MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING JULY 8, 2015, 6:00 P.M., 505 SOUTH VULCAN AVENUE

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1 MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING JULY 8, 2015, 6:00 P.M., 505 SOUTH VULCAN AVENUE 1. CALL TO ORDER Mayor Gaspar called the meeting to order at 6:21 P.M. 2. ROLL CALL Present: Absent: Mayor Kristin Gaspar, Deputy Mayor Catherine S. Blakespear, Council Members Tony Kranz, Mark Muir and Lisa Shaffer. None. Also present: City Attorney Sabine, Public Works Director Pruim, Senior Engineer Maher, Fire Marshal Pupping, Management Analyst McSeveney, Associate Planner Dichoso, City Clerk Hollywood and Deputy City Clerk Bingham. There being a quorum present, the meeting was in order. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS AND PROCLAMATIONS 4A. San Diego Forward: The Regional Plan (SANDAG) Charles Stoll, representing SANDAG, presented an overview of the San Diego Forward: The Regional Plan. 5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF Jim Gilliam invited all to attend the ipalpiti Festival July 9 through July 26. James McDonald spoke regarding the use of pesticides and herbicides in the City. Eric Robinson spoke regarding signage for educating the public about the effects of neonicotinoids on bees and butterflies. Dennis Lees spoke regarding the Environmental Commission s scope of work. Rhonda Graves and Rachel Graves spoke regarding unpermitted units in the City. 07/08/15 Reg. Mtg. Page 1 Mtg , Bk#29, Page 1 8/19/2015 Item #8A Page 1

2 07/08/2015 Regular Meeting 6. REPORT FROM CLOSED SESSION Mayor Gaspar announced that at the 3:00 p.m. Closed Session meeting Council took the following actions: Regarding City Agenda Item #1, on a 3-2 vote (Gaspar, Muir voted no) Council approved a settlement agreement with the Building Industry Association (BIA). Mayor Gaspar read the attached press release. Regarding City Agenda Item #2 and SDWD Agenda Item #3, Council/Board by unanimous vote gave direction to the City/Board negotiators to move forward with the negotiations. 7. CHANGES TO THE AGENDA There were no changes to the posted agenda. 8. CONSENT CALENDAR City Clerk Hollywood stated that the following change was made to the 6/10/15 Regular meeting minutes Agenda Item #10F: DIRECTION TO STAFF: Staff direction to add language to the plan and policy prohibiting the use of neonicotinoids and to report back to the City Council on the City s ability to prohibit the use of certain pesticides on private property. In addition, staff was directed to prepare proposals for a pilot project in one park or area of the City where no pesticides/chemicals would be applied, to include informational signage and the development of an educational/outreach campaign. ACTION: Muir moved, Shaffer seconded to close and adopt the Consent Calendar and to include the amendment to the 6/10/15 minutes. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 8A. Approval of the Minutes of the 6/10/15 Regular Meeting, 6/17/15 Regular Meeting, 6/17/2015 Special Meeting, 6/18/15 Special Meeting and 6/24/15 Regular Meeting. Contact Person: City Clerk Hollywood Recommended Action: Approve the Minutes. 8B. Summary vacation of an unused portion of road right-of way located at Dewitt Avenue. Contact Person: Senior Engineer Maher 07/08/15 Reg. Mtg. Page 2 Mtg , Bk#29, Page 8/19/2015 Item #8A Page 2

3 07/08/2015 Regular Meeting Recommended Action: Adopt City Council Resolution approving the summary vacation of a portion of Dewitt Avenue right-of-way fronting the property at Dewitt Avenue. 8C. California Fire Assistance Agreement Policy Update. Contact Person: Fire Chief Daigle Recommended Action: Adopt City Council Resolution , approving portal-to-portal compensation reimbursement for Fire personnel via the California Fire Assistant Agreement. 8D. Donation acceptance from Surfing Madonna Oceans Project. Contact Person: Recreation Superintendent Gorham Recommended Action: Accept a donation from the Surfing Madonna Oceans Project in the amount of $11,000 for the following: 1) $10,000 for educational programming at Swami s and Moonlight State Beaches; and 2) $1,000 for the Special Olympics athlete meal support. 8E. Second reading and adoption of City Council Ordinance , titled An Ordinance of the City of Encinitas, California, adopting an amendment to Title 9; Public Safety, Peace, and Health of the Encinitas Municipal Code by adding a new Section 9.23 to regulate the retail sale of dogs and cats in the City of Encinitas. CASE NUMBER: ZOA; APPLICANT: City of Encinitas; LOCATION: Citywide. Contact Person: Associate Planner Winter Recommended Action: Adopt City Council Ordinance titled, An Ordinance of the City of Encinitas, California, adopting an amendment to Title 9; Public Safety, Peace, and Health of the Encinitas Municipal Code by adding a new Section 9.23 to regulate the retail sale of dogs and cats in the City of Encinitas. 8F. Designation of Council Members to represent the City of Encinitas as a voting delegate and a voting delegate-alternate at the League of California Cities (LCC) Annual Conference in September Contact Person: City Clerk Hollywood Recommended Action: Adopt Resolution designating Deputy Mayor Blakespear to represent the City of Encinitas as a voting delegate and Council Member Shaffer as a voting delegate-alternate at the LCC Annual Conference in September G. Summary vacation on an unused portion of road right-of-way on East F Street and South Vulcan Avenue adjacent to 649 South Vulcan Avenue. Contact Person: Senior Engineer Maher 07/08/15 Reg. Mtg. Page 3 Mtg , Bk#29, Page 8/19/2015 Item #8A Page 3

4 07/08/2015 Regular Meeting Recommended Action: Adopt City Council Resolution approving the summary vacation of a portion of right-of-way located at South Vulcan Avenue and East F Street at 649 South Vulcan Avenue. 9. ITEMS REMOVED FROM THE CONSENT CALENDAR 10. ACTION ITEMS 10A. Public Hearing of an appeal filed by Dennis LeDuc regarding public improvements required per Planning Commission Resolution approved on April 2, The appeal was continued from the May 27, 2015 City Council public hearing. CASE NUMBER: DR/CDP; APPLICANT / APPELLANT: Dennis and Courtney LeDuc; LOCATION: 1265 Saxony Road (APN ). Contact Person: Senior Engineer Maher Recommended Action: Review the new improvement/grading plan submitted by the applicant. Should the proposed grading and improvements satisfy City Council s requirements, adopt City Council Resolution and set aside public improvements required per Planning Commission Resolution No Senior Engineer Maher presented the staff report. Disclosures: All Council Members/Mayor had nothing to report. Mayor Gaspar opened the public hearing. Dennis LeDuc, the applicant/appellant presented his appeal. Speakers: Don Edson, Kathleen Lees and Gene Chapo stated that they were not in support of widening the road in front of the project. Mayor Gaspar closed the public hearing. ACTION: Muir moved, Gaspar seconded to adopt Resolution and set aside public improvements required per Planning Commission Resolution Motion carried. Ayes: Gaspar, Kranz, Muir, Shaffer. Nays: Blakespear. 07/08/15 Reg. Mtg. Page 4 Mtg , Bk#29, Page 8/19/2015 Item #8A Page 4

5 07/08/2015 Regular Meeting 10B. Discussion and direction on City of Encinitas Legislative Program for Contact Person: Senior Management Analyst McSeveney Recommended Action: Council reviews the 2015 City of Encinitas Legislative Program and provides staff with direction for any modifications. Senior Management Analyst McSeveney presented the staff report and introduced Lobbyist Jonathan Clay who was available to answer questions. STAFF DIRECTION There was staff direction to return to Council with proposed language for including public health and safety to the legislative program and to authorize the Mayor to send letters of appreciation to those legislators supporting the City s position on AB C. Summary vacation of an unused portion of road right-of-way located at 1244 Summit Avenue. (Continued from City Council meeting on May 13, 2015). Contact Person: Senior Engineer Maher Recommended Action: Adopt City Council Resolution approving the summary vacation of a portion of Summit Avenue right-of-way fronting the property at 1244 Summit Avenue. Senior Engineer Maher presented the staff report. ACTION: Blakespear moved, Shaffer seconded to adopt City Council Resolution approving the summary vacation of a portion of Summit Avenue right-of-way fronting the property at 1244 Summit Avenue. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 10D. Subcommittee recommendation for new City Manager Employment Agreement. Contact Person: Mayor Gaspar and Deputy Mayor Blakespear Recommended Action: Review the agreement and take appropriate action. Mayor Gaspar presented the staff report. ACTION: Muir moved, Kranz seconded to approve the City Manager Employment Agreement with Karen Brust as presented. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 07/08/15 Reg. Mtg. Page 5 Mtg , Bk#29, Page 8/19/2015 Item #8A Page 5

6 07/08/2015 Regular Meeting 10E. Presentation of proposals to buy or lease former Fire Station 2 at 1867 Mackinnon Avenue. Contact Person: Senior Management Analyst McSeveney Recommended Action: Council take one of the following actions: 1) Choose one of the proposals and direct staff to negotiate sale or lease of the property; 2) Direct the City Manager to pursue another alternative not identified in this report; or 3) Take no action. Senior Management Analyst McSeveney presented the staff report. Speakers: Joyce Trippe, John Musser, and John Najjar spoke. ACTION: Blakespear moved, Shaffer seconded to direct staff to agendize negotiations of a possible lease agreement of the property at 1867 Mackinnon Avenue to GJ Trippe Inc., and to direct staff to return with information regarding the steps necessary to re-zone the property as residential. Motion carried. Ayes: Blakespear, Kranz, Muir, Shaffer. Nays: Gaspar. 11. INFORMATIONAL ITEMS There were no informational items. 12. COUNCIL MEMBER INITIATED AGENDA ITEM 12A. Council initiated item from Council Member Kranz regarding Traffic Circulation Element Update. Council Member Kranz presented the Council initiated item. STAFF DIRECTION: Direction to the Planning Director and the Public Works Director to return with possible options for including the Traffic Circulation Element Update with the Housing Element Update. 13. FUTURE AGENDA ITEMS ADDED BY COUNCIL MEMBERS No future agenda items were added. 07/08/15 Reg. Mtg. Page 6 Mtg , Bk#29, Page 8/19/2015 Item #8A Page 6

7 07/08/2015 Regular Meeting 14. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC (d)) / POSSIBLE DIRECTION TO STAFF Council Members Kranz and Muir had nothing to report. Council Member Shaffer reported on the SANDAG Board meeting. Deputy Mayor Blakespear and Mayor Gaspar reported that they had attended an Ad hoc Subcommittee meeting for the new City Manager employment agreement. 15. CITY MANAGER REPORTS / PENDING FUTURE AGENDA ITEMS No reports were given. 16. CITY ATTORNEY REPORTS No reports were given. 17. ADJOURNMENT Mayor Gaspar adjourned the meeting at 9:43 P.M. Kathy Hollywood, City Clerk By: Claudia Bingham Deputy City Clerk Kristin Gaspar, Mayor 07/08/15 Reg. Mtg. Page 7 Mtg , Bk#29, Page 8/19/2015 Item #8A Page 7

8 City of Encinitas: News: City Council to Focus on Housing in Encinitas Page 1 of 2 News City Council to Focus on Housing in Encinitas Council members approve settlement of a lawsuit Posted Date: 7/9/2015 During the City Council meeting on Wednesday, July 8, 2015, Council members approved settlement of a lawsuit related to local housing needs, including the Encinitas Housing Element and residential developments requesting density bonuses. The Building Industry Association of San Diego County (BIA) filed a lawsuit against the City in October The BIA's suit cites the City of Encinitas' failure to update its Housing Element and its adoption of certain policies regarding density bonuses. The following is a summary of the material terms of the Settlement Agreement: In calculating "base density" -- the density allowed before a density bonus is calculated -- the City will "round down" any fraction of a unit to the next lower whole unit, except for the six projects referenced below. The parties have reserved their rights regarding the rounding issue. The City will rescind motions passed on July 16, 2014 relating to density bonuses. Instead, consistent with state law, the City will adopt an ordinance describing how it will implement state density bonus law. [The City will require that requests for bonuses, incentives, and waivers comply with State law. Incentives must result in "identifiable, financially sufficient, and actual cost reductions" and the City will require adequate documentation to demonstrate that they are needed to provide for affordable housing cost. Waivers of development standards are required only if the development standards could "physically preclude" a development entitled to a bonus and incentives. Mfordable homes must comply with all City standards unless a waiver or incentive is granted.] Six projects that requested density bonuses before the July 16, 2014 policies were adopted will be allowed to proceed either as originally submitted or as revised after July 16, 2014, with the potential for 68 rather than 63 units. Consistent with the City's ongoing efforts, the City will place on the November 2016 ballot for voter approval a proposed housing element and any related general plan and zoning amendments. State law requires that cities periodically update their housing elements. Encinitas last updated its housing element in Without the Settlement Agreement, other consequences could include court mandated approvals of residential projects. 07/08/15 Reg. Mtg. Page 9 Mtg. #2015-, BK#29, Page 8/19/2015 Item #8A Page 8

9 City of Encinitas: News: City Council to Focus on Housing in Encinitas Page 2 of 2 The BIA will receive $200,000 in attorneys' fees in exchange for a release of its claims related to or arising out Of the housing element claims and the other claims included in the lawsuit. 07/08/15 Reg. Mtg. Page 9 Mtg. #2015-, BK#29, Page 8/19/2015 Item #8A Page 9

10 MINUTES OF THE ENCINITAS CITY COUNCIL AND SAN DIEGUITO WATER DISTRICT JOINT SPECIAL MEETING JULY 8, 2015, 3:00 P.M., 505 SOUTH VULCAN AVENUE CALL TO ORDER/ROLL CALL Mayor Gaspar announced that this was a Joint Special meeting of the Encinitas City Council and the San Dieguito Water District and called the meeting to order at 3:00 P.M. Present: Absent: Mayor Kristin Gaspar, Deputy Mayor Catherine S. Blakespear, Council Members Tony Kranz, Mark Muir and Lisa Shaffer. None. Also present: City Attorney Sabine, Public Works Director Pruim, Human Resources Manager Dunphy, Risk Manager Schwarm, Planning and Building Director Murphy, City Clerk Hollywood and Deputy City Clerk Bingham. There being a quorum present, the meeting was in order. CLOSED SESSION CITY COUNCIL 1. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION AUTHORITY: Government Code NAME OF CASE: Building Industry Association (BIA) of San Diego County v. City of Encinitas Case No CU-WM-NC 2. CLOSED SESSION: CONFERENCE WITH LABOR NEGOTIATOR AUTHORITY: Government Code Section CITY NEGOTIATOR: Jace Schwarm, Department Manager and Jodene Dunphy, Department Manager EMPLOYEE ORGANIZATIONS: City unrepresented employees CLOSED SESSION WATER BOARD 3. CLOSED SESSION: CONFERENCE WITH LABOR NEGOTIATOR AUTHORITY: Government Code Section DISTRICT NEGOTIATOR: Jace Schwarm, Department Manager and Jodene Dunphy, Department Manager EMPLOYEE ORGANIZATIONS: District unrepresented employees Council convened in Closed Session at 3:01 P.M. 07/08/15 Spec. Jtn. Mtg. Page 1 Mtg. #2015-, BK#29, Page 8/19/2015 Item #8A Page 10

11 07/08/15 Special Joint Meeting Council reconvened into Open Session at 5:02 P.M. REPORT FROM CLOSED SESSION Mayor Gaspar reported the following: Regarding City Agenda Item #1, on a 3-2 vote (Gaspar, Muir voted no) Council approved a settlement agreement with the Building Industry Association (BIA). Mayor Gaspar read the attached press release. Regarding City Agenda Item #2 and SDWD Agenda Item #3, Council/Board by unanimous vote gave direction to the City/Board negotiators to move forward with the negotiations. ADJOURNMENT Mayor Gaspar adjourned the meeting at 5:07 P.M. Kathy Hollywood, City Clerk By: Claudia Bingham Deputy City Clerk Kristin Gaspar, Mayor 07/08/15 Spec. Jtn. Mtg. Page 2 Mtg. #2015-, BK#29, Page 8/19/2015 Item #8A Page 11

12 City of Encinitas: News: City Council to Focus on Housing in Encinitas Page 1 of 2 News City Council to Focus on Housing in Encinitas Council members approve settlement of a lawsuit Posted Date: 7/9/2015 During the City Council meeting on Wednesday, July 8, 2015, Council members approved settlement of a lawsuit related to local housing needs, including the Encinitas Housing Element and residential developments requesting density bonuses. The Building Industry Association of San Diego County (BIA) filed a lawsuit against the City in October The BIA's suit cites the City of Encinitas' failure to update its Housing Element and its adoption of certain policies regarding density bonuses. The following is a summary of the material terms of the Settlement Agreement: In calculating "base density" -- the density allowed before a density bonus is calculated -- the City will "round down" any fraction of a unit to the next lower whole unit, except for the six projects referenced below. The parties have reserved their rights regarding the rounding issue. The City will rescind motions passed on July 16, 2014 relating to density bonuses. Instead, consistent with state law, the City will adopt an ordinance describing how it will implement state density bonus law. [The City will require that requests for bonuses, incentives, and waivers comply with State law. Incentives must result in "identifiable, financially sufficient, and actual cost reductions" and the City will require adequate documentation to demonstrate that they are needed to provide for affordable housing cost. Waivers of development standards are required only if the development standards could "physically preclude" a development entitled to a bonus and incentives. Mfordable homes must comply with all City standards unless a waiver or incentive is granted.] Six projects that requested density bonuses before the July 16, 2014 policies were adopted will be allowed to proceed either as originally submitted or as revised after July 16, 2014, with the potential for 68 rather than 63 units. Consistent with the City's ongoing efforts, the City will place on the November 2016 ballot for voter approval a proposed housing element and any related general plan and zoning amendments. State law requires that cities periodically update their housing elements. Encinitas last updated its housing element in Without the Settlement Agreement, other consequences could include court mandated approvals of residential projects. 07/08/15 Spec. Jtn. Mtg. Page 3 Mtg. #2015-, BK#29, Page 8/19/2015 Item #8A Page 12

13 City of Encinitas: News: City Council to Focus on Housing in Encinitas Page 2 of 2 The BIA will receive $200,000 in attorneys' fees in exchange for a release of its claims related to or arising out Of the housing element claims and the other claims included in the lawsuit. 07/08/15 Spec. Jtn. Mtg. Page 4 Mtg. #2015-, BK#29, Page 8/19/2015 Item #8A Page 13

14 MINUTES OF THE ENCINITAS CITY COUNCIL AND PLANNING COMMISSION SPECIAL MEETING JULY 8, 2015, 5:00 P.M., 505 SOUTH VULCAN AVENUE CALL TO ORDER/ROLL CALL Mayor Gaspar announced that this was a Special meeting of the Encinitas City Council and the Planning Commission and called the meeting to order at 5:07 P.M. Present: CITY COUNCIL: Mayor Kristin Gaspar, Deputy Mayor Catherine S. Blakespear, Council Members Tony Kranz, Mark Muir and Lisa Shaffer. PLANNING COMMISSION: Commission Vice-Chair Michael Glenn O Grady, Commissioners Greg Drakos, Ruben Flores, Anthony Brandenburg and Tasha Boerner Horvath. Absent: None. Also Present: City Attorney Sabine, Public Works Director Pruim, Planning and Building Director Murphy, Associate Planner Strong, Deputy Planning Director Ranu, City Clerk Hollywood and Deputy City Clerk Bingham. There being a quorum present, the meeting was in order. PLEDGE OF ALLEGIANCE AGENDA ITEMS 1. At Home in Encinitas: Approach to the preparation of zoning standards and design guidelines for future housing and related public outreach. RECOMMENDED ACTION: 1) Receive the report; 2) Receive and consider public testimony; and 3) Confirm the approach to preparing zoning standards and design guidelines and related outreach. Associate Planner Strong presented the staff report. Speakers: Julie Graboi spoke in opposition to the design guidelines as presented. Diane Umbarger requested Council to consider restricting new housing due to drought conditions. Nicki Cometa, Father Michael Sitaras and Pam Pierce spoke regarding affordable senior housing. 07/08/15 Spec. Jtn. Mtg. Page 1 Mtg. #2015-, BK #29, Page 8/19/2015 Item #8A Page 14

15 07/08/15 Special Joint Meeting Donna Westbrook spoke regarding the design guidelines. COUNCIL CONSENSUS There was Council and Planning Commission Consensus to receive the report and to confirm the approach to preparing zoning standards and design guidelines and related outreach as presented. ADJOURNMENT Mayor Gaspar adjourned the meeting at 6:13 P.M. Kathy Hollywood, City Clerk By: Claudia Bingham Deputy City Clerk Kristin Gaspar, Mayor 07/08/15 Spec. Jtn. Mtg. Page 2 Mtg. #2015-, BK #29, Page 8/19/2015 Item #8A Page 15

16 MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING JULY 15, 2015, 6:00 P.M., 505 SOUTH VULCAN AVENUE 1. CALL TO ORDER Mayor Gaspar called the meeting to order at 6:15 P.M. 2. ROLL CALL Present: Absent: Mayor Kristin Gaspar, Deputy Mayor Catherine S. Blakespear, Council Members Tony Kranz, Mark Muir and Lisa Shaffer. None. Also present: City Attorney Sabine, Public Works Director Pruim, Senior Planner Kusiak, Planning and Building Director Murphy, Finance Director Nash, Human Resources Manager Dunphy, Risk Manager Schwarm, City Clerk Hollywood and Deputy City Clerk Bingham. There being a quorum present, the meeting was in order. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS AND PROCLAMATIONS 4A. Check presentation from Surfing Madonna Oceans Project Bob Nichols, representing the Surfing Madonna Oceans Project, presented a check in the amount of $24,000 to the City. 4B. Certificates of recognition to the Encinitas Senior Volunteer Patrol Mayor Gaspar presented certificates of appreciation to the following members of the Senior Volunteer Patrol: Jim Gwinner, Paul Hansford, Lynn Harper, Theresa M. Harrison, Peter Kohl, Leonard Kroeker, Graciela Marz, Larry Peetoom, Shirley Peinetti, Laurence Reisner, Robert Schneider, Sid Schneider, Steve Schorr, Sandra Schueler, Josef Seller, Sandy Shapiro, William Simon, Paul Terlouw, Lee Tori, Lorraine Wagner, and Michael Revere. 07/15/15 Reg, Mtg. Page 1 Mtg. #2015-, Bk#29, Page 1 8/19/2015 Item #8A Page 16

17 07/15/15 Regular Meeting The following received certificates of appreciation but were unable to attend: Claude Brown, Jerry Butts, Richard Capurso, Steven Chodos, Robert Clarke, Marc Covitt, Leslie Echter, Tom Griffiths, Larry Henkin, Jerry Jerome, Dave Kenin, Gerald Larsen, Robert Lozuk, Les March, Fred Remington, Myleene Sohaei, Parviz Sohael and Bob Topolovac. 5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF Jim Gilliam invited all to attend the ipalpiti Festival at the Encinitas Library. Gary Murphy spoke regarding excessive speeds along Highway 101 and requested Council to consider installing traffic lights and stop signs. Peter Kohl invited all to attend the Night Out Against Crime, Tuesday, August 4 at the Target parking lot from 2:00 P.M. to 6:00 P.M. 6. REPORT FROM CLOSED SESSION No Closed Session meeting was held. 7. CHANGES TO THE AGENDA No changes were made to the posted agenda. 8. CONSENT CALENDAR Agenda Item #8C was removed from the Consent Calendar by a member of the public and Council Member Muir removed Agenda Item #8I from the Consent Calendar. ACTION: Shaffer moved, Muir seconded to close and adopt the amended Consent Calendar. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 8A. Approval of the Warrants List. Contact Person: Finance Manager Lundgren Recommended Action: Approve the Warrants. 8B. Rejection of bids for City Hall Sewer Rehabilitation Project, CF15A. Contact Person: Associate Civil Engineer Hefner 07/15/15 Reg, Mtg. Page 2 Mtg. #2015-, Bk#29, Page 8/19/2015 Item #8A Page 17

18 07/15/15 Regular Meeting Recommended Action: 1) Reject all bids and authorize staff to re-bid the construction of the City Hall Sewer Rehabilitation project; and 2) Authorize the City Manager, or his designee, to execute any contract amendments with Jeff Katz Architecture to provide additional bid and construction support services necessary to complete the project, for a total contract amount not to exceed $155,328.96; and 3) Authorize the City Manager, or his designee, to amend, if necessary, the contract with Jeff Katz Architecture to extend completion dates if necessary. 8D. Refunding of Encinitas Public Financing Authority, 2006 Lease Revenue Bonds, Series A (Library Construction Project). Contact Person: Finance Director Nash Recommended Action: 1) Approve the refinancing plan for the Encinitas Public Financing Authority (EPFA) 2006 Lease Revenue Bonds, Series A; and 2) Direct the Acting City Manager to execute professional services agreements with: (a) Fieldman Rolapp and Associates as Financial Advisor, and (b) Best, Best and Krieger as Bond and Disclosure Counsel; and 3) Direct the Acting City Manager to authorize the payment of any/all non-contingent out-of-pocket expenses incurred in the issuance of the New Bonds, unless such costs are paid out of the proceeds of the New Bond issue. 8E. Participation in the California Home Finance Authority Property Assessed Clean Energy (PACE) Program administered by YGrene Energy Fund CA, LLC. Contact Person: Environmental Programs Manager Steenblock Recommended Action: 1) Review and adopt Resolution consenting to Inclusion of Properties within the City s Jurisdiction in the California Home Finance Authority (CHF) Community Facilities District No (Clean Energy) to Finance Renewable Energy Improvements, Energy Efficiency and Water Conservation Improvements and Electric Vehicle Charging Infrastructure and approving associate membership in CHF. 2) Review and adopt Resolution consenting to Inclusion of Properties within the City s Jurisdiction in the California Home Finance Authority (CHF) PACE Program, to Finance Renewable Energy Generation, Energy and Water Efficiency Improvements and Electric Vehicle Charging Infrastructure and Approving Associate Membership in CHF. 8F. Adoption of the City of Encinitas Internal Cost Allocation Plan for fiscal years and Contact Person: Finance Director Nash Recommended Action: 1) Adopt the Cost Plan and authorize those charges to non-general fund programs and services. 07/15/15 Reg, Mtg. Page 3 Mtg. #2015-, Bk#29, Page 8/19/2015 Item #8A Page 18

19 07/15/15 Regular Meeting 8G. Contract amendment No. 1 with Dudek for the Coast Highway 101 Sewer Pump Station and Sewer Force Main Improvement Project (CC14B). Contact Person: Associate Civil Engineer Hefner Recommended Action: 1) Authorize the Director of Public Works, or his designee, to execute contract amendment No. 1 with Dudek in the amount of $32,069 to provide additional design and environmental services necessary to complete the design of the project, for a total contract amount not to exceed $322,069; and 2) Authorize the Director of Public Works, or his designee, to amend Dudek s contract to extend completion dates if necessary. 8H. Site license agreement with Crown Castle, LLC and the City of Encinitas for mobile/wireless communications facility located at 801 Orpheus Avenue. Contact Person: Senior Management Analyst Wilson Recommended Action: Authorize the Public Works Director or designee to enter into a Site License Agreement with Crown Castle GT Company LLC (Crown), to allow for the use of the Monopole Mobile/Wireless Communication Facility located at 801 Orpheus Avenue (Fire Station 3). The City of Encinitas will receive revenues of $385,186 over the initial tenyear term, along with an additional one-time $20,000 signing bonus. 9. ITEMS REMOVED FROM THE CONSENT CALENDAR 8C. Extension of the compliance and license agreements related to the use of the Pacific View site by Leucadia Towing and Encinitas Glass. Contact Person: Deputy City Engineer Shields Recommended Action: Authorize the Acting City Manager, in consultation with the City Attorney, to execute six month extension Agreements to the Compliance and License Agreements related to the use of the Pacific View site by Leucadia Towing and Encinitas Glass. No staff report was given. Speaker: Joe Radick spoke in support of the recommended action. ACTION: Gaspar moved, Muir seconded to authorize the Acting City Manager, in consultation with the City Attorney, to execute six month extension Agreements to the Compliance and License Agreements related to the use of the Pacific View site by Leucadia Towing and Encinitas Glass. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 07/15/15 Reg, Mtg. Page 4 Mtg. #2015-, Bk#29, Page 8/19/2015 Item #8A Page 19

20 07/15/15 Regular Meeting 8I. Pacific View site activation update. Contact Person: Pacific View Activation Plan Subcommittee 10. ACTION ITEMS Recommended Action: 1) Receive update on Pacific View site activation; and 2) Authorize the Director of Public Works to enter into negotiations and an agreement with a firm to provide professional services in the selection of an operating partner for the Pacific View site if needed, depending on the response to the request for Letters of Interest. Authorize expenditure of up to $25,000 for professional services if needed; and 3) Adopt City Council Resolution , Resolution of the City Council of the City of Encinitas amending the Fiscal Year Budget, authorizing an additional appropriation of $25,000. Council Member Muir removed this item from the Consent Calendar and requested additional information from the City Attorney regarding a Threat of Litigation letter which was received by the City. ACTION: Muir moved, Shaffer seconded to: 1) receive the update on Pacific View site activation; 2) Authorize the Director of Public Works to enter into negotiations and an agreement with a firm to provide professional services in the selection of an operating partner for the Pacific View site if needed, depending on the response to the request for Letters of Interest. Authorize expenditure of up to $25,000 for professional services if needed; and 3) Adopt City Council Resolution , Resolution of the City Council of the City of Encinitas amending the Fiscal Year Budget, authorizing an additional appropriation of $25,000. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 10A. Presentation of information on graywater systems and public hearing to consider the introduction of draft City Council Ordinance , which amends the City s Building Code to promote installation and use of graywater systems in residential homes. Contact Person: Senior Planner Kusiak Recommended Action: 1) Consider the information in the Agenda Report; 2) Open the public hearing and receive and consider public testimony; and, 3) Introduce, with modifications as determined necessary, City Council Ordinance , an Ordinance of the City Council of the City of Encinitas, California Amending Section (Plumbing Code) and Section (A) of the Encinitas Municipal Code to promote the installation and use of Graywater Systems. 07/15/15 Reg, Mtg. Page 5 Mtg. #2015-, Bk#29, Page 8/19/2015 Item #8A Page 20

21 07/15/15 Regular Meeting Senior Planner Kusiak presented the staff report. Disclosures: All Council Members and the Mayor had nothing to disclose. Mayor Gaspar opened the public hearing. Speakers: Michael McSweeney, Steve Bilson and Russell Levan spoke in support of the recommended action. Mayor Gaspar closed the public hearing. ACTION: Shaffer moved, Kranz seconded to introduce City Council Ordinance , entitled An Ordinance of the City Council of the City of Encinitas, California amending Section (Plumbing Code) and Section (A) of the Encinitas Municipal Code to Promote the Installation and Use of Graywater Systems and to direct staff to return to Council with options for incentivizing the installation of graywater systems including but not limited to reducing permit fees and pursuing Prop 1 monies. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 10B. Public hearing to consider the introduction of draft City Council Ordinance , which adds Chapter 23.13, Small Residential Rooftop Solar Systems, establishing an expedited, streamlined permitting process for Small Residential Rooftop Solar Systems, to the Encinitas Municipal Code as required by California Assembly Bill No Contact Person: Senior Planner Kusiak Recommended Action: 1) Consider the information in the Agenda Report; 2) Open the public hearing and receive and consider public testimony; and, 3) Introduce, with modifications as determined necessary, City Council Ordinance , an Ordinance of the City Council of the City of Encinitas, California Adding Chapter 23.13, SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS, establishing an expedited, streamlined permitting process for Small Residential Rooftop Solar Systems, to the Encinitas Municipal Code. Senior Planner Kusiak presented the staff report. Disclosures: All Council Members and the Mayor had nothing to disclose. Mayor Gaspar opened the public hearing. 07/15/15 Reg, Mtg. Page 6 Mtg. #2015-, Bk#29, Page 8/19/2015 Item #8A Page 21

22 07/15/15 Regular Meeting Since there were no public speakers, Mayor Gaspar closed the public hearing. ACTION: Kranz moved, Muir seconded to introduce City Council Ordinance , entitled An Ordinance of the City Council of the City of Encinitas, California adding Chapter 23.13, to the Encinitas Municipal Code to provide an expedited, streamlined permitting process for Small Residential Rooftop Solar Systems. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 10C. Adoption of Resolution authorizing the execution of a Memorandum of Understanding (MOU) between the City and Service Employees International Union (SEIU) Local 221; adoption of Resolution approving salary and benefit changes for Unrepresented employees; adoption of Resolution approving the titles and pay ranges of the City of Encinitas; and adoption of Resolution amending the Fiscal Year (FY) budget to incorporate the costs of the approved changes. Recommended Action: Adopt Resolution authorizing the City Manager or designee(s) to execute, on behalf of the City of Encinitas, a Memorandum of Understanding between the City and Service Employees International Union (SEIU) Local 221 incorporating the terms of the Tentative Agreements which have been ratified by SEIU. Adopt Resolution , approving salary and benefit adjustments for Unrepresented employees as authorized by the City Council during Closed Session on July 8, Adopt Resolution adopting the FY Position Title and Pay Range Schedule for all City of Encinitas employees. Adopt Resolution amending the budget for FY to incorporate salary and benefit changes for employees of SEIU and Unrepresented employees as authorized by the City Council in Resolution (SEIU) and Resolution (Unrepresented). Human Resources Manager Dunphy presented the staff report. ACTION: Muir moved, Shaffer seconded to adopt Resolution authorizing the City Manager or designee(s) to execute, on behalf of the City of Encinitas, a Memorandum of Understanding between the City and Service Employees International Union (SEIU) Local 221 incorporating the terms of the Tentative Agreements which have been ratified by SEIU. Adopt Resolution , approving salary and benefit adjustments for Unrepresented employees as authorized by the City Council during Closed Session on July 8, Adopt 07/15/15 Reg, Mtg. Page 7 Mtg. #2015-, Bk#29, Page 8/19/2015 Item #8A Page 22

23 07/15/15 Regular Meeting Resolution adopting the FY Position Title and Pay Range Schedule for all City of Encinitas employees. Adopt Resolution amending the budget for FY to incorporate salary and benefit changes for employees of SEIU and Unrepresented employees as authorized by the City Council in Resolution (SEIU) and Resolution (Unrepresented). Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 10D. Public safety and downtown issues. Contact Person: Public Safety Subcommittee Recommended Action: Receive and review report. Give direction on recommendations. Council Member Shaffer and Deputy Mayor Blakespear presented the subcommittee recommendations. ACTION: Muir moved, Gaspar seconded to approve the following subcommittee recommendations: 1. That both Captain Adams-Hydar and Code Enforcement include the periodic issuing of parking citations in two hour zones into the workload of CSOs and Code Enforcement officers during the remaining summer months as a pilot project, and to evaluate and report back on what impact, if any, was observed, both in the downtown area and in other areas where the personnel would otherwise have been deployed. 2. Captain Adams-Hydar and City staff to provide an assessment in September/October of improvements and/or problems in the downtown area during weekend evenings over the summer. 3. Direct the City Manager to evaluate the two City lots (lower lot of City Hall and Lot B diagonally across the street, or others if appropriate) and determine what would be required to designate one as restricted to taxis and ride-sharing services during specific hours, and to publicize this to the community and to drivers. Staff to explore valet, residential permit parking and permit parking in the downtown area. 4. Direct the City Manager to identify one or two staff people to serve as liaisons to help pro-actively with understanding permitting and other City requirements related to issues like dumpsters, lighting, etc. 5. City to more effectively let the community know that more effort was being directed to alcohol-related issues in response to requests. 07/15/15 Reg, Mtg. Page 8 Mtg. #2015-, Bk#29, Page 8/19/2015 Item #8A Page 23

24 07/15/15 Regular Meeting 6. Staff to outreach proactively to social services, public health services, and mental health agencies and other social service agencies for assistance. 7. Staff to return to Council in the fall with a status report. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 11. INFORMATIONAL ITEMS There were no informational items. 12. COUNCIL MEMBER INITIATED AGENDA ITEM There were no Council Member initiated items. 13. FUTURE AGENDA ITEMS ADDED BY COUNCIL MEMBERS Council Member Kranz requested an informational item or memo to Council regarding options for undergrounding of utilities for those local homeowners who do not qualify under SDG&E Rule 20A Funding Program. 14. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC (d)) / POSSIBLE DIRECTION TO STAFF Council Members Kranz and Shaffer and Mayor Gaspar had nothing to report. Council Member Muir reported on the San Diego County Water Authority lawsuit with the Metropolitan Water District and reported that he had attended a San Elijo JPA meeting. Deputy Mayor Blakespear reported on a San Elijo JPA meeting. 15. CITY MANAGER REPORTS / PENDING FUTURE AGENDA ITEMS No reports were given. 16. CITY ATTORNEY REPORTS No reports were given. 07/15/15 Reg, Mtg. Page 9 Mtg. #2015-, Bk#29, Page 8/19/2015 Item #8A Page 24

25 07/15/15 Regular Meeting 17. ADJOURNMENT Mayor Gaspar adjourned the meeting at 8:35 P.M. Kathy Hollywood, City Clerk By: Claudia Bingham Deputy City Clerk Kristin Gaspar, Mayor 07/15/15 Reg, Mtg. Page 10 Mtg. #2015-, Bk#29, Page 8/19/2015 Item #8A Page 25