City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, MAY 22, 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 Proclamation declaring National Public Works Week 2024-05-22 Item 04A Public Works Week 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. 2024-05-22 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 May 08, 2024, Special-Closed Session Meeting; and May 08, 2024, Regular Meeting. Contact Person: City Clerk Hollywood Approve the Minutes.
2024-05-22 Item 08B Minutes
8C.
Approval of Warrants List (Register of Demands). Contact Person: Finance Manager Dinh Staff recommends that the City Council review and approve the warrants. 2024-05-22 Item 08C Approval of Warrants List
8D.
Recommended Projects for SB1 Funding (The Road Repair and Accountability Act of 2017) for Fiscal Year 2024-25. Contact Person: Management Analyst Brown 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.
Adopt City Council Resolution No. 2024-54 titled, "A Resolution of the City Council of the City of Encinitas Adopting a List of Projects for Fiscal Year 2024-25 Funded by SB1: The Road Repair and Accountability Act of 2017"
2024-05-22 Item 08D SB1 Project List FY 2024-25
2024-05-22 Item 08D SB1 Project List FY 2024-25 - Public Comment 8E.
Adoption of Ordinance No. 2024-07 setting Capacity Fees for Cardiff Sanitary Division and Encinitas Sanitary Division. Contact Person: Senior Management Analyst Elmore.
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.
Adopt Ordinance No. 2024-07 titled "An Ordinance of the City Council of the City of Encinitas, California, Setting Capacity Fees and Escalator for Cardiff Sanitary Division (CSD) and Encinitas Sanitary Division (ESD) and to amend Encinitas Municipal Code Section 18.08.025." 2024-05-22 Item 08E Adopt Ordinance 2024-07 Update Sewer Capacity Fees 8F.
Acceptance of the Lake Drive Canyon Temporary Bypass Project and Approve Amendment of the Fiscal Year 2023-24 Budget to Appropriate $810,000 to Project No. CX24C - Emergency Lake Dr Canyon Repair. Contact Person: Engineer II Stryker.
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. 1) Authorize the filing of the Notice of Completion for Project No. CX24C - Emergency Lake Dr Canyon Repair; 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; 4) Adopt City Council Resolution No. 2024-57, titled "A Resolution of the City Council of the City of Encinitas, California, Accepting the Lake Drive Canyon Temporary Bypass Project (CX24C)", accepting the public improvements for the subject project as complete to the satisfaction of the City of Encinitas; and 5) Adopt City Council Resolution No. 2024-58, titled "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-24 Budget" to appropriate $810,000 to Project No. CX24C - Emergency Lake Dr Canyon Repair. 2024-05-22 Item 08F Lake Dr Canyon Temp Bypass (CX24C) NOC & BUA 8G.
Award a Construction Contract for the Saxony & Quail Gardens Mobility Enhancements (CS24E) and the Emergency Bicycle Safety Enhancements (CX24A) Projects and appropriate $809,214 for the Saxony & Quail Gardens Mobility Enhancements Project (CS24E) and $1,079,106 for the Emergency Bicycle Safety Enhancements Project (CX24A). Contact Person: Engineer II Barr 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. Since this project does not increase or reduce vehicular capacity and involves typical maintenance, striping, and repair on an existing public street, the proposed project satisfies the exemption criteria. 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 Blue Pacific Engineering & Construction, Inc. in the amount of $1,612,064 plus 12.5 percent (12.5%) contingency of $201,508 for a total not-to-exceed construction contract amount of $1,813,572 including any future contract amendments within the awarded amount to construct the Saxony & Quail Gardens Mobility Enhancements and the Emergency Bicycle Safety Enhancements projects; and 2) Adopt City Council Resolution No. 2024-32, titled, "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2023-2024 Budget" to appropriate $809,214 to the Saxony & Quail Gardens Mobility Enhancements Project (CS24E) and $1,079,106 to the Emergency Bicycle Safety Enhancements Project (CX24A). 2024-05-22 Item 08G Award CS24E & CX24A Construction Contract & BUA
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 Receive Testimony Regarding the FY 2024-25 Encinitas Landscape and Lighting District. Contact Person: Senior Management Analyst Lisenbee 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. 1) Conduct a public hearing to receive testimony regarding the FY 2024-25 Encinitas Landscape and Lighting District (ELLD) Annual Engineer’s Report; and 2) Adopt Resolution No. 2024-59 titled, “A Resolution of the City Council of the City of Encinitas, California, Renewing the Encinitas Landscape and Lighting District (Zones A, B, C, D, E, F, G, & H), Confirming the Fiscal Year 2024-25 Engineer’s Report, and Ordering the Transmission of Charges to the County Auditor for Collection.” 2024-05-22 Item 10A Renewal of the Encinitas Landscape and Lighting District 2024-05-22 Item 10A Renewal of the Encinitas Landscape and Lighting District - Staff Presentation 10B.
TransNet Local Street Improvement Program of Projects for Fiscal Years 2024-25 Through 2028-29. Contact Person: Senior Management Analyst Lisenbee 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. 1) Conduct a public hearing related to the proposed projects; and 2) Adopt Resolution No. 2024-56 titled, “A Resolution of the City Council of the City of Encinitas, California, Adopting the TransNet Local Street Improvement Program of Projects for Fiscal Years 2024-25 through 2028-29.” 2024-05-22 Item 10B TransNet Local Street Improvement Program of Projects for Fiscal Years 2024-25 Through 2028-29 10C.
Consider Resolution 2024-60 Submitting for Voter Consideration a One-Cent Per Dollar General Transactions and Use (Sales) Tax Measure for Public Infrastructure and City Services at the November 5, 2024 General Municipal Election Ballot Contact Person: Director of Engineering Bankston.
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 CEQA Guidelines Sections 15378(b)(5) (actions that involve an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment) and 15378(b)(4) (the creation of a government funding mechanism or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment). 1) Consider the placement of a one-cent general transactions and use (sales) tax to fund public infrastructure and city services on the November 5, 2024, General Municipal Election Ballot; 2) Approve Resolution No. 2024-60, titled, "Resolution of the City Council of the City of Encinitas, California, ordering the submission to the qualified electors of the City of a ballot measure relating to a one-cent per dollar transactions and use (sales) tax, requesting that the San Diego Board of Supervisors authorize the County of San Diego Registrar of Voters to render specified services to the City of Encinitas relating to the conduct of the election, and directing the City Attorney to prepare an impartial analysis." (Attachment 1); and 3) Determine if the City Council wishes to take an official position on the proposed measure and who will write the argument in favor of the proposed measure. 2024-05-22 Item 10C Sales Tax Measure
2024-05-22 Item 10C Sales Tax Measure - Staff Presentation 2024-05-22 Item 10C Sales Tax Measure - Public Comment
10D.
Consider the Introduction of Ordinance No. 2024-02, establishing lower speed limits on different streets in the City of Encinitas ("City") pursuant to provisions of Assembly Bill 43 (AB43). Contact Person: Traffic Engineer Bandegan 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.
Introduce Ordinance No. 2024-02, titled "An Ordinance of the City Council of the City of Encinitas, California, establishing lower speed limits on different streets in Encinitas pursuant to provisions of Assembly Bill 43 (AB43)." 2024-05-22 Item 10D AB43 Ordinance Intro
2024-05-22 Item 10D AB43 Ordinance Intro - Updated Attachment 1 ORD 2024-02 posted 05172024 2024-05-22 Item 10D AB43 Ordinance Intro - Updated Attachment 2 List & Map of Streets posted 05172024 2024-05-22 Item 10D AB43 Ordinance Intro - Staff Presentation 2024-05-22 Item 10D AB43 Ordinance Intro - Public Comment 10E.
Development of a Housing Equity Action Plan and a Displacement Risk Action Plan. Contact Person: Associate Planner Cvetko 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 will be conducted in connection with and prior to the adoption of any resulting ordinances.
Provide direction to staff to inform development of a Housing Equity Action Plan and a Displacement Risk Action Plan. 2024-05-22 Item 10E Housing Equity & Displacement Risk Action Plans 2024-05-22 Item 10E Housing Equity & Displacement Risk Action Plans - Public Comment 2024-05-22 Item 10E Housing Equity & Displacement Risk Action Plans - 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. 10E.
Development of a Housing Equity Action Plan and a Displacement Risk Action Plan. Contact Person: Associate Planner Cvetko 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 will be conducted in connection with and prior to the adoption of any resulting ordinances.
Provide direction to staff to inform development of a Housing Equity Action Plan and a Displacement Risk Action Plan. 10E.
Development of a Housing Equity Action Plan and a Displacement Risk Action Plan. Contact Person: Associate Planner Cvetko 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 will be conducted in connection with and prior to the adoption of any resulting ordinances.
Provide direction to staff to inform development of a Housing Equity Action Plan and a Displacement Risk Action Plan.
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 JUNE 12, 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.