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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
APRIL 12, 2023, 6:00 P.M., 505 SOUTH VULCANAVENUE
1. CALL TO ORDER
Mayor Kranz called the meeting to order at 6:15 p.m.
2. ROLL CALL
Present: Mayor Tony Kranz, Deputy Mayor Joy Lyndes, Council Members Allison Blackwell, Bruce Ehlers, and Kellie Shay Hinze
Absent: None
Also present: City Manager Antil, City Attorney Preziosi, Traffic Engineer Bandegan, Director of Finance McBroom, Assistant Director of Finance Gallup, Sustainability, Government & Community Relations Administrator Bates, Senior Planner Mobility Coordinator Jedynak, Sustainability Manager Najera, Development Services Director Sapa'u, and Deputy City Clerk Weichers, and Program Coordinator Rapp
There being a quorum present, the meeting was in order.
3. PLEDGE OF ALLEGIANCE
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
4A. Presentation of Proclamation Declaring Arbor Day
Mayor Kranz presented the Arbor Day Proclamation.
Director Mabry gave detail for upcoming Arbor Day celebration on April 22, 2023, from 9:00 a.m. to 12:00 p.m. at Leucadia Oaks Park. 4B. Poetry Month Presentation
Mike Redmond and Cathy Carey presented information on poetry month and outreach art programs.
Mayor Kranz presented the Poetry Month Proclamation to Full Moon Poets.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Barbara Gordon spoke regarding support for smokefree multi -unit housing. 4/12/2023 Regular Meeting Page 1 Mtg. #2023- , Bk#39, Page
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Raul Villamar spoke regarding downtown dining.
Jerylanne Kessler spoke regarding the Staver housing project on Melba Road.
Ellen Burr spoke on various items in the City.
Kelly McCormick spoke regarding AB1207.
Scott Campbell spoke regarding various issues in the City.
6. REPORT FROM CLOSED SESSION
No Closed Session was held.
7. CHANGES TO THE AGENDA
Deputy Clerk Weichers stated that regarding Item 8K, the recommended action should not include action 4 which is an attachment only.
8. CONSENT CALENDAR
Deputy City Clerk stated that Items 8E and 8K were being removed from the Consent Calendar by members of the public.
Council Member Ehlers removed Item 8J from the Consent Calendar.
COUNCIL ACTION:
Hinze moved, Ehlers seconded to close and adopt the Consent Calendar with the exception of Items 8E, 8J, and 8K. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None. 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.
8B. Approval of the Minutes of the March 15, 2023, Special Meeting, March 15, 2023, Regular Meeting, March 22, 2023, Special Meeting, and March 22, 2023, Regular Meeting. Contact Person: City Clerk Hollywood Recommended Action: Approve the Minutes.
8C. Approval of the Warrants List (Register of Demands). Contact Person:
Finance Manager Dinh
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Recommended Action: Staff recommends that the City Council review and approve the warrants.
8D. Extend use of temporary lights at Leo Mullen Sports Park for Encinitas Express. Contact Person: Recreation Services Manager Hamer 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.
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.
8F. Extension of Facility Janitorial Services and Lock Up Contract for Parks Facilities. Contact Person: Senior Management Analyst Stratakis 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.
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.
8G. Off -cycle Budget Amendment for Emergency Mold Remediation and Repairs to Encinitas Fire Station 6. Contact Person: Senior Management Analyst Stratakis
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.
Recommended Action: 1) Appropriate $143,229 for emergency repairs to the Fire Station 6 project (CF23B) from the Facilities Maintenance Fund 4/12/2023 Regular Meeting Page 3 Mtg. #2023- , 13039, Page
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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." 8H. Award a construction contract for the Moonlight Beach Barrels and Storm Water Repairs Project (CD05E) to Beador Construction Company, Inc.
Contact Person: Senior Engineer Cabrera
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.
Recommended Action: Authorize the City Manager, or designee, to execute a contract in substantial form and any necessary amendments and time extensions, in consultation with the City Attorney, with Beador Construction Company, Inc., in the amount of $1,194,300 plus 15 percent contingency of $179,145 for a total construction contract not -to -exceed amount of $1,373,445 for: 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.
81. Ratification of Emergency Purchase of one fire apparatus for the Fire and Marine Safety Department. Contact Person: Management Analyst Horn 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.
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.
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8L. Rescinding of the City of Encinitas Administrative Policy No. P048 COVID- 19 PROTOCOLS. Contact Person: City Manager Antil
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.
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.)
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
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. Contact Person: Sustainability Manager Najera
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."
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." 4/12/2023 Regular Meeting Page 5 Mtg. #2023- , Bk#39, Page_
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SPEAKER:
Katie Poponyak spoke in support of this item.
COUNCIL ACTION:
Hinze moved, Lyndes seconded to 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.". Motion Carried.
Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None.
Absent: None.
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. Contact Person: Engineer I Stryker 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.
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.
Director of Finance McBroom and Director of Engineering Bankston answered questions from the Council.
COUNCIL ACTION:
Ehlers moved, Kranz seconded to: 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. Motion Carried. Ayes:
Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent:
None.
8K. Legislative position letters submitted to Council for consideration. Contact Person: Government & Community Relations Administrator Bates 4/12/2023 Regular Meeting Page 6 Mtg. #2023- ,13039, Page
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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.
Recommended Action: 1) Ratify SB 381 E-Bikes Safety Study (Min); 2) Approve AB 73 Bicyclists: Stop as Yield Pilot Program (Boerner Horvath); 3) Approve AB 1188: Bike Smart Handbook (Boerner Horvath); argil-4) City BcnQril Legislative Dr rnrn Dnlinv (024 dated 3i23i2022
SPEAKER
Scott Campbell spoke in opposition of AB 73.
After discussion, Council agreed to bifurcate the staff recommended action.
COUNCIL ACTIONS:
Kranz moved, Ehlers seconded to ratify SB 381 E-Bikes Safety Study (Min) legislative position letter; and approve AB 1188: Bike Smart Handbook (Boerner Horvath) legislative position letter. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays:
None. Absent: None.
Hinze moved, Blackwell seconded to approve AB 73 Bicyclists: Stop as Yield Pilot Program (Boerner Horvath) legislative position letter.
Motion Carried. Ayes: Blackwell, Hinze, Kranz, and Lyndes. Nays:
Ehlers. Absent: None.
10. ACTION ITEMS
10A. Continued Public Hearing to Establish a Permit Parking Zone on Via Molena, Via Tavira, Via Sarasan, Via Palacio and Via Villena. Contact Person: City Traffic Engineer Bandegan
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.
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."
Ana Nava introduced the item in Spanish.
Traffic Engineer Bandegan presented the staff report.
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COUNCIL DISCLOSURES OF ANY INFORMATION RECEIVED THAT IS NOT INCLUDED IN THE AGENDA PACKET:
Council Member Blackwell had nothing to disclose.
Council Member Ehlers has nothing to disclosed.
Council Member Hinze had nothing to disclose.
Deputy Mayor Lyndes disclosed that she had previously met with neighbors and management from the apartment complex.
Mayor Kranz had nothing to disclose.
Traffic Engineer Bandegan responded to preliminary questions from the Council.
Mayor Kranz opened the public hearing.
SPEAKERS:
Lauren Garrett, Bonnie Bobzien, Sandra Anderson, Fred Gelin, Anthony Webster, Tony Joulapour, Carla Hoffman, Mark Hawkins, Ohad Tzur, Scott Pogue, Enrique Alvarez, and Wendy Schelew spoke in support of the recommended action.
Mayor Kranz closed the public hearing.
COUNCIL ACTION:
Lyndes moved, Blackwell seconded 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." Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes.
Nays: None. Absent: None.
The Mayor called the meeting into a recess at 8:28 p.m., and reconvened the meeting at 8:39 p.m.
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. Contact Person: Assistant Director of Finance Gallup
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 4/12/2023 Regular Meeting Page 8 Mtg. #2023- , Bk#39, Page
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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).
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." Assistant Director of Finance Gallup presented the staff report and responded to questions from the Council.
COUNCIL ACTION:
Kranz moved, Hinze seconded to: 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.". Motion Carried. Ayes:
Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent:
None.
10C. Introduce Ordinance No.
Registration Certificate) of
Establish Procedures for
Registration Certificates.
Coordinator Jedynak
2023-04 to revise Chapter 6.60 (Business
Title 6 of the Encinitas Municipal Code to
Suspension and Revocation of Business
Contact Person: Senior Planner Mobility
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 4/12/2023 Regular Meeting Page 9 Mtg. #2023- , Bk#39, Page
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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).
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."
Senior Planner Mobility Coordinator Jedynak presented the staff report and responded to questions from the Council.
COUNCIL ACTION:
Hinze moved, Lyndes seconded to 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" amended to modify Municipal Code sub -section 6.60.020 definitions under crucial activity #1 to adjust the cap from $1,500 to $5,000.
Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes.
Nays: None. Absent: None.
11. INFORMATIONAL ITEMS
11A. Creating Action from Emails. Contact Person: IT Department Director Jessica Contreras
Recommended Action: Receive the oral report.
IT Department Director Contreras and IT Supervisor Van Pelt presented a PowerPoint and responded to questions from the Council.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
There were no Council Member initiated items.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Council Member Ehlers reported on the California Native Plant Society Native Plant Tour in Encinitas.
Council Member Hinze reported on a NCTD Board meeting.
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Deputy Mayor Lyndes reported on a San Diego County Water Authority meeting, a SANDAG Reginal Planning Committee meeting, a SANDAG Regional Habitat Conservation Task Force meeting.
Mayor Kranz reported on a SANDAG Meeting and a Ribbon cutting with Deputy Mayor Lyndes and Council Member Ehlers at Mira Costa Collage for Olivenhain's Purple Pipe System Project.
14. CITY MANAGER REPORTS
City Manager Antil provided updates on the following:
Encinitas Community Dog Park will be closed for the month of May for annual maintenance and restoration.
• Olympus Dog Park will be reopening on May 1, 2023
• Off leash hours are available at Viewpoint Park, Orpheus Park, Sun Vista Park, and Mountain Vista Trail.
15. CITY ATTORNEY REPORTS
City Attorney Preziosi reported that Senate Bill 1186 will be become effective in 2024 regarding medical cannabis delivery into the city.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 9:21 p.m.
rDocuSlgned by:
�'� P-60
e e elMrs, Deputy City Clerk
By: Jackie Rapp
Program Coordinator
DocuSlgned by:
oAy rani, -Mayor
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