Encinitas — 2023-02-15

10A. Public hearing to review and consider the introduction of City Council\nOrdinance No. 2023-02 amending Encinitas Municipal Code Chapter 11.08\nand repealing Chapter 11.09 establishing a citywide smoking ban in all public\nplaces. CASE NUMBER: PLCY-005913-2023; LOCATION: Citywide.\nEnvironmental Considerations: The action being considered by the City\nCouncil is exempt from the provisions of the California Environmental Quality\nAct ("CEQA") pursuant to Section 15308 of the CEQA Guidelines because it is\nan activity undertaken "to assure the maintenance, restoration, enhancement\nand protection of the environment" and pursuant to Section 15061(b)(3)\nbecause there is no possibility that the activity in question may have a\nsignificant effect on the environment. To the extent that the ordinance applies\nto places of employment, it regulates working conditions by ensuring that\nemployees and volunteers are not exposed to the harmful effects of second-\nhand smoke and is therefore categorically exempt from CEQA pursuant to\nSection 15324(c) of Title 14 of the California Code of Regulations ("CEQA\nGuidelines"). Section 15324(c) exempts regulation of "working conditions\nwhere there will be no demonstrable physical changes outside the place of\nwork." Contact Person: Substantiality Manager Najera\nRecommended Action: Introduce City Council Ordinance No. 2023-02, titled\n"An Ordinance of the City Council of the City of Encinitas amending Chapter\n11.08 (Smoking) of the Encinitas Municipal Code to establish a citywide ban\non smoking in public places, and repealing Chapter 11.09 (Smoking\nProhibited in Beaches, Parks, Trails, and Outdoor/Patio Dining Areas of Eating\nEstablishments) of the Encinitas Municipal Code."\n2023-02-15 Item 10A Smoking Ban

10B. Via Molena Area Permit Parking Zone Request and Introduction of Ordinance\nNo. 2023-01 amending Chapter 14.41, Permit Parking Zones, of the Encinitas\nMunicipal Code. Environmental Considerations: The action being considered\nby the City Council is not subject to the California Environmental Quality Act\n(CEQA) because it is not a "project" per Section 15378(c)(3) and Section\n15378(b)(5) of CEQA Guidelines. The action authorizes staff to implement an\norganizational or administrative activity of government that by itself will not\nresult in a direct physical change in the environment. Contact Person: City\nTraffic Engineer Bandegan\nRecommended Action: 1) Reject the Permit Parking Zone Request for Via\nTavira, Via Sarasan, Via Palacio and Via Villena; and 2) Introduce Ordinance\n2023-01, titled, "An Ordinance of the City Council of the City of Encinitas,\nCalifornia, Adopting Amendments to Section 14.41, Permit Parking Zones, of\nthe Encinitas Municipal Code."\n2023-02-15 Item 10B Permit Parking

10C. Intersection Control Modifications at the intersection of Eolus Avenue, Andrew\nAvenue and Hillcrest Drive. Environmental Considerations: The proposed\naction 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. Contact Person: Traffic\nEngineer Bandegan\nRecommended Action: 1) Remove parking immediately west of the\nneighborhood circle at Eolus Avenue, Andrew Avenue and Hillcrest Drive and\nadjust the size and center of the circle approximately two feet west using the\ncurrent traffic control devices; 2) Monitor the operation and effectiveness of\nthe shifted neighborhood circle for 3 to 6 months; and 3) If the new alignment\nis found effective, implement a project to improve aesthetics at the circle.\nDesign of the aesthetic improvements will be presented to the City Council for\napproval and funding.\n2023-02-15 Item 10C Andrew Ave-Eolus Ave-Hilcrest Dr Neighborhood Traffic\nCircle

10D. Safety and Mobility Improvements Study in the Vicinity of Housing Element\nSites. Environmental Considerations: The action being considered by City\nCouncil is exempt from the California Environmental Quality Act (CEQA)\nbecause the study is not a "project" per Section 15378(b)(5) of the CEQA\nGuidelines. Contact Person: Traffic Engineer Bandegan\nRecommended Action: 1) Approve staff recommendation for study's scope\nof work; and 2) Adopt City Council Resolution No. 2023-14, titled, "A\nResolution of the City Council of the City of Encinitas Amending the Fiscal\nYear 2022-23 Budget" to appropriate $150,000 to the work project (WC23B).\n2023-02-15 Item 10D Safety and Mobility Improvements Study in the Vicinity of\nHousing Element Sites

12A. Creation of an Ad Hoc Committee to Analyze the City’s Obligations under the\nNo Net Loss law (GC § 65863). Contact Person: Mayor Tony Kranz\nRecommended Action: Form an Ad Hoc committee to Analyze the City’s\nObligations under the No Net Loss law.\n2023-02-15 Item12A No Net Loss Subcommittee

4A. Divorce with Respect Week Proclamation to be Presented to Rebecca M.\nMedina, Esq.\n2023-02-15 Item 04A Divorce with Respect Week Proclamation

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.

8B. 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.\n2023-02-15 Item 08B Approval of Warrants List

8C. Emergency Declaration for the excavation, leak investigation, and necessary\nrepairs of the 12-inch steel storm drain force main on the west side of North\nCoast Highway 101 just north of Phoebe Street. Environmental\nConsiderations: The action considered by the City Council is exempt from the\nCalifornia Environmental Quality Act (CEQA) because it is an emergency\nunder Section 15269(b) of CEQA Guidelines. This project will repair and\nrestore a facility (North Coast Highway 101) that is necessary to maintain\nessential services. Contact Person: City Engineer Bankston\nRecommended Action: Authorize emergency excavation, leak investigation,\nand any necessary repairs of the 12-inch steel storm drain force main on the\nwest side of North Coast Highway 101 just north of Phoebe Street.\n2023-02-15 Item 08C Emergency Declaration 101 Phoebe Sinkhole

8D. Fiscal Year 2022-23 Mid-Year Operating Budget Status Report and Proposed\nBudget Amendments. 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: Finance Manager Sanderson\nRecommended Action: 1) Receive and file the Fiscal Year 2022-23 Mid-Year\nOperating Budget Status Report; and 2) Adopt Resolution No. 2023-13 titled\n"A Resolution of the City Council of the City of Encinitas Amending the Fiscal\nYear 2022-23 Adopted Budget."\n2023-02-15 Item 08D FY 22-23 Mid-Year Budget Status

8E. Renewal of the License Agreement between the City of Encinitas and the\nFriends of the Encinitas Library (Friends) regarding the use and utilization of\nspace at the Encinitas Community Library. 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: Sr. Analyst Lisenbee\nRecommended Action: Authorize the City Manager in coordination with the\nCity Attorney, to execute the renewal of the license agreement in substantial\nform, between the City of Encinitas and the Friends of the Encinitas Library for\nthe utilization of the 750 square foot storefront space at the Encinitas\nCommunity Library for an additional sixty (60) months.\n2023-02-15 Item 08E Friends of the Encinitas Library License Agreement

8F. Agreement for the Encinitas Habitat Stewardship Program with the San Diego\nBotanic Garden Amendment No. 2 to add Additional Services. Environmental\nConsiderations: The action considered by the City Council is exempt from the\nCalifornia Environmental Quality Act (CEQA) because it is not a "project"\nunder Section 15378(b)(5) of CEQA Guidelines. The action involves an\norganizational or administrative activity of government that will not result in the\ndirect or indirect physical change in the environment. Contact Person: Park\nOperations Manager Norgard\nRecommended Action: Authorize the City Manager, in consultation with the\nCity Attorney, to execute Amendment No. 2 in substantial form in the amount\nof $100,000, for additional maintenance services and extra work for a total not\nto exceed contract amount of $199,650 and extending the term to June 30,\n2024.\n2023-02-15 Item 08F SDBG HSP Amendment 2