City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, JANUARY 24, 2024 -
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
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
4A.
Presentation of Proclamation Declaring January 2024, Blood Donor Month 2024-01-24 Item 05 Oral Communication Received
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
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. 2024-01-24 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 January 10, 2024, Special Meeting. Contact Person: City Clerk Hollywood Approve the Minutes.
2024-01-24 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. 2024-01-24 Item 08C Approval of Warrants List
8D.
Acceptance of the Moonlight Beach Barrels and Storm Water Repairs Project (CD23B). 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: Senior Engineer Cabrera 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. 2024-08, titled "A Resolution of the City Council of the City of Encinitas, California, Accepting the Moonlight Beach Barrels and Storm Water Repairs Project (CD23B." 2024-01-24 Item 08D Moonlight Beach Barrels NOC
8E.
Amend the Pacific View Site Project (CF20D) budget to appropriate $161,682 to fund building occupancy expenses; and increase the Not-to-Exceed Amount on the Conan Construction, Inc. Contract for the Pacific View Site Project (CF20D) from $5,471,400 to $5,807,374. 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) Adopt City Council Resolution No. 2024-17 titled, "A Resolution of the City Council of the City of Encinitas, California Amending the Fiscal Year 2023-2024 Budget" to Appropriate $161,682 to Project No. CF20D, Pacific View Site Project; and 2) Increase the Not-to-Exceed Amount on the Conan Construction, Inc. Contract for the Pacific View Site Project (CF20D) by $335,974 from $5,471,400 to $5,807,374. 2024-01-24 Item 08E Increase NTE for Conan at Pacific View 2024-01-24 Item 08E Increase NTE for Conan at Pacific View - Exhibit A to Resolution 2024-17 posted 01-22-24
9. ITEMS REMOVED FROM THE CONSENT CALENDAR Staff reports will be given only if requested by the person who pulled the item.
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.
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.
Presentation of the City’s Annual Comprehensive Financial Report (ACFR) for the Fiscal Year ended June 30, 2023, and Proposed Budget Amendments. 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. Finance Manager Attili 1) Accept and file the Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2023; and 2) Adopt City Council Resolution 2024-10, entitled "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget." 2024-01-24 Item 10A Presentation of the City’s Annual Comprehensive Financial Report for Fiscal Year 2022-23 2024-01-24 Item 10A Presentation of the City’s Annual Comprehensive Financial Report for Fiscal Year 2022-23 - Staff Presentation 10B.
Award of contract to Retread Incorporated to provide operational services for the Buena Creek Navigation Center (BCNC) and authorize the City Manager to enter into a Master Lease Agreement for the BCNC. Environmental Considerations: The action being considered by the City Council not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines since the actions are not a "project" as per Section 15378(b)(5). The actions involve organizational or administrative activities of government that will not result in direct or indirect physical change in the environment. Contact Persons: Policy and Housing Planning Manager Anders and Housing Services Manager Dacey 1) Adopt Resolution No. 2024-13, titled "A Resolution of the City Council of the City of Encinitas, California, Approving an Agreement with Retread Inc. to provide Buena Creek Navigation Center (BCNC) operator services;" 2) Adopt Resolution No. 2024-14, titled "A Resolution of the City Council of the City of Encinitas, California, Authorizing the City Manager, in consultation with the City Attorney, to execute the Master Lease Agreement for the Buena Creek Navigation Center (BCNC);" and 3) Adopt Resolution No. 2024-07, titled, "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget." 2024-01-24 Item 10B Buena Creek Navigation Center
2024-01-24 Item 10B Buena Creek Navigation Center - Public Comment 2024-01-24 Item 10B Buena Creek Navigation Center - Staff Presentation 10C.
Second Amendment to the Professional Services Agreement between the City of Encinitas and HdL Companies for Cannabis Management Services; and Initiation of Amendments to the Municipal Code and the Local Coastal Program to Implement State Law SB 1186; and Status Update on Cannabis Retailers. Environmental Considerations: The actions before the City Council are not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines since the actions are not a "project" pursuant to Section 15378(b)(5). The actions involve 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: Senior Planner Jedynak 1) Authorize the City Manager, in coordination with the City Attorney, to execute a Second Amendment to the Professional Consultant Services Agreement, in substantial form, for Cannabis Management Services with HdL Companies; 2) Adopt Resolution No. 2024-11 titled "A Resolution of the City Council of the City of Encinitas, California Amending the Fiscal Year 2023-24 Budget"; 3) Adopt Resolution No. 2024-12 titled "A Resolution of the City Council of the City of Encinitas, California, Directing Staff to Initiate Amendments to the Municipal Code and the Local Coastal Program to Implement State Law SB 1186 Allowing Non-Storefront Medicinal Cannabis Delivery;" and 4) Receive a status update on retail cannabis applicants. 2024-01-124 Item 10C HdL Cannabis Contract Extension
2024-01-24 Item 10C HdL Cannabis Contract Extension - Staff Presentation 10D.
Consideration of the new Athletic Field Use and Allocation Policy. 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 the proposed Athletic Field Use and Allocation Policy. 2024-1-24 Item 10D Athletic Field Use & Allocation Policy 2024-01-24 Item 10D Athletic Field Use & Allocation Policy - Staff Presentation
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 FEBRUARY 14, 2024 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.