City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, OCTOBER 16, 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.
“Celebrate Día de los Muertos: A Community Gathering". Presented by the Ballet Folklorico de San Dieguito and Encinitas Friends of the Arts 4B.
Presentation of Proclamation in Recognition of the 60th Anniversary of the Encinitas Chamber of Commerce 2024-10-16 Item 04B Proclamation in Honor of the 60th Anniversary of the Encinitas Chamber of Commerce
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. 2024-10-16 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 Warrants List (Register of Demands). Contact Person: Finance Manager Dinh Staff recommends that the City Council review and approve the warrants. 2024-10-16 Item 08B Approval of Warrants List
8C.
Amendment No. 3 to Agreement for Professional Consultant Services between the City of Encinitas and University of San Diego, Energy Policy Initiatives Center to add $48,175, and a total not-to-exceed amount of $138,175, for additional support with the Climate Action Plan (CAP) Update. 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 Authorize the City Manager or her designee, in coordination with the City Attorney, to execute Amendment No. 3 to the Agreement with University of San Diego, Energy Policy Initiatives Center, in substantial form, to add tasks to the scope of work necessary to complete additional greenhouse gas emissions reduction analysis and add $48,175 of capacity to the professional consultant services agreement for a new not-to-exceed amount of $138,175, and add current consultant billing rates. 2024-10-16 Item 08C EPIC CAP Update Amend 3
8D.
Award a construction contract for the Scott Valley Park Equipment Replacement Project (CP24A) to Western State Builders Inc. Environmental Considerations: Pursuant to the California Environmental Quality Act Guidelines, the project is exempt per Sections 15302 and 15304(a). Section 15302 exempts replacement of commercial structures with new structures of substantially the same size, purpose, and capacity from environmental review. The project proposes to remove the existing 30-year-old playground equipment and install a new ADA Compliant equipment of substantially the same size and capacity. Section 15304(a) exempts grading on land with a slope of less than 10 percent from environmental review. The project also proposes to grade and restore an existing bioretention basin to meet current stormwater standards and install a new earthen swale to connect to the bioretention basin. The property has a slope of less than 10 percent. In addition, none of the exceptions listed in Section 15300.2 exist for the proposed project. Contact Person: Engineer II Stryker 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 Western State Builders, Inc., in the amount of $560,543 plus 15 percent contingency of $84,081 for a total construction contract not-to-exceed amount of $644,624 for the construction of the Scott Valley Park Equipment Replacement Project (CP24A); 2) Adopt City Council Resolution No. 2024-117 titled, "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2024-2025 Budget" to appropriate $728,325 to the Scott Valley Park Equipment Replacement Project (CP24A); and 3) Authorize the City Manager, or designee, to accept and administer state funding from the State Per Capita grant program and Heavily Urbanized grant program. 2024-10-16 Item 08D Scott Valley Park Contract Award
2024-10-16 Item 08D Scott Valley Park Contract Award - Updated Attachement 4 8E.
Authorization to enter into a Professional Services Agreement with MWH Constructors, Inc. (MWH) to provide As-Needed Wastewater Construction Management and Inspection (CM&I) Services for various Task Orders. Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(b) of the CEQA Guidelines, which exempts the minor alteration, restoration, and rehabilitation of existing public utility facilities. Contact Person: Senior Engineer Nutter Authorize the City Manager, or designee, in consultation with the City Attorney, to execute an agreement with MWH Constructors, Inc. for professional services in substantial form, in the amount of $200,000 for FY 2024-25, with options to extend upon mutual consent, for two (2) additional one (1)-year terms in an amount not to exceed $200,000 per year for a not-to-exceed three (3) year term and for a total agreement cost not to exceed $600,000. 2024-10-16 Item 08E Authorize PSA with MWH Constructors for Wastewater As Needed CM&I Services 8F.
Youth Commission Work Plan Outcomes for Fiscal Year 2023-24 and Proposed Work Plan for Fiscal Year 2024-25. Environmental Considerations: The action 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 Supervisor Camarena 1) Receive final outcomes for the Fiscal Year 2023-24 Youth Commission Work Plan; and 2) Approve the proposed Fiscal Year 2024-25 Youth Commission Work Plan. 2024-10-16 Item 08F Youth Commission Work Plan
8G.
Consideration of Revised FY 2024-25 Pavement Rehabilitation Project (CS25A) Street List and CalRecycle Grant Ratification. Environmental Considerations: The actions being considered by the City Council are exempt from the California Environmental Quality Act (CEQA) pursuant to 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: Engineer I Suleiman 1) Approve revised street list for the FY 2024-25 Pavement Rehabilitation Project (CS25A); 2) Ratify the grant application to the CalRecycle Cycle 17 (TRP17) FY 2024-25 Rubberized Pavement Grant Program for the FY 2024-25 Annual Pavement Rehabilitation (CS25A) Project; 3) Adopt Resolution No. 2024-113 titled, "A Resolution of the City Council of the City of Encinitas, California, Authorizing Submittal of Individual Grant Applications and Related Authorizations for all Department of Resources Recycling and Recovery Grant Programs" to facilitate the submittal of grant applications, securing of grant funds, and carrying out the objectives specified in grant applications and grant agreements with the California Department of Resources Recycling and Recovery (CalRecycle); and 4) Authorize the City Manager, or designee, to accept and administer funding from the CalRecycle Cycle 17 (TRP17) FY 2024-25 Rubberized Pavement Grant Program for the FY 2024-25 Annual Pavement Rehabilitation (CS25A) Project. 2024-10-16 Item 08G Street List & CalRecycle Rubberized Pavement Grant 8H.
Amendment 21 to the Agreement with Tyler Technologies, Inc. for the purchase of Fire Prevention Mobile. 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 Authorize the City Manager to execute Amendment 21, in substantial form, in consultation with the City Attorney, to amend the agreement with Tyler Technologies, Inc. for Fire Prevention Mobile in an amount not to exceed $25,693 in FY 2024-25. 2024-10-16 Item 08H Tyler Amendment 21
8I.
Budget transfer for the funding commitment of a $400,000 loan to the Fox Point Farms project for the affordable housing units that secured tax credit financing from the California Tax Credit Allocation Committee on May 15, 2024. 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 Services Manager Dacey 1) Adopt Resolution No. 2024-120, titled "A Resolution of the City Council of the City of Encinitas, Amending the Fiscal Year 2024-25 Budget" appropriating $400,000 from the Affordable Housing Acquisition Work Project Budget (WC18C) for a loan to the Fox Point Farms project; and 2) Authorize the City Manager, or designee, in consultation with the City Attorney, to execute the applicable loan documents and agreements, in substantial form. 2024-10-16 Item 08I Budget Adjustment_Fox Point Affordable Loan 8J.
Amendment No. 1 to Agreement for Professional Consultant Services between the City of Encinitas and Fehr & Peers to add $23,550 for additional outreach services and project coordination. 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: Mobility Manager Buck Authorize the City Manager, or designee, in coordination with the City Attorney, to execute Amendment No. 1 to the Agreement with Fehr & Peers, in substantial form, to add $23,550 of capacity to the professional consultant agreement for a new not-to-exceed contract amount of $123,413, and to extend the term of Agreement by three (3) months to March 31, 2025. 2024-10-16 Item 08J Comprehensive Safety Action Plan Amendment No. 1
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.
City Council Consideration of Resolutions Relating to the Transboundary Sewage Flows Requiring Immediate Action. 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 to the City Manager Yum Adopt Resolution 2024-118, titled "A Resolution of the City Council of the City of Encinitas, California, Requiring Immediate Action from SANDAG to Establish a Long-Term Environmental Mitigation Fund from the Otay Mesa East Port of Entry to Specifically Mitigate Pollution Impacts from Transboundary Sewage Flows from the Tijuana River Valley"; and 2) Adopt Resolution 2024-121, titled "A Resolution of the City Council of the City of Encinitas, California, Funding the Purchase of Air Purifiers for South Bay Coastal Communities." 2024-10-16 Item 10A Consideration of Resolutions Relating to the Transboundary Sewage Flows Requiring Immediate Action 10B.
Replace select benches on South Coast Highway 101. 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 15061(b)(3) of CEQA Guidelines, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. In addition, this action is exempt under Section 15301 of the Guidelines as a minor alteration of existing facilities involving negligible or no expansion of use. Contact Person: Senior Management Analyst Elmore Authorize the removal of three (3) concrete benches on South Coast Highway 101 in Downtown Encinitas and replacement with hardscape, landscape, and bike racks. 2024-10-16 Item 10B Replace Select Benches - S Coast Highway 101 2024-10-16 Item 10B Replace Select Benches - S Coast Highway 101 - 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.
Rail Projects Update. Contact Person: Director of Engineering Bankston Receive the oral report
2024-10-16 Item 11A Rail Projects Update - Public Comment 2024-10-16 Item 11A Rail Projects Update - Staff Presentation
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 Deputy Mayor Allison Blackwell & Councilmember Joy Lyndes regarding the City of Encinitas’ application for designation as a California Cultural District, as administered by the California Arts Council (CAC). 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.
Direct staff to prepare letter to the CAC asking that the City of Encinitas be added to the prospective list of California Cultural District designation applicants. Determine the boundaries of the Cultural District in Encinitas and the district's name. 2024-10-16 Item 12A Council Initiated Item from Blackwell-Lyndes Re Cultural District
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 23, 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.