Encinitas — 2023-04-12

10A. Continued Public Hearing to Establish a Permit Parking Zone\non Via Molena, Via Tavira, Via Sarasan, Via Palacio and Via\nVillena. Environmental Considerations: The proposed action\nis exempt from the California Environmental Quality Act\n(CEQA) pursuant to Section 15301 (c) of the CEQA\nGuidelines. This section exempts permitting projects on\nexisting public streets. Contact Person: City Traffic Engineer\nBandegan\nRecommended Action: Continued Public Hearing to adopt\nResolution No. 2023-22, titled, "A Resolution of the City\nCouncil of the City of Encinitas, California establishing a\npermit parking zone on Via Molena (from 200' east of Via\nTavira to Via Cantebria), Via Tavira, Via Sarasan, Via Palacio\nand Via Villena."\n2023-04-12 Item 10A Continued Public Hearing Permit Parking\nZone Via Molena\n2023-04-12 Item 10A Continúa la audiencia pública para\nestablecer una Zona de Estacionamiento de permisos en Via\nMolena, Via Tavira, Via Sarasan, Via Palacio y Via Villena\n2023-04-12 Item 10A Continued Public Hearing Permit Parking\nZone Via Molena

10B. Introduction of Ordinance No. 2023-03 adding Chapter 3.28\n(Cannabis Business Tax) to Title 3 of the Encinitas Municipal\nCode establishing a Tax on Cannabis and Hemp Business\nActivities within the City and adopting Resolution No. 2023-\n21 setting forth the Specific Tax Rates for the Cannabis\nBusiness Tax. Environmental Considerations: The\nOrdinance and Resolutions are exempt from the California\nEnvironmental Quality Act, Public Resources Code sections\n21000 et seq. ("CEQA") and 14 Cal. Code Regs. section\n15000 et seq. ("CEQA Guidelines"). The Ordinance and\nResolution are not projects within the meaning of CEQA\nbecause they create a government funding mechanism that\ndoes not involve any commitment to any specific project that\nmay result in a potentially significant physical impact on the\nenvironment, pursuant to CEQA Guidelines section 15378(b)\n(4). Further, it can be seen with certainty that this Ordinance\nwill not have a significant effect on the environment and is\ntherefore exempt pursuant to section 15061(b)(3). Contact\nPerson: Assistant Director of Finance Gallup\nRecommended Action: 1) Introduce Ordinance No. 2023-03\ntitled "An Ordinance of the City Council of the City of\nEncinitas, California adding Chapter 3.28 (Cannabis\nBusiness Tax) to Title 3 of the Encinitas Municipal Code\nestablishing a Tax on Cannabis and Hemp Business Activities\nwithin the City and amending Ordinance No. 2022-20;" and 2)\nAdopt City Council Resolution No. 2023-21 titled "A\nResolution of the City Council of the City of Encinitas Setting\nForth the Specific Tax Rates of the Cannabis Business Tax\nPursuant to Encinitas Municipal Code Chapter 3.28."\n2023-04-12 Item 10B Introduction of Ordinance 2023-03 Ch\n3.28 Cannabis Business Tax

10C. Introduce Ordinance No. 2023-04 to revise Chapter 6.60\n(Business Registration Certificate) of Title 6 of the Encinitas\nMunicipal Code to Establish Procedures for Suspension and\nRevocation of Business Registration Certificates.\nEnvironmental Considerations: The Ordinance is exempt\nfrom the California Environmental Quality Act, Public\nResources Code sections 21000 et seq. ("CEQA") and 14\nCal. Code Regs. section 15000 et seq. ("CEQA Guidelines").\nThe Ordinance is not a project within the meaning of CEQA\nbecause it is an organizational or administrative activity that\nwill not result in direct or indirect physical changes in the\nenvironment and that does not involve any commitment to\nany specific project that may result in a potentially significant\nphysical impact on the environment, pursuant to CEQA\nGuidelines section 15378(b)(5). Further, it can be seen with\ncertainty that this Ordinance will not have a significant effect\non the environment and is therefore exempt pursuant to\nsection 15061(b)(3). Contact Person: Senior Planner Mobility\nCoordinator Jedynak\nRecommended Action: Introduce Ordinance No. 2023-04\ntitled "An Ordinance of the City Council of the City of\nEncinitas, California revising Chapter 6.60 (Business\nRegistration Certificate) of Title 6 of the Encinitas Municipal\nCode to Establish Procedures for Suspension and\nRevocation of Business Registration Certificates."\n2023-04-12 Item 10C Introduction of Ordinance 2023-04 Ch\n6.60 Business Registration

11A. Creating Action from Emails. Contact Person: IT Department\nDirector Jessica Contreras\nRecommended Action: Receive the oral report.

4A. Presentation of Proclamation Declaring Arbor Day

4B. Poetry Month Presentation

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

8C. Approval of the Warrants List (Register of Demands). Contact\nPerson: Finance Manager Dinh\nRecommended Action: Staff recommends that the City\nCouncil review and approve the warrants.\n2023-04-12 Item 08C Approval of Warrants List

8D. Extend use of temporary lights at Leo Mullen Sports Park for\nEncinitas Express. Environmental Considerations: The action\nbeing considered by the City Council is exempt from the\nCalifornia Environmental Quality Act (CEQA) because it is not\na "project" under Section 15378(b)(5) of CEQA Guidelines.\nThe action involves an organizational or administrative activity\nof government that will not result in the direct or indirect\nphysical change in the environment. Contact Person:\nRecreation Services Manager Hamer\nRecommended Action: Approve and authorize the City\nManager in coordination with the City Attorney, to execute\nAmendment No. 8, extending the compliance agreement for\none additional year between the City of Encinitas and\nEncinitas Express for use of temporary lights at Leo Mullen\nSports Park.\n2023-04-12 Item 08D Amendment No. 8 Temporary Lights for\nEncinitas Express

8E. Adoption of City Council Ordinance No. 2023-02 amending\nEncinitas Municipal Code Chapter 11.08 and repealing\nChapter 11.09 establishing a citywide smoking ban in all public\nplaces. CASE NUMBER: PLCY-005913-2023; LOCATION:\nCitywide. Environmental Considerations: The action being\nconsidered by the City Council is exempt from the provisions\nof the California Environmental Quality Act ("CEQA") pursuant\nto Section 15308 of the CEQA Guidelines because it is an\nactivity undertaken "to assure the maintenance, restoration,\nenhancement and protection of the environment" and pursuant\nto Section 15061(b)(3) because there is no possibility that the\nactivity in question may have a significant effect on the\nenvironment. To the extent that the ordinance applies to\nplaces of employment, it regulates working conditions by\nensuring that employees and volunteers are not exposed to\nthe harmful effects of second-hand smoke and is therefore\ncategorically exempt from CEQA pursuant to Section 15324(c)\nof Title 14 of the California Code of Regulations ("CEQA\nGuidelines"). Section 15324(c) exempts regulation of "working\nconditions where there will be no demonstrable physical\nchanges outside the place of work." Contact Person:\nSustainability Manager Najera\nRecommended Action: Adopt City Council Ordinance No.\n2023-02, titled "An Ordinance of the City Council of the City of\nEncinitas amending Chapter 11.08 (Smoking) of the Encinitas\nMunicipal Code to establish a citywide ban on smoking in\npublic places, and repealing Chapter 11.09 (Smoking\nProhibited in Beaches, Parks, Trails, and Outdoor/Patio Dining\nAreas of Eating Establishments) of the Encinitas Municipal\nCode."\n2023-04-12 Item 08E Smoking Ban Adoption

8F. Extension of Facility Janitorial Services and Lock Up Contract\nfor Parks Facilities. Environmental Considerations: The action\nbeing considered by the City Council is exempt from the\nCalifornia Environmental Quality Act (CEQA) because it is not\na "project" under Section 15378(b)(5) of CEQA Guidelines.\nThe action involves an organizational or administrative activity\nof government that will not result in the direct or indirect\nphysical change in the environment. Contact Person: Senior\nManagement Analyst Stratakis\nRecommended Action: City Council authorizes the City\nManager to execute Amendment No. 4 with Blue Moon\nManagement Corporation for Facility Janitorial Services and\nLock Up Contract, in conjunction with the City Attorney in\nsubstantial form, increasing the Contract not to-exceed amount\nby $112,344 for an additional six-month term.\n2023-04-12 Item 08F Blue Moon Contract Extension

8G. Off-cycle Budget Amendment for Emergency Mold\nRemediation and Repairs to Encinitas Fire Station 6.\nEnvironmental Considerations: The action being considered\nby the City Council is exempt from the California\nEnvironmental Quality Act (CEQA) because it is not a "project"\nunder Section 15378(b)(5) of CEQA Guidelines. The action\ninvolves an organizational or administrative activity of\ngovernment that will not result in the direct or indirect physical\nchange in the environment. Contact Person: Senior\nManagement Analyst Stratakis\nRecommended Action: 1) Appropriate $143,229 for\nemergency repairs to the Fire Station 6 project (CF23B) from\nthe Facilities Maintenance Fund 403; and 2) Adopt Resolution\n2023-33, titled, " A Resolution of the City Council of The City of\nEncinitas Amending the Fiscal Year 2022-23 Budget."\n2023-04-12 Item 08G Budget Request for Emergency Repairs\nFST#6

8H. Award a construction contract for the Moonlight Beach Barrels\nand Storm Water Repairs Project (CD05E) to Beador\nConstruction Company, Inc. Environmental Considerations:\nThe proposed project is exempt from the California\nEnvironmental Quality Act (CEQA) pursuant to Section 15301\n(c) of the CEQA Guidelines. This section exempts projects\ncharacterized as minor alterations to public facilities, involving\nnegligible or no expansion of the existing site. The proposed\nproject meets the criteria for this exemption. Contact Person:\nSenior Engineer Cabrera\nRecommended Action: cleaning, repairing and lining existing\n72-inch metal storm water pipes; removal and replacement of\ndamaged gabion retaining wall in kind; and repairing fencing\nand sinkhole at Moonlight Beach State Park.\n2023-04-12 Item 08H Award Construction Contract Moonlight\nBeach

8I. Ratification of Emergency Purchase of one fire apparatus for\nthe Fire and Marine Safety Department. Environmental\nConsiderations: The action being considered by the City\nCouncil is exempt from the California Environmental Quality\nAct (CEQA) because it is not a "project" under Section\n15378(b)(5) of CEQA Guidelines. The action involves an\norganizational or administrative activity of government that will\nnot result in the direct or indirect physical change in the\nenvironment. The proposed apparatus for purchase will help\nthe City achieve its Climate Action Plan (CAP) goals because\nthe fire apparatus will contain a diesel engine and can be\nfueled by renewable diesel, which has less emissions than\nregular diesel. Contact Person: Management Analyst Horn\nRecommended Action: 1) Adopt Resolution Number 2023-\n24, titled "A Resolution of the City Council of the City of\nEncinitas Ratifying the Emergency Purchase of a City Fire\nApparatus;" 2) Adopt Resolution Number 2023-29, titled "A\nResolution of the City Council of the City of Encinitas\nAmending the Adopted Fiscal Year 2022-23 Adopted Budget;"\n3) Adopt Resolution 2023-30, titled "A Resolution of the City\nCouncil of the City of Encinitas Declaring its Intent to issue\nTax-Exempt Financing to be Used to Reimburse the City for\nQualified Expenditures Prior to the Issuance of Such\nFinancing;" and 4) Authorize staff to seek long-term financing\nfor the Pierce Stock Enforcer Pumper Fire Engine from\nPinnacle Public Finance, on a negotiated basis, and to return\nto Council with the financing proposal and related\ndocumentation for Council approval.\n2023-04-12 Item 08I Emergency Fire Apparatus Ratification

8J. Emergency Declaration for Sinkhole Repair on El Camino Real\njust north of Via Molena, Update on City-Wide Storm Drain\nRepair Costs to Date, and Request for Additional Funding of\n$1,500,000 for All City-Wide FY 22/23 Storm Drain Repair\nProjects. Environmental Considerations: The actions being\nconsidered by the City Council are exempt from the California\nEnvironmental Quality Act (CEQA) because emergency repairs\nto essential facilities are exempt from CEQA review under\nSection 15269. Contact Person: Engineer I Stryker\nRecommended Action: 1) Approve the Emergency\nDeclaration for Sinkhole Repair and Replacement of 24-inch\nCorrugated Metal Pipe on El Camino Real just north of Via\nMolena; and 2) Adopt City Council Resolution No. 2023-26,\ntitled, "A Resolution of the City Council of the City of Encinitas\nAmending the Fiscal Year 2022-23 Budget" to appropriate\n$1,500,000 to Project No. CX23A, Emergency Repairs - Storm\nSinkholes.\n2023-04-12 Item 08J Emergency Declaration ECR Sinkhole

8K. Legislative position letters submitted to Council for\nconsideration. Environmental Considerations: The action\nbeing considered by the City Council is exempt from the\nCalifornia Environmental Quality Act (CEQA) because it is not\na "project" under Section 15378(b)(5) of CEQA Guidelines.\nThe action involves an organizational or administrative activity\nof government that will not result in the direct or indirect\nphysical change in the environment. Contact Person:\nGovernment & Community Relations Administrator Bates\nRecommended Action: Bike Smart Handbook (Boerner\nHorvath); and 4) City Council Legislative Program - Policy\nC024 dated 3/23/2022.\n2023-04-12 Item 08K Legislative Position Letters

8L. Rescinding of the City of Encinitas Administrative Policy No.\nP048 COVID-19 PROTOCOLS. Environmental\nConsiderations: The action being considered by the City\nCouncil is exempt from the California Environmental Quality\nAct (CEQA) because it is not a "project" under Section\n15378(b)(5) of CEQA Guidelines. The action involves an\norganizational or administrative activity of government that will\nnot result in the direct or indirect physical change in the\nenvironment. Contact Person: City Manager Antil\nRecommended Action: That the City of Encinitas City Council\nRescind the City of Encinitas Administrative Policy No.048\nCOVID-19 PROTOCOLS for unrepresented/management\nemployees and the Encinitas Firefighter Association (EFFA),\nthereby rescinding both the policy and the side agreement with\nEFFA. (Rescinding of agreement with the Service Employees\nInternational Union (SEIU) will be brought forward separately\non another date.)\n2023-04-12 Item 08L End Vaccine Mandate - Policy No 048