City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, FEBRUARY 28, 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
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
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. 2024-02-28 Item 05 Oral Communications
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 February 06, 2024, Special Joint Meeting with San Dieguito Water District; February 14, 2024, Special-Closed Session Meeting; and February 14, 2024, Special Meeting. Contact Person: City Clerk Hollywood Approve the Minutes.
2024-02-28 Item 08B Minutes
8C.
Acceptance of the FY 2022-23 Citywide Street Overlay and Slurry Seal Project (CS23A). 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. 2024-09, titled "A Resolution of the City Council of the City of Encinitas, California, Accepting the FY 2022-23 Citywide Street Overlay and Slurry Seal Project (CS23A)." 2024-02-28 Item 08C NOC FY 22-23 Citywide Street OL and SS 8D.
Amend the current budget to appropriate $27,965 to Project No. WC23B Traffic Study Infrastructure Improvements, otherwise known as the Safety and Mobility Improvements in the Vicinity of Housing Element Sites Study, to fund additional scope of work. 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: Engineer II Edgeworth Adopt City Council Resolution No. 2024-21 titled, "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-2024 Budget" to appropriate $27,965 to the Traffic Study Infrastructure Improvements work project (WC23B). 2024-02-28 Item 08D Increase NTE for Additional Scope to Rick Eng. Study (WC23B) 8E.
Correction to Environmental Policy - C025. 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: Sustainability Manager Najera Approve a correction to Environmental Policy - C025.
2024-02-28 Item 08E Correction to Environmental Policy C025
9. ITEMS REMOVED FROM THE CONSENT CALENDAR Staff reports will be given only if requested by the person who pulled the item.
12. COUNCIL MEMBER INITIATED AGENDA ITEM 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. 12A.
Council initiated item from Councilmember Hinze regarding support for SB 1137 and opposition to the 2024 repeal referendum which would block implementation of safety setback legislation prohibiting new or modified oil and gas wells within 3,200 feet of homes, schools, daycare centers, parks, healthcare facilities, and businesses. 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: Council Member Kellie Shay Hinze Adopt Resolution 2024-24 titled, "A Resolution of the City Council of the City of Encinitas, California, to Defend Health and Safety Setback Regulations and Endorse the Campaign for A Healthy and Safe California," and affirming support of safety setback from oil drilling near homes, schools, daycare centers, parks healthcare facilities and businesses. 2024-02-28 Item 12A Council Initiated Item Regarding Support for SB 1137 2024-02-28 Item 12A Council Initiated Item Regarding Support for SB 1137 - Public Comments
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 Draft report of the City of Encinitas Sewer Rate Cost of Service Study (Study) for the Cardiff Sanitary Division (CSD) and the Encinitas Sanitary Division (ESD) and initiation of Proposition 218 rate setting process. 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 Elmore 1) Adopt the draft Study as final; 2) Authorize mailing of notices to ratepayers, as required by Proposition 218; 3) Schedule a public hearing on April 24, 2024, to: a) Review written protests and consider adoption of Sewer Rates, as required by Proposition 218; b) Consider adoption of Capacity Fees (escalated annually to adjust for construction cost inflation); and 4) Introduce Ordinance No. 2024-01 titled, "An Ordinance of the City Council of the City of Encinitas, California, Amending Encinitas Municipal Code Chapter 18.08 Regarding Sewer Connection Fees and Sewer Service Charge." 2024-02-28 Item 10A Sewer Rate Study Prop 218 Authorization 10B.
Receive Infrastructure Task Force Final Report and Recommendations, Receive Ballot Measure Polling Results Presentation, and Amend the TeamCivX Agreement for Ballot Measure Formation and Outreach. 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: Director of Engineering Bankston 1) Receive Infrastructure Task Force Final Report and Approve its Recommendations to: a) Approve the Infrastructure Ranking Rubric; 2) Receive Presentation on Voter Survey Results; and 3) Authorize the City Manager or designee, in coordination with the City Attorney, to execute Agreement Amendment No. 1 in substantial form as contained in Attachment 2, to the Agreement for TeamCivX to conduct Phase 2 of the agreement to Conduct Outreach and Ballot Writing Services for an increase of $90,000 plus 15 percent contingency for a total increase of $103,500, from the original not-to-exceed amount of $70,000 to a new not-to-exceed amount of $173,500. 2024-02-28 Item 10B ITF Final Report Recommendations Polling Results and TeamCivX 2024-02-28 Item 10B ITF Final Report Recommendations Polling Results and TeamCivX - Amended Pages 177 of 179 posted 02-28-2024 10C.
Pacific View Arts Center Start Up and Operations. 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: Arts Program Administrator Murphy 1) Receive staff's recommendations for Pacific View Arts Center Start Up and Operations; and 2) Provide direction to staff. 2024-02-28 Item 10C Pacific View Arts Center Start Up and Operations 2024-02-28 Item 10C Pacific View Arts Center Start Up and Operations - Public Comments 10D.
Fiscal Year 2023-24 Midyear Budget Status Report 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. Contact Person: Finance Manager Sanderson 1) Receive and file the Fiscal Year 2023-24 Midyear Budget Status Report; 2) Adopt Resolution No. 2024-22 titled "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget;" and 3) Adopt Resolution No. 2024-23 titled "A Resolution of the City Council of the City of Encinitas, California, Amending Position Titles and Pay Ranges for the City of Encinitas for Fiscal Year 2023-24." 2024-02-28 Item 10D FY 2023-24 Midyear Budget Status Report 2024-02-28 Item 10D FY 2023-24 Midyear Budget Status Report - Public Comments
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.
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 MARCH 13, 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.