Encinitas — 2023-06-28

10A. Public hearing to consider a timely appeal filed by Chandra Slaven on May\n18, 2023 (Case No. APPEAL-006269-2023) of the Planning Commission’s\napproval of a Major Use Permit and Coastal Development Permit (Case Nos.\nMULTI-005456-2022; USE-005458-2022; CDP-005457-2022) to allow the\nremoval and replacement of the existing parking lot pavement to construct a\nnew parking lot area beyond the existing failure plane on the bluff at Beacon’s\nBeach and temporary construction staging area in the parking lot located at\n948 Neptune Avenue (APN: 254-040-31). APPELLANT: Chandra Slaven\nAPPLICANT: The City of Encinitas. Environmental Considerations: The\nproject has been determined to be exempt from environmental review\npursuant to California Environmental Quality Act (CEQA) Guidelines Section\n15311 and Section 15304(e). Section 15311 exempts the construction or\nreplacement of minor structures including small parking lots. The request to\nauthorize the removal and replacement of the existing parking lot pavement to\nconstruct a new parking lot area beyond the existing failure plane on the bluff\nat Beacon’s Beach. Section 15304(e) exempts the temporary construction\nstaging area for the duration of the project. None of the exceptions in CEQA\nGuidelines Section 15300.2 exists and no historic resources would be\nimpacted by the proposed project. Contact Person: Coastal Zone\nAdministrator Mierau\n6/23/23, 2:51 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4013\nRecommended Action: 254-040-31)", thus denying the appeal and affirming\nthe Planning Commission's decision approving a Major Use Permit and\nCoastal Development Permit to allow the removal and replacement of the\nexisting parking lot pavement to construct a new parking lot area beyond the\nexisting failure plane on the bluff at Beacon's Beach and temporary\nconstruction staging area in the parking lot at 948 Neptune Avenue, based on\nthe findings contained within Planning Commission Resolution No. PC 2023-\n06.\n2023-06-28 Item 10A - Beacon’s Beach Appeal - Agenda Report\n2023-06-28 Item 10A - Beacon’s Beach Appeal Attachment 1 - Resolution 2023-\n73\n2023-06-28 Item 10A - Beacon’s Beach Appeal Attachment 2 - Appeal\n2023-06-28 Item 10A - Beacon’s Beach Appeal Attachment 3 - Planning\nCommission Resolution 2023-06\n2023-06-28 Item 10A - Beacon’s Beach Appeal Attachment 4 - California\nCoastal Commission Coastal Development Permit\n2023-06-28 Item 10A - Beacon’s Beach Appeal Attachment 5 - Planning\nCommission Agenda Report\n2023-06-28 Item 10A - Beacon’s Beach Appeal Attachment 6 - Correspondence

10B. Continuation of Public Hearing and Consideration of Adopting Parks and\nRecreation User Fee Adjustments; and Establishing the Pass-Through of\nActual Credit/Debit Card Transaction and Recreation Software Processing\nFees; and annual CPI adjustments from May 24, 2023. Environmental\nConsiderations: The action being considered by the City Council is exempt\nfrom the California Environmental Quality Act (CEQA) because it is not a\n"project" under Section 15378(b)(5) of CEQA Guidelines. The action involves\nan organizational or administrative activity of government that will not result in\nthe direct or indirect physical change in the environment. Contact Person:\nParks, Recreation and Cultural Arts Director Karlen\nRecommended Action: 1) Adopt the Parks and Recreation user fees as\nrecommended by the Parks and Recreation Commission with the addition of\ncancellation fees for Recreation Programs and adjustments by staff regarding\nAthletic Field Use Fees; 2) Adopt the establishment of pass-through of actual\ncredit card and debit card transaction processing fees and permit processing\nfees through the registration software, effective August 1, 2023; 3) Adopt a fee\nadjustment each fiscal year by the Consumer Price Index (CPI) of the San\nDiego Region for the prior calendar year. The CPI will adjust as needed to\nreflect operational changes beginning August 1, 2024, and on the first day of\neach July thereafter; and 4) Approve City Council Resolution No. 2023-59,\ntitled, "A Resolution of the City Council of the City of Encinitas Amending the\nParks and Recreation User Fees."\n6/23/23, 2:51 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4013\n2023-06-28 Item 10B Parks and Recreation Fees

10C. Public Hearing and Introduction of Ordinance No. 2023-06 adding Chapter\n2.35 to the Encinitas Municipal Code to establish the Public Health and Safety\nCommission. Environmental Considerations: The action being considered by\nthe City Council is exempt from the California Environmental Quality Act\n(CEQA) because it is not a "project" under Section 15378(b)(5) of CEQA\nGuidelines. The action involves an organizational or administrative activity of\ngovernment that will not result in the direct or indirect physical change in the\nenvironment. Contact Person: Government & Community Relations\nAdministrator Bates\nRecommended Action: 1) Conduct a Public Hearing and 2) Introduce\nOrdinance No. 2023-06, titled "An Ordinance of the City Council of the City of\nEncinitas, California, Adding Chapter 2.35 (Public Health and Safety\nCommission) to Title 2 (Administration) of the Encinitas Municipal Code to\nEstablish a Public Health and Safety Commission."\n2023-06-28 Item 10C Intro Ordinance No. 2023-06

10D. Professional Services Agreement between the City of Encinitas ("City") and\nKosmont Companies to provide Surplus Lands Act real estate advisory\nservices for the L-7 City owned site at 634 Quail Gardens Drive.\nEnvironmental Considerations: The action before the City Council is\ncategorically exempt from the California Environmental Quality Act (CEQA)\nbecause it is not a "project" under Section 15378(b)(5) of CEQA Guidelines.\nThe action involves an organizational or administrative activity of government\nthat will not result in the direct or indirect physical change in the environment.\nContact Person: Planning Manager Anders\nRecommended Action: Authorize the City Manager, in coordination with the\nCity Attorney, to execute a second amendment to an existing Professional\nServices Agreement, in substantial form to add additional funding of $35,000\nand extend the term of the contract to expire on February 2, 2026, and\napprove the Proposal of Services for additional real estate advisory services\nas outlined in Amendment No. 2.\n2023-06-28 Item 10D Kosmont Agreement L7

4A. Presentation of Proclamation Declaring July as Parks and Recreation Month

8A. Approval to waive the full reading of the text of all ordinances and resolutions\nintroduced/adopted at this meeting. Ordinances and resolutions shall be\nintroduced/adopted by title only. Contact Person: City Clerk Hollywood\nRecommended Action: Approve.

8C. Approval of the Warrants List (Register of Demands). Contact Person:\nFinance Manager Dinh\nRecommended Action: Staff recommends that the City Council review and\napprove the warrants.\n2023-06-28 Item 08C Approval of Warrants List

8D. Adopt Ordinance No. 2023-05 to amend Title 14, Chapters 14.06 and 14.56 of\nthe Encinitas Municipal Code adopting changes pertaining to the operation of\nbicycles within the City. Environmental Considerations: The action being\nconsidered by the City Council is exempt from the California Environmental\nQuality Act (CEQA) because it is not a "project" under Section 15061(b)(5) of\nCEQA Guidelines. The action involves an organizational or administrative\nactivity of government that will not result in the direct or indirect physical\nchange in the environment. Contact Person: Government & Community\nRelations Administrator Bates\nRecommended Action: Adopt Ordinance No. 2023-05, tilted "An Ordinance\nof the City Council of the City of Encinitas, California, Amending Encinitas\nMunicipal Code Chapters 14.06 and 14.56 of Title 14 (Traffic Code) Regarding\nBicycles."\n2023-06-28 Item 08D Ordinance 2023-05 Adoption\n6/23/23, 2:51 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4013

8E. Legislative position letters submitted to City Council for consideration.\nEnvironmental Considerations: The action being considered by the City\nCouncil is exempt from the California Environmental Quality Act (CEQA)\nbecause it is not a "project" under Section 15378(b)(5) of CEQA Guidelines.\nThe action involves an organizational or administrative activity of government\nthat will not result in the direct or indirect physical change in the environment.\nContact Person: Government & Community Relations Administrator Bates\nRecommended Action: 1) Ratify Support Letter for AB 1657 The Affordable\nHousing Bond Act of 2024 (Wicks); and 2) Ratify Support Letter for SB 1514\nand HR 3170 - The Homes for Every Local Protector, Educator, and\nResponder (HELPER) Act (Rubio, Ossoff, Brown, Warnock, Menendez,\nCortez-Masto, Blumenthal) (Rutherford, Watson-Coleman).\n2023-06-28 Item 08E Legislative Position Letters

8F. One-Year Management Services Agreements between the City and Encinitas\n101 Main Street Association, Leucadia 101 Main Street Association, Cardiff\n101 Main Street Association, and the Encinitas Chamber of Commerce.\nEnvironmental Considerations: The action being considered by the City\nCouncil is exempt from the California Environmental Quality Act (CEQA)\nbecause it is not a "project" under Section 15378(b)(5) of CEQA Guidelines.\nThe action involves an organizational or administrative activity of government\nthat will not result in the direct or indirect physical change in the environment.\nContact Person: Government & Community Relations Administrator Bates\nRecommended Action: It is Recommended that City Council Approve 1)\nOne-year management services agreement with Encinitas 101 Main Street\nAssociation in the amount of $35,000 for Fiscal Year 2023-24; 2) One-year\nmanagement services agreement with Leucadia 101 Main Street Association\nin the amount of $35,000 for Fiscal Year 2023-24; 3) One-year management\nservices agreement with Cardiff 101 Main Street Association in the amount of\n$35,000 for Fiscal Year 2023-24; and 4) One-year management services\nagreement with Encinitas Chamber of Commerce (Chamber) in the amount of\n$40,000 for Fiscal Year 2023-24.\n2023-06-28 Item 08F MOU for Mainstreet & Chamber

8G. Reject bids for the Santa Fe Drive Western Phase Improvements Project\n(CS19E). Environmental Considerations: The action being considered by the\nCity Council is exempt from the California Environmental Quality Act (CEQA)\nbecause it is not a "project" under Section 15378(b) of CEQA Guidelines.\nToday’s action involves an organizational or administrative activity of\ngovernment that will not result in direct or indirect physical change to the\nenvironment. Contact Person: Principal Engineer Widelski\nRecommended Action: 1) Reject all bids from June 15, 2023 bid for\nconstruction of the Santa Fe Drive Western Phase Improvements Project\n(CS19E); and 2) Authorize staff to re-advertise and rebid Santa Fe Drive\nWestern Phase Improvements Project (CS19E).\n6/23/23, 2:51 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4013\n2023-06-28 Item 08G Bid Rejection for Santa Fe Drive West Improv. Project

8H. Award a Construction Contract and Construction Management and Inspection\nServices Contract for the FY 2022-23 Citywide Street Overlay and Slurry Seal\nProject (CS23A). Environmental Considerations: The proposed project is\nexempt from the California Environmental Quality Act (CEQA) pursuant to\nSection 15301 (c) of the CEQA Guidelines. This section exempts projects\ncharacterized as minor alterations to public facilities, involving negligible or no\nexpansion of the existing site. Maintenance and repair are proposed on\nexisting public streets but do not create additional automobile lanes. The\nproposed project meets the criteria for this exemption. Contact Person:\nSenior Engineer Cabrera\nRecommended Action: 1) Authorize the City Manager, or designee, to\nexecute a contract in substantial form, and any necessary amendments and\ntime extensions in consultation with the City Attorney, with Eagle Paving\nCompany, Inc. dba Toro Engineering, in the amount of $3,428,360 plus 15\npercent contingency ($514,254) for a total not-to-exceed construction contract\namount of $3,942,614 including any future contract amendments for\nconstruction of the FY 2022-23 Citywide Street Overlay and Slurry Seal\nProject (CS23A); 2) Authorize the City Manager, or designee, to execute a\ncontract in substantial form, and any necessary amendments and time\nextensions in consultation with the City Attorney, with Reddy Engineering (RE)\nServices, Inc., in the amount of $272,553 plus 15 percent contingency\n($40,883) for a total not-to-exceed contract amount of $313,436 including any\nfuture contract amendments for the construction management and inspection\nservices for the FY 2022-23 Citywide Street Overlay and Slurry Seal Project\n(CS23A); and 3) Adopt City Council Resolution 2023-85 titled, "A Resolution of\nthe City Council of the City of Encinitas Amending the Fiscal Year 2023-24\nBudget" to appropriate $134,000 to FY 2022-23 Citywide Street Overlay and\nSlurry Seal Project (CS23A).\n2023-06-28 Item 08H Award Pavement Rehab FY 22-23

8I. 2022 Climate Action Plan Annual Report. Environmental Considerations: The\naction being considered by the City Council is not subject to the California\nEnvironmental Quality Act (CEQA) because it is not a "project" per Section\n15378(c)(3) and Section 15378(b)(5) of the CEQA Guidelines. The action\nauthorizes staff to implement an organizational or administrative activity of\ngovernment that by itself will not result in a direct physical change in the\nenvironment. Contact Person: Sustainability Manager Najera.\nRecommended Action: Approve the 2022 Climate Action Plan (CAP) Annual\nReport.\n2023-06-28 Item 08I 2022 CAP Annual Report

8J. Memorandum of Understanding between the City of Encinitas and Encinitas\nFriends of the Arts (EFA). Environmental Considerations: The action\nconsidered by the City Council is exempt from the California Environmental\nQuality Act (CEQA) because it is not a "project" under Section 15378(b)(5) of\nCEQA Guidelines. The action involves an organizational or administrative\n6/23/23, 2:51 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4013\nactivity of government that will not result in the direct or indirect physical\nchange in the environment. Contact Person: Parks, Recreation, and Cultural\nArts Director Karlen\nRecommended Action: Authorize the City Manager to execute a\nMemorandum of Understanding with Encinitas Friends of the Arts, in\nconjunction with the City Attorney in substantial form, to elevate arts and\nculture in the community through advocacy and support of quality arts and\ncultural programs and events in the community through June 30, 2024.\n2023-06-28 Item 08J EFA MOU

8K. Grant application for the FEMA Hazard Mitigation Grant Program for Lake\nDrive Storm Drain Improvement Project. Environmental Considerations: The\naction being considered by the City Council is not subject to the California\nEnvironmental Quality Act (CEQA) because it is not a "project" per Section\n15378(b)(5) of the CEQA Guidelines. The action authorizes staff to implement\nan organizational or administrative activity of government that by itself will not\nresult in a direct or indirect physical change in the environment. Contact\nPerson: Engineer II Stryker\nRecommended Action: Authorize the City Manager, or designee, to apply for\nthe FEMA Hazard Mitigation Grant Program for construction of the Lake Drive\nStorm Drain Improvement Project.\n2023-06-28 Item 08K FEMA Grant Application for Lake Drive Stormdrain\nImprovements

8L. Approval of a budget amendment for Summer Recreation Camps.\nEnvironmental Considerations: The action being considered by the City\nCouncil is exempt from the California Environmental Quality Act (CEQA)\nbecause it is not a "project" under Section 15378(b)(5) of CEQA Guidelines.\nThe action involves organizational or administrative activity of government that\nwill not result in the direct or indirect physical change in the environment.\nContact Person: Senior Management Analyst Lisenbee\nRecommended Action: Approve City Council Resolution No. 2023-84, titled,\n"A Resolution of the City Council of the City of Encinitas, California, Amending\nthe Fiscal Year 2022-23 Adopted Budget" for Summer Recreation Camps.\n2023-06-28 Item 08L Recreation Program Funding

8M. Far South/Border North Grant from the San Diego Regional Arts and Culture\nCoalition and their regional partners including the City of San Diego, The San\nDiego Foundation, and Catalyst of San Diego & Imperial Counties.\nEnvironmental Considerations: The action being considered by the City\nCouncil is exempt from the California Environmental Quality Act (CEQA)\nbecause it is not a "project" under Section 15378(b)(5) of CEQA Guidelines.\nThe action involves an organizational or administrative activity of government\nthat will not result in the direct or indirect physical change in the environment.\nContact Person: Arts Administrator Murphy\n6/23/23, 2:51 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4013\nRecommended Action: 1) Approve a Resolution titled, "A Resolution of the\nCity Council of the City of Encinitas, California, Approving the Application for\nGrant Funds from the Far South/Border North Grant Program" authorizing an\napplication for grant funds from the Far South/Border North grants program\nfrom the San Diego Regional Arts and Culture Coalition and their regional\npartners including the City of San Diego, The San Diego Foundation, and\nCatalyst of San Diego & Imperial Counties; and 2) Authorize the City Manager\nto enter into an agreement with the San Diego Regional Arts and Culture\nCoalition and their regional partners including the City of San Diego, The San\nDiego Foundation, and Catalyst of San Diego & Imperial Counties, in\nconjunction with the City Attorney, subject to future City Council budget\nappropriations.\n2023-06-28 Item 08M Far South Border North Grant

8N. Amendment #1 to the Interwest Contract Agreement for Continued Contractual\nSupport through Fiscal Year 2024-25. Environmental Considerations: The\nitem being considered by the City Council is exempt from California\nEnvironmental Quality Act (CEQA) because it is not a "project" under CEQA\nGuidelines Section 15378(b)(5). The item involves an organizational or\nadministrative activity of government that will not result in the direct or indirect\nphysical change in the environment. Contact Person: Principal Engineer\nStrizic\nRecommended Action: Authorize the City Manager, or designee, in\nconsultation with the City Attorney, to execute, contract Amendment #1, with\nInterwest for continued services by $200,000, for a total not-to-exceed contract\namount of $295,000, and to extend the terms through June 30, 2025.\n2023-06-28 Item 08N Interwest Contract Amendment No. 1

8O. Contract for engineering and construction inspection services for private\ndevelopment between the City of Encinitas and Ardurra Group, Inc.\nEnvironmental Considerations: The action being considered by the City\nCouncil is exempt from the California Environmental Quality Act (CEQA)\nbecause it is not a "project" under Section 15378(b)(5) of CEQA Guidelines.\nThe action involves an organizational or administrative activity of government\nthat will not result in the direct or indirect physical change in the environment.\nThe Climate Action Plan is not related to this item. Contact Person: Principal\nEngineer Strizic\nRecommended Action: Authorize the City Manager, or designee, in\nconsultation with the City Attorney, to execute a contract with Ardurra Group,\nInc. for engineering inspection services related to private land development\nprojects, in substantial form, in an amount not to exceed $970,000 for FY\n2023-24, $989,400 for FY 2024-25, and $1,009,188 for FY 2025- 26, for a\nthree-year term, with options to extend, upon mutual consent, for two\nadditional one year terms in an amount not to exceed $1,029,372 for FY 2026-\n27, and $1,049,959 for FY 2027-2028; and not to exceed five years total and a\ntotal contract cost not to exceed $5,047,919.\n2023-06-28 Item 08O Ardurra Contract 2023-2028\n6/23/23, 2:51 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4013

8P. Reauthorization of the Opening Doors Program for FY 2023-24.\nEnvironmental Considerations: The action being considered by the City\nCouncil is exempt from the California Environmental Quality Act (CEQA)\nbecause it is not a "project" under Section 15378(b)(5) of CEQA Guidelines.\nThe action involves an organizational or administrative activity of government\nthat will not result in the direct or indirect physical change in the environment.\nContact Person: Senior Planner Dacey\nRecommended Action: 1) Review the seventh year (FY 2022-23) results to\ndate of the Opening Doors Program; and 2) Authorize the City Manager to\nexecute a Memorandum of Understanding with the Community Resource\nCenter (CRC), in an amount not to exceed $138,700, for implementation of the\neighth year of the Opening Doors Program in the City of Encinitas in\nsubstantial form, subject to the review and approval of the City Attorney.\n2023-06-28 Item 08P CRC Opening Doors_Combined