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Encinitas City Council
April 24, 2024

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Agenda
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April 24, 2024
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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, APRIL 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

1. CALL TO ORDER

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
4A.

Presentation of Proclamation declaring May 2024 as Bike Month 2024-04-24 Item 04A Bike Month Proclamation

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. 2024-04-24 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 April 10, 2024, Regular Meeting.  Contact Person:  City Clerk Hollywood Approve the Minutes.
2024-04-24 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. 2024-04-24 Item 08C Approval of Warrants List
8D.

Emergency Repairs to Fire Station #4 (CF23D).  Environmental Considerations:  The activity is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269(b) of the CEQA Guidelines, which exempts emergency repairs to publicly owned service facilities necessary to maintain service essential to the public health, safety, or welfare.  Contact Person: Senior Management Analyst Elmore Adopt Resolution No. 2024-44, titled "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget." 2024-04-24 Item 08D Close Emergency Declaration - Fire Station 4 8E.

Emergency Repairs to Fire Station #6 (CF23B).  Environmental Considerations:  The activity is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269(b) of the CEQA Guidelines, which exempts emergency repairs to publicly owned service facilities necessary to maintain service essential to the public health, safety, or welfare. Contact Person: Senior Management Analyst Elmore Adopt Resolution No. 2024-45, titled "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget." 2024-04-24 Item 08E Close Emergency Declaration - Fire Station 6 8F.

Sewer Line Failure at Swami’s Beach Restroom (CF24A).  Environmental Considerations:  The activity is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269(b) of the CEQA Guidelines, which exempts emergency repairs to publicly owned service facilities necessary to maintain service essential to the public health, safety, or welfare.  Contact Person: Senior Management Analyst Elmore Adopt Resolution No. 2024-43, titled "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget." 2024-04-24 Item 08F Close Emergency Declaration - Swami’s Restroom 8G.

Renewal of the Encinitas Landscape and Lighting District for FY 2024-25.  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 Lisenbee 1) Adopt Resolution No. 2024-37 titled, "A Resolution of the City Council of the City of Encinitas, California, Declaring its Intention to Order the Renewal of the Encinitas Landscape and Lighting District for FY 2024-25 and Setting of a Public Hearing on May 22, 2024, Pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California;" and 2) Set the Encinitas Landscape and Lighting District renewal public hearing for May 22, 2024. 2024-04-24 Item 08G Renewal of the Encinitas Landscape and Lighting District 8H.

Commission for the Arts Work Plan Outcomes for 2023-2024 and Proposed Work Plan for 2024-2025.  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 final report outcomes regarding the 2023-24 Commission for the Arts Work Plan; and 2) Approve the proposed 2024-25 Commission for the Arts Work Plan. 2024-04-24 Item 08H Commission for the Arts Work Plan 2023-24 and 2024-25 8I.

Amendment to the Agreement for downtown sidewalk cleaning services with Sweeping Corporation of America.  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 Horn Authorize the City Manager to execute Amendment #3 to the agreement with Sweeping Corporation of America (SCA of CA, LLC), previously doing business as Pacific Sweeping, for Sidewalk Cleaning Services, in substantial form, in conjunction with the City Attorney, expanding the scope of services and increasing the total agreement not-to exceed amount by $63,000 to $1,338,019. 2024-04-24 Item 08I Sidewalk Cleaning Services Amendment #3 8J.

Legislative position letters submitted to City Council for support and opposition.  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 1) Approve Support Letter for AB 2234 - Vehicles: Electric Bicycles (Boerner); 2) Approve Opposition Letter for SB 1164 - Property Taxation: New Construction Exclusion: Accessory Dwelling Units (Newman); 3) Approve Opposition Letter AB 1886 - Housing Element Law: Substantial Compliance: Housing Accountability Act (Alvarez); 4) Approve Support Letter for SB 913 - Substance Use Disorder Treatment: Facilities (Umberg); and 5) Approve Support Letter for AB 2574 - Alcoholism or Drug Abuse Recovery or Treatment Facilities (Valencia). 2024-04-24 Item 08J Legislative Letters
8K.

Agreement Amendment with L.C. Paving & Sealing, Inc. for Public Works General Repair.  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 Authorize the City Manager, in conjunction with the City Attorney, to execute a first amendment to the agreement in substantial form for General Services and Maintenance with L.C. Paving & Sealing, Inc., (L.C. Paving) to add $276,300 of capacity, for a new initial not-to exceed amount of $999,500, and a total not-to-exceed amount of $2,083,682 for the full term with all extensions. 2024-04-24 Item 08K Agreement Amendment with L.C. Paving & Sealing, Inc. for Public Works General Repair

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 No. 2024-05 setting Cardiff Sanitary Division Sewer Service Rates and Ordinance No. 2024-06 setting Encinitas Sanitary Division Sewer Service Rates.  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) Conduct a public hearing; 2) Introduce Ordinance No. 2024-05, titled "An Ordinance of the City Council of the City of Encinitas, California, Setting Cardiff Sanitary Division Sewer Service Rates;" and 3) Introduce Ordinance No. 2024-06, titled "An Ordinance of the City Council of the City of Encinitas, California, Setting Encinitas Sanitary Division Sewer Service Rates." 2024-04-24 Item 10A Introduce Sewer Rates Ordinances - Public Hearing 2024-04-24 Item 10A Introduce Sewer Rates Ordinances - Public Hearing - Staff Presentation 2024-04-24 Item 10A Introduce Sewer Rates Ordinances - Public Hearing Letters and Maps 10B.

Public Hearing to consider and approve Resolution No. 2024-35 approving the FY 2024-25 Annual Action Plan for the Community Development Block Grant ("CDBG") 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: Housing Management Analyst Schubert 1) Adopt Resolution No. 2024-35, titled "A Resolution of the City Council of the City of Encinitas, California, Approving the Fiscal Year (FY) 2024-25 Community Development Block Grant (CDBG) Program Budget, FY 2024-25 Annual Action Plan, and Authorizing Submission of the FY 2024-25 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD)"; 2) Authorize the City Manager, or designee, to transmit the FY 2024-25 Annual Action Plan and execute required certifications to the U.S. Department of Housing and Urban Development ("HUD"); and 3) Authorize the City Manager, or designee, to execute all funding agreements and documents consistent with the FY 2024-25 Annual Action Plan. 2024-04-24 Item 10B CDBG FY24-25 Annual Action Plan
10C.

City Council to provide policy direction for the preparation of a mature tree ordinance.  Environmental Considerations:  The action before the City Council is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines since the action is not a "project" pursuant to Section 15378(b)(5). 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 would be determined and conducted prior to the adoption of any resulting ordinance.  Contact Person: Senior Mobility Planner Jedynak Receive the report and discuss project policy direction. 2024-04-24 Item 10C Mature Tree
2024-04-24 Item 10C Mature Tree - Public Comment

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.
2024-04-24 Item 11A - Mobility Programs Update

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 MAY 8, 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.

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