Date Item Type Item Description Info Location County City Meeting Type id
April 12, 2023 Order of Business 10 A 10A. Continued Public Hearing to Establish a Permit Parking Zone on Via Molena, Via Tavira, Via Sarasan, Via Palacio and Via Villena. Environmental Considerations: The proposed action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (c) of the CEQA Guidelines. This section exempts permitting projects on existing public streets. Contact Person: City Traffic Engineer Bandegan Recommended Action: Continued Public Hearing to adopt Resolution No. 2023-22, titled, "A Resolution of the City Council of the City of Encinitas, California establishing a permit parking zone on Via Molena (from 200' east of Via Tavira to Via Cantebria), Via Tavira, Via Sarasan, Via Palacio and Via Villena." 2023-04-12 Item 10A Continued Public Hearing Permit Parking Zone Via Molena 2023-04-12 Item 10A ContinĂșa la audiencia pĂșblica para establecer una Zona de Estacionamiento de permisos en Via Molena, Via Tavira, Via Sarasan, Via Palacio y Via Villena 2023-04-12 Item 10A Continued Public Hearing Permit Parking Zone Via Molena April 12, 2023 Order of Business 10 # A San Diego County Encinitas City Council 64320905980f1e35b63192b0
April 12, 2023 Order of Business 10 B 10B. Introduction of Ordinance No. 2023-03 adding Chapter 3.28 (Cannabis Business Tax) to Title 3 of the Encinitas Municipal Code establishing a Tax on Cannabis and Hemp Business Activities within the City and adopting Resolution No. 2023- 21 setting forth the Specific Tax Rates for the Cannabis Business Tax. Environmental Considerations: The Ordinance and Resolutions are exempt from the California Environmental Quality Act, Public Resources Code sections 21000 et seq. ("CEQA") and 14 Cal. Code Regs. section 15000 et seq. ("CEQA Guidelines"). The Ordinance and Resolution are not projects within the meaning of CEQA because they create a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment, pursuant to CEQA Guidelines section 15378(b) (4). Further, it can be seen with certainty that this Ordinance will not have a significant effect on the environment and is therefore exempt pursuant to section 15061(b)(3). Contact Person: Assistant Director of Finance Gallup Recommended Action: 1) Introduce Ordinance No. 2023-03 titled "An Ordinance of the City Council of the City of Encinitas, California adding Chapter 3.28 (Cannabis Business Tax) to Title 3 of the Encinitas Municipal Code establishing a Tax on Cannabis and Hemp Business Activities within the City and amending Ordinance No. 2022-20;" and 2) Adopt City Council Resolution No. 2023-21 titled "A Resolution of the City Council of the City of Encinitas Setting Forth the Specific Tax Rates of the Cannabis Business Tax Pursuant to Encinitas Municipal Code Chapter 3.28." 2023-04-12 Item 10B Introduction of Ordinance 2023-03 Ch 3.28 Cannabis Business Tax April 12, 2023 Order of Business 10 # B San Diego County Encinitas City Council 64320905980f1e35b63192b3
April 12, 2023 Order of Business 10 C 10C. Introduce Ordinance No. 2023-04 to revise Chapter 6.60 (Business Registration Certificate) of Title 6 of the Encinitas Municipal Code to Establish Procedures for Suspension and Revocation of Business Registration Certificates. Environmental Considerations: The Ordinance is exempt from the California Environmental Quality Act, Public Resources Code sections 21000 et seq. ("CEQA") and 14 Cal. Code Regs. section 15000 et seq. ("CEQA Guidelines"). The Ordinance is not a project within the meaning of CEQA because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment and that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment, pursuant to CEQA Guidelines section 15378(b)(5). Further, it can be seen with certainty that this Ordinance will not have a significant effect on the environment and is therefore exempt pursuant to section 15061(b)(3). Contact Person: Senior Planner Mobility Coordinator Jedynak Recommended Action: Introduce Ordinance No. 2023-04 titled "An Ordinance of the City Council of the City of Encinitas, California revising Chapter 6.60 (Business Registration Certificate) of Title 6 of the Encinitas Municipal Code to Establish Procedures for Suspension and Revocation of Business Registration Certificates." 2023-04-12 Item 10C Introduction of Ordinance 2023-04 Ch 6.60 Business Registration April 12, 2023 Order of Business 10 # C San Diego County Encinitas City Council 64320905980f1e35b63192b2
April 12, 2023 Order of Business 11 A 11A. Creating Action from Emails. Contact Person: IT Department Director Jessica Contreras Recommended Action: Receive the oral report. April 12, 2023 Order of Business 11 # A San Diego County Encinitas City Council 64320905980f1e35b63192b8
April 12, 2023 Order of Business 4 A 4A. Presentation of Proclamation Declaring Arbor Day April 12, 2023 Order of Business 4 # A San Diego County Encinitas City Council 64320905980f1e35b63192ae
April 12, 2023 Order of Business 4 B 4B. Poetry Month Presentation April 12, 2023 Order of Business 4 # B San Diego County Encinitas City Council 64320905980f1e35b63192b1
April 12, 2023 Order of Business 8 A 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 Recommended Action: Approve. April 12, 2023 Order of Business 8 # A San Diego County Encinitas City Council 64320905980f1e35b63192ad
April 12, 2023 Order of Business 8 C 8C. Approval of the Warrants List (Register of Demands). Contact Person: Finance Manager Dinh Recommended Action: Staff recommends that the City Council review and approve the warrants. 2023-04-12 Item 08C Approval of Warrants List April 12, 2023 Order of Business 8 # C San Diego County Encinitas City Council 64320905980f1e35b63192ab
April 12, 2023 Order of Business 8 D 8D. Extend use of temporary lights at Leo Mullen Sports Park for Encinitas Express. 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: Recreation Services Manager Hamer Recommended Action: Approve and authorize the City Manager in coordination with the City Attorney, to execute Amendment No. 8, extending the compliance agreement for one additional year between the City of Encinitas and Encinitas Express for use of temporary lights at Leo Mullen Sports Park. 2023-04-12 Item 08D Amendment No. 8 Temporary Lights for Encinitas Express April 12, 2023 Order of Business 8 # D San Diego County Encinitas City Council 64320905980f1e35b63192a8
April 12, 2023 Order of Business 8 E 8E. Adoption of City Council Ordinance No. 2023-02 amending Encinitas Municipal Code Chapter 11.08 and repealing Chapter 11.09 establishing a citywide smoking ban in all public places. CASE NUMBER: PLCY-005913-2023; LOCATION: Citywide. Environmental Considerations: The action being considered by the City Council is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to Section 15308 of the CEQA Guidelines because it is an activity undertaken "to assure the maintenance, restoration, enhancement and protection of the environment" and pursuant to Section 15061(b)(3) because there is no possibility that the activity in question may have a significant effect on the environment. To the extent that the ordinance applies to places of employment, it regulates working conditions by ensuring that employees and volunteers are not exposed to the harmful effects of second-hand smoke and is therefore categorically exempt from CEQA pursuant to Section 15324(c) of Title 14 of the California Code of Regulations ("CEQA Guidelines"). Section 15324(c) exempts regulation of "working conditions where there will be no demonstrable physical changes outside the place of work." Contact Person: Sustainability Manager Najera Recommended Action: Adopt City Council Ordinance No. 2023-02, titled "An Ordinance of the City Council of the City of Encinitas amending Chapter 11.08 (Smoking) of the Encinitas Municipal Code to establish a citywide ban on smoking in public places, and repealing Chapter 11.09 (Smoking Prohibited in Beaches, Parks, Trails, and Outdoor/Patio Dining Areas of Eating Establishments) of the Encinitas Municipal Code." 2023-04-12 Item 08E Smoking Ban Adoption April 12, 2023 Order of Business 8 # E San Diego County Encinitas City Council 64320905980f1e35b63192a7
April 12, 2023 Order of Business 8 F 8F. Extension of Facility Janitorial Services and Lock Up Contract for Parks Facilities. 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: Senior Management Analyst Stratakis Recommended Action: City Council authorizes the City Manager to execute Amendment No. 4 with Blue Moon Management Corporation for Facility Janitorial Services and Lock Up Contract, in conjunction with the City Attorney in substantial form, increasing the Contract not to-exceed amount by $112,344 for an additional six-month term. 2023-04-12 Item 08F Blue Moon Contract Extension April 12, 2023 Order of Business 8 # F San Diego County Encinitas City Council 64320905980f1e35b63192a9
April 12, 2023 Order of Business 8 G 8G. Off-cycle Budget Amendment for Emergency Mold Remediation and Repairs to Encinitas Fire Station 6. 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: Senior Management Analyst Stratakis Recommended Action: 1) Appropriate $143,229 for emergency repairs to the Fire Station 6 project (CF23B) from the Facilities Maintenance Fund 403; and 2) Adopt Resolution 2023-33, titled, " A Resolution of the City Council of The City of Encinitas Amending the Fiscal Year 2022-23 Budget." 2023-04-12 Item 08G Budget Request for Emergency Repairs FST#6 April 12, 2023 Order of Business 8 # G San Diego County Encinitas City Council 64320905980f1e35b63192aa
April 12, 2023 Order of Business 8 H 8H. Award a construction contract for the Moonlight Beach Barrels and Storm Water Repairs Project (CD05E) to Beador Construction Company, Inc. Environmental Considerations: The proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (c) of the CEQA Guidelines. This section exempts projects characterized as minor alterations to public facilities, involving negligible or no expansion of the existing site. The proposed project meets the criteria for this exemption. Contact Person: Senior Engineer Cabrera Recommended Action: cleaning, repairing and lining existing 72-inch metal storm water pipes; removal and replacement of damaged gabion retaining wall in kind; and repairing fencing and sinkhole at Moonlight Beach State Park. 2023-04-12 Item 08H Award Construction Contract Moonlight Beach April 12, 2023 Order of Business 8 # H San Diego County Encinitas City Council 64320905980f1e35b63192b7
April 12, 2023 Order of Business 8 I 8I. Ratification of Emergency Purchase of one fire apparatus for the Fire and Marine Safety Department. 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. The proposed apparatus for purchase will help the City achieve its Climate Action Plan (CAP) goals because the fire apparatus will contain a diesel engine and can be fueled by renewable diesel, which has less emissions than regular diesel. Contact Person: Management Analyst Horn Recommended Action: 1) Adopt Resolution Number 2023- 24, titled "A Resolution of the City Council of the City of Encinitas Ratifying the Emergency Purchase of a City Fire Apparatus;" 2) Adopt Resolution Number 2023-29, titled "A Resolution of the City Council of the City of Encinitas Amending the Adopted Fiscal Year 2022-23 Adopted Budget;" 3) Adopt Resolution 2023-30, titled "A Resolution of the City Council of the City of Encinitas Declaring its Intent to issue Tax-Exempt Financing to be Used to Reimburse the City for Qualified Expenditures Prior to the Issuance of Such Financing;" and 4) Authorize staff to seek long-term financing for the Pierce Stock Enforcer Pumper Fire Engine from Pinnacle Public Finance, on a negotiated basis, and to return to Council with the financing proposal and related documentation for Council approval. 2023-04-12 Item 08I Emergency Fire Apparatus Ratification April 12, 2023 Order of Business 8 # I San Diego County Encinitas City Council 64320905980f1e35b63192b6
April 12, 2023 Order of Business 8 J 8J. Emergency Declaration for Sinkhole Repair on El Camino Real just north of Via Molena, Update on City-Wide Storm Drain Repair Costs to Date, and Request for Additional Funding of $1,500,000 for All City-Wide FY 22/23 Storm Drain Repair Projects. Environmental Considerations: The actions being considered by the City Council are exempt from the California Environmental Quality Act (CEQA) because emergency repairs to essential facilities are exempt from CEQA review under Section 15269. Contact Person: Engineer I Stryker Recommended Action: 1) Approve the Emergency Declaration for Sinkhole Repair and Replacement of 24-inch Corrugated Metal Pipe on El Camino Real just north of Via Molena; and 2) Adopt City Council Resolution No. 2023-26, titled, "A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget" to appropriate $1,500,000 to Project No. CX23A, Emergency Repairs - Storm Sinkholes. 2023-04-12 Item 08J Emergency Declaration ECR Sinkhole April 12, 2023 Order of Business 8 # J San Diego County Encinitas City Council 64320905980f1e35b63192b4
April 12, 2023 Order of Business 8 K 8K. Legislative position letters submitted to Council for consideration. 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: Government & Community Relations Administrator Bates Recommended Action: Bike Smart Handbook (Boerner Horvath); and 4) City Council Legislative Program - Policy C024 dated 3/23/2022. 2023-04-12 Item 08K Legislative Position Letters April 12, 2023 Order of Business 8 # K San Diego County Encinitas City Council 64320905980f1e35b63192b5
April 12, 2023 Order of Business 8 L 8L. Rescinding of the City of Encinitas Administrative Policy No. P048 COVID-19 PROTOCOLS. 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: City Manager Antil Recommended Action: That the City of Encinitas City Council Rescind the City of Encinitas Administrative Policy No.048 COVID-19 PROTOCOLS for unrepresented/management employees and the Encinitas Firefighter Association (EFFA), thereby rescinding both the policy and the side agreement with EFFA. (Rescinding of agreement with the Service Employees International Union (SEIU) will be brought forward separately on another date.) 2023-04-12 Item 08L End Vaccine Mandate - Policy No 048 April 12, 2023 Order of Business 8 # L San Diego County Encinitas City Council 64320905980f1e35b63192af