City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, FEBRUARY 15, 2023 -
06:00 PM
p.m.
City of Encinitas - City Council Chambers
505 S. Vulcan Avenue
Encinitas, California 92024
Each speaker is allowed three (3) minutes to address the City Council.
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
4A.
Divorce with Respect Week Proclamation to be Presented to Rebecca M. Medina, Esq. 2023-02-15 Item 04A Divorce with Respect Week Proclamation
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF (30 MINUTES) Each speaker is allowed three (3) minutes to address the City Council. Please submit a “WHITE” speaker slip to the City Clerk. Time donations are not permitted during Oral Communications. Oral Communication items will be referred to the City Manager either for resolution by administrative action or placement on a future agenda.
6. REPORT FROM CLOSED SESSION (IF HELD)
7. CHANGES TO THE AGENDA Announcements of administrative changes to the agenda, in compliance with the Brown Act.
8. CONSENT CALENDAR The recommendations on the following Consent Calendar will be enacted in one motion unless an item is removed from the Calendar. Any member of the public may remove an item by submitting a “PINK” speaker slip to the City Clerk. Each speaker is allowed three (3) minutes to address the City Council. A maximum of two time donations per speaker is allowed (no more than 9 minutes total); the person donating time must be present. Items removed from the Consent Calendar by a Council Member or the public will be considered immediately following the Consent Calendar. 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 Approve.
8B.
Approval of the Warrants List (Register of Demands). Contact Person: Finance Manager Dinh Staff recommends that the City Council review and approve the warrants. 2023-02-15 Item 08B Approval of Warrants List
8C.
Emergency Declaration for the excavation, leak investigation, and necessary repairs of the 12-inch steel storm drain force main on the west side of North Coast Highway 101 just north of Phoebe Street. Environmental Considerations: The action considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is an emergency under Section 15269(b) of CEQA Guidelines. This project will repair and restore a facility (North Coast Highway 101) that is necessary to maintain essential services. Contact Person: City Engineer Bankston Authorize emergency excavation, leak investigation, and any necessary repairs of the 12-inch steel storm drain force main on the west side of North Coast Highway 101 just north of Phoebe Street. 2023-02-15 Item 08C Emergency Declaration 101 Phoebe Sinkhole 8D.
Fiscal Year 2022-23 Mid-Year Operating Budget Status Report and Proposed Budget Amendments. 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: Finance Manager Sanderson 1) Receive and file the Fiscal Year 2022-23 Mid-Year Operating Budget Status Report; and 2) Adopt Resolution No. 2023-13 titled "A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Adopted Budget." 2023-02-15 Item 08D FY 22-23 Mid-Year Budget Status
8E.
Renewal of the License Agreement between the City of Encinitas and the Friends of the Encinitas Library (Friends) regarding the use and utilization of space at the Encinitas Community Library. 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: Sr. Analyst Lisenbee Authorize the City Manager in coordination with the City Attorney, to execute the renewal of the license agreement in substantial form, between the City of Encinitas and the Friends of the Encinitas Library for the utilization of the 750 square foot storefront space at the Encinitas Community Library for an additional sixty (60) months. 2023-02-15 Item 08E Friends of the Encinitas Library License Agreement 8F.
Agreement for the Encinitas Habitat Stewardship Program with the San Diego Botanic Garden Amendment No. 2 to add Additional Services. Environmental Considerations: The action 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: Park Operations Manager Norgard Authorize the City Manager, in consultation with the City Attorney, to execute Amendment No. 2 in substantial form in the amount of $100,000, for additional maintenance services and extra work for a total not to exceed contract amount of $199,650 and extending the term to June 30, 2024. 2023-02-15 Item 08F SDBG HSP Amendment 2
9. ITEMS REMOVED FROM THE CONSENT CALENDAR Staff reports will be given only if requested by the person who pulled the item.
10. ACTION ITEMS To speak on action items, please submit a “PINK” speaker slip to the City Clerk. Each speaker is allowed three (3) minutes to address the City Council. A maximum of two time donations per speaker is allowed (no more than 9 minutes total); the person donating time must be present. 10A.
Public hearing to review and consider the introduction 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: Substantiality Manager Najera Introduce 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." 2023-02-15 Item 10A Smoking Ban
2023-02-15 Item 10A Smoking Ban - Public Comment
10B.
Via Molena Area Permit Parking Zone Request and Introduction of Ordinance No. 2023-01 amending Chapter 14.41, Permit Parking Zones, of the Encinitas Municipal Code. Environmental Considerations: The action being considered by the City Council is not subject to the California Environmental Quality Act (CEQA) because it is not a "project" per Section 15378(c)(3) and Section 15378(b)(5) of CEQA Guidelines. The action authorizes staff to implement an organizational or administrative activity of government that by itself will not result in a direct physical change in the environment. Contact Person: City Traffic Engineer Bandegan 1) Reject the Permit Parking Zone Request for Via Tavira, Via Sarasan, Via Palacio and Via Villena; and 2) Introduce Ordinance 2023-01, titled, "An Ordinance of the City Council of the City of Encinitas, California, Adopting Amendments to Section 14.41, Permit Parking Zones, of the Encinitas Municipal Code." 2023-02-15 Item 10B Permit Parking
2023-02-15 Item 10B Permit Parking - Public Comment
10C.
Intersection Control Modifications at the intersection of Eolus Avenue, Andrew Avenue and Hillcrest Drive. 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 projects characterized as minor alterations to public facilities, involving negligible or no expansion of the existing use. Contact Person: Traffic Engineer Bandegan 1) Remove parking immediately west of the neighborhood circle at Eolus Avenue, Andrew Avenue and Hillcrest Drive and adjust the size and center of the circle approximately two feet west using the current traffic control devices; 2) Monitor the operation and effectiveness of the shifted neighborhood circle for 3 to 6 months; and 3) If the new alignment is found effective, implement a project to improve aesthetics at the circle. Design of the aesthetic improvements will be presented to the City Council for approval and funding. 2023-02-15 Item 10C Andrew Ave-Eolus Ave-Hilcrest Dr Neighborhood Traffic Circle 2023-02-15 Item 10C Andrew Ave-Eolus Ave-Hilcrest Dr Neighborhood Traffic Circle - Public Comment 10D.
Safety and Mobility Improvements Study in the Vicinity of Housing Element Sites. Environmental Considerations: The action being considered by City Council is exempt from the California Environmental Quality Act (CEQA) because the study is not a "project" per Section 15378(b)(5) of the CEQA Guidelines. Contact Person: Traffic Engineer Bandegan 1) Approve staff recommendation for study's scope of work; and 2) Adopt City Council Resolution No. 2023-14, titled, "A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget" to appropriate $150,000 to the work project (WC23B). 2023-02-15 Item 10D Safety and Mobility Improvements Study in the Vicinity of Housing Element Sites 2023-02-15 Item 10D Safety and Mobility Improvements Study in the Vicinity of Housing Element Sites - Public Comment
11. INFORMATIONAL ITEMS - NONE To speak on informational items, please submit a “PINK” speaker slip to the City Clerk. Each speaker is allowed three (3) minutes to address the City Council. A maximum of two time donations per speaker is allowed (no more than 9 minutes total); the person donating time must be present.
12. COUNCIL MEMBER INITIATED AGENDA ITEM To speak on Council Initiated Items, please submit a “PINK” speaker slip to the City Clerk. Each speaker is allowed three (3) minutes to address the City Council. A maximum of two time donations per speaker is allowed (no more than 9 minutes total); the person donating time must be present. 12A.
Creation of an Ad Hoc Committee to Analyze the City’s Obligations under the No Net Loss law (GC § 65863). Contact Person: Mayor Tony Kranz Form an Ad Hoc committee to Analyze the City’s Obligations under the No Net Loss law. 2023-02-15 Item12A No Net Loss Subcommittee
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
14. CITY MANAGER REPORTS
15. CITY ATTORNEY REPORTS
16. ADJOURNMENT - THE NEXT REGULAR CITY COUNCIL MEETING WILL BE HELD ON FEBRUARY 22, 2023 Notice to the Public:
To ensure that the City meets your needs when addressing the City Council, all presentation materials which require the use of visual equipment need to be submitted to the City's IT Division at least 24 hours in advance of the meeting (except for appeal hearings where materials must be submitted 7 days in advance). This includes photographs, Microsoft Office documents (PowerPoint, Word, Excel).
No CD's, DVD's, or USB thumb/flash drives will be accepted at the meeting.
All materials must be in PC format and digital presentation items must be emailed to [email protected]
. Please label all materials with the corresponding agenda item number. Should technical assistance be necessary, it will be available to presenters from 5:30 p.m. to 5:50 p.m. on the day of the meeting. Presentation of video/digital/photographs are considered part of the maximum time limit provided to speakers.