adoption of Ord 2023-06 Public Health & Safety Commission 8I.
Amendment No. 2 to the Contract for Monitoring and Service of Fire and Security Alarm Systems between the City of Encinitas and Progressive Technology Security Systems, 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. Contact Person: Senior Management Analyst Stratakis Approve and authorize the City Manager, or her designee, to execute Amendment No. 2 to the Contract for Monitoring and Service of Fire and Security Alarm Systems between the City of Encinitas and Progressive Technology Security Systems, Inc., in substantial form, in consultation with the City Attorney. Amendment No. 2 increases the original contract in an amount of $71,333, for a total contract amount not-to-exceed $725,760. 2023-08-09 Item 08I Progressive Technology Amendment #2 8J.
Emergency Declaration: Sewer Line Failure at Swami’s Beach Restrooms, 1298 South Coast Hwy 101. 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 Management Analyst Stratakis Authorize emergency repairs to sewer system at Swami's Beach restrooms under the Emergency Declaration. 2023-08-09 Item 08J Emergency Declaration Swami’s Restrooms
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 amendments to the General Plan to update the Safety Element, amend the Resource Management Element, and amend the Local Coastal Program. 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.
Pursuant to State California Environmental Quality Act (CEQA) Guideline Section 15162, staff reviewed the previously adopted Safety Element associated environmental documents and determined that a subsequent Environmental Impact Report (EIR) or a Negative Declaration (ND) is not required for the update to the City of Encinitas Safety Element in that substantial changes are not proposed to the draft document, the circumstances to which the 1995 Safety Element was adopted have not changed, and no new information of substantial importance or new impacts have arisen since the prior environmental documents have been certified. Although new goals, policies, and implementation programs are proposed with the Safety Element update, they do not contribute to having a significant effect upon the environment as they are directed at avoidance of impacts through recognition and control over specific conditions that may arise with a development project, request further study and analysis of specific topics, or promote educational outreach efforts.
Additionally, in accordance with the CEQA Guidelines, the proposed General Plan Safety Element update has been determined to be an exempted project pursuant to Section 15060(c)(2) and 15061(b)(3) in that the proposed amendments which are primarily limited to policy modifications and updates in compliance with Government Code Section 65302 (g)(1 through 9) are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will the proposed changes have the potential for causing significant effect on the environment. Pursuant to CEQA Guidelines Section 15382, "Significant effect on the environment" means "a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An economic or social change by itself shall not be considered a significant effect on the environment. A social or economic change related to a physical change may be considered in determining whether the physical change is significant." The proposed Safety Element update is in compliance with current State General Plan requirements, will not substantially affect, potentially substantially affect, or change the City’s land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic resources as all potential changes have been thoroughly considered and will act to protect the environment by minimizing the potential spread of wildfire or any other natural disasters, which are intended to result in the reduction of potential short and long-term community risks resulting from fires, floods, droughts, earthquakes, landslides, climate change, and other related hazards. Contact Person: Housing Services Manager Dacey 1) Adopt City Council Resolution No. 2023-50 titled "A Resolution of the City Council of the City of Encinitas to Adopt Amendments to the General Plan Safety Element, Resource Management Element Policy 10.1 and the Local Coastal Program"; 2) Adopt City Council Resolution No. 2023-51 titled "A Resolution of the City Council of the City of Encinitas to Authorize Submittal of the Local Coastal Program Components of the Amendments to the General Plan Safety Element and Resource Management Element Policy 10.1 to the California Coastal Commission"; and 3) Receive and file the Climate Adaptation Vulnerability Assessment that was completed as a part of the Safety Element Update. 2023-08-09 Item 10A Safety Element Update
2023-08-09 Item 10A Safety Element Update - Staff Presentation 10B.
City Council review and approval of the responses to the May 9, 2023, San Diego County Grand Jury Report on the topic of "Housing in San Diego County." 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: Housing Services Manager Dacey and Planning Manager Anders Authorize the City Manager to submit the responses to the findings and recommendations included in the May 9, 2023, San Diego County Grand Jury Report on the topic of "Housing in San Diego County" to the Presiding Judge of the San Diego Superior Court. 2023-08-09 Item 10B Grand Jury Response
2023-08-09 Item 10B Grand Jury Response - Public Comment 10C.
All-Way Stop Control (AWSC) at the Intersection of Eolus Avenue, Andrew Avenue and Hillcrest Drive. 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. The proposed project involves signing and striping changes on an existing public street and does not create additional automobile lanes and meets the CEQA criteria for this exemption. Contact Person: City Traffic Engineer Bandegan Adopt resolution 2023-96 titled, "A Resolution of the City of Encinitas City Council Establishing All-Way Stop Control at the intersection of Eolus Avenue, Andrew Avenue and Hillcrest Drive." 2023-08-09 Item 10C Andrew-Eolus-Hillcrest AWSC
2023-08-09 Item 10C Andrew-Eolus-Hillcrest AWSC - Handout Received 2023-08-09 Item 10C Andrew-Eolus-Hillcrest AWSC - 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. 10A.
Public hearing to consider amendments to the General Plan to update the Safety Element, amend the Resource Management Element, and amend the Local Coastal Program. 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.
Pursuant to State California Environmental Quality Act (CEQA) Guideline Section 15162, staff reviewed the previously adopted Safety Element associated environmental documents and determined that a subsequent Environmental Impact Report (EIR) or a Negative Declaration (ND) is not required for the update to the City of Encinitas Safety Element in that substantial changes are not proposed to the draft document, the circumstances to which the 1995 Safety Element was adopted have not changed, and no new information of substantial importance or new impacts have arisen since the prior environmental documents have been certified. Although new goals, policies, and implementation programs are proposed with the Safety Element update, they do not contribute to having a significant effect upon the environment as they are directed at avoidance of impacts through recognition and control over specific conditions that may arise with a development project, request further study and analysis of specific topics, or promote educational outreach efforts.
Additionally, in accordance with the CEQA Guidelines, the proposed General Plan Safety Element update has been determined to be an exempted project pursuant to Section 15060(c)(2) and 15061(b)(3) in that the proposed amendments which are primarily limited to policy modifications and updates in compliance with Government Code Section 65302 (g)(1 through 9) are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will the proposed changes have the potential for causing significant effect on the environment. Pursuant to CEQA Guidelines Section 15382, "Significant effect on the environment" means "a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An economic or social change by itself shall not be considered a significant effect on the environment. A social or economic change related to a physical change may be considered in determining whether the physical change is significant." The proposed Safety Element update is in compliance with current State General Plan requirements, will not substantially affect, potentially substantially affect, or change the City’s land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic resources as all potential changes have been thoroughly considered and will act to protect the environment by minimizing the potential spread of wildfire or any other natural disasters, which are intended to result in the reduction of potential short and long-term community risks resulting from fires, floods, droughts, earthquakes, landslides, climate change, and other related hazards. Contact Person: Housing Services Manager Dacey 1) Adopt City Council Resolution No. 2023-50 titled "A Resolution of the City Council of the City of Encinitas to Adopt Amendments to the General Plan Safety Element, Resource Management Element Policy 10.1 and the Local Coastal Program"; 2) Adopt City Council Resolution No. 2023-51 titled "A Resolution of the City Council of the City of Encinitas to Authorize Submittal of the Local Coastal Program Components of the Amendments to the General Plan Safety Element and Resource Management Element Policy 10.1 to the California Coastal Commission"; and 3) Receive and file the Climate Adaptation Vulnerability Assessment that was completed as a part of the Safety Element Update. 10A.
Public hearing to consider amendments to the General Plan to update the Safety Element, amend the Resource Management Element, and amend the Local Coastal Program. 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.
Pursuant to State California Environmental Quality Act (CEQA) Guideline Section 15162, staff reviewed the previously adopted Safety Element associated environmental documents and determined that a subsequent Environmental Impact Report (EIR) or a Negative Declaration (ND) is not required for the update to the City of Encinitas Safety Element in that substantial changes are not proposed to the draft document, the circumstances to which the 1995 Safety Element was adopted have not changed, and no new information of substantial importance or new impacts have arisen since the prior environmental documents have been certified. Although new goals, policies, and implementation programs are proposed with the Safety Element update, they do not contribute to having a significant effect upon the environment as they are directed at avoidance of impacts through recognition and control over specific conditions that may arise with a development project, request further study and analysis of specific topics, or promote educational outreach efforts.
Additionally, in accordance with the CEQA Guidelines, the proposed General Plan Safety Element update has been determined to be an exempted project pursuant to Section 15060(c)(2) and 15061(b)(3) in that the proposed amendments which are primarily limited to policy modifications and updates in compliance with Government Code Section 65302 (g)(1 through 9) are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will the proposed changes have the potential for causing significant effect on the environment. Pursuant to CEQA Guidelines Section 15382, "Significant effect on the environment" means "a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An economic or social change by itself shall not be considered a significant effect on the environment. A social or economic change related to a physical change may be considered in determining whether the physical change is significant." The proposed Safety Element update is in compliance with current State General Plan requirements, will not substantially affect, potentially substantially affect, or change the City’s land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic resources as all potential changes have been thoroughly considered and will act to protect the environment by minimizing the potential spread of wildfire or any other natural disasters, which are intended to result in the reduction of potential short and long-term community risks resulting from fires, floods, droughts, earthquakes, landslides, climate change, and other related hazards. Contact Person: Housing Services Manager Dacey 1) Adopt City Council Resolution No. 2023-50 titled "A Resolution of the City Council of the City of Encinitas to Adopt Amendments to the General Plan Safety Element, Resource Management Element Policy 10.1 and the Local Coastal Program"; 2) Adopt City Council Resolution No. 2023-51 titled "A Resolution of the City Council of the City of Encinitas to Authorize Submittal of the Local Coastal Program Components of the Amendments to the General Plan Safety Element and Resource Management Element Policy 10.1 to the California Coastal Commission"; and 3) Receive and file the Climate Adaptation Vulnerability Assessment that was completed as a part of the Safety Element Update.
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 16, 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.