City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, SEPTEMBER 25, 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 in recognition of Bryce Wettstein, Olympian at the Paris Olympics 4B.
Presentation in recognition of Andy Macdonald, Olympian at the Paris Olympics 4C.
Presentation on Battery Safety by the Fire Department
4D.
Parks, Recreation and Cultural Arts Update
2024-09-25 Item 04D Parks, Recreation and Cultural Arts Update - Staff Presentation
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. 2024-09-25 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 August 28, 2024, Special-Closed Session Meeting; and September 11, 2024, Special-Closed Session Meeting. Contact Person: City Clerk Hollywood Approve the Minutes.
2024-09-25 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. 2024-09-25 Item 08C Approval of Warrants List
8D.
Memorandum of Understanding between the City of Encinitas and the Encinitas Chamber of Commerce for a community special event. 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 a Memorandum of Understanding (MOU) in substantial form, between the City of Encinitas and the Encinitas Chamber of Commerce to provide a Business and Community Resource Expo scheduled for Saturday, February 8, 2025, at the Encinitas Community and Senior Center. 2024-09-25 Item 08D Chamber of Commerce MOU
8E.
Second reading and adoption of Ordinance No. 2024-08 for the adoption of the El Camino Real Specific Plan (ECRSP) and related amendments to the Encinitas Zoning Regulations, and the Local Coastal Program. Environmental Considerations: Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15105(b), an Initial Study (IS) has been prepared which determined that no significant environmental impacts would result from the proposed project with mitigation measures incorporated into the project. Therefore, a Mitigated Negative Declaration (MND) was prepared for the project that includes mitigation measures for Biological Resources (BIO-1) and Tribal Cultural Resources (TCR-1) incorporated into the project as filed with the State Clearinghouse (State Clearinghouse No. 2024060039), and San Diego County Clerk-Recorder’s Office. The City Council approved the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program on September 11, 2024 (Resolution No. 2024-83). Contact Person: Housing Services Manager Dacey Adopt City Council Ordinance No. 2024-08, titled "An Ordinance of the City Council of the City of Encinitas, California, Adopting the El Camino Real Specific Plan (SP-6) and Amendments to Section 30.84.010 of Chapter 30.84 (Specific Plans) of the Zoning Regulations and the Local Coastal Program" with incorporation of recommended modifications as directed by City Council. 2024-09-25 Item 08E ECRSP Adoption
2024-09-25 Item 08E ECRSP Adoption - Public Comment
8F.
San Diego Association of Governments (SANDAG) Housing Acceleration Program (HAP) Grant Cycle 2 Award in the amount of $573,000, budget amendment to appropriate funds to the 6th Cycle Housing Element Implementation Program (WC22C) work project, and authorization to execute a contract and contract amendment to fulfill the grant requirements. 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. Contact Person: Associate Planner Cvetko 1) Receive SANDAG HAP Grant Award in the amount of $573,000; 2) Adopt Resolution No. 2024-105, titled "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2024-25 Budget" appropriating HAP Grant funds to the 6th Cycle Housing Element Implementation Program (WC22C) work project"; 3) Authorize the City Manager in consultation with the City Attorney to execute a Professional Services Agreement with Ascent Environmental, Inc. in substantial form; and 4) Authorize the City Manager in consultation with the City Attorney to amend the Professional Services Agreement with Civic Solutions, Inc. (Contract #24300094) to add new grant funding to hire new contract planning and/or engineering staff in substantial form. 2024-09-25 Item 08F SANDAG HAP Grant Award
8G.
Acceptance of the AB-43 Speed Limit Signs (CS02F) and Citywide Speed Legends (CS02F) Projects. Environmental Considerations: The actions being considered by the City Council are exempt from the California Environmental Quality Act (CEQA) because they are not "projects" under Section 15378(b)(5) of CEQA Guidelines. The actions involve an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. Contact Person: Associate Traffic Engineer Barr 1) Authorize the filing of the Notices of Completion for the subject projects; 2) Authorize the release of the payment bonds for the subject projects in full upon the recording of the Notices of Completion; 3) Authorize the release of the performance bonds for the subject projects in full upon the recording of the Notices of Completion; 4) Authorize the release of maintenance bonds for the subject projects in full, one (1) year after the recording of the Notices of Completion; 5) Adopt City Council Resolution No. 2024-94, titled "A Resolution of the City Council of the City of Encinitas, California, Accepting the Public Improvements for the AB-43 Speed Limit Signs Project (CS02F)"; and 6) Adopt City Council Resolution No. 2024-95, titled "A Resolution of the City Council of the City of Encinitas, California, Accepting the Public Improvements for the Citywide Speed Legends Project (CS02F)." 2024-09-25 Item 08G NOC for AB43 Signs and Speed Legends 8H.
Adoption of Ordinance No. 2024-10, amending Ordinance No. 2024-02 to create a new comprehensive street list with additional and amended streets with lower speed limits in the City of Encinitas ("City") pursuant to Assembly Bill 43 (AB43). 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: City Traffic Engineer Bandegan Adopt Ordinance No. 2024-10, titled "An Ordinance of the City Council of the City of Encinitas, California, Amending Ordinance No. 2024-02, to Create a New Comprehensive Street List with Additional and Amended Streets with Lower Speed Limits in the City of Encinitas Pursuant to Provisions of Assembly Bill 43 (AB43)." 2024-09-25 Item 08H AB43 Ordinance Adoption
2024-09-25 Item 08H AB43 Ordinance Adoption - Public Comment 8I.
Amendment No. 1 to Contract with Blue Moon Management Corporation for Facility Janitorial and Lock-up 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: Senior Management Analyst Elmore Authorize the City Manager, in consultation with the City Attorney, to execute an amendment to the contract with Blue Moon Management Corporation in substantial form, to incorporate facility janitorial services at the Pacific View Arts Center and to increase the value of the agreement by $114,996 for the initial term and $281,493 if all available extensions are executed, for a total not-to-exceed contract amount of $1,186,093 for the initial term and $2,578,342 if all available extensions are executed. 2024-09-25 Item 08I First Amendment to Agreement with Blue Moon Management 8J.
Amendment No. 1 to Agreement for Professional Consultant Services between the City of Encinitas and Michael Baker International to add $150,000 for additional support with as needed land surveying services for private land development projects and other City survey needs. Environmental Considerations: The action 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 organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. Contact Person: Principal Engineer Cabrera Authorize the City Manager or her designee, in coordination with the City Attorney, to execute Amendment No. 1 to the Agreement with Michael Baker International, in substantial form, to add $150,000 of capacity to the design professional consultant agreement for a new not-to-exceed amount of $350,000, and to extend the term of the Agreement by one (1) additional one-year period to June 30, 2026. 2024-09-25 Item 08J Michael Baker As-Needed Land Survey Contract Amendment 1 8K.
Zero Waste Program Implementation Services Contracts. 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: Solid Waste & Recycling Program Administrator Maechler ProduceGood - $35,800, Solana Center for Environmental Innovation - $52,867, BCK Programs - $69,875, and I Love A Clean San Diego - $64,895; and 2) Authorize a total not-to-exceed amount of $687,208 over three (3) years for all four (4) contracts. 2024-09-25 Item 08K Zero Waste Implementation Contracts
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 consider and approve the FY 2023-24 Consolidated Annual Performance and Evaluation Report (CAPER) 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 a "project" as defined in 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: Management Analyst Schubert 1) Approve the FY 2023-24 CAPER; and 2) Authorize the City Manager or designee to submit the FY 2023-24 CAPER to the U.S. Department of Housing and Urban Development (HUD). 2024-09-25 Item 10A CDBG FY 2023-24 CAPER
2024-09-25 Item 10A CDBG FY 2023-24 CAPER - Updated 9-23-2024 (Removed refrence to Attachment 2) 2024-09-25 Item 10A CDBG FY 2023-24 CAPER - Updated 9-24-2024 (Updated table on page 3) 2024-09-25 Item 10A CDBG FY 2023-24 CAPER - Updated 9-24-2024 - Staff Presentation 10B.
Development Services legislative update regarding State Assembly Bills (AB) or Senate Bills (SB) from the 2023 legislative cycle that require City action or City Council direction. 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 a "project" as defined in Section 15378(b)(5). 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: Housing Services Manager Dacey 1) Receive the report and provide direction to staff regarding the bills presented in this report; 2) Adopt Resolution No. 2024-110, titled "A Resolution of the City Council of the City of Encinitas, California, Directing Staff to Initiate Amendments to the Zoning Regulations and Local Coastal Program to Incorporate State Legislative Changes Regarding Accessory Dwelling Units"; 3) Adopt Resolution No. 2024-111, titled "A Resolution of the City Council of the City of Encinitas, California, Directing Staff to Initiate Amendments to the Zoning Regulations and Local Coastal Program to Implement State Legislative Changes Regarding Parking Requirements for Single-Family Residences Pursuant to Government Code Section 65863.5"; and 4) Adopt Resolution No. 2024-112, titled "A Resolution of the City Council of the City of Encinitas, California, Directing Staff to Initiate Amendments to the Zoning Regulations and Local Coastal Program to Implement State Legislative Changes Regarding Density Bonus Law Pursuant to Government Code Section 65915." 2024-09-25 Item 10B 2023 Legislative Update
2024-09-25 Item 01 Special Joint Meeting City-Parks & Rec Commission - Public Comment 2024-09-25 Item 10B 2023 Legislative Update - 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 OCTOBER 9, 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.