City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, MAY 15, 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
4A.
Presentation of Mayor’s Certificate of Recognition of Encinitas School Crossing Guards 4B.
Presentation of Mayor’s Certificate for outgoing Planning Commissioner Kevin Doyle 4C.
Presentation of the Senior Citizen Service Award Program
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. 2024-05-15 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 Warrants List (Register of Demands). Contact Person: Finance Manager Dinh Staff recommends that the City Council review and approve the warrants. 2024-05-15 Item 08B Approval of Warrants List
8C.
Conflict of Interest Code Biennial Review. 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 Direct staff to review the City's Conflict of Interest Code to determine if changes are required and submit any necessary changes to the City Council prior to October 1, 2024. 2024-05-15 Item 08C City Conflict of Interest Code Biennial Review 8D.
Extend use of temporary lights at Leo Mullen Sports Park for Encinitas Express. 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 and authorize the City Manager in coordination with the City Attorney, to execute Amendment No. 8, extending the compliance agreement for one additional year between the City of Encinitas and Encinitas Express for use of temporary lights at Leo Mullen Sports Park. 2024-05-15 Item 08D Amendment to Leo Mullen Compliance Agreement 8E.
Request to waive city fees for the Silver Age Yoga Outreach (SAYCO) Program held at the Encinitas Library Community Room and Cardiff Sports Park. 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 1) Approve waiving room rental and staffing fees for SAYCO to offer a one-hour senior yoga class at the Encinitas Library Community Room one day a week for a period of one year beginning July 1, 2024, and ending June 30, 2025; and 2) Approve waiving commercial use permit fees for SAYCO, for one calendar year 2025, to offer a one-hour senior yoga class at the Cardiff Sports Park Expansion area two days a week. 2024-05-15 Item 08E Fee Waiver Request for Silver Age Yoga Community Outreach 8F.
Senior Citizen Commission Work Plan Outcomes for Fiscal Year 2023-24 and Proposed Work Plan for Fiscal Year 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: Recreation Center Manager Goodsell 1) Receive final reported outcomes for the Fiscal Year 2023-24 Senior Citizen Commission Work Plan; and 2) Approve the proposed Fiscal Year 2024-25 Senior Citizen Commission Work Plan. 2024-05-15 Item 08F Senior Citizen Commission Work Plan 8G.
Contract award for Activity Guide Production Services. 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: Special Events and Projects Supervisor White Authorize the City Manager to execute a two-year agreement with one two-year renewal option between the City of Encinitas and PrintingCEO, in conjunction with the City Attorney in substantial form, for a total agreement amount not to exceed $350,608 for graphic design, print layout, printing and bulk mail preparation services for the Parks, Recreation, and Cultural Arts Activity Guide. 2024-05-15 Item 08G Award Activity Guide Agreement
8H.
Amendment 20 to the Agreement with Tyler Technologies, Inc. for the purchase of Time and Attendance software, Data Insights software and five (5) additional days of Planned Annual Continuing Education (PACE) training. 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: IT Applications Supervisor Van Pelt Approve Amendment 20, in substantial form, in consultation with the City Attorney, and authorize the City Manager, to enter into the amended agreement with Tyler Technologies, Inc. for Time and Attendance software, Data Insights software and an additional 5 days of PACE training in an amount not to exceed $117,298 in FY 2023-24. 2024-05-15 Item 08H Tyler Amendment 20
8I.
Fifth Amendment to the National Pollutant Discharge Elimination System (NPDES) San Diego Regional Stormwater Copermittees Memorandum of Understanding. 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 Adopt Resolution No. 2024-55 titled, "A Resolution of the City Council of the City of Encinitas, California, Approving the Fifth Amendment to the National Pollutant Discharge Elimination System (NPDES) San Diego Regional Stormwater Copermittees Memorandum of Understanding (MOU)," approving the Fifth Amendment to the National Pollutant Discharge Elimination System San Diego Regional Stormwater Copermittees Memorandum of Understanding, and authorize the City Manager to execute the agreement. 2024-05-15 Item 08I Regional Stormwater MOU 5th Amendment 8J.
Approval of Plans and Specifications and Authorization to Advertise the Santa Fe Drive Eastern Phase Corridor Improvements Project (CS19E). 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 I Suleiman 1) Approve the plans and specifications for the Santa Fe Drive Eastern Phase Improvements Project; 2) Authorize the advertisement of the Santa Fe Drive Eastern Phase Improvements Project for construction bids; and 3) Adopt Resolution No. 2024-34 titled, "A Resolution of the City Council of the City of Encinitas Approving the Design and Plans for the Construction of the Santa Fe Drive Corridor Eastern Phase Improvements Project, pursuant to Government Code Section 830.6." 2024-05-15 Item 08J Santa Fe Eastern Phase Design Immunity 2024-05-15 Item 08J Santa Fe Eastern Phase Design Immunity - Public Comment 8K.
Appropriation of Traffic Mitigation, RTCIP, and Flood Control Funds to Leucadia Streetscape Segment C West (CS23D) and Increase the Construction Contract Not-to-Exceed Amount with Blue Pacific Engineering and Construction, Inc. Environmental Considerations: Pursuant to the California Environmental Quality Act, environmental clearance for the project was provided under the Final Environmental Impact Report for the North Coast Highway 101 Streetscape Improvement Project (10-035 DR/CDP/EIR and 10-036 GPA/SPA/LCPA) and the Addendum to the Final Environmental Impact Report (SUBC-005527-2022) and NEPA was completed (HUD Grant No. B-23-CP-0159, SCH No. 2015091084) for the North Highway 101 Drainage Improvements Project (CD23A).? Contact Person: Principal Engineer Widelski 1) Authorize the City Manager, in consultation with the City Attorney, to appropriate uncommitted fund balances of $567,122 from the Traffic Mitigation Fund (233), $453,964 from the Regional Transportation Congestion Improvement Program (RTCIP) Fund (233), and $648,318 from the Flood Control Fund (239), for a total of $1,669,404 to the Leucadia Streetscape Segment C West (CS23D) Project; 2) Adopt City Council Resolution No. 2024-51 titled "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget" for the Leucadia Streetscape Segment C West Project (CS23D); and 3) Authorize an increase of $1,669,404 to the construction contract not-to-exceed amount with Blue Pacific Engineering and Construction, Inc. from $20,252,466 to $21,921,870.? 2024-05-15 Item 08K Appropriation of Funds to Leucadia Streetscape Segment C West (CS23D) 2024-05-15 Item 08K Appropriation of Funds to Leucadia Streetscape Segment C West (CS23D) - Staff Presentation 8L.
Increase the Not-to-Exceed Amount on the Conan Construction, Inc. (Conan) Contract for the Pacific View Site Project from $5,807,374 to $6,057,374 and amend the Pacific View Site Project (CF20D) budget to appropriate $250,000 to fund expenses related to unforeseen SDG&E issues and delay. Environmental Considerations: The action 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 Increase the Not-to-Exceed Amount on the Conan Construction, Inc. Contract for the Pacific View Site Project (CF20D) by $250,000 from $5,807,374 to $6,057,374 and adopt City Council Resolution No. 2024-49 titled, "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget" to Appropriate $250,000 to Project No. CF20D, Pacific View Site Project 2024-05-15 Item 08L Increase NTE for Conan due to SDGE Delay 8M.
Authorize approval of agreements for consultant services for Annual Pavement Rehabilitation Projects. 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) 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 CJ Roberts, Inc. in the amount of $548,450 plus 15 percent contingency ($82,268) for a total not-to-exceed contract amount of $630,718 including any future contract amendments for design services for the Annual Pavement Rehabilitation Projects (CS25A, CS26A, CS27A); and 2) 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 Reddy Engineering Services, Inc. in the amount of $2,048,708 plus 15 percent contingency ($307,306) for a total not-to-exceed contract amount of $2,356,014 including any future contract amendments for construction management and inspection services for the Annual Pavement Rehabilitation Projects (CS24A, CS25A, CS26A, CS27A). 2024-05-15 Item 08M Agreements for Consultants for Pavement Rehabilitation Projects 8N.
Fiscal Year 2023-24 Third Quarter Operating and Capital 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 Adopt City Council Resolution No. 2024-53 titled "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget." 2024-05-15 Item 08N Fiscal Year 2023-24 Third Quarter Operating and Capital Budget Amendments 8O.
Approval of Encina Wastewater Authority Fiscal Year 2024/25 Operating and Capital Improvement Budgets. 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 Adopt Resolution No. 2024-50 titled, "A Resolution of the City Council of the City of Encinitas, California, Approving the Fiscal Year 2024-25 Operating and Capital Improvement Budgets of the Encina Wastewater Authority in Accordance with the Joint Powers Basic Agreement." 2024-05-15 Item 08O Approve Encina Wastewater Authority FY25 Budget 8P.
Amendment No. 2 to Agreement for HVAC Controls Maintenance between the City of Encinitas ("City") and Control Air Enterprises, 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 Elmore Authorize the City Manager, in consultation with the City Attorney, to execute an amendment to the agreement with Control Air Enterprises, LLC, in substantial form, for the installation of heating, ventilation, and air conditioning (HVAC) controls at the Pacific View Arts Center and HVAC control upgrades at City Hall for an additional $55,300, and a new not-to-exceed agreement amount of $126,518 for the initial term. 2024-05-15 Item 08P Second Amendment with Control Air Enterprises
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 review and consider the introduction of City Council Ordinance No. 2024-04 proposing Municipal Code amendments which modify the 2022 California Building Standards Code related to energy efficiency and green building. Environmental Considerations: The minor amendments proposed will not have a significant effect on the environment because the strengthened requirements reduce hazards and accommodate features to reduce environmental effects. Adoption of the amendments is exempt from environmental review as per Section 15308 of the CEQA Guidelines, which allows a categorical exemption for "actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment." Furthermore, the amendments were previously evaluated in the Final Negative Declaration (ND) for the Climate Action Plan (Case No. 17-224), dated December 5, 2017, and Addendum to the ND (Case No. ENV-004106-2020), dated Oct 20, 2020. The ND and the Addendum evaluated the potential environmental effects of the implementation of the Climate Action Plan, including the adoption and enforcement of energy efficiency and renewable energy ordinances. This project is within the scope of the Final Negative Declaration and the Addendum, and no further California Environmental Quality Act (CEQA) compliance is required. Contact Person: Sustainability Analyst Wampler Introduce City Council Ordinance No. 2024-04, titled "An Ordinance of the City Council of the City of Encinitas, California, Adopting Amendments to Chapter 23.12 (Uniform Codes for Construction) of Title 23 (Building and Construction) of the Encinitas Municipal Code to Make Certain Amendments, Additions, and Deletions Related to Energy Efficiency and Green Building." 2024-05-15 Item 10A Green Building Amendment
2024-05-15 Item 10A Green Building Amendment - Staff Presentation 2024-05-15 Item 10A Green Building Amendment - Public Comment 10B.
Authorization for the County of San Diego and San Diego County Sheriff’s Department to install and operate Automated License Plate Reader (LPR) cameras on traffic signals and light poles in the City using Flock Safety equipment. 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: Sheriff’s Captain Lawrence 1) Authorize the City Manager to enter into a Right of Entry agreement with the County of San Diego and the San Diego County Sheriff's Department in conjunction with the City Attorney, in substantial form to place seventeen fixed LPR cameras on City Traffic Signals and Light Poles; and 2) Authorize the City Manager to reimburse the County of San Diego and the San Diego County Sheriff's Department in the amount of $53,550 for up to seventeen cameras. 2024-05-15 Item 10B LPR Cameras
2024-05-15 Item 10B LPR Cameras - Public Comment
2024-05-15 Item 10B LPR Cameras - Staff Presentation
10C.
Introduction of City Manager’s Proposed Fiscal Year 2024-25 Operating and Capital Budgets. 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) Review proposed FY 2024-25 operating and capital budgets; 2) Receive public input; and 3) Provide direction to staff regarding revisions to the proposed operating and capital budgets for final consideration and adoption on June 12, 2024. 2024-05-15 Item 10C FY 2024-25 Budget Intro Agenda Report 2024-05-15 Item 10C FY 2024-25 Budget Intro - Staff Presentation 2024-05-15 Item 10C FY 2024-25 Budget Intro - Public Comment 10B.
Authorization for the County of San Diego and San Diego County Sheriff’s Department to install and operate Automated License Plate Reader (LPR) cameras on traffic signals and light poles in the City using Flock Safety equipment. 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: Sheriff’s Captain Lawrence 1) Authorize the City Manager to enter into a Right of Entry agreement with the County of San Diego and the San Diego County Sheriff's Department in conjunction with the City Attorney, in substantial form to place seventeen fixed LPR cameras on City Traffic Signals and Light Poles; and 2) Authorize the City Manager to reimburse the County of San Diego and the San Diego County Sheriff's Department in the amount of $53,550 for up to seventeen cameras. 10B.
Authorization for the County of San Diego and San Diego County Sheriff’s Department to install and operate Automated License Plate Reader (LPR) cameras on traffic signals and light poles in the City using Flock Safety equipment. 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: Sheriff’s Captain Lawrence 1) Authorize the City Manager to enter into a Right of Entry agreement with the County of San Diego and the San Diego County Sheriff's Department in conjunction with the City Attorney, in substantial form to place seventeen fixed LPR cameras on City Traffic Signals and Light Poles; and 2) Authorize the City Manager to reimburse the County of San Diego and the San Diego County Sheriff's Department in the amount of $53,550 for up to seventeen cameras.
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.
Presentation of new ways to interact with the City online. Contact Person: IT Director Contreras Receive and file the oral report and presentation.
2024-05-15 Item 11A -Online Digital Services Spotlight - Staff 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.
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 22, 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.