Encinitas — 2023-12-13

10A. Public Hearing and Introduction of Ordinance 2023-07, an Ordinance of the\nCity of Encinitas, California, adding Encinitas Municipal Code Chapter 9.85 -\nShopping Cart Ordinance. 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 15378(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: Environmental Project Manager\nSteenblock\nRecommended Action: 1) Open the Public Hearing; and 2) Introduce\nOrdinance 2023-07, titled "An Ordinance of the City Council of the City of\nEncinitas, California, adding Chapter 9.85 "Shopping Carts" to the Encinitas\nMunicipal Code to Require Containment of Shopping Carts on Business\nPremises and Making it Unlawful to Remove a Shopping Cart Therefrom."\n2023-12-13 Item 10A Shopping Cart Ordinance Intro\n2023-12-13 Item 10A Shopping Cart Ordinance Intro

10B. Discussion and selection of the Deputy Mayor. 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:\nCity Clerk Hollywood\nRecommended Action: Council to select one of its members as Deputy\nMayor.\n2023-12-13 Item 10B Selection of Deputy Mayor

10C. Legislative Policy and Priorities (C024) Review and Discussion for potential\nupdates for the 2024 Legislative Season. Environmental Considerations: The\naction being considered by the City Council is exempt from the California\nEnvironmental Quality Act (CEQA) because it is not a "project" under Section\n15378(b)(5) of CEQA Guidelines. The action involves an organizational or\nadministrative activity of government that will not result in the direct or indirect\nphysical change in the environment. Contact Person: Assistant City Manager\nCampbell\nRecommended Action: Review and discuss the Legislative Program and\nprovide direction to staff for changes to the draft 2024 policy or priorities.\n2023-12-13 Item 10C Legislative Policy and Priorities\n12/8/23, 1:17 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=3933

10D. Design and Plans for Safety Enhancement Projects for Bicycle Facilities.\nEnvironmental Considerations: It has been determined that the proposed\nproject is exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301 (c) of the CEQA Guidelines. This section exempts\nprojects characterized as minor alterations to public facilities, involving\nnegligible or no expansion of the existing use. Maintenance, striping, and\nrepair are proposed on an existing public street and does not create additional\nautomobile lanes. The proposed project meets the criteria for this exemption.\nContact Person: City Traffic Engineer Bandegan\nRecommended Action: 1) Approve the plans for safety enhancement\nprojects for bicycle facilities; and 2) Adopt Resolution No. 2023-142, titled, "A\nResolution of the City Council of the City of Encinitas, California, Approving\nthe Design and Plans for Safety Enhancement Projects for Bicycle Facilities,\nPursuant to Government Code Section 830.6."\n2023-12-13 Item 10D Potential Safety Enhancement Projects for Bicycling in\nEncinitas\n2023-12-13 Item 10D Potential Safety Enhancement Projects for Bicycling in\nEncinitas - Updated Page 2 posted 120723

11A. Mobility Update. Contact Person: Mobility Manager Buck\nRecommended Action: Receive the oral report.

4A. Presentation of Proclamation to Trish Dugger as Poet Laureate

4B. Presentation of Quarterly Sheriff’s Update

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.\n2023-12-13 Item 08C Approval of Warrants List

8D. Consideration of Proposed Changes to the 2024 calendar year City Council\nMeeting Schedule. 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 15378(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: City Clerk Hollywood\nRecommended Action: Approve the proposed changes to the 2024 calendar\nyear City Council Meeting Schedule and adopt City Council Resolution 2023-\n119, titled "A Resolution of the City Council of the City of Encinitas, California,\n12/8/23, 1:17 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=3933\nApproving Changes to the Calendar Year 2024 City Council Meeting\nSchedule."\n2023-12-13 Item 08D City Council Meeting Schedule 2024

8E. Adoption of City Council Ordinance No. 2023-11 reflecting revisions to\nEncinitas Municipal Code (EMC) Chapters, 12.16, 12.20 and 2.28.\nEnvironmental Considerations: The action considered by the City Council is\nexempt from the California Environmental Quality Act (CEQA) because it is not\na "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:\nSenior Human Resources Analyst Chase\nRecommended Action: Staff recommends that City Council adopt Ordinance\nNo. 2023-11, titled "An Ordinance of the City Council of the City of Encinitas,\nCalifornia, Amending Chapters 12.16, 12.20 and 2.28 of the Encinitas\nMunicipal Code."\n2023-12-13 Item 08E Muni Code Changes

8F. City Council consideration for a request to extend the affordable funding\ncommitment deadline at 1150 Quail Gardens Drive for the Fox Point Farms\ndevelopment from December 31, 2023 to December 31, 2024. Environmental\nConsiderations: The action being considered by the City Council is not subject\nto the California Environmental Quality Act (CEQA) pursuant to Section\n15060(c)(3) of the CEQA Guidelines because it is not defined as a "project"\nunder Section 15378(b)(5). The action involves an organizational or\nadministrative activity of government that will not result in direct or indirect\nphysical change in the environment. Contact Person: Housing Services\nManager Dacey\nRecommended Action: Extend the funding commitment for an affordable\nhousing loan request in an amount up to $400,000 with Chelsea Investment\nCorporation, in partnership with Shea Homes, for the development of 40\naffordable units from December 31, 2023, to December 31, 2024, subject to\nsubmission of a revised affordable housing plan and the award of tax-exempt\nbonds and low-income tax credits.\n2023-12-13 Item 08F Fox Point Affordable Loan Extension

8G. Amend the current budget to appropriate $300,000 to Project No. CD05E,\nStorm Drain Repair, to fund repair projects; and increase the Not-to-Exceed\nAmount on the Beador Construction Contract for the Moonlight Beach Barrels\nand Storm Water Repairs project from $1,373,445 to $1,620,680.\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 Engineer Cabrera\n12/8/23, 1:17 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=3933\nRecommended Action: 1) Adopt City Council Resolution No. 2023-136 titled,\n"A Resolution of the City Council of the City of Encinitas, California Amending\nthe Fiscal Year 2023-2024 Budget" to Appropriate $300,000 to Project No.\nCD05E Storm Drain Repair; and 2) Increase the Not-to-Exceed Amount on the\nBeador Construction Contract for the Moonlight Beach Barrels and Storm\nWater Repairs project from $1,373,445 to $1,620,680.\n2023-12-13 Item 08G Moonlight Beach Barrels and Storm Water Repairs\nBudget Amendment (CD05E)_FINALCOMBINED

8H. Approval of off-cycle budget adjustment for Housing Choice Voucher (HCV)\nProgram. Environmental Considerations: The action being considered by the\nCity Council is not subject to the California Environmental Quality Act (CEQA)\npursuant to Section 15060(c)(3) of the CEQA Guidelines because it is not\ndefined as a "project" under Section 15378(b)(5). The action involves an\norganizational or administrative activity of government that will not result in\ndirect or indirect physical change in the environment. Contact Person:\nManagement Analyst Schubert\nRecommended Action: Approve City Council Resolution No. 2023-137, titled,\n"A Resolution of the City Council of the City of Encinitas, California, Amending\nthe Fiscal Year 2023-24 Budget" for the Housing Choice Voucher (HCV)\n(previously known as Section 8) Program.\n2023-12-13 Item 08H Budget Amendment Housing Choice Voucher (HCV)\nProgram

8I. Acceptance of the South Coast Highway 101 Cycle Track Phase II Project\n(CS22C). Environmental Considerations: The actions being considered by\nthe City Council are 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: Engineer II Barr\nRecommended Action: 1) Authorize the filing of the Notice of Completion for\nthe subject project; 2) Authorize the release of the payment bond in full upon\nthe recording of the Notice of Completion; 3) Authorize the release of the\nperformance bond in full one (1) year after the recording of the Notices of\nCompletion; and 4) Adopt City Council Resolution No. 2023-133, titled "A\nResolution of the City Council of the City of Encinitas, California, Accepting the\nSouth Coast Highway 101 Cycle Track Phase II Project (CS22C)."\n2023-12-13 Item 08I NOC S. Coast Hwy 101 Cycle Track

8J. Stormwater Program Implementation Professional Services Agreement.\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: Environmental Programs Manager Steenblock\n12/8/23, 1:17 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=3933\nRecommended Action: Authorize the City Manager, or her designee, in\nconsultation with the City Attorney and in substantial form, to execute a three-\nyear agreement between the City of Encinitas and WSP USA Environment and\nInfrastructure, Inc., to provide technical support services for the City's\nStormwater Management Program, for a total not-to-exceed contract amount\nof $238,588.\n2023-12-13 Item 08J Stormwater Professional Services Agreement (WSP USA)

8K. Approve as-needed environmental services agreements for discretionary\nplanning projects. 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 15378(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: Senior Planner Danna\nRecommended Action: Authorize the City Manager, in consultation with the\nCity Attorney, to execute agreements in substantial form with Michael Baker\nInternational, Inc., Recon Environmental, Inc., and Chambers Group, Inc. as\nset forth in Attachments 1-3, and any necessary amendments and time\nextensions. Each agreement will be for an annual amount of $150,000 and a\ntotal agreement amount not to exceed of $675,000 over the four-and-one-half-\nyear period for each firm if both renewal options are exercised after the initial\ntwo-and-one-half-year term (to align with the fiscal year).\n2023-12-13 Item 08K CEQA Approve as-needed environmental services\nagreements

8L. Approval of street list and authorization to advertise the FY 2023-24 Citywide\nStreet Overlay and Slurry Seal Project (CS24A). Environmental\nConsiderations: The actions being considered by the City Council are exempt\nfrom the California Environmental Quality Act (CEQA) because they are not a\n"project" under Section 15378(b)(5) of CEQA Guidelines. The actions involve\norganizational or administrative activities of government that will not result in\nthe direct or indirect physical change in the environment. Contact Person:\nSenior Engineer Cabrera\nRecommended Action: 1) Approve the street list for the FY 2023-24 Citywide\nStreet Overlay and Slurry Seal Project (CS24A); and 2) Authorize\nadvertisement of the FY 2023-24 Citywide Street Overlay and Slurry Seal\nProject (CS24A).\n2023-12-13 Item 08L FY23-24 Paving Street List

8M. Year two assessment of the BCycle Bikeshare Pilot Program and\nrecommendation to extend the license agreement with BCycle for two years, in\naccordance with the agreement terms. Environmental Considerations: The\naction being considered by the City Council is exempt from the California\nEnvironmental Quality Act (CEQA) because it is not a "project" under Section\n12/8/23, 1:17 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=3933\n15378(b)(5) of CEQA Guidelines. The action involves an organizational or\nadministrative activity of government that will not result in direct or indirect\nphysical change in the environment. Contact Person: Mobility Manager Buck\nRecommended Action: 1) Review BCycle Bikeshare Program Year Two\nAssessment Report; and 2) Authorize the City Manager, in consultation with\nthe City Attorney, to execute an amendment to the license agreement with\nBCycle to extend bikeshare service for two (2) years in substantial form.\n2023-12-13 Item 08M BCycle Bikeshare License Agreement

8N. Authorization to Execute a Contract with TACenergy, LLC for Renewable\nDiesel Fuel Delivery. 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 15378(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: Environmental Programs\nManager Steenblock\nRecommended Action: Authorize the City Manager, or her designee, to\nexecute a contract in substantial form in consultation with the City Attorney,\nbetween the City of Encinitas and TACenergy, LLC to provide renewable\ndiesel fuel delivery to the Public Works Facility (160 Calle Magdalena), Fire\nStation #3 (801 Orpheus Avenue) and Fire Station #4 (2011 Village Park Way)\nfor one initial three-year term, and authorize the City Manager to extend the\ncontract for two (2) additional one-year terms for a total contract term not to\nexceed five years and a not-to-exceed contract amount of $885,570.\n2023-12-13 Item 08N Renewable Diesel Agreement

8O. Consider Design and Plans and Request to Advertise for the Olivenhain Trail\nEnhancements Project (CP23E). Environmental Considerations: The action\nbeing considered by the City Council is exempt from the California\nEnvironmental Quality Act (CEQA) because it is not a "project" under Section\n15378(b)(5) of CEQA Guidelines. The action involves an organizational or\nadministrative activity of government that will not result in the direct or indirect\nphysical change in the environment. Contact Person: Senior Engineer\nBaldenegro\nRecommended Action: 1) Approve the plans for the Olivenhain Trail\nEnhancements Project; 2) Authorize the advertisement of the Olivenhain Trail\nEnhancements Project for construction bids; and 3) Adopt Resolution No.\n2023-144 titled, "A Resolution of the City Council of the City of Encinitas,\nApproving the Design and Plans for Construction of the Olivenhain Trail\nImprovements project, pursuant to Government Code Section 830.6."\n2023-12-13 Item 08O Olivenhain Trail Design Immunity