MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING OCTOBER 19, 2016, 6:00 P.M., 505 SOUTH VULCAN AVENUE

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1 MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING OCTOBER 19, 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, Fire Chief Stein, Principal Planner Langager, Deputy Public Works Director Deane, Acting Planning and Building Director Ranu, Parks and Recreation Director Campbell, Senior Deputy Fire Marshal Berberet, Management Analyst Gallop, Finance Director Nash, Senior Management Analyst Wilson, 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. The Great California ShakeOut Proclamation Mayor Gaspar presented a proclamation to Fire Chief Stein. 5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF Roger Ogden spoke in opposition to the Welcoming Cities Resolution. Denise Martin spoke in opposition to Measure T. Jeremy Kron spoke regarding campaign ethics. 6. REPORT FROM CLOSED SESSION No Closed Session meeting was held. 10/19/16 Reg. Mtg. Page 1 Mtg. #2016-, Bk#31, Page Item 8A 1 of 7

2 7. CHANGES TO THE AGENDA City Clerk Hollywood announced that Agenda Item #10C had been removed from the agenda by staff and would be heard at a later date. 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 Warrants List. Contact Person: Finance Manager Lundgren Recommended Action: Approve the Warrants. 8B. Construction Contract for the Regal Road West Sidewalk Project (CS16G). Contact Person: Associate Civil Engineer Widelski Recommended Action: It is recommended that City Council take the following actions: 1) Authorize the Director of Public Works, or his designee, in coordination with the City Attorney, to execute a contract, and any necessary extensions, with Blue Pacific Engineering & Construction in the amount of $109,072 plus 15% contingencies to construct the Regal Road West Sidewalks Project, for a total contract amount not to exceed $125,433; 2) Authorize the Director of Public Works, or his designee, in coordination with the City Attorney, to execute a contract amendment, and any necessary extensions, with Geo-Pacifica for construction inspection services for the Regal Road West Sidewalks Project in the amount of $7,575; and 3) Authorize the Director of Public Works, or his designee, in coordination with the City Attorney, to execute a contract amendment, and any necessary extensions, with Right of Way Engineering Services Inc. for construction staking for the Regal Road West Sidewalks Project in the amount of $4, ITEMS REMOVED FROM THE CONSENT CALENDAR 10. ACTION ITEMS 10A. Consideration of a proposed amendment to the Encinitas Ranch Specific Plan to authorize field lighting at Leo Mullen Sports Park subject to a Major Use Permit. Case No POD. Contact Person: Principal Planner Langager 10/19/16 Reg. Mtg. Page 2 Mtg. #2016-, Bk#31, Page Item 8A 2 of 7

3 Recommended Action: Staff recommends that City Council provide staff direction on the following options: 1. City (as applicant) process an amendment to the Encinitas Ranch Specific Plan (ERSP). Adoption of Resolution would initiate the amendment process. 2. City (as applicant) process an amendment to the ERSP simultaneously with the associated Major Use Permit (MUP) and Coastal Development Permit (CDP) application. Adoption of Resolution would initiate the amendment process. 3. Authorize a third party, such as Encinitas Soccer League, (as applicant) to initiate the ERSP amendment and/or the associated MUP and CDP. Principal Planner Langager presented the staff report. The following speakers spoke in support of the proposed amendment to the Encinitas Ranch Specific Plan to authorize field lighting at Leo Mullen Sports Park: Jeff Severinghaus, Scott Platenberg, Dr. Laurence Mignon, Christine Yonan, Hanna (Romi) Marcky, Presley Thompson, Lauren Stevens, Taylor McLeod, Gigi Brough and Rick Loehner. Adam Jacobs, Cambria homerowner, Jon Sevison, representing Encinitas Express and Shubhayan Mukherjee, Cambria HOA President, reviewed a list of proposed required steps to permit permanent lighting at Leo Mullen Park Soccer Field. They stated they were working together to develop a compromise plan that would benefit all involved. Isabelle Garcia spoke in opposition to the recommended actions. Doug Gibson spoke regarding the potential impact of lights on the natural habitat surrounding the park. The following were in opposition to the recommended actions but chose not to speak: Scott Barnhill and Jane Worthington. The following were in support of the proposed amendment to the Encinitas Ranch Specific Plan to authorize field lighting at Leo Mullen Sports Park but chose not to speak: Diane Koceur, Hayden Ma, Reese Silcox, Matthew Couchman, Jamie Ma, Mia Koceur, Mark Mattson, Chris Remmer, Grant Manning, Brett Mills, Dahlia Sleight, Brian Sleight, Fariba Maher, Jesse Campos, Emelyn Ma, 10/19/16 Reg. Mtg. Page 3 Mtg. #2016-, Bk#31, Page Item 8A 3 of 7

4 Virginia Palafox, Lynette Meyers, Brad Silcox, Charlotte Mignon, Zoe Mignon, Yves Mignon, Julie Putnam, Steve McLeod, Lisa McLeod, Brian Volpp, Elio Bello, Calin Marian, Guy Newman, Zach Taylor, Anna Robin, Grey Robin, Jan de Joug, Kenneth Horvath, Michael Callies, Heather House, Sahil Dhir, Kim Stevens, Craig McStravick, Cherie Carbine, Shannon Miller, Jerome Watson, GiGi Gurung, Travis Lucern, Monica Lewis, Valeria Villasenor, Samantha Comtorti, Emma Patrick, Peggy Compton, Johanna Geddes, Sophia Verzella, Marti Eisenberg, Shay McGhee, Taylor Putnam, Lucie Martin, Bronwyn Eyre, Zaylin Tsakiris, Kaitlyn Farley, Siobhan Gallagher, Cynthia Meyers, Annie Keatly, Isabel Wilson, Tessa Roberts, Maddy Cuppers, Kekoa Vierra, Brian Poltl, Adriana Ortiz, Allan Olvera, Ellen Olvera, Miller Remmer, Phil Turner, Owen Turner, Desi Turner, Emilie Carbine, Kyra Compton, Robby Schiefer, Katrina Lee, Alexa Gonzalez, Lena Hoover, Michaela Pocivs and Trisha Bynes. Gaspar moved, Blakespear seconded to approve Option 2 as follows: 1) The City (as applicant) process an amendment to the Encinitas Ranch Specific Plan (ERSP) simultaneously with the associated Major Use Permit (MUP) and Coastal Development Permit (CDP) application; 2) Adopt Resolution which initiates the amendment process; and 3) Direct the City Attorney to meet with the Homeowners Association and Encinitas Express to review and discuss their proposal. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 10B. Introduction of Ordinance , an Ordinance of the City of Encinitas which adopts the 2015 International Fire Code and the 2016 California Fire Code with certain amendments, additions and deletions. Contact Person: Senior Deputy Fire Marshal Berberet Recommended Action: Introduce City Council Ordinance Senior Deputy Fire Marshal Berberet presented the staff report. Shaffer moved, Muir seconded to introduce Ordinance , an Ordinance of the City of Encinitas which adopts the 2015 International Fire Code and the 2016 California Fire Code with certain amendments, additions and deletions. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 10/19/16 Reg. Mtg. Page 4 Mtg. #2016-, Bk#31, Page Item 8A 4 of 7

5 10C. Public hearing and Consideration of Resolution Regarding Findings Related to the Unexpended Fund Balance for Impact/Mitigation fees collected prior to 6/30/11 and acceptance of the Annual Report of Development Impact/Mitigation Fees for fiscal year ended June 30, 2016 as required by the California Mitigation Fee Act. Contact Person: Finance Manager Gallup and Financial Analyst Rau Recommended Action: Adopt Resolution Regarding Findings Related to the Unexpended Fund Balance for fees collected prior to 6/30/11 and accept the Annual Report of Development Impact/Mitigation Fees for fiscal year ended June 30, Agenda Item #10C was removed by staff and would be heard at a future date. 10D. Report on the Financial Results for Fiscal Year Contact Person: Finance Manager Gallup Recommended Action: Staff recommends City Council take the following actions: 1) Approve and adopt the actual ending fund balances for FY as beginning fund balances for FY (Attachment 1, Column 8); 2) Approve the revised Schedule A, Revised Budget Summary FY , presented in Attachment 4; 3) Receive Capital Improvement Program End of Year Status Report (Attachment 5); and 4) Approve Resolution authorizing a lump sum payment to CalPERS to reduce the City of Encinitas unfunded pension liability in the amount $220,434 which is 5% of the FY budget surplus of $4,408,679 (Attachment 6). Finance Manager Gallup presented the staff report. Shaffer moved, Kranz seconded to: 1) Approve and adopt the actual ending fund balances for FY as beginning fund balances for FY (Attachment 1, Column 8); 2) Approve the revised Schedule A, Revised Budget Summary FY , presented in Attachment 4; 3) Receive Capital Improvement Program End of Year Status Report (Attachment 5); and 4) Approve Resolution authorizing a lump sum payment to CalPERS to reduce the City of Encinitas unfunded pension liability in the amount $220,434 which is 5% of the FY budget surplus of $4,408,679 (Attachment 6). Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 10E. Citywide Recycling Efforts. Contact Person: Director of Parks and Recreation Campbell and Management Analyst Wilson 10/19/16 Reg. Mtg. Page 5 Mtg. #2016-, Bk#31, Page Item 8A 5 of 7

6 Recommended Action: That the City Council review the information and provide staff further direction. Director of Parks and Recreation Campbell and Management Analyst Wilson presented the staff report. There was Council Consensus to receive the report. 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 Gaspar requested, Muir concurred to place the letter received from David W. Hutchinson (addressed to the City Clerk), regarding alleged Brown Act violations on a future City Council agenda. There was direction to the City Manager to report back to Council on the condition and cleaning of the downtown area sidewalks. 14. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC (d)) / POSSIBLE DIRECTION TO STAFF Council Member Blakespear stated that she had attended the Coastal Mobility and Livability Community working group meeting. Council Members Kranz and Muir and Deputy Mayor Shaffer had nothing to report. Mayor Gaspar reported on an Encina Wastewater Authority Capital Improvement meeting. 15. CITY MANAGER REPORTS / PENDING FUTURE AGENDA ITEMS City Manager Brust announced that the IT Department had been awarded the MISAC s highest level award, the 2016 Excellence in Information Technology Practices and the 2016 Quality Graphical Informational Award. 16. CITY ATTORNEY REPORTS No reports were given. 10/19/16 Reg. Mtg. Page 6 Mtg. #2016-, Bk#31, Page Item 8A 6 of 7

7 17. ADJOURNMENT Mayor Gaspar adjourned the meeting at 8:50 P.M. Kathy Hollywood, City Clerk By: Claudia Bingham Deputy City Clerk Kristin Gaspar, Mayor 10/19/16 Reg. Mtg. Page 7 Mtg. #2016-, Bk#31, Page Item 8A 7 of 7