City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, DECEMBER 13, 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 Proclamation to Trish Dugger as Poet Laureate 4B.
Presentation of Quarterly Sheriff’s Update
2023-12-13 Item 04B Quarterly Sheriff’s Update - Staff Presentation
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. 2023-12-13 Item 05 Oral Communications 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 November 08, 2023, Regular Meeting; November 15, 2023, Special Joint Session Meeting with the Infrastructure Task Force; and November 15, 2023, Regular Meeting. Contact Person: City Clerk Hollywood Approve the Minutes.
2023-12-13 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. 2023-12-13 Item 08C Approval of Warrants List
8D.
Consideration of Proposed Changes to the 2024 calendar year City Council Meeting Schedule. 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 Approve the proposed changes to the 2024 calendar year City Council Meeting Schedule and adopt City Council Resolution 2023-119, titled "A Resolution of the City Council of the City of Encinitas, California, Approving Changes to the Calendar Year 2024 City Council Meeting Schedule." 2023-12-13 Item 08D City Council Meeting Schedule 2024
8E.
Adoption of City Council Ordinance No. 2023-11 reflecting revisions to Encinitas Municipal Code (EMC) Chapters, 12.16, 12.20 and 2.28. 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: Senior Human Resources Analyst Chase Staff recommends that City Council adopt Ordinance No. 2023-11, titled "An Ordinance of the City Council of the City of Encinitas, California, Amending Chapters 12.16, 12.20 and 2.28 of the Encinitas Municipal Code." 2023-12-13 Item 08E Muni Code Changes
2023-12-13 Item 08E Muni Code Changes - Public Comment
8F.
City Council consideration for a request to extend the affordable funding commitment deadline at 1150 Quail Gardens Drive for the Fox Point Farms development from December 31, 2023 to December 31, 2024. Environmental Considerations: The action being considered by the City Council is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines because it is not defined as a "project" under Section 15378(b)(5). The action involves an organizational or administrative activity of government that will not result in direct or indirect physical change in the environment. Contact Person: Housing Services Manager Dacey Extend the funding commitment for an affordable housing loan request in an amount up to $400,000 with Chelsea Investment Corporation, in partnership with Shea Homes, for the development of 40 affordable units from December 31, 2023, to December 31, 2024, subject to submission of a revised affordable housing plan and the award of tax-exempt bonds and low-income tax credits. 2023-12-13 Item 08F Fox Point Affordable Loan Extension 8G.
Amend the current budget to appropriate $300,000 to Project No. CD05E, Storm Drain Repair, to fund repair projects; and increase the Not-to-Exceed Amount on the Beador Construction Contract for the Moonlight Beach Barrels and Storm Water Repairs project from $1,373,445 to $1,620,680. 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 1) Adopt City Council Resolution No. 2023-136 titled, "A Resolution of the City Council of the City of Encinitas, California Amending the Fiscal Year 2023-2024 Budget" to Appropriate $300,000 to Project No. CD05E Storm Drain Repair; and 2) Increase the Not-to-Exceed Amount on the Beador Construction Contract for the Moonlight Beach Barrels and Storm Water Repairs project from $1,373,445 to $1,620,680. 2023-12-13 Item 08G Moonlight Beach Barrels and Storm Water Repairs Budget Amendment (CD05E)_FINALCOMBINED 8H.
Approval of off-cycle budget adjustment for Housing Choice Voucher (HCV) Program. Environmental Considerations: The action being considered by the City Council is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines because it is not defined as a "project" under Section 15378(b)(5). The action involves an organizational or administrative activity of government that will not result in direct or indirect physical change in the environment. Contact Person: Management Analyst Schubert Approve City Council Resolution No. 2023-137, titled, "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget" for the Housing Choice Voucher (HCV) (previously known as Section 8) Program. 2023-12-13 Item 08H Budget Amendment Housing Choice Voucher (HCV) Program 8I.
Acceptance of the South Coast Highway 101 Cycle Track Phase II Project (CS22C). Environmental Considerations: The actions being considered by the City Council are 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: Engineer II Barr 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 Notices of Completion; and 4) Adopt City Council Resolution No. 2023-133, titled "A Resolution of the City Council of the City of Encinitas, California, Accepting the South Coast Highway 101 Cycle Track Phase II Project (CS22C)." 2023-12-13 Item 08I NOC S. Coast Hwy 101 Cycle Track
8J.
Stormwater Program Implementation Professional Services Agreement. 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: Environmental Programs Manager Steenblock Authorize the City Manager, or her designee, in consultation with the City Attorney and in substantial form, to execute a three-year agreement between the City of Encinitas and WSP USA Environment and Infrastructure, Inc., to provide technical support services for the City's Stormwater Management Program, for a total not-to-exceed contract amount of $238,588. 2023-12-13 Item 08J Stormwater Professional Services Agreement (WSP USA) 8K.
Approve as-needed environmental services agreements for discretionary planning projects. 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 Danna Authorize the City Manager, in consultation with the City Attorney, to execute agreements in substantial form with Michael Baker International, Inc., Recon Environmental, Inc., and Chambers Group, Inc. as set forth in Attachments 1-3, and any necessary amendments and time extensions. Each agreement will be for an annual amount of $150,000 and a total agreement amount not to exceed of $675,000 over the four-and-one-half-year period for each firm if both renewal options are exercised after the initial two-and-one-half-year term (to align with the fiscal year). 2023-12-13 Item 08K CEQA Approve as-needed environmental services agreements 8L.
Approval of street list and authorization to advertise the FY 2023-24 Citywide Street Overlay and Slurry Seal Project (CS24A). Environmental Considerations: The actions being considered by the City Council are exempt from the California Environmental Quality Act (CEQA) because they are not a "project" under Section 15378(b)(5) of CEQA Guidelines. The actions involve organizational or administrative activities of government that will not result in the direct or indirect physical change in the environment. Contact Person: Senior Engineer Cabrera 1) Approve the street list for the FY 2023-24 Citywide Street Overlay and Slurry Seal Project (CS24A); and 2) Authorize advertisement of the FY 2023-24 Citywide Street Overlay and Slurry Seal Project (CS24A). 2023-12-13 Item 08L FY23-24 Paving Street List
2023-12-13 Item 08L FY23-24 Paving Street List - Public Comment 8M.
Year two assessment of the BCycle Bikeshare Pilot Program and recommendation to extend the license agreement with BCycle for two years, in accordance with the agreement terms. 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 direct or indirect physical change in the environment. Contact Person: Mobility Manager Buck 1) Review BCycle Bikeshare Program Year Two Assessment Report; and 2) Authorize the City Manager, in consultation with the City Attorney, to execute an amendment to the license agreement with BCycle to extend bikeshare service for two (2) years in substantial form. 2023-12-13 Item 08M BCycle Bikeshare License Agreement
8N.
Authorization to Execute a Contract with TACenergy, LLC for Renewable Diesel Fuel Delivery. 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: Environmental Programs Manager Steenblock Authorize the City Manager, or her designee, to execute a contract in substantial form in consultation with the City Attorney, between the City of Encinitas and TACenergy, LLC to provide renewable diesel fuel delivery to the Public Works Facility (160 Calle Magdalena), Fire Station #3 (801 Orpheus Avenue) and Fire Station #4 (2011 Village Park Way) for one initial three-year term, and authorize the City Manager to extend the contract for two (2) additional one-year terms for a total contract term not to exceed five years and a not-to-exceed contract amount of $885,570. 2023-12-13 Item 08N Renewable Diesel Agreement
8O.
Consider Design and Plans and Request to Advertise for the Olivenhain Trail Enhancements Project (CP23E). 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 Baldenegro 1) Approve the plans for the Olivenhain Trail Enhancements Project; 2) Authorize the advertisement of the Olivenhain Trail Enhancements Project for construction bids; and 3) Adopt Resolution No. 2023-144 titled, "A Resolution of the City Council of the City of Encinitas, Approving the Design and Plans for Construction of the Olivenhain Trail Improvements project, pursuant to Government Code Section 830.6." 2023-12-13 Item 08O Olivenhain Trail Design Immunity
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 and Introduction of Ordinance 2023-07, an Ordinance of the City of Encinitas, California, adding Encinitas Municipal Code Chapter 9.85 - Shopping Cart Ordinance. 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: Environmental Project Manager Steenblock 1) Open the Public Hearing; and 2) Introduce Ordinance 2023-07, titled "An Ordinance of the City Council of the City of Encinitas, California, adding Chapter 9.85 "Shopping Carts" to the Encinitas Municipal Code to Require Containment of Shopping Carts on Business Premises and Making it Unlawful to Remove a Shopping Cart Therefrom." 2023-12-13 Item 10A Shopping Cart Ordinance Intro
2023-12-13 Item 10A Shopping Cart Ordinance Intro - Public Comment 10B.
Discussion and selection of the Deputy Mayor. 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 Council to select one of its members as Deputy Mayor.
2023-12-13 Item 10B Selection of Deputy Mayor
2023-12-13 Item 10B Selection of Deputy Mayor - Public Comment 10C.
Legislative Policy and Priorities (C024) Review and Discussion for potential updates for the 2024 Legislative Season. 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: Assistant City Manager Campbell Review and discuss the Legislative Program and provide direction to staff for changes to the draft 2024 policy or priorities. 2023-12-13 Item 10C Legislative Policy and Priorities
2023-12-13 Item 10C Legislative Policy and Priorities - Public Comment 10D.
Design and Plans for Safety Enhancement Projects for Bicycle Facilities. Environmental Considerations: It has been determined that 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, striping, and repair are proposed on an existing public street and does not create additional automobile lanes. The proposed project meets the criteria for this exemption. Contact Person: City Traffic Engineer Bandegan 1) Approve the plans for safety enhancement projects for bicycle facilities; and 2) Adopt Resolution No. 2023-142, titled, "A Resolution of the City Council of the City of Encinitas, California, Approving the Design and Plans for Safety Enhancement Projects for Bicycle Facilities, Pursuant to Government Code Section 830.6." 2023-12-13 Item 10D Potential Safety Enhancement Projects for Bicycling in Encinitas 2023-12-13 Item 10D Potential Safety Enhancement Projects for Bicycling in Encinitas - Updated Page 2 posted 120723 2023-12-13 Item 10D Potential Safety Enhancement Projects for Bicycling in Encinitas - Public Comment 2023-12-13 Item 10D Potential Safety Enhancement Projects for Bicycling in Encinitas - Staff Presentation
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. 11A.
Mobility Update. Contact Person: Mobility Manager Buck Receive the oral report.
2023-12-13 Item 11A Mobility Presentation
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. 11A.
Mobility Update. Contact Person: Mobility Manager Buck Receive the oral report.
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 DECEMBER 20, 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.