City of Encinitas
Regular City Council Meeting - 6:00 p.m. - AMENDED Item 4A Updated AGENDA
WEDNESDAY, SEPTEMBER 20, 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 in recognition of Native American Day on September 22, 2023.
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. 2023-09-20 Item 05 Oral Communication Received
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 September 6, 2023, Special-Closed Session Meeting. Contact Person: City Clerk Hollywood Approve the Minutes.
2023-09-20 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. 2023-09-20 Item 08C Approval of Warrants List
8D.
Alert & Warning Memorandum of Agreement between the County of San Diego and the City of Encinitas. 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 Authorize the City Manager, or designee, in consultation with the City Attorney, to execute a Memorandum of Agreement with the County of San Diego for the Alert & Warning System in substantial form. 2023-09-20 Item 08D Alert & Warning MOA with County of San Diego 8E.
Authorization to enter into a Professional Services Agreement with Water Works Engineers LLC to provide On Call Wastewater Engineering Services for various Engineering Task Orders. 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 Block Authorize the City Manager, or designee, in consultation with the City Attorney, to execute an agreement with Water Works Engineers LLC for professional engineering services in substantial form, in the amount of $200,000 per year for a three-year term, with options to extend upon mutual consent, for two additional one-year terms in an amount not to exceed $200,000 per year for a not to exceed five year term and for a total agreement cost not to exceed $1,000,000. 2023-09-20 Item 08E On Call Wastewater Engineering Contract 8F.
Amendment #1 to the RailPros agreement for the Leucadia At-Grade Rail Crossing project to add $374,925 for preliminary engineering and environmental development, and a formal application to the California Public Utilities Commission (CPUC). Environmental Considerations: The action to perform preliminary analysis and submit an application 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: Principal Engineer Widelski Authorize the City Manager or designee to execute agreement Amendment #1 in substantial form and any necessary amendments and time extensions, in consultation with the City Attorney, with RailPros for $374,925 for preliminary engineering and environmental analysis and formal CPUC application preparation for two at-grade rail corridor crossings in Leucadia, for a new total agreement cost not-to-exceed $644,825. 2023-09-20 Item 08F At-Grade Crossings-CPUC Application 2023-09-20 Item 08F At-Grade Crossings-CPUC Application - RailPros Phase 1 Final Memo posted 09-18-2023 2023-09-20 Item 08F At-Grade Crossings-CPUC Application - Public Comment 8G.
Authorization to enter into a Professional Services Agreement with Dudek to provide engineering services for the Sewer Risk Assessment and Improvement Implementation Plan. 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 Block Authorize the City Manager, or designee, in consultation with the City Attorney, to execute an agreement with Dudek for professional engineering services in substantial form, and any necessary amendments and time extensions, in the amount of $275,140, together with a contingency of nine percent, equal to $24,763 for a total not-to-exceed amount of $299,903. 2023-09-20 Item 08G Sewer Risk Assessment Contract
8H.
Appointment to the Urban Forest Advisory Committee (UFAC) to fill one vacancy. 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 The City Council approve the Mayor's recommendation to appoint Linda Schneider to the UFAC to fill one vacancy. 2023-09-20 Item 08H UFAC Appointment
8I.
Award a construction contract for the FY 2022-23 Safe Routes to School Project (CS01E) to Miramar General Engineering. Environmental Considerations: The action being considered by the City Council 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. Contact Person: Engineer II Barr 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 Miramar General Engineering, in the amount of $113,350 plus 15 percent contingency of $17,003 for a total construction contract not-to-exceed amount of $130,353 for construction of the FY 2022-23 Safe Routes to School Project. 2023-09-20 Item 08I Safe Routes FY22-23 Contract Award Updated 9-18-2023 Added Attachemnt 1 Apendix A & B 8J.
Approve Amendment No. 2 to the Contract for Maintenance of Mechanical (HVAC) Systems at City Facilities Between the City of Encinitas and Countywide Mechanical Systems, LLC. 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 A) Increase the initial three-year period not-to-exceed cost by an additional amount of $40,949; and B) Extend the contract term for an additional one-year period, which will run through March 31, 2025, in the amount of $163,968 ($88,968 for scheduled maintenance in Year 4, plus $75,000 in unanticipated repair and replacement costs for Years 4-6) for a total cost of $643,102 for the four-year period and a total not-to-exceed contract cost of $825,205 over the six-year period, if the additional terms are exercised. 2023-09-20 Item 08J Countywide Amendment 2
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 FY 2022-23 Block Grant (CDBG) Program Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development. 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 Schubert 1) Approve the FY 2022-23 CAPER; and 2) Authorize the City Manager or designee to submit the FY 2022-23 CAPER to the U.S. Department of Housing and Urban Development (HUD). 2023-09-20 Item 10A CDBG CAPER Agenda Report
2023-09-20 Item 10A CDBG CAPER Agenda Report - Public Comment 10B.
Financing the acquisition of property at the northeast corner of Highway 101 and La Costa Avenue, Encinitas, California and declaring intent to issue bonds to be used to reimburse the City for expenditures prior to the issuance of such bonds. Environmental Considerations: This action is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(5) of the CEQA Guidelines, as an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment. Contact Person: Director of Finance/City Treasurer McBroome 1) Approve the funding of the purchase of the property from the Contingency Reserve; 2) Authorize the financing to reimburse the Contingency Reserve and Adopt Resolution No. 2023-103, titled "A Resolution of the City Council of the City of Encinitas, California, Declaring Its Intent to Issue Tax-Exempt Bonds to be Used to Reimburse the City for Expenditures Prior to the Issuance of Such Bonds"; and 3) Adopt Resolution No. 2023-102, titled "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget." 2023-09-20 Item 10B Financing of Property
2023-09-20 Item 10B Financing of Property - 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 SEPTEMBER 27, 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.