Encinitas — 2024-06-12

10A. Public Hearing and Consideration of Adopting Parks and Recreation User Fee\nAdjustments based on the annual average Consumer Price Index (CPI)\nadjustments from 2023 for the San Diego Region. 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:\nDirector of Parks, Recreation and Cultural Arts Knopp\nRecommended Action: Staff recommends that City Council adopt Resolution\nNo. 2024-68 titled, "A Resolution of the City Council of the City of Encinitas,\nCalifornia, Amending the Parks and Recreation User Fees."\n2024-06-12 Item 10A PRCA Fee Amendment

10B. City Council to provide policy direction for desired modifications to current\noutdoor dining permitting processes, specifically regarding design standards\nfor safety and aesthetics of protective outdoor dining barriers, and\nconsideration of a right-of-way usage fee for outdoor dining in public parking\nspaces. Environmental Considerations: The action before the City Council is\nnot subject to the California Environmental Quality Act (CEQA) pursuant to\nSection 15060(c)(3) of the CEQA Guidelines since the action is not a "project"\npursuant to Section 15378(b)(5). The action involves an organizational or\nadministrative activity of government that will not result in a direct or indirect\nphysical change in the environment. Contact Person: Senior Mobility Planner\nJedynak\nRecommended Action: 1) Provide direction to staff regarding safety and\naesthetics of protective barriers; and 2) Adopt Resolution No. 2024-64 titled,\n6/7/24, 3:15 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4497\n"A Resolution of the City Council of the City of Encinitas, California, Adopting\nan Outdoor Dining Right-of-Way Usage Fee."\n2024-06-12 Item 10B Outdoor Dining Permitting Process

10C. Request to Approve Plans and Authorize Advertisement of the Beacon’s\nBeach Parking Lot Reconstruction project (CP22A), and Receive an Update\non Beacon’s Beach Access. Environmental Considerations: Pursuant to the\nCalifornia Environmental Quality Act, the project is exempt per Sections 15311\nand 15304(e). Section 15311 exempts the construction and replacement of\nminor structures including small parking lots. Section 15304(e) exempts the\ntemporary construction staging area for the duration of the project. The project\nis consistent with the CEQA exemption criteria. In addition, none of the\nexceptions listed in Section 15300.2 exist for the proposed project. Contact\nPerson: Engineer II Stryker\nRecommended Action: 1) Receive staff presentation on current and ongoing\nefforts at Beacon's Beach and provide direction to staff; 2) Approve the plans\nfor the Beacon's Beach Parking Lot Reconstruction project; 3) Authorize the\nadvertisement of the Beacon's Beach Parking Lot Reconstruction project for\nconstruction bids; and 4) Adopt Resolution No. 2024-001 titled, "Resolution of\nthe City Council of the City of Encinitas Approving the Design and Plans for\nConstruction of the Beacon's Beach Parking Lot Reconstruction project,\npursuant to Government Code Section 830.6."\n2024-06-12 Item 10C Beacon’s Beach Parking Lot (CP22A) Design Immunity &\nUpdate

10D. Consideration of resolutions calling a General Municipal Election and\nrequesting the County Board of Supervisors to consolidate the City’s General\nMunicipal Election with the Statewide General Election. 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: 1) Adopt Resolution No. 2024-40, titled "A Resolution\nof the City Council of the City of Encinitas, California, Calling for the Holding\nof a General Municipal Election to be Held on Tuesday, November 5, 2024, for\nthe Election of Certain Officers as Required by the Provisions of the Laws of\nthe State of California Relating to General Law Cities and the Submission to\nthe Qualified Electors of the City a Measure Placed on the Ballot by the City\nCouncil Relating to a One-Cent Per Dollar General Transactions and Use\n(Sales) Tax" and setting direct and rebuttal argument deadlines; and 2) Adopt\nResolution No. 2024-41, titled "A Resolution of the City Council of the City of\nEncinitas, California, Requesting the Board of Supervisors of the County of\nSan Diego to Consolidate a General Municipal Election to be Held on\nNovember 5, 2024, with the Statewide General Election to be Held on the\nDate Pursuant to Section 10403 of the California Election Code."\n6/7/24, 3:15 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4497\n2024-06-12 Item 10D Calling and Consolidating the November 2024 Election

10E. Discussion of Signatures on Sales Tax Ballot Measure Argument and\nRebuttal. 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)(5) of CEQA Guidelines.\nToday’s action involves an organizational or administrative activity of\ngovernment that will not result in the direct or indirect physical change to the\nenvironment. Contact Person: Subcommittee Members Mayor Kranz and\nCouncil Member Hinze\nRecommended Action: Allow the Ballot Subcommittee (Kranz and Hinze) to\nmake the final determination on ballot measure argument/rebuttal co-signers.\n2024-12-06 Item 10E Ballot Subcomitte Report

4A. Presentation on Public Transit and Development by North County Transit\nDistrict

8C. Approval of Warrants List (Register of Demands). Contact Person: Finance\nManager Dinh\nRecommended Action: Staff recommends that the City Council review and\napprove the warrants.\n2024-06-12 Item 08C Approval of Warrants List

8D. Adoption of Ordinance No. 2024-04 titled, "An Ordinance of the City Council of\nthe City of Encinitas, California, adopting amendments to Chapter 23.12\n(Uniform Codes for Construction) of Title 23 (Building and Construction) of the\nEncinitas Municipal Code to make certain amendments, additions, and\ndeletions related to energy efficiency and green building." Environmental\nConsiderations: The adoption of Ordinance No. 2024-04 will not have a\nsignificant effect on the environment because the strengthened requirements\nreduce hazards and accommodate features to reduce environmental effects.\nThe adoption of the ordinance is exempt from environmental review as per\nSection 15308 of the CEQA Guidelines, which allows a categorical exemption\nfor "actions taken by regulatory agencies, as authorized by state or local\nordinance, to assure the maintenance, restoration, enhancement, or protection\nof the environment where the regulatory process involves procedures for\n6/7/24, 3:15 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4497\nprotection of the environment." Furthermore, the adoption of the ordinance\nwas previously evaluated in the Final Negative Declaration (ND) for the\nClimate Action Plan (Case No. 17-224), dated December 5, 2017, and\nAddendum to the ND (Case No. ENV-004106-2020), dated Oct 20, 2020. The\nND and the Addendum evaluated the potential environmental effects of the\nimplementation of the Climate Action Plan, including the adoption and\nenforcement of energy efficiency and renewable energy ordinances. This\nproject is within the scope of the Final Negative Declaration and the\nAddendum, and no further California Environmental Quality Act (CEQA)\ncompliance is required. Contact Person: Sustainability Analyst Wampler\nRecommended Action: Staff recommends that the City Council adopt\nOrdinance No. 2024-04 titled, "An Ordinance of the City Council of the City of\nEncinitas, California, adopting amendments to Chapter 23.12 (Uniform Codes\nfor Construction) of Title 23 (Building and Construction) of the Encinitas\nMunicipal Code to make certain amendments, additions, and deletions related\nto energy efficiency and green building."\n2024-06-12 Item 08D Green Building Ordinance Adoption

8E. Parks and Recreation Commission Work Plan Outcomes for Fiscal Year 2023-\n24 and Proposed Work Plan for Fiscal Year 2024-25. 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 Operations Manager Norgard\nRecommended Action: 1) Receive final reported outcomes for the Fiscal\nYear 2023-24 Parks and Recreation Commission Work Plan; and 2) Approve\nthe proposed Fiscal Year 2024-25 Parks and Recreation Commission Work\nPlan.\n2024-06-12 Item 08E Parks and Recreation Commission Work Plan

8F. Federal Legislative Consulting Services Agreement. 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:\nAssistant City Manager Campbell\nRecommended Action: Authorize the City Manager to execute a three-year\nFederal Legislative Consulting Services agreement with options for two\nadditional one (1) year terms, in conjunction with the City Attorney, in\nsubstantial form with Carpi & Clay, Inc., for a three-year agreement total not to\nexceed amount of $180,000, and a not to exceed amount of $303,624 if the\noptions for two additional one (1) year terms to extend the agreement are\nexecuted.\n6/7/24, 3:15 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4497\n2024-06-12 Item 08F Legislative Agreement

8G. Legislative position letters submitted to City Council for support and\nopposition. 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: Assistant City Manager Campbell\nRecommended Action: 1) Ratify Support Letter for SB 1234 - Coastal\nResources: Local Land Use Plan: Zoning Ordinances and District Maps: Non-\nsubstantive Modifications (Allen); and 2) Ratify Opposition Letter for SB 951 -\nCalifornia Coastal Act of 1976: coastal zone: coastal development (Wiener).\n2024-06-12 Item 08G Legislative Position Letters

8H. Grant application to the California Interagency Council on Homelessness (Cal\nICH) Round 3 of the Encampment Resolution Funding (ERF) Grant Program\n(ERF-3-R). 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 Persons: Housing Services Manager Dacey and Policy\nPlanning and Housing Manager Anders\nRecommended Action: 1) Authorize the City Manager, or designee, to submit\nan application to Cal ICH for Round 3 of the Encampment Resolution Funding;\nand 2) If funding is awarded, authorize the City Manager to enter, execute, and\ndeliver an agreement with Cal ICH, or designee, in an amount to be awarded.\n2024-06-12 Item 08H Encampment Grant Application

8I. Agreement for the Encinitas Habitat Stewardship Program with the San Diego\nBotanic Garden Amendment No. 3 to add Additional Services. 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 Operations Manager Norgard\nRecommended Action: Authorize the City Manager to execute Amendment\nNo. 3 to the contract with the San Diego Botanic Garden for the Encinitas\nHabitat Stewardship Program additional services and extra work, in\nconjunction with the City Attorney in substantial form, in the amount of $50,000\nfor a total not to exceed $249,650 for additional sites and extra work and\nextending the term of the contract to June 30, 2026.\n2024-06-12 Item 08I SDBG Amendment 3\n6/7/24, 3:15 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4497

8J. Award a construction contract for the Olivenhain Trail Enhancements Project\n(CP23E) to Tri-Group Construction and Development, Inc. Environmental\nConsiderations: The proposed project is exempt from the California\nEnvironmental Quality Act (CEQA) pursuant to Section 15301(c) of the CEQA\nGuidelines. This section exempts projects characterized as minor alteration of\nexisting public facilities, involving negligible or no expansion of existing use.\nThe types of existing facilities include bicycle and pedestrian trails. The\nproposed project meets the criteria for this exemption. None of the exceptions\nin Section 15300.2 of the CEQA Guidelines are applicable to the project.\nContact Person: Senior Engineer Baldenegro\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 Tri-Group\nConstruction and Development, Inc., in the amount of $164,480 plus 15\npercent contingency of $24,672 for a total construction contract not-to-exceed\namount of $189,152 for: constructing approximately 1,160-ft of 36-42-in tall\ntwo (2) rail fence made of composite material that is resistant to rot and insect\ndamage 18 inches from the face of curb along the east parkway of Rancho\nSanta Fe Rd from Lone Jack Rd to south of 13th St; and 2) Adopt City Council\nResolution No. 2024-72 titled, "A Resolution of the City Council of the City of\nEncinitas, California, Amending the Fiscal Year 2023-24 Budget" to\nappropriate $113,248 to the Olivenhain Trail Enhancements Project (CP23E).\n2024-06-12 Item 08J Olivenhain Trail Enhancements (CP23E) Contract Award

8K. Award a construction contract for the Cardiff Sports Park LED Retrofit Project\n(CP23C) to Ace Electric, Inc. Environmental Considerations: The proposed\nproject is exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301(a) of the CEQA Guidelines. This section exempts\nprojects characterized as maintenance of existing public facilities, involving\nnegligible or no expansion of existing use. The proposed project meets the\ncriteria for this exemption. None of the exceptions in Section 15300.2 of the\nCEQA Guidelines are applicable to the project. Contact Person: Senior\nEngineer Baldenegro\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 Ace Electric, Inc.,\nin the amount of $645,000 plus 15 percent contingency of $96,750 for a total\nnot-to-exceed construction contract amount of $741,750 for the Cardiff Sports\nPark LED Retrofit Project (CP23C); and 2) Adopt City Council Resolution No.\n2024-69 titled, "A Resolution of the City Council of the City of Encinitas,\nCalifornia, Amending the Fiscal Year 2023-24 Budget" to appropriate $134,118\nto the Cardiff Sports Park LED Retrofit Project (CP23C).\n2024-06-12 Item 08K Cardiff Sports Park LED Retrofit (CP23C) Contract Award

8L. Resolution accepting a report for state-mandated annual fire inspections in\ncompliance with SB 1205. Environmental Considerations: The action being\nconsidered by the City Council is exempt from the California Environmental\n6/7/24, 3:15 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4497\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: Fire Marshal Schmidt\nRecommended Action: Adopt Resolution No. 2024-48 titled, "A Resolution of\nthe City Council of the City of Encinitas, California, Acknowledging Receipt of\na Report Made by the Fire Chief of the Encinitas Fire Department Regarding\nthe Inspection of Certain Occupancies Required to Perform Annual\nInspections in Such Occupancies Pursuant to Sections 13146.2 and 13146.3\nof the California Health and Safety Code."\n2024-06-12 Item 08L State Mandated Fire Inspections SB 1205

8M. Annual weed abatement lien list for property owners who have not paid for\nremoval of hazardous weeds and authorize the Fire Prevention Division to\ntransmit the list to the County of San Diego. Environmental Considerations:\nThe action 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: Fire Marshal Schmidt\nRecommended Action: 1) Present the annual weed abatement lien list; and\n2) Authorize the Fire Prevention Division to deliver the list to the County of San\nDiego.\n2024-06-12 Item 08M Annual Weed Abatement Lien list 2024

8N. Adoption of Ordinance No. 2024-02, establishing lower speed limits on\ndifferent streets in Encinitas pursuant to provisions of Assembly Bill 43\n(AB43). Environmental Considerations: The actions being considered by the\nCity Council are exempt from the California Environmental Quality Act (CEQA)\nbecause they are not a "project" under Section 15378(b)(5) of CEQA\nGuidelines. The actions involve organizational or administrative activities of\ngovernment that will not result in the direct or indirect physical change in the\nenvironment. Contact Person: Traffic Engineer Bandegan\nRecommended Action: Adopt Ordinance No. 2024-02, titled "An Ordinance\nof the City Council of the City of Encinitas, California, establishing lower speed\nlimits on different streets in Encinitas pursuant to provisions of Assembly Bill\n43 (AB43)."\n2024-06-12 Item 08N AB43 Ordinance Adoption

8O. Potential Reappropriation of Funding from the Leucadia Blvd Roundabout at\nHygeia Project (CS18B) and La Costa Avenue Improvements Project (CS11C)\nto the Leucadia Streetscape Segment C West Project (CS23D) or Other\nProject, and Increase the Construction Contract Not-to-Exceed Amount with\nBlue Pacific Engineering and Construction, Inc. Environmental\nConsiderations: The action being considered by the City Council is exempt\nfrom the California Environmental Quality Act (CEQA) because it is not a\n6/7/24, 3:15 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4497\n"project" under Section 15378(b)(5) of CEQA Guidelines. The action involves\nan organizational or administrative activity of government that will result in the\ndirect or indirect physical change of the environment. Contact Person:\nPrincipal Engineer Widelski\nRecommended Action: 1) Return $2,014,632 of available capital budget from\nthe Leucadia Blvd Roundabout at Hygeia Project (CS18B) and $1,208,182\nfrom the La Costa Avenue Improvements Project (CS11C), for a total of\n$3,222,814 and appropriate to the Leucadia Streetscape Segment C West\nProject (CS23D), or to another City Project as Directed by City Council; 2)\nAdopt City Council Resolution No. 2024-63 titled, "A Resolution of the City\nCouncil of the City of Encinitas, California, Amending the Fiscal Year 2023-24\nBudget" to appropriate $3,222,814 to the Leucadia Streetscape Segment C\nWest Project (CS23D), or to another City Project as Directed by City Council;\nand 3) Authorize an increase of $5,022,814 to the construction contract not-to-\nexceed amount with Blue Pacific Engineering and Construction, Inc. from\n$21,921,870 to $26,944,684, if City Council directs additional funding into the\nproject.\n2024-06-12 Item 08O Potential Streetscape Segment C Funding Transfer

8P. Citywide Landscape Maintenance Services Agreement Amendment No. 1 to\nadd Additional Services. 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: Parks Operations Manager\nNorgard\nRecommended Action: Authorize the City Manager to execute Amendment\nNo. 1 to the agreement with Excel Landscape, Inc. for Citywide Landscape\nMaintenance Services, in conjunction with the City Attorney in substantial\nform, for a total increase of $360,203 for the original four-year term and a\nrevised not to exceed total of $11,207,746 for the original four-year term for\nadditional sites and extra work and a six-year contract total not to exceed\n$11,499,586 if the optional term is exercised.\n2024-06-12 Item 08P Excel Contract Amendment

8Q. Approval of FY 2024-25 Operating Budget and FY 2024-25 to FY 2028-29\nCapital Improvement Program (CIP) and Financial Plan; Adoption of\nResolution 2024-65, Approving Operating and CIP Appropriations for FY 2024-\n25; Adoption of Resolution 2024-66, Determining the Appropriations Limit for\nFY 2024-25; and Adoption of Resolution 2024-67, Approving Position Titles\nand Pay Ranges for FY 2024-25. 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: Finance Manager\nSanderson\n6/7/24, 3:15 PM encinitas.granicus.com/GeneratedAgendaViewer.php?view_id=7&event_id=4497\nRecommended Action: 1) Adopt Resolution No. 2024-65 titled, "A Resolution\nof the City Council of the City of Encinitas, California, Adopting the Fiscal Year\n2024-25 Operating Budget and Capital Improvement Program Appropriations";\n2) Adopt Resolution No. 2024-66 titled, "A Resolution of the City Council of the\nCity of Encinitas, California, Determining and Adopting the Appropriations Limit\nfor Fiscal Year 2024-25 in Accordance with Article XIII-B of the Constitution of\nthe State of California"; and 3) Adopt Resolution No. 2024-67 titled, "A\nResolution of the City Council of the City of Encinitas, California, Approving\nTitles and Pay Ranges for the City of Encinitas for Fiscal Year 2024-25"\n2024-06-12 Item 08Q FY25 Operating and Capital Budget Adoption