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Agenda, first session

Encinitas City Council
August 16, 2023

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Agenda, first session
Meeting
August 16, 2023
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Encinitas City Council
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Text extracted from the city's file for reading and search. Open the original on encinitas.granicus.com. That file is the official record.

City of Encinitas
Regular City Council Meeting - 6:00 p.m.

AGENDA
WEDNESDAY, AUGUST 16, 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.

Presentation of the Quarterly Sheriff’s Update

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. 2023-08-16 Item 08B Approval of Warrants List
8C.

Memorandum of Understanding between the City of Encinitas and the Encinitas Chamber of Commerce for a community special event.  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: Recreation Services Manager Hamer Approve and authorize the City Manager in coordination with the City Attorney, to execute a Memorandum of Understanding (MOU) in substantial form, between the City of Encinitas and the Encinitas Chamber of Commerce to provide a Health and Wellness Expo scheduled for Saturday, February 10, 2024, at the Encinitas Community and Senior Center. 2023-08-16 Item 08C Chamber of Commerce MOU
8D.

Amendment No. 1 for as-needed Citywide graffiti abatement and property cleanup services with Can-Do Maintenance, 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 organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.  Contact Person: Parks Operations Manager Norgard Authorize the City Manager to execute Amendment No. 1 with Can-Do Maintenance, Inc. for Citywide graffiti abatement services, in conjunction with the City Attorney in substantial form, adding services for the Parks, Recreation and Cultural Arts Department, and increasing the agreement not to exceed amount by $40,000 annually to $124,000 and a total not to exceed of $372,000 for the initial three-year term. 2023-08-16 Item 08D Graffiti Abatement - Can Do Maintinance 8E.
2022 State Homeland Security Program Grant in the amount of $32,928 for the Installation of Electronic Security Gates at Fire Station #4 and Proposed Off-cycle Fiscal Year 2023-24 Budget Amendment.  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: Fire Administrative Manager Jimenez 1) Accept $32,928 in federal funds from a 2022 State Homeland Security Program (SHSP) grant awarded to the City of Encinitas for the installation of electronic security gates at Fire Station #4; 2) Authorize the Fire Chief, or his designee, to sign and submit the required California Governor's Office of Emergency Services Standard Assurances for Cal OES Federal Non-Disaster Grant Programs; and 3) Adopt Resolution Number 2023-97, titled "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget" to appropriate the grant amount and additional funding for the gate. 2023-08-16 Item 08E FY22 SHSP ENC Award Acceptance
8F.

Ratify grant application to San Diego Association of Governments (SANDAG) Housing Acceleration Grant Program (HAP) Cycle 2 for the Regional Early Action Planning 2.0 Grant Program (REAP) for an amount of $573,000.  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: Planning Manager Anders Adopt Resolution No. 2023-95 titled "A Resolution of the City Council of the City of Encinitas, California, Ratifying and Authorizing the Filing of an Application for Grant Funds from the San Diego Association of Governments and Accepting the Terms of the Grant Agreement" and authorize the City Manager to enter into, execute and deliver an agreement with SANDAG for an amount to be awarded. 2023-08-16 Item 08F SANDAG HAP Grant Application
8G.

Adoption of City Council Resolution 2023-93 reducing the speed limit on South Coast Highway 101.  Environmental Considerations:  The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because reducing a speed limit is not a "project" that has the potential to result in a direct or reasonably foreseeable indirect physical change in the environment pursuant to Section 15378(a) of the CEQA Guidelines.  Contact Person: Traffic Engineer Bandegan Adopt City Council Resolution 2023-93, titled "A Resolution of the City Council of the City of Encinitas, California, Establishing Speed Limit on South Coast Highway 101," reducing the speed limit from 40 mph to 35 mph on South Coast Highway 101 between Swami's Pedestrian Crossing and Chesterfield Drive. 2023-08-16 Item 08G Speed Limit Reduction on South Coast Highway 101 2023-08-16 Item 08G Speed Limit Reduction on South Coast Highway 101 - 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.

City Council to consider and direct staff to initiate an ordinance implementing new housing legislation that went into effect on July 1, 2023, as enacted under Assembly Bill (AB) 2011 and Senate Bill (SB) 6.  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 a direct or indirect physical change in the environment. Environmental review will be conducted in connection with and prior to the adoption of any resulting ordinances.  Contact Person: Planning Manager Anders 1) City Council to provide specific direction on key provisions to include in the ordinance; and 2) Adopt Resolution No. 2023-98 titled "A Resolution of the City Council of the City of Encinitas, California, Directing Staff to Initiate Amendments to the Municipal Code and Local Coastal Program to Implement New Housing Bills AB 2011 and SB6 Allowing Qualifying Residential Development in Certain Zones Along Commercial Corridors." 2023-08-16 Item 10A AB2011_SB6 report
10B.

Consideration of Introduction of Ordinance 2023-08 amending Encinitas Municipal Code (EMC) Chapter 2.12 Conflict of Interest Code, Section 2.12.060(C) Designated City Positions and Section 2.12.070 Boards, Commissions, and Committees. 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 Introduce Ordinance 2023-08 titled, "An Ordinance of the City Council of the City of Encinitas, California, Amending Encinitas Municipal Code Chapter 2.12 Conflict of Interest Code, Section 2.12.060(C) Designated City Positions and Section 2.12.070 Boards, Commissions, and Committees." 2023-08-16 Item 10B Ordinance Amending Conflict of Interest Code

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 23, 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.

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