MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING APRIL 20, 2016, 6:00 P.M., 505 SOUTH VULCAN AVENUE

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1 MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING APRIL 20, 2016, 6:00 P.M., 505 SOUTH VULCAN AVENUE 1. CALL TO ORDER Mayor Gaspar called the meeting to order at 6:02 P.M. 2. ROLL CALL 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, Public Works Director Pruim, Senior Engineer Maher, Management Analyst Piano- Jones, Deputy Director Deane, Acting Planning and Building Director Ranu, Associate Planner Dichoso, Planner Yentile, Senior Planner Sapa u, Associate Traffic Engineer Mangohig, Environmental Project Manager Vurbeff, 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. Proclamation Arbor Day 2016 to the Public Works Department Mayor Gaspar presented a proclamation to Public Works Director Pruim. 4B. Presentation of Tree City USA 5 th year Award Public Works Director Pruim presented the Tree City USA Award to the City Council. 5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF Gene Chapo spoke regarding the Housing Element. Kathleen Lindemann spoke regarding traffic concerns at the intersection of Leucadia Boulevard and Orpheus Item 08A 1 of 21

2 Judi Strang, representing San Dieguito Alliance, invited all to attend the Prevention of Electronic Nicotine Delivery Systems presentation on April 27, 2016, at the San Dieguito Academy Media Center. 6. REPORT FROM CLOSED SESSION No Closed Session was held. 7. CHANGES TO THE AGENDA No changes were made to the posted agenda. 8. CONSENT CALENDAR Agenda Item #8D was removed by Council Member Blakespear, Agenda Item #8J was removed by Deputy Mayor Shaffer and staff submitted changes to the staff report for Agenda Item #8K for Council consideration. ACTION: Muir moved, Shaffer seconded to close and adopt the amended Consent Calendar. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 8A. Approval of the Minutes of the March 16, 2016 Regular Meeting and March 23, 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. Encinitas Beach Kids Independent Contractor Agreement. Contact Person: Recreation Superintendent Gorham Recommended Action: City Council authorize the City Manager or designee to execute the one-year agreement. 8E Encinitas Classic Car Nights major event modification. Contact Person: Management Analyst Roff Recommended Action: Council approve the proposed modifications to the 2016 Encinitas Classic Car Nights event Item 08A 2 of 21

3 8F. Amendment to the agreement with Tyler Technologies, Inc. for the purchase and implementation of utility billing software for the San Dieguito Water District. Contact Person: IT Project Manager Salmon Recommended Action: Council to take the following actions: 1) Approve Amendment 7 to the Agreement and authorize the City Manager to enter into the amended agreement with Tyler Technologies, Inc. for professional services, software licenses and hardware in an amount of $129,100 and annual software maintenance fees in the amount of $12,670; and 2) Approve a 15% staff-authorized contingency in the amount of $19,365. 8G. Legislative Position Letters. Contact Person: Senior Management Analyst McSeveney Recommended Action: Approve the legislative position letters for the Mayor s signature. 8H. Request City Council approval to amend the Compliance and License Agreement related to the authorized area for use of the Pacific View site by Leucadia Towing. Contact Person: Deputy City Engineer Shields Recommended Action: Authorize the City Manager, in consultation with the City Attorney, to execute an amendment (Attachment 1) to the existing Compliance and License Agreement (Attachment 2) related to the Leucadia Towing authorized area for use. 8I. Request City Council approval to amend the Compliance and License Agreement related to the authorized area for use of the Pacific View site by Encinitas Glass. Contact Person: Deputy City Engineer Shields Recommended Action: Authorize the City Manager, in consultation with the City Attorney, to execute an amendment (Attachment 1) to the existing Compliance and License Agreement (Attachment 2) related to the Encinitas Glass authorized area for use. 8K. Consider adoption of Resolution requesting necessary funding for required noticing pursuant to EMC Chapter (Proposition A) for the Housing Element Update. Contact Person: Senior Planner Strong and Management Analyst Noel Recommended Action: Staff recommends that the Council: 1) Consider the information in the Agenda Report; 2) Adopt Resolution approving an off-cycle budget appropriation to the At Home in Encinitas (WC14B) project budget of $68,000; and 3) Authorize the City Manager to enter into an agreement with Post Haste Direct for printing services, data processing, and mailing services Item 08A 3 of 21

4 9. ITEMS REMOVED FROM THE CONSENT CALENDAR 8D. Summary Vacation of an Irrevocable Offer of Dedication for roadway purposes located at 1060 California Street. Contact Person: Senior Civil Engineer Maher Recommended Action: Adopt City Council Resolution approving the vacation of an existing irrevocable offer of dedication located at 1060 California Street. Agenda Item #8D was removed from the Consent Calendar by Council Member Blakespear. No staff report was given. Speakers: Donna Westbrook spoke in opposition to the recommended action. Sheila Cameron spoke in support of the recommended action. ACTION: Blakespear moved, Muir seconded to direct staff to review and evaluate current policies for vacations and to return to a future City Council meeting for discussion. Gaspar made a substitute motion, Kranz seconded to adopt Resolution approving the vacation of an existing irrevocable offer of dedication located at 1060 California Street. Motion failed. Ayes: Gaspar, Kranz. Nays: Blakespear, Muir, Shaffer. The original motion was then voted on. Motion carried. Ayes: Blakespear, Kranz, Muir, Shaffer. Nays: Gaspar. 8J. Annual Progress Report on the implementation of the General Plan. Contact Person: Senior Planner Strong Recommended Action: Staff recommends that the Council approve the General Plan Annual Progress Report and authorize staff to submit the report to the State Office of Planning Research and Department of Housing and Community Development, pursuant to Government Code Section 65400(a)(2). Deputy Mayor Shaffer removed Agenda Item #8J from the Consent Calendar. No staff report was given Item 08A 4 of 21

5 10. ACTION ITEMS Speaker: Sheila Cameron spoke in opposition to the recommended action. Deputy Mayor Shaffer requested the following changes to the General Plan Annual Progress Report: 1) under Public Safety Element Implementation, add bullets regarding Marine Safety and Rail Corridor Safety; 2) under Resource Management Element Implementation, include the number of trees removed as well as the number of trees planted; 3) under Resource Management Element implementation, change the wording from Adopted a Plastic Bag Ban Ordinance to Adopted a Single Use Disposable Bag Reduction Ordinance. ACTION: Shaffer moved, Blakespear seconded to approve the General Plan Annual Progress Report with changes requested by Deputy Mayor Shaffer; to authorize staff to submit the report to the State Office of Planning Research and Department of Housing and Community Development, pursuant to Government Code Section 65400(a)(2); and direction to staff to submit the report for Council approval yearly. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 10A. Continued public hearing from March 16, 2016 for consideration and approval of Resolution approving the Fiscal Year (FY) Community Development Block Grant (CDBG) program budget and the FY Annual Action Plan. Contact Person: Management Analyst Piano-Jones Recommended Action: Council take the following actions: 1) Adopt Resolution approving the proposed FY Community Development Block Grant (CDBG) budget and FY Action Plan; 2) Authorize the City Manager to transmit the FY Action Plan and execute required certifications to the U.S. Department of Housing and Urban Development (HUD); and 3) Authorize the City Manager, or designee, to execute all funding agreements consistent with the FY Action Plan. Management Analyst Piano-Jones presented the staff report. Disclosures: All Council Members and the Mayor had nothing to disclose Item 08A 5 of 21

6 Since there were no public speakers, Mayor Gaspar opened and then closed the public hearing. ACTION: Muir moved, Gaspar seconded to: 1) Adopt Resolution approving the proposed FY Community Development Block Grant (CDBG) Budget and FY Action Plan; 2) Authorize the City Manager to transmit the FY Action Plan and execute required certifications to the U.S. Department of Housing and Urban Development (HUD); and 3) Authorize the City Manager, or designee, to execute all funding agreements consistent with the FY Action Plan. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 10B. Public Hearing to consider an appeal regarding Case No CDP for the demolition of an existing residence and construction of a new singlefamily residence at 1084 Hermes Avenue. CASE NUMBER: CDP; APPLICANT: Surfside Projects Hermes, LLC; APPELLANT: Victor Manneh; LOCATION: 1084 Hermes Avenue (APN ). Contact Person: Senior Engineer Maher and Associate Planner Dichoso Recommended Action: Deny the appeal and adopt attached Draft City Council Resolution upholding the Planning and Building Department decision to approve and issue PBD (Case No CDP) dated February 8, Alternative options are also provided in the analysis section of the agenda report. Before Agenda Item #10B was heard, Council Member Kranz stated that because he lives within 500 of the project, he would be recusing himself due to a conflict of interest. Council Member Kranz then left the Council Chambers. Associate Planner Dichoso presented the staff report and Senior Engineer Maher presented the appellant s position. Disclosures: Council Member Blakespear and Mayor Gaspar stated that they had nothing to disclose. Council Members Muir and Shaffer stated that they had received several s. Mayor Gaspar opened the public hearing. Victor Manneh, the appellant, presented his appeal Item 08A 6 of 21

7 Steve Hoiles, representing the applicant and Brian Ardolino, Project Engineer for Pasco, Laret, Suiter & Associates, spoke in support of the recommended action. Speakers: Karen Watson, Paul Fleck and Sheila Cameron spoke in opposition to the recommended action. Steve Hoiles, representing the applicant, presented his rebuttal. Victor Manneh, the appellant, presented his rebuttal. Mayor Gaspar closed the public hearing. ACTION: Blakespear moved, Shaffer seconded to deny the appeal and adopt Resolution upholding the Planning and Building Department decision to approve and issue PBD (Case No CDP) dated February 8, Motion carried. Aye: Blakespear, Gaspar, Muir, Shaffer. Nays: None. Absent: Kranz. Mayor Gaspar called a recess from 7:40 P.M. to 7:53 P.M. Council Member Kranz returned to the Council Chambers. 10C. Public Hearing to consider an appeal of the Planning Commission s denial of a Major Use Permit, Design Review Permit, Parcel Map Waiver and Coastal Development Permit to demolish an existing mini-mart and autoservice shop and replace it with a marketplace, car wash, vacuums and an additional gas dispenser, and consolidate four existing legal lots into one lot. The project site is located within the Visitor Serving Commercial (VSC) Zone and the Coastal Zone in the community of Leucadia. CASE NUMBER: MUP/DR/PMW/CDP; APPLICANT: S&L Oil Inc.; APPELLANT: S&L Oil Inc.; LOCATION: 865 Orpheus Avenue (APN: ). Contact Person: Associate Planner Yentile Recommended Action: Uphold the appeal in part, regarding the Major Use Permit, based on findings that can be made for approval related to the car wash, vacuums, and gas pump dispenser based on evidence in the record; and, remand the project back to the Planning Commission with direction to provide recommendations on the Design Review Permit only (recognizing the concerns raised by the community and the Commission specifically related to the architecture of the building and canopy and design of the site walls) and return to City Council for final resolution on the entire project. Senior Planner Sapa u presented the staff report Item 08A 7 of 21

8 Disclosures: Council Member Blakespear stated that she had visited the property and had met with the applicant/appellant. Council Member Kranz stated that he had visited the property, had met with the applicant/appellant and several planning commissioners and had watched the Planning Commission hearing for this project. Council Member Muir stated that he had visited the property, met with the applicant/appellant and had watched the Planning Commission hearing for this project. Deputy Mayor Shaffer stated that she had received s and had driven by the property. Mayor Gaspar stated that she had received s, spoke with several residents, spoke with the applicant s legal counsel and had watched the Planning Commission hearing for this project. Mayor Gaspar opened the public hearing. Marco Gonzalez, representing Ravi Gupta, the applicant/appellant, spoke in support of staff recommended Option B. SPEAKERS: Ronette Youmans, Kathleen Lees, Gina Anderson, David Malmberg, Evelyn Weidner, Cash Manning, John Carlson, Alex Mrazek, Gia Qiuroga, Kathleen Lindemann, Karen Watson, Donna Westbrook, Chriss Brumfield, Chris Rodewald and Susan Turney spoke in opposition to the recommended action. Fred Bingham spoke in support of the appeal. Jim Short was in opposition to the recommended action but chose not to speak. Marco Gonzalez, representing the applicant/appellant, presented the rebuttal. ACTION: Kranz moved, Shaffer seconded to extend the City Council meeting to 11:00 P.M. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. Mayor Gaspar called a recess from 10:09 to 10:22 P.M Item 08A 8 of 21

9 ACTION: Blakespear moved, Muir seconded to deny the appeal, uphold the decision of the Planning Commission to deny the Major Use Permit, Design Review Permit, Parcel Map Waiver and Coastal Development Permit application and adopt Resolution Motion carried. Ayes: Blakespear, Kranz, Muir, Shaffer. Nays: Gaspar. Absent: None. 11. INFORMATIONAL ITEMS There were no informational items. 12. COUNCIL MEMBER INITIATED AGENDA ITEM There were no Council Member Initiated agenda items. 13. FUTURE AGENDA ITEMS ADDED BY COUNCIL MEMBERS Council Member Kranz requested direction to the City Manager to work with staff and outside agencies on the possible reduction of the concrete culvert near Montgomery Avenue and options for reducing runoff from San Elijo Avenue. Shaffer concurred. Mayor Gaspar requested direction to the City Manager and City Clerk to develop a formal application process for the Rail Corridor Vision Working Group. Kranz concurred. Council Member Kranz requested direction to the City Manager and Traffic Engineering Department to work with the Traffic and Public Safety Commission on recommendations for interim traffic calming solutions along the Highway 101 corridor including, but not limited to, the installation of all-way stops at various intersections, possible test locations, increase in law enforcement and any other creative solutions. There was Council Consensus for this. Council Member Kranz stated that he would like to withdraw his second for the request to address restrictions on where firearms sales could take place similar to the Alameda County Ordinance and remove this item from the follow-up log. Shaffer concurred. Council Member Blakespear requested direction to the City Manager to respond to the question of whether it s too late to consider any redesign of the Chesterfield-101 Intersection. Shaffer concurred. 14. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC (d)) / POSSIBLE DIRECTION TO STAFF Item 08A 9 of 21

10 Council Member Blakespear had nothing to report. Council Member Kranz reported on a SANDAG Public Safety Committee meeting. Council Member Muir reported on a Fire Governance Committee meeting, a Community Choice Aggregation meeting with Deputy Mayor Shaffer, a San Elijo JPA meeting with Council Member Blakespear, and an Encina Wastewater Authority Policy and Finance Committee meeting. Deputy Mayor Shaffer reported on a SANDAG Board meeting, a SANDAG Transportation Committee meeting, a Community Choice Aggregation meeting and a Cultural Tourism meeting. Mayor Gaspar reported on an Encina Wastewater Authority Capital Improvement Committee meeting. 15. CITY MANAGER REPORTS / PENDING FUTURE AGENDA ITEMS City Manager Brust stated that the Montgomery Railroad Crossing community meeting had been postponed and would be scheduled for a later date and she announced that David Van Pelt was named City of Encinitas Employee of the Year. 16. CITY ATTORNEY REPORTS No reports were given. 17. ADJOURNMENT Mayor Gaspar adjourned the meeting at 10:55 P.M. Kathy Hollywood, City Clerk By: Claudia Bingham Deputy City Clerk Kristin Gaspar, Mayor Item 08A 10 of 21

11 MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING APRIL 27, 2016, 6:00 P.M., 505 SOUTH VULCAN AVENUE 1. CALL TO ORDER Mayor Gaspar called the meeting to order at 6:20 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 and City Clerk Hollywood There being a quorum present, the meeting was in order. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS AND PROCLAMATIONS 4B. Proclamation for Fair Housing Month presented to Karen Thompson from North County Lifeline Mayor Gaspar presented a proclamation to Karen Thompson from North County Lifeline designating April 2016 as Fair Housing Month in the City of Encinitas. 4A. Informational presentation by Samantha Murray of Dudek with an introduction by Dave Peck, Encinitas 101 Board of Directors President on the results of the La Paloma Theatre Historical Resource Evaluation Report prepared by Dudek on behalf of the Encinitas 101 Mainstreet Association. Contact Person: Principal Planner Langager Council received an informational presentation from Encinitas 101 Board of Directors President Dave Peck and Samantha Murray of Dudek regarding the results of the La Paloma Theatre Historical Resource Evaluation Report and next steps for receiving historical designation. Allen Largent spoke in support of efforts to obtain historical designation for the La Paloma Theatre. 5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF There were no oral communications Item 08A 11 of 21

12 6. REPORT FROM CLOSED SESSION The report from Closed Session is as follows: 1. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION NAME OF CASE: Clean Cut Landscape v. City of Encinitas Case No CU-WM-NC Mayor Gaspar reported that there was no reportable action. 2. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION NAME OF CASE: La Quinta Gardens, LLC v. City of Encinitas Case No CL-OR-NC Mayor Gaspar reported that direction was given to move towards settlement to remove an invalid condition on a building permit. 3. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION NAME OF CASE: Friends to Preserve Encinitas Beauty v. City of Encinitas Case No CU-WM-NC Mayor Gaspar reported that there was no reportable action. 4. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, SIGNIFICANT EXPOSURE TO LITIGATION (d) NUMBER OF POTENTIAL CASES: (1) CIRCUMSTANCES: Correspondence dated April 25, 2016 from Attorney Cynthia Morgan-Reed, representing Encinitas Express, regarding the lighting/use of Leo Mullen Park City Attorney Sabine reported that because of the unique nature of the issues involved, he would be issuing a legal memorandum on legal conclusions related to the application of the Encinitas Specific Plan and Development Agreement with respect to the lighting of the Leo Mullen Sports Park. He stated that he anticipates having that memo on file with the City Clerk by close of business next Wednesday (May 4, 2016). 5. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION NAME OF CASE: DCM Properties, Inc. v. City of Encinitas Case No CU-MC-NC Mayor Gaspar reported that there was no reportable action Item 08A 12 of 21

13 7. CHANGES TO THE AGENDA City Clerk Hollywood announced that Item 8D on the Consent Calendar had been amended by staff to delete Recommendation CONSENT CALENDAR Item 8C was removed from the Consent Calendar by a member of the public. City Clerk Hollywood stated that revisions had been recommended on page 2 of the March 23, 2016 Special Joint Meeting minutes to remove the words similar to Salt Lake City s Policy in the first motion. ACTION: Shaffer moved, Kranz seconded to close and adopt the amended Consent Calendar including recommended revisions to page two of the March 23, 2016 Special Joint Meeting minutes. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 8A. Approval of the Minutes of the March 23, 2016 Special Joint Meeting and March 30, 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. 8D. Contract Amendment for Dudek to provide additional services 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, and any necessary extensions, with Dudek & Associates, Inc. ( Dudek ) in the amount of $14,000 to provide additional revegetation construction monitoring services during the extended construction period for a total contract not to exceed $121,170. ; and 2) Authorize the Public Works Director, to execute a contract amendment, 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. Recommendation 2 was deleted by staff prior to the meeting Item 08A 13 of 21

14 8E. Legislative Position Letters. Contact Person: Management Analyst McSeveney Recommended Action: Approve the legislative position letters for the Mayor s signature. 9. ITEMS REMOVED FROM THE CONSENT CALENDAR 8C. Recommendations of the City Council Subcommittee on Community Outreach. Contact Person: Council Subcommittee Members Mayor Gaspar and Council Member Kranz Recommended Action: Council to take the following actions: 1. Accept the proposed Communications Plan; 2. Authorize the City Manager to enter into agreements for online tools ecomment, PlaceSpeak, and Nextdoor and pilot them for one year; 3. Authorize the City Manager to work with communications consultants to develop a cohesive identify for the Strategic Plan, Focus Areas and Work Program; 4. Authorize the City Manager to collaborate with main street associations, business groups, service organizations and other stakeholders to disseminate information to our community in a more interactive and engaging way at community events; 5. Authorize the City Manager to evaluate current e-subscription distribution lists for effectiveness; and 6. Authorize the City Manager to perform a baseline satisfaction survey. Christina Simokat requested more community input on the outreach plan. ACTIONS: Shaffer moved, Blakespear seconded to: not accept the proposed Communications Plan and send back to the subcommittee for further vetting through public subcommittee meetings and presentations to other groups such as the Cultural Tourism Committee, the School District Liaison Committee and other identified groups. Motion failed. Ayes: Blakespear, Shaffer. Nays: Gaspar, Muir, Kranz. Shaffer moved, Kranz seconded to authorize the City Manager to enter into agreements for online tools ecomment, PlaceSpeak, and Nextdoor and pilot them for one year as recommended by the subcommittee. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None Item 08A 14 of 21

15 10. ACTION ITEMS Shaffer moved, Gaspar seconded to authorize the City Manager to develop a survey of civic awareness and engagement to be conducted in early 2017 and repeated every two years in nonelection years. Motion carried. Ayes: Gaspar, Kranz, Muir, Shaffer. Nays: Blakespear. Kranz moved, Shaffer seconded to receive the proposed Communications Plan maintaining its draft status until further notice and opening it up for public comment. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. Julie Wright, (W)right on Communications, spoke regarding evaluating the effectiveness of e-subscriptions and communications. ACTIONS: Muir moved, Blakespear seconded to: 1) Authorize the City Manager to work with communications consultants to develop a cohesive identity for the Strategic Plan, Focus Areas and Work Program; 2) Authorize the City Manager to explore collaboration with main street associations, business groups, service organizations and other stakeholders to disseminate information to our community in a more interactive and engaging way at community events; and 3) Authorize the communications consultants to evaluate current e-subscription distribution lists for effectiveness. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. Direction to the City Manager to request an item be placed on all commission agendas to receive feedback on how well the City is communicating and what each commission thinks would serve their particular constituents best for communication outreach. 10A. Proposal to Implement the San Diego Regional Opening Doors Project (formerly or also known as the 25 Cities Initiative) with a collaborative approach to end Veteran Homelessness in Encinitas. Contact Person: Senior Management Analyst McSeveney Recommended Action: The City Council: 1. Receive and consider the proposal from the Community Resource Center and Interfaith Community Services; 2. Authorize the City Manager to execute a Memorandum of Understanding with the Community Resource Center for the implementation of a one-year pilot program to implement the Opening Doors Project in the City of Encinitas in substantially final form, as Item 08A 15 of 21

16 shown in Attachment 3 of the agenda report, subject to the review and approval of the City Attorney; and 3. Select the pilot program funding level alternative, either $100,095 or $107,905, or provide further direction. Senior Management Analyst McSeveney, Greg Anglea of Interfaith Community Services and Rebecca Palmer of the Community Resource Center presented the staff report. Alan Dorsey spoke in support of the recommended action. Karen Koblentz registered support for the recommended action but did not wish to speak. ACTION: Shaffer moved, Kranz seconded to: 1) Authorize the City Manager to execute a Memorandum of Understanding with the Community Resource Center for the implementation of a one-year pilot program to implement the Opening Doors Project in the City of Encinitas in substantially final form, as shown in Attachment 3 of the agenda report, subject to the review and approval of the City Attorney; and 2) Select the pilot program funding level alternative of $107,905. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 10B. Council approval of a draft letter to SANDAG requesting a west side alignment for the Coastal Rail Trail. Contact Person: Public Works Director Pruim Recommended Action: City Council to discuss the letter, direct any changes desired, and authorize the Mayor to sign the final letter. Director of Public Works Pruim presented the staff report. ACTION: Blakespear moved, Gaspar seconded to approve the letter with changes recommended by Council Member Blakespear and authorize the Mayor the sign the final letter. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None Item 08A 16 of 21

17 11. INFORMATIONAL ITEMS 11A. SANDAG Potential Funding Measure. Contact Person: Deputy Mayor Shaffer Recommended Action: City Council receive and discuss the report. Deputy Mayor Shaffer presented information on the proposed SANDAG sales tax measure to fund transit, open space acquisition and maintenance, and highway projects and stated that the SANDAG Board will vote on Friday, April 29, whether or not to move forward with a ballot measure. 12. COUNCIL MEMBER INITIATED AGENDA ITEM There were no Council Member Initiated agenda items. 13. FUTURE AGENDA ITEMS ADDED BY COUNCIL MEMBERS Council Member Blakespear requested a future agenda item to review the City s current recycling policy and to consider reaffirming the City s commitment to recycling to ensure that all City trash cans have recycling containers next to them and that all special events require recycling and provide recycling containers. Kranz concurred. Council Member Blakespear requested that a mission statement be added to the Rail Corridor Vision Working Group application. There was Council Consensus to direct the City Manager to contact the local school district superintendents, the San Dieguito Alliance and Sheriff s Department to coordinate a report including what is currently being done in regards to drug prevention and education, what the trends are for Encinitas, the potential for partnering projects for drug prevention and education, and the cost of providing school site officers. 14. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC (d)) / POSSIBLE DIRECTION TO STAFF Mayor Gaspar reported on an Encina Wastewater Authority Board meeting. Deputy Mayor Shaffer reported on her attendance at a SANDAG Board Meeting, the City s Arbor Day celebration, Encinitas Street Fair, and the Sea-Level Rise subcommittee internal planning meeting. Council Member Muir reported on an Encina Wastewater Authority meeting Item 08A 17 of 21

18 Council Member Kranz reported on a North County Transit District Board meeting. Council Member Blakespear reported on her attendance at the City s Arbor Day celebration and the Olivenhain Beer and Brat Festival. Mayor Gaspar recommended that some type of traffic control or Senior Volunteer Patrol be provided at the rail crossing during the Encinitas Street Fair. 15. CITY MANAGER REPORTS / PENDING FUTURE AGENDA ITEMS City Manager Brust had no reports. 16. CITY ATTORNEY REPORTS City Attorney Sabine reported on the appointment authority for a Fire Chief as defined in the Fire Services Cooperative Agreement, the status of the Mizel naming rights MOU, and the status of the Costa Mesa Sober Living settlement agreement. 17. ADJOURNMENT Mayor Gaspar adjourned the meeting at 9:50 p.m. Kathy Hollywood, City Clerk Kristin Gaspar, Mayor Item 08A 18 of 21

19 MINUTES OF THE ENCINITAS CITY COUNCIL SPECIAL MEETING APRIL 27, 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. Present: Absent: Mayor Kristin Gaspar, Deputy Mayor Lisa Shaffer, Council Members Catherine S. Blakespear, Tony Kranz (arrived at 4:04 p.m.) and Mark Muir None Also present: City Manager Brust, City Attorney Sabine, Risk Manager Schwarm, City Clerk Hollywood, Acting Director of Planning and Building Ranu (Item #5), Special Counsel Kautz (via telephone Item #5), and Special Counsel Dolores Dalton (Item #5) There being a quorum present, the meeting was in order. CLOSED SESSION CITY COUNCIL 1. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION NAME OF CASE: Clean Cut Landscape v. City of Encinitas Case No CU-WM-NC 2. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION NAME OF CASE: La Quinta Gardens, LLC v. City of Encinitas Case No CL-OR-NC 3. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION NAME OF CASE: Friends to Preserve Encinitas Beauty v. City of Encinitas Case No CU-WM-NC 4. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, SIGNIFICANT EXPOSURE TO LITIGATION (d) NUMBER OF POTENTIAL CASES: (1) CIRCUMSTANCES: Correspondence dated April 25, 2016 from Attorney Cynthia Morgan-Reed, representing Encinitas Express, regarding the lighting/use of Leo Mullen Park 5. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION NAME OF CASE: DCM Properties, Inc. v. City of Encinitas Case No CU-MC-NC Item 08A 19 of 21

20 Speakers: Adam Jacobs and Marie Dardarian spoke in opposition to lights at Leo Mullen Sports Park. Mayor Gaspar reported that she had previously recused herself from discussions on DCM Properties, Inc. v. City of Encinitas because of a potential conflict of interest. She stated that she had received a written opinion from FPPC that she did not have a conflict of interest and therefore does not have to recuse herself on this item. Council adjourned into Closed Session at 4:11 P.M. Council reconvened into open session at 6:20 P.M. REPORT FROM CLOSED SESSION (at Regular City Council meeting) The report from Closed Session is as follows: 1. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION NAME OF CASE: Clean Cut Landscape v. City of Encinitas Case No CU-WM-NC Mayor Gaspar reported that there was no reportable action. 2. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION NAME OF CASE: La Quinta Gardens, LLC v. City of Encinitas Case No CL-OR-NC Mayor Gaspar reported that direction was given to move towards settlement to remove an invalid condition on a building permit. 3. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION NAME OF CASE: Friends to Preserve Encinitas Beauty v. City of Encinitas Case No CU-WM-NC Mayor Gaspar reported that there was no reportable action. 4. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, SIGNIFICANT EXPOSURE TO LITIGATION (d) NUMBER OF POTENTIAL CASES: (1) CIRCUMSTANCES: Correspondence dated April 25, 2016 from Attorney Cynthia Morgan-Reed, representing Encinitas Express, regarding the lighting/use of Leo Mullen Park Item 08A 20 of 21

21 City Attorney Sabine reported that because of the unique nature of the issues involved, he would be issuing a legal memorandum on legal conclusions related to the application of the Encinitas Specific Plan and Development Agreement with respect to the lighting of the Leo Mullen Sports Park. He stated that he anticipates having that memo on file with the City Clerk by close of business next Wednesday (May 4, 2016). 5. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION NAME OF CASE: DCM Properties, Inc. v. City of Encinitas Case No CU-MC-NC Mayor Gaspar reported that there was no reportable action. ADJOURNMENT Mayor Gaspar adjourned the meeting at 6:20 P.M. Kathy Hollywood, City Clerk Kristin Gaspar, Mayor Item 08A 21 of 21