MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING JUNE 8, 2016, 6:00 P.M., 505 SOUTH VULCAN AVENUE

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1 MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING JUNE 8, 2016, 6:00 P.M., 505 SOUTH VULCAN AVENUE 1. CALL TO ORDER Mayor Gaspar called the meeting to order at 6:10 P.M. 2. ROLL CALL Present: Absent: Mayor Kristin Gaspar, Deputy Mayor Lisa Shaffer, Council Members Catherine S. Blakespear, Tony Kranz and Mark Muir None Also present: City Manager Brust, City Attorney Sabine, Senior Management Analyst Ruess, Public Works Director Pruim, Deputy Director Deane, Interim Planning and Building Director Ranu, Arts Coordinator Gilliam, Sheriff s Captain Marion, Acting Parks and Recreation Director O Grady, Finance Director Nash, Associate Civil Engineer Kellar, 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. Youth of the Year Award Mayor Gaspar and Youth Commission Chair Delilah Forrest presented the Youth of the Year Award to Kennady Tracy. 4B. Senior of the Year Awards Senior Commission Chair Lee Vance and Mayor Gaspar presented the Service to Seniors Award 2015 to Cecilia Matsko and the Senior Citizen of the Year Award 2015 to Carolyn Roy Cope. 4C. Parks and Recreation Volunteer of the Year Award Parks and Recreation Commission Chair John Gjata and Mayor Gaspar presented the Parks and Recreation Volunteer of the Year Award 2015 to Jon Rodrique. 06/08/16 Reg. Mtg. Page 1 Mtg. #2016-, BK# 30, Page Item 8A 1 of 28

2 06/08/16 Regular Meeting 4D. Employee of the Quarter and Employee of the Year Awards Mayor Gaspar and City Manager Brust recognized the Employee of the Quarter Mason Lord and Employee of the Year David Van Pelt. 5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF Julie Parker, Brett Farrow, Christina Brady, Leslie Goldberg, Simon Bye, and Kelly Barnes spoke regarding Safe Routes to School for the Cardiff School District. Helen Bourne spoke regarding the Climate Action Plan. Delores Welty spoke regarding the naming of the Encinitas Library. Nancy Perry Sheridan and Judi Strang spoke regarding new tobacco laws. 6. REPORT FROM CLOSED SESSION Mayor Gaspar announced that there was no reportable action regarding the Closed Session meeting held prior to the regular City Council meeting. 7. CHANGES TO THE AGENDA City Clerk Hollywood announced that Agenda Item #10F was removed from the agenda by staff and regarding Agenda Item #10B, recommendation #2 was deleted by staff. 8. CONSENT CALENDAR Muir moved, Shaffer seconded to close and adopt the Consent Calendar. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 8A. Approval of the Minutes of the May 11, 2016 Regular Meeting, the May 18, 2016 Special Meeting and May 18, 2016 Regular Meeting. Contact Person: City Clerk Hollywood Recommended Action: Approve the Minutes. 8B. Approval of the Warrants List. Contact Person: Finance Manager Lundgren Recommended Action: Approve the Warrants. 06/08/16 Reg. Mtg. Page 2 Mtg. #2016-, BK# 30, Page Item 8A 2 of 28

3 06/08/16 Regular Meeting 8C. Contract Amendment for Dudek to Provide 5 Year Monitoring and Maintenance on the El Camino Real Channel Improvement Project (CD06D). Contact Person: Associate Civil Engineer Hefner Recommended Action: City Council take the following actions: 1) Authorize the Public Works Director, to execute a contract amendment (Attachment 1), and any necessary extensions, with Dudek in the amount of $142,500 to perform post construction 5 year Habitat Maintenance and Biological Monitoring services for the El Camino Real Channel Improvement Project, for a total contract amount not to exceed $263,670; and 2) Adopt City Council Resolution entitled, A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2015/16 Adopted Budget. 8D. Consideration of Resolution approving the Encina Wastewater Authority Fiscal Year 2016/17 Operating Budget and Resolution approving the Encina Wastewater Authority Fiscal Year 2016/17 Capital Budget. Contact Person: Management Analyst Wilson Recommended Action: It is recommended that Council take the following actions: 1) Adopt Resolution approving the Encina Wastewater Authority Fiscal Year 2016/17 Operating Budget; and 2) Adopt Resolution approving the Encina Wastewater Authority Fiscal Year 2016/17 Capital Budget. 8E. Interim Landscape Maintenance Service Agreement. Acting Park Superintendent Stauffer Recommended Action: That the City Council authorize the City Manager or Designee to execute the Interim Landscape Maintenance Service Agreement. 8F. Contract for Dudek to Provide Design Services on the Citywide Sewer Rehabilitation Project (CE04H and CC04E). Contact Person: Associate Civil Engineer Hefner Recommended Action: Authorize the Public Works Director to execute a contract, any necessary amendments, and time extensions with Dudek in the amount of $217,761 plus 15% contingencies to design the Citywide Sewer Rehabilitation project, for a total contract amount not to exceed $250, ITEMS REMOVED FROM THE CONSENT CALENDAR 06/08/16 Reg. Mtg. Page 3 Mtg. #2016-, BK# 30, Page Item 8A 3 of 28

4 06/08/16 Regular Meeting 10. ACTION ITEMS 10A. Public Hearing to receive testimony regarding the FY 2016/17 Encinitas Landscape and Lighting District. Contact Person: Senior Management Analyst Ruess Recommended Action: Council take the following actions: 1) Conduct a Public Hearing to receive testimony regarding the FY 2016/17 Encinitas Landscape and Lighting District Annual Engineer s Report; and 2) Adopt City Council Resolution , Resolution of the City Council of the City of Encinitas, California Renewing the Encinitas Landscape and Lighting District (Zones A, B, C, D, E, F, G & H), Confirming the FY 2016/17 Engineer s Report and ordering the transmission of charges to the County Auditor for collection. Senior Management Analyst Ruess presented the staff report. Mayor Gaspar opened the public hearing and because there were no public speakers, closed the public hearing. Gaspar moved, Kranz seconded to Adopt Resolution , Resolution of the City Council of the City of Encinitas, California Renewing the Encinitas Landscape and Lighting District (Zones A, B, C, D, E, F, G, & H), Confirming the FY Engineer s Report and ordering the transmission of charges to the County Auditor for collection. Motion carried. Aye: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 10B. Quarterly Progress Report of the City of Encinitas Work Program for Fiscal Years and Contact Person: Gina Zenns Recommended Action: Staff recommends that City Council take the following actions: 1) Receive the Quarterly Progress Report of the City of Encinitas Work Program for Fiscal Years and ; and 2) Adopt Resolution , a Resolution of the City Council of the City of Encinitas in Support of the City s Participation in the Institute for Local Government s Beacon Award: Local Leadership toward Solving Climate Change. (Recommendation #2 was deleted by Staff) City Manager Brust reviewed the agenda report and stated that this was the first quarter progress report on the City of Encinitas Work Program. Environmental Specialist Najera presented the Climate Action Plan implementation and update. 06/08/16 Reg. Mtg. Page 4 Mtg. #2016-, BK# 30, Page Item 8A 4 of 28

5 06/08/16 Regular Meeting Sheriff s Captain John Marion and Public Works Director Pruim presented the public safety enhancements. Arts Coordinator Gilliam presented the Public Art Program. Interim Parks and Recreation Director O Grady presented the Parks Master Plan. Public Works Director Pruim presented the circulation element mobility. COUNCIL CONSENSUS: There was Council Consensus to receive the quarterly progress report of the City of Encinitas Work Program for Fiscal Years and Mayor Gaspar declared a recess from 8:42 P.M. to 9:01 P.M. 10C. Introduction of City Manager s Proposed Fiscal Year 2016/17 Operating and Capital Budgets. Contact Person: Finance Manager Gallup Recommended Action: Staff recommends that City Council take the following actions: 1) Review proposed FY 2016/17 operating and capital budgets; and 2) Receive public input; and 3) Provide direction to staff regarding City Council requested revisions to the proposed FY 2016/17, if desired. Finance Director Nash presented the proposed operating and capital budgets for Fiscal Year Public Works Director Pruim presented the capital improvement projects. SPEAKERS: George Hejduk spoke in opposition to the recommended action. Adriana Chavarin, Rebecca Conley, Gerry Devitt, Lori Goulet, Christine Andrade and Art Schmidt spoke in support of Safe Routes to School. Carris Rhodes and Steve Gerken spoke in support of the recommended actions. John Thompson, Elena Thompson and Kevin Alameda were in support of the recommended actions but chose not to speak. 06/08/16 Reg. Mtg. Page 5 Mtg. #2016-, BK# 30, Page Item 8A 5 of 28

6 06/08/16 Regular Meeting Kranz moved, Shaffer seconded to extend the City Council meeting to 11:00 P.M. Motion carried. Ayes: Gaspar, Kranz, Muir, Shaffer. Nays: Blakespear. Kranz moved, Blakespear seconded to: 1) Approve the FY Operating and Capital Budgets as proposed; 2) Direct staff to return to a future City Council meeting with a report on the status and long term plans for Fire Station #1; and 3) Direct staff to provide additional information to increase the Pavement Condition Index (PCI) from 75 to 80. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. Shaffer moved, Gaspar seconded to extend the City Council meeting to 11:30 P.M. Motion carried. Ayes: Gaspar, Kranz, Muir, Shaffer. Nays: Blakespear. 10D. Fiscal Year 2015/16 Third Quarter Budget Status Report and Proposed Budget Amendments. Contact Person: Finance Director Nash Recommended Action: Staff recommends that City Council take the following actions: 1) Receive and file the Fiscal Year 2015/16 Third Quarter Budget Status report; and 2) Adopt Resolution titled A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2015/16 Budget. Finance Manager Nash presented the staff report. Muir moved, Gaspar seconded to adopt Resolution titled A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year Budget. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 10E. North Coast Highway 101 Streetscape Project (CS04D) Design Contract Amendments with Michael Baker International and MW Peltz & Associates. Contact Person: Associate Civil Engineer Kellar Recommended Action: The City Council take the following action: 1) Authorize the Director of Public Works to amend the contract with Michael Baker International as necessary to complete 100% civil engineering plans for three parking areas along the east side of N. Coast Highway 101 in an 06/08/16 Reg. Mtg. Page 6 Mtg. #2016-, BK# 30, Page Item 8A 6 of 28

7 06/08/16 Regular Meeting amount not to exceed $42,550, including contingencies; 2) Authorize the Director of Public Works to amend the contract with MW Peltz and Associates as necessary to complete 100% landscape and irrigation plans for three parking areas along the east side of N. Coast Highway 101 in an amount not to exceed $23,000, including contingencies; 3) Authorize the Director of Public Works to refine the proposed project phasing for the N. Coast Highway 101 Streetscape project; 4) Authorize the Director of Public Works to prepare and submit grant applications to obtain outside funding for construction of the N. Coast Highway 101 Streetscape project, as opportunities arise; and 5) Adopt City Council Resolution entitled, A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year Budget. No staff report was given. SPEAKER: Lynn Marr spoke. Carris Rhodes, John Thompson and Elena Thompson were in support of the recommended action but chose not to speak. Gaspar moved, Muir seconded to: 1) Authorize the Director of Public Works to amend the contract with Michael Baker International as necessary to complete 100% civil engineering plans for three parking areas along the east side of N. Coast Highway 101 in an amount not to exceed $42,550, including contingencies; 2) Authorize the Director of Public Works to amend the contract with MW Peltz and Associates as necessary to complete 100% landscape and irrigation plans for three parking areas along the east side of N. Coast Highway 101 in an amount not to exceed $23,000, including contingencies; 3) Authorize the Director of Public Works to refine the proposed project phasing for the N. Coast Highway 101 Streetscape project; 4) Authorize the Director of Public Works to prepare and submit grant applications to obtain outside funding for construction of the N. Coast Highway 101 Streetscape project, as opportunities arise; and 5) Adopt City Council Resolution entitled, A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year Budget. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 06/08/16 Reg. Mtg. Page 7 Mtg. #2016-, BK# 30, Page Item 8A 7 of 28

8 06/08/16 Regular Meeting 10F. Proposal for Public Art at the Marine Safety Center. Contact Person: Arts Administrator Gilliam Recommended Action: That the City Council: 1) Consider the recommendations for public art at the Marine Safety Center; and 2) Consider allocating City funds for Project 1, ($60,000). This Item was removed from the agenda by staff. 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 Deputy Mayor Shaffer requested a report regarding funding strategies and philosophy for the Encinitas Lighting and Landscape District. Blakespear concurred. Council Member Kranz requested a memo regarding road widening in front of the project on Wotan Street. Shaffer concurred. COUNCIL CONSENSUS: There was Council Consensus to reschedule the City Manager and City Attorney annual reviews from June to July. 14. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC (d)) / POSSIBLE DIRECTION TO STAFF Council Member Blakespear had nothing to report. Council Member Kranz reported on an NCTD meeting. Council Member Muir had nothing to report. Deputy Mayor Shaffer reported on a SANDAG Transportation Subcommittee meeting and a Shoreline Preservation Committee meeting. Mayor Gaspar had nothing to report. 06/08/16 Reg. Mtg. Page 8 Mtg. #2016-, BK# 30, Page Item 8A 8 of 28

9 06/08/16 Regular Meeting 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 11:10 P.M. Kathy Hollywood, City Clerk By: Claudia Bingham Deputy City Clerk Kristin Gaspar, Mayor 06/08/16 Reg. Mtg. Page 9 Mtg. #2016-, BK# 30, Page Item 8A 9 of 28

10 MINUTES OF THE ENCINITAS CITY COUNCIL SPECIAL MEETING JUNE 15, 2016, 4:00 P.M., 505 SOUTH VULCAN AVENUE CALL TO ORDER/ROLL CALL Mayor Gaspar called the meeting to order at 4:00 P.M. and announced that Council Member Blakespear would be teleconferencing from the following location: 5233 Pinnacle Drive, Knoxville, TN Present: Absent: Mayor Kristin Gaspar, Deputy Mayor Lisa Shaffer, Council Members Catherine S. Blakespear (via teleconference), Tony Kranz and Mark Muir None Also Present: City Manager Brust, City Attorney Sabine, Special Counsel Dolores Dalton, Special Counsel Barbara Kautz (via telephone), Risk Manager Schwarm, 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: DCM Properties, Inc. v. City of Encinitas Case No CU-MC-NC Council adjourned into Closed Session at 4:01 P.M. Council reconvened into Open Session at 5:20 P.M. and stated that they would continue the Closed Session meeting after the San Dieguito Water District meeting. Council reconvened into open session and then adjourned into Closed Session at 5:47 P.M Council reconvened into open session at 6:05 P.M. REPORT FROM CLOSED SESSION Mayor Gaspar announced that regarding Agenda Item #1, there was no reportable action. 06/15/16 Spec. Mtg. Page Mtg. #2016-, BK#30, Page Item 8A 10 of 28

11 ADJOURNMENT Mayor Gaspar adjourned the meeting at 6:05 P.M. Kathy Hollywood, City Clerk By: Claudia Bingham Deputy City Clerk Kristin Gaspar, Mayor 06/15/16 Spec. Mtg. Page Mtg. #2016-, BK#30, Page Item 8A 11 of 28

12 MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING JUNE 15, 2016, 6:00 P.M., 505 SOUTH VULCAN AVENUE 1. CALL TO ORDER Mayor Gaspar called the meeting to order at 6:06 P.M. and announced that Council Member Blakespear would be teleconferencing from the following location: 5233 Pinnacle Drive, Knoxville, TN ROLL CALL Present: Absent: Mayor Kristin Gaspar, Deputy Mayor Shaffer, Council Members Catherine S. Blakespear (via teleconference), Tony Kranz and Mark Muir None Also present: City Manager Brust, City Attorney Sabine, Public Works Director Pruim, Marine Safety Captain Giles, Acting Planning and Building Director Ranu, Senior Planner Strong, 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. Presentation of Beach Wheelchair donation from Coastal Resource Foundation. Contact Person: Marine Safety Captain Giles Presented to Council by June and Rick Collins. 5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF John Carlson spoke regarding vandalized trees in Orpheus Park. Donna Westbrook spoke regarding the amendments which were made to Agenda Item #10A staff report. Alec Petros spoke about a new zoning consideration for affordable housing. 06/15/16 Reg. Mtg. Page 1 Mtg. #2016-,Bk# 30, Page Item 8A 12 of 28

13 06/15/16 Regular Meeting 6. REPORT FROM CLOSED SESSION Mayor Gaspar reported that there was no reportable action regarding the 4:00 P.M. Closed Session meeting. 7. CHANGES TO THE AGENDA Mayor Gaspar announced that Agenda Item #11A would be heard first under Action Items. 8. CONSENT CALENDAR Muir moved, Shaffer seconded to close and adopt the Consent Calendar. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 8A. Approval of the Minutes of the May 25, 2016 Regular Meeting. Contact Person: City Clerk Hollywood Recommended Action: Approve the Minutes. 8B. Approval of the Warrants List. Contact Person: Finance Manager Lundgren Recommended Action: Approve the Warrants. 8C. Consideration of resolutions calling a General Municipal Election, requesting the County Board of Supervisors to consolidate the City s General Municipal Election with the Statewide General Election, and adopting regulations for candidate statements. Contact Person: City Clerk Hollywood Recommended Action: That the City Council: 1) Adopt Resolution , calling a General Municipal Election to be held Tuesday, November 8, 2016; 2) Adopt Resolution , requesting the County Board of Supervisors to consolidate the City s General Municipal Election with the Statewide General Election, and 3) Adopt Resolution adopting regulations for candidate statements. 8D. Contract with West Coast Arborists, Inc., New Prevailing Wage Requirements. Contact Person: Deputy Director Hosford and Acting Park Superintendent Stauffer Recommended Action: Authorize the City Manager, in coordination with the City Attorney, to approve a contract amendment accepting a new Price 06/15/16 Reg. Mtg. Page 2 Mtg. #2016-,Bk# 30, Page Item 8A 13 of 28

14 06/15/16 Regular Meeting Schedule with West Coast Arborists, Inc. for the remainder of the current term, which expires on October 16, E. Legislative Consulting Services contracts for State and Federal Services. Contact Person: Senior Management Analyst McSeveney Recommended Action: Staff recommends that City Council: 1) Award a three and a half year Legislative Consulting Services contract in substantially final form as contained in Attachment 1 to JGC Government Relations, Inc. for state lobbyist services; and 2) Award a three-and-a-half year Legislative Consulting Services contract in substantially final form as contained in Attachment 2 to Carpi & Clay, Inc., for federal lobbyist services; and 3) Direct the City Manager to execute the contracts. 8F. Professional Services Agreement between the City of Encinitas and AdminSure, for Third Party Administration of the City s Self-insured Workers Compensation program. Contact Person: Department Manager Schwarm Recommended Action: 1) Approve the Professional Services Agreement for Workers Compensation Third Party Administration (TPA) with AdminSure in the amount of $179,830 effective August 1, 2016 through July 30, 2021; and 2) Authorize the City Manager to execute the agreement. 8G. Legislative Position Letters. Contact Person: Senior Analyst McSeveney. Recommended Action: Approve the legislative position letters for the Mayor s signature. 9. ITEMS REMOVED FROM THE CONSENT CALENDAR 10. ACTION ITEMS This item was heard first under Action Items. 11A. SANDAG and City of Encinitas Agreement for Developing a New Coastal Rail Trail Alignment along the Western Side of Coast Highway 101. Contact Person: Public Works Director Pruim Recommended Action: City Council to receive the presentation, discuss the information presented, and provide direction as appropriate. Public Works Director Pruim presented the staff report. 06/15/16 Reg. Mtg. Page 3 Mtg. #2016-,Bk# 30, Page Item 8A 14 of 28

15 06/15/16 Regular Meeting SPEAKERS Julie Thunder, Ralph Thielicke and Chris Swanner spoke in support of the Coastal Rail Trail Alignment. Donna Westbrook spoke. COUNCIL CONSENSUS There was Council Consensus to advocate that the agreement has the flexibility to consider alternative configurations north of Santa Fe Drive. 10A. Housing Element Update, also known as At Home in Encinitas Public Hearing to consider a series of actions to update and implement the City s Housing Element. Contact Person: Senior Planner Strong Recommended Action: Staff recommends that the Council: 1. Consider the information in the Agenda Report; 2. Open the Public Hearing and receive and consider public testimony; 3. Close the Public Hearing; 4. Adopt City Council Resolution titled A Resolution of the City Council of the City of Encinitas, California, certifying the Final Environmental Assessment/Program Environmental Impact Report and adopting findings of fact, a statement of overriding considerations, and a Mitigation Monitoring and Reporting Program for the Housing Element Update Project: 5. Adopt City Council Resolution , titled A Resolution of the City Council of the City of Encinitas, California, repealing in its entirety the uncertified Housing Element of the General Plan and adopting in full new text comprising the Housing Element Update to the General Plan and adopting conforming and ancillary amendments to the Local Coastal Program, Land Use Element of the General Plan, the Voter s Rights Initiative portion of the Land Use Element and Noise Element of the General Plan; 6. Introduce City Council Ordinance , titled An Ordinance of the City Council of the City of Encinitas, California, adopting Encinitas Municipal Code (EMC) Chapter to provide use and development standards to implement the new General Plan land use designation and new design guidelines to provide for development quality, making assorted changes required for consistency elsewhere in the Municipal and Zoning Codes, approving Local Coastal Program implementation program amendments, amending EMC Chapter Encinitas Right to Vote Amendment to allow various changes including a change in maximum building height to accommodate three-story buildings on the sites designated in the General Plan and Zoning Map, and 06/15/16 Reg. Mtg. Page 4 Mtg. #2016-,Bk# 30, Page Item 8A 15 of 28

16 06/15/16 Regular Meeting amending the Cardiff, Downtown Encinitas, North 101 Corridor, and Encinitas Ranch Specific Plans to amend the zone maps in those specific plans and make reference to new EMC Chapter and provide for Housing Element implementation; and 7. Direct staff to prepare materials and docket for Council consideration related to placing the Housing Element Update on the November 8, 2016 ballot for voter consideration. Senior Planner Strong and Acting Director of Planning and Building Ranu presented the staff report. Acting Director of Planning and Building Ranu introduced the following Consultants: Special Counsel Mike Durkee, Nossamann LLP; Special Counsel Mike Hogan, Hogan Law Firm APC; Bobbi Herdes and Stephanie Morgan Whitmore with RECON; and Monique Chen, Chen Ryan. Mayor Gaspar called a recess from 8:02 P.M. to 8:19 P.M. Mayor Gaspar opened the public hearing. SPEAKERS: Howard Mitchell, Susan Turney, Ginger Perkins, Brian Burke, Peter Stern, Damien Mavis, Bruce Ehlers, Kathy Knight, Julie Thunder, Rahul Deshpande, Deborah Young, Dennis Holz, Bill Butler, spoke in opposition to the recommended actions. Richard Boger, Gene Chapo, Glen Johnson, Doug Gibson, Jim Gillie, Kathleen Gillie, Pete Casparson, Keith Pittsford, Jim Wang, Maria Lindley, and Harriet Seldin spoke in support of the recommended actions. Kranz moved, Muir seconded to extend the City Council meeting to midnight. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. The public speakers continued: Kayla Race, Greg Shannon, Joshua Lichtman and David Gaffney spoke in support of the recommended actions. Donna Westbrook, Ron Reis and Robyn Reis spoke in opposition to the recommended actions. Sylvia Demuth, Ronald Demuth and Donna Gottfried were in opposition to the recommended actions but chose not to speak. 06/15/16 Reg. Mtg. Page 5 Mtg. #2016-,Bk# 30, Page Item 8A 16 of 28

17 06/15/16 Regular Meeting Rica Gaffney, Chris Remmer and Bryan Snow were in support of the recommended actions but chose not to speak. Mayor Gaspar closed the public hearing. Mayor Gaspar called a recess from 11:12 P.M. to 11:27 P.M. Gaspar moved, Shaffer seconded to adopt City Council Resolution titled A Resolution of the City Council of the City of Encinitas, California, certifying the Final Environmental Assessment/Program Environmental Impact Report and adopting findings of fact, a statement of overriding considerations, and a Mitigation Monitoring and Reporting Program for the Housing Element Update Project and to include the non-substantive changes by the Acting Director of Planning and Building provided in the amended staff report and the following changes requested by Deputy Mayor Shaffer: 1. BIO-5: Mitigation measure revised to be more restrictive than the General Plan and Municipal Code by striking: unless the applicant demonstrates that a buffer of lesser width would protect the resources of the wetland based on site-specific information ( At a minimum, 100-foot-wide buffers shall be provided upland of tidal wetlands with the exception of riparian areas which will require 50-foot-wide buffers, unless the applicant demonstrates that a buffer of lesser width would protect the resources of the wetland based on site-specific information. ) 2. NOS-1: shall instead of can? ( If necessary, additional sound barriers shall be constructed on the commercial sites to protect nearby noise sensitive uses and hours of delivery can be limited if determined as needed through the study. ) 3 GHG-2: Use shall to be consistent with the CAP. ( Upon completion of the climate action plan, future development shall be reviewed for consistency with the CAP, and projects may utilize the project implementation checklist to ensure compliance with the City s GHG reduction targets. ) 4. Table Traffic Mitigation Improvements: Can transit be a part of this table of roadway mitigations? a. There were no transit impacts identified, so there is no corresponding mitigation warranted (adding a new 06/15/16 Reg. Mtg. Page 6 Mtg. #2016-,Bk# 30, Page Item 8A 17 of 28

18 06/15/16 Regular Meeting mitigation measure implies a new impact, which triggers EIR recirculation). These mitigation measures in the table are for specific impacts. See TRF-27 for how the EIR provides guidance for including multi-modal facilities in the future nexus study for the transportation impact fee update. b. Note: this was added to TRF-27 ( The funds shall be used exclusively for the purpose of implementing mitigation for the impacts associated with buildout of the HEU; however, upon completion of a citywide nexus study, this program could include additional improvements related to multimodal facilities as well. ) To establish this mitigation program, the City shall identify the costs associated with feasible traffic improvements identified in Table , and, in conjunction with relevant local transit agencies, local transit options that could also provide traffic impact mitigation. Once the costs are established, the City shall undertake a nexus study to identify how the funds will be collected.costs funded may include program administration, project administration and management, design and engineering, regulatory compliance, construction, equipment, and operations. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. Gaspar moved, Kranz seconded to adopt City Council Resolution , titled A Resolution of the City Council of the City of Encinitas, California, repealing in its entirety the uncertified Housing Element of the General Plan and adopting in full new text comprising the Housing Element Update to the General Plan and adopting conforming and ancillary amendments to the Local Coastal Program, Land Use Element of the General Plan, the Voter s Rights Initiative portion of the Land Use Element and Noise Element of the General Plan amended as follows: remove the 3 rd story requirement from the SMUP Map Location C3 and show a maximum of two stories for the SMUP Map Location C3. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. Gaspar moved, Blakespear seconded to introduce City Council Ordinance , titled An Ordinance of the City Council of the City of Encinitas, California, adopting Encinitas Municipal Code (EMC) Chapter to provide use and development standards to implement the new General Plan land use designation and new design guidelines to provide for development quality, making 06/15/16 Reg. Mtg. Page 7 Mtg. #2016-,Bk# 30, Page Item 8A 18 of 28

19 06/15/16 Regular Meeting assorted changes required for consistency elsewhere in the Municipal and Zoning Codes, approving Local Coastal Program implementation program amendments, amending EMC Chapter Encinitas Right to Vote Amendment to allow various changes including a change in maximum building height to accommodate three-story buildings on the sites designated in the General Plan and Zoning Map, and amending the Cardiff, Downtown Encinitas, North 101 Corridor, and Encinitas Ranch Specific Plans to amend the zone maps in those specific plans and make reference to new EMC Chapter and provide for Housing Element implementation; and amended to include in the Ordinance the following: 1) SMUP Map Location C3 3 rd story removed; 2) Zoning Standards Page 19 a. Total height changes from 3 stories to 2 stories b. Maximum height changed from 38 to 30 c. Maximum % of 2 nd story floor area increased to 95% due to the removal of the 3 rd story requirement 3) Revision on page 47 of the Design Guidelines (Section D1b) added iii. Roadway drainage collected along curbs shall be directed into adjacent bio-retention areas whenever possible 4) Include recommended non-substantive changes from Acting Planning and Building Director included in the amended agenda report provided prior to the meeting. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. Gaspar moved, Shaffer seconded to direct staff to prepare materials and docket for Council consideration the placing of the Housing Element Update on the November 8, 2016 ballot for voter consideration. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 11. INFORMATIONAL ITEMS Item #11A was heard under Action Items. 12. COUNCIL MEMBER INITIATED AGENDA ITEM There were no Council Member initiated items. 13. FUTURE AGENDA ITEMS ADDED BY COUNCIL MEMBERS No future agenda items were added. 06/15/16 Reg. Mtg. Page 8 Mtg. #2016-,Bk# 30, Page Item 8A 19 of 28

20 06/15/16 Regular Meeting 14. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC (d)) / POSSIBLE DIRECTION TO STAFF No reports were given. 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 11:50 P.M. Kathy Hollywood, City Clerk By: Claudia Bingham Deputy City Clerk Kristin Gaspar, Mayor 06/15/16 Reg. Mtg. Page 9 Mtg. #2016-,Bk# 30, Page Item 8A 20 of 28

21 MINUTES OF THE ENCINITAS CITY COUNCIL SPECIAL MEETING JUNE 22, 2016, 4:30 P.M., 505 SOUTH VULCAN AVENUE CALL TO ORDER/ROLL CALL Mayor Gaspar called the meeting to order at 4:32 P.M. Present: Absent: Mayor Kristin Gaspar, Deputy Mayor Shaffer, Council Members Catherine S. Blakespear, Tony Kranz and Mark Muir None Also present: City Manager Brust, City Attorney Sabine, Special Counsel Dolores Dalton (via telephone), Special Counsel Barbara Kautz, Risk Manager Schwarm, 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: DCM Properties, Inc. v. City of Encinitas Case No CU-MC-NC Council adjourned into Closed Session at 4:33 P.M. REPORT FROM CLOSED SESSION At the regular City Council meeting held at 6:00 P.M., Mayor Gaspar announced that Council, by unanimous vote, directed Special Legal Counsel to move forward with settlement negotiations and if settlement was reached to make settlement agreement public as soon as possible. ADJOURNMENT Mayor Gaspar adjourned the meeting at 6:00 P.M. Kathy Hollywood, City Clerk By: Claudia Bingham Deputy City Clerk Kristin Gaspar, Mayor 06/22/16 Spec. Mtg. Page 1 Mtg. #2016-, BK#30, Page Item 8A 21 of 28

22 MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING JUNE 22, 2016, 6:00 P.M., 505 SOUTH VULCAN AVENUE 1. CALL TO ORDER Mayor Gaspar called the meeting to order at 6:00 P.M. 2. ROLL CALL Present: Absent: Mayor Kristin Gaspar, Deputy Mayor Lisa Shaffer, Council Members Catherine S. Blakespear, Tony Kranz and Mark Muir None Also present: City Manager Brust, City Attorney Sabine, Acting Planning and Building Director Ranu, Senior Planner Strong, Finance Manager Gallop, Finance Director Nash, 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 There were no presentations or proclamations. 5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF Judi Strang, representing San Dieguito Alliance, spoke regarding Vishions, a smoke shop located near San Dieguito Academy. Anthony Kulhmann requested the City Council to consider Wotan Drive as a special case street. Gerald Sodomka spoke regarding camping trailers parked along San Elijo Avenue. Mayor Gaspar requested a future agenda item regarding oversize vehicle parking on city streets. Council Member Muir concurred. 06/22/16 Reg. Mtg. Page 1 Mtg. #2016-, Bk#30, Page Item 8A 22 of 28

23 06/22/16 Regular Meeting 6. REPORT FROM CLOSED SESSION Mayor Gaspar announced that Council, by unanimous vote, directed Special Legal Counsel to move forward with the settlement negotiations and if settlement was reached to make the settlement agreement public as soon as possible. 7. CHANGES TO THE AGENDA City Clerk Hollywood announced that the following change was made by staff to the June 8, 2016 Special Meeting minutes: Deputy Mayor Shaffer adjourned the meeting at 6:05 P.M. 8. CONSENT CALENDAR Muir moved, Shaffer seconded to close and adopt the Consent Calendar with the change to the Special Meeting minutes. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 8A. Approval of the Minutes of the June 8, 2016 Closed Session Special Meeting, and the June 8, 2016 Special Meeting. Contact Person: City Clerk Hollywood Recommended Action: Approve the Minutes. 8B. Approval of the Warrants List. Contact Person: Finance Manager Lundgren Recommended Action: Approve the Warrants. 8C. Quartic Solutions contract Amendment for Information Technology (IT) support in Fiscal Year Contact Person: Information Technology Supervisor Flynn Recommended Action: Council take the following action: Authorize the City Manager to approve Amendment 2 to the contract with Quartic Solutions in the amount of $131,500 in FY , for a total contract not to exceed amount of $247,740. 8D. Off-cycle budget appropriation from the Self-Insurance Fund (601) to the Risk Management FY2015/16 Operating Budget. Contact Person: Department Manager Schwarm 06/22/16 Reg. Mtg. Page 2 Mtg. #2016-, Bk#30, Page Item 8A 23 of 28

24 06/22/16 Regular Meeting Recommended Action: Adopt Resolution approving an off-cycle budget appropriation from the Self-Insurance Fund (601) to the Risk Management FY Operating Budget in the amount of $314,500. 8E. Environmental Systems Research Institute (ESRI) Enterprise License Agreement (ELA) for GIS software and applications. Contact Person: Information Technology Supervisor Flynn Recommended Action: Council take the following action: Authorize the City Manager to execute the next 3-year term of the ESRI Enterprise License Agreement (ELA) for GIS software and applications. Approve the sole source usage for ESRI software. 8F. Housing Element Update Public Hearing to consider adoption of Resolution requesting an off-cycle budget appropriation to the Housing Element Update project budget (WC14B) for legal expenses and a transfer from the Operating Budget to publish Ordinance Contact Person: Management Analyst Noel and Senior Planner Strong Recommended Action: Adopt Resolution approving an off-cycle budget appropriation to the Housing Element Update project budget (WC14B) for further legal expenses of $75,000 as well as a transfer of $40,000 of Operating Budget savings for required public noticing. 9. ITEMS REMOVED FROM THE CONSENT CALENDAR 10. ACTION ITEMS 10A. Housing Element Update, also known as At Home in Encinitas Adoption of City Council Ordinance to implement the City s Housing Element. Contact Person: Senior Planner Strong Recommended Action: Staff recommends that the Council adopt City Council Ordinance , titled, An Ordinance of the City Council of the City of Encinitas, California, adopting Encinitas Municipal Code (EMC) Chapter to provide use and development standards to implement the new General Plan land use designation and new design guidelines to provide for development quality, making assorted changes required for consistency elsewhere in the Municipal and Zoning Codes, approving Local Coastal Program implementation program amendments, amending EMC Chapter Encinitas Right to Vote Amendment to allow various changes including a change in maximum building height to accommodate three-story buildings on the sites designated in the General Plan and Zoning Map, and amending the Cardiff, Downtown Encinitas, North 101 Corridor, and Encinitas Ranch Specific Plans to amend the zone maps in those specific plans and make reference to new EMC Chapter and provide for Housing Element implementation. 06/22/16 Reg. Mtg. Page 3 Mtg. #2016-, Bk#30, Page Item 8A 24 of 28

25 06/22/16 Regular Meeting Acting Director of Planning and Building Ranu presented the staff report. Speaker: Donna Westbrook spoke regarding floating zones. Gaspar moved, Shaffer seconded to adopt City Council Ordinance , titled, An Ordinance of the City Council of the City of Encinitas, California, adopting Encinitas Municipal Code (EMC) Chapter to provide use and development standards to implement the new General Plan land use designation and new design guidelines to provide for development quality, making assorted changes required for consistency elsewhere in the Municipal and Zoning Codes, approving Local Coastal Program implementation program amendments, amending EMC Chapter Encinitas Right to Vote Amendment to allow various changes including a change in maximum building height to accommodate three-story buildings on the sites designated in the General Plan and Zoning Map, and amending the Cardiff, Downtown Encinitas, North 101 Corridor, and Encinitas Ranch Specific Plans to amend the zone maps in those specific plans and make reference to new EMC Chapter and provide for Housing Element implementation. Motion carried: Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 10B. Housing Element Update, also known as At Home in Encinitas Ballot title and calling and giving notice of General Municipal Election on November 8, Contact Person: Acting Planning and Building Director Ranu Recommended Action: Staff recommends that Council: Adopt City Council Resolution titled, A Resolution of the City Council of the City of Encinitas, California, ordering the submission to the qualified electors of the City of Encinitas a certain City Proposition, which Proposition relates to the City s update of its Housing Program, including without limitation an update of the City s General Plan Housing Element, and related amendments to other portions of the City s General Plan, Specific Plans, Zoning Code, Zoning Map, Municipal Code, and Local Coastal Program, at the general election to be held on Tuesday, November 8, 2016 and directing preparation of an impartial analysis for the City Proposition; and authorizing its members to file written arguments in favor of the City Proposition and providing for the filing of rebuttal arguments by its members. Acting Director of Planning and Building Ranu introduced Special Counsel Mike Durkee who presented the report. 06/22/16 Reg. Mtg. Page 4 Mtg. #2016-, Bk#30, Page Item 8A 25 of 28

26 06/22/16 Regular Meeting Kranz moved, Shaffer seconded to approve the ballot question language as follows: Shall City Council Resolution No and Ordinance No , which collectively update the City s General Plan Housing Element, and amend related General Plan provisions, amend Specific Plans, Zoning Code, Zoning Map, Municipal Code, and Local Coastal Program, in an effort to comply with State law, incentivize greater housing affordability, implement rules to protect the character of existing neighborhoods, maintain local control of Encinitas zoning, and resolve existing lawsuits, be adopted? Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. Mayor Gaspar moved to appoint Deputy Mayor Shaffer and Council Member Blakespear to an Ad Hoc City Council Subcommittee to draft a written argument in favor of the Measure for City Council consideration. Kranz moved, Gaspar seconded to: 1) appoint Deputy Mayor Shaffer and Council Member Blakespear to an Ad Hoc City Council Subcommittee to draft a written argument in favor of the Measure for City Council consideration at its regular City Council meeting to be held on August 17, 2016 and the preparation of a draft rebuttal argument for City Council consideration at its regular meeting to be held on August 24, 2016; and, 2) adopt City Council Resolution titled, A Resolution of the City Council of the City of Encinitas, California, ordering the submission to the qualified electors of the City of Encinitas a certain City Proposition, which Proposition relates to the City s update of its Housing Program, including without limitation an update of the City s General Plan Housing Element, and related amendments to other portions of the City s General Plan, Specific Plans, Zoning Code, Zoning Map, Municipal Code, and Local Coastal Program, at the general election to be held on Tuesday, November 8, 2016 and directing preparation of an impartial analysis for the City Proposition; and authorizing its members to file written arguments in favor of the City Proposition and providing for the filing of rebuttal arguments by its members. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 10C. Approval of Fiscal Year Operating Budget and Capital Improvement Program (CIP) with Appropriations and Adoption of Resolution ; Determination of the Appropriation Limit for and Adoption of Resolution ; and Approval of Position Titles and Pay Ranges for FY and Adoption of Resolution Contact Person: Finance Manager Gallup 06/22/16 Reg. Mtg. Page 5 Mtg. #2016-, Bk#30, Page Item 8A 26 of 28

27 06/22/16 Regular Meeting Recommended Action: Staff recommends that City Council take the following actions: 1) Adopt Resolution , approving the FY Operating Budget and CIP appropriations; and 2) Adopt Resolution , determining the FY appropriation limit; and 3) Adopt Resolution , approving Position Titles and Pay Ranges for FY Finance Manager Gallup presented the staff report. SPEAKER: Rebecca Conley, representing Paul Ecke Central Elementary School, spoke in support of the recommended action. Shaffer moved, Kranz seconded to: 1) Adopt Resolution , approving the FY Operating Budget and CIP appropriations; and 2) Adopt Resolution , determining the FY appropriation limit; and 3) Adopt Resolution , approving Position Titles and Pay Ranges for FY Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. There was direction to the City Manager that when staff is educating businesses regarding the voluntary polystyrene compliance, they also educate businesses on the City s recycling efforts and policies. There was direction to staff to expedite the creation of a left-turn pocket at the entrance of the San Diego Botanical Gardens on Quail Gardens Drive. 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 14. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC (d)) / POSSIBLE DIRECTION TO STAFF Council Member Blakespear stated that she went to Sacramento to testify regarding AB2501. Council Member Kranz had nothing to report. 06/22/16 Reg. Mtg. Page 6 Mtg. #2016-, Bk#30, Page Item 8A 27 of 28

28 06/22/16 Regular Meeting Council Member Muir reported on an Encina Wastewater meeting and a San Eljio JPA meeting. Deputy Mayor Shaffer reported on a SANDAG Board of Directors meeting, a SANDAG Transportation meeting, a NCTD Board of Directors meeting; a Community Choice Energy Subcommittee and the Parks and Recreation Master Plan public meeting. Mayor Gaspar reported on an Encina Board of Directors meeting. Mayor Gaspar requested that the City Manager and City Attorney s annual reviews be scheduled in August. There was Council Consensus. 15. CITY MANAGER REPORTS / PENDING FUTURE AGENDA ITEMS City Manager Brust announced that Jennifer Campbell had been hired as the new Parks and Recreation Director and that Jim O Grady had been appointed as the Interim Assistant City Manager. 16. CITY ATTORNEY REPORTS No reports were given. 17. ADJOURNMENT Mayor Gaspar adjourned the meeting at 7:20 P.M. Kathy Hollywood, City Clerk By: Claudia Bingham Deputy City Clerk Kristin Gaspar, Mayor 06/22/16 Reg. Mtg. Page 7 Mtg. #2016-, Bk#30, Page Item 8A 28 of 28