MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING FEBRUARY 19, 2014, 6:00 P.M., 505 SOUTH VULCAN AVENUE 1. CALL TO ORDER Mayor Barth called the meeting to order at 6:05 p.m. 2. ROLL CALL Present: Absent: Mayor Teresa Arballo Barth, Deputy Mayor Mark Muir, Council Members Kristin Gaspar, Tony Kranz and Lisa Shaffer. None. Also Present: City Manager Vina, City Attorney Sabine, Deputy City Clerk Bingham, Records Coordinator Kaufmann, Parks and Recreation Director Rudloff, Management Analyst Jimenez, Public Works and Engineering Director Pruim, Planning and Building Director Murphy, Code Enforcement Manager Kling, Human Resources Manager Barrett, Arts Administrator Gilliam, Associate Planner Strong, IT Manager Tuffs, Finance Director Nash, Fire Chief Daigle, and Deputy Fire Chief Stein. There being a quorum present, the meeting was in order. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS AND PROCLAMATIONS 4A. Proclamation for Mira Costa College s 80 th Anniversary to be accepted by Dr. Rodriguez and Cheryl Broom, Public Information Office Mayor Barth presented a proclamation to Dr. Rodriguez and Cheryl Bloom. 5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF Lynn Marr spoke regarding the Pacific View property. John Murk spoke regarding quiet zones and wayside train horns in Cardiff. Francine Filsinger spoke regarding the Encinitas Student Film Festival. Greg Leferve spoke regarding the Encinitas Film Festival and the AV system at the Encinitas Community Center. 02/19/14 Reg. Mtg. Page 1 1 03/12/2014 Item #08A Page 1
COUNCIL CONSENSUS: There was Staff direction to assess the AV system at the Encinitas Community Center and report back to Council with findings. 6. REPORT FROM CLOSED SESSION No Closed Session meeting was held. 7. CHANGES TO THE AGENDA There were no changes to the posted agenda. 8. CONSENT CALENDAR Item 8E was removed by Deputy Mayor Muir. Item 8G was removed by the public. Muir moved, Gaspar seconded to close and adopt the amended Consent Calendar. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. 8A. Approval of the Minutes of the 1/22/14 Regular Meeting and the 1/22/14 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 List. 8C. Agreement for annual traffic signal maintenance and repair services. Contact Person: Public Works Superintendent Hosford Recommended Action: Authorize the City Manager to execute the second and final contract extension for the period April 1, 2014 to March 31, 2016, for traffic signal maintenance and repair services. 8D. Acceptance of K Street & Hwy 101 Public Improvements, Project CS13B. Contact Person: Deputy City Engineer Shields Recommended Action: 1) Accept the public improvements; 2) Authorize the filing of a Notice of Completion (Attachment 1); and 3) Authorize an allocation of $7,006 from the Encinitas Landscape and Light District to 02/19/14 Reg. Mtg. Page 2 2 03/12/2014 Item #08A Page 2
increase the Encinitas Landscape and Lighting Budget for the maintenance of the public improvements. 8F. Approve amendment to the Regional Transportation Improvement Program and authorize the transfer of funds between Transnet projects. Contact Person: Senior Engineer Deane Recommended Action: 1) Adopt City Council Resolution No. 2014-09, approving an amendment to the Regional Transportation Improvement Program, and 2) Adopt City Council Resolution No. 2014-14, authorizing the transfer of funds between Transnet projects. 9. ITEMS REMOVED FROM THE CONSENT CALENDAR 8E. Purchase of a 2014 Pierce Type III (Brush) Engine to replace 1998 Brush Engine VM123. Contact Person: Deputy Fire Chief Stein Recommended Action: 1) Approve the purchase of a 2014 Pierce Type III (Brush) Engine (the Unit ); 2) Authorize the Finance Department to issue a purchase order to pre-pay the vendor in the amount of $347,157.57, saving the City $13,902.84 on the purchase; 3) Authorize an appropriation from the City s General Fund of $375,000, to be included in the FY 2014/15 Operating Budget; 4) Authorize the Finance Department to seek municipal lease financing for the Unit, upon the completion and acceptance of the Unit by the Fire Department; and 5) Adopt City Council Resolution No. 2014-15, a Resolution of the City of Encinitas declaring its intent to issue tax-exempt bonds to be used to reimburse the City for expenditures prior to the issuance of such bonds. Deputy Mayor Muir had questions regarding the purchase of the Engine. Muir moved, Gaspar seconded to 1) Approve the purchase of a 2014 Pierce Type III (Brush) Engine (the Unit ); 2) Authorize the Finance Department to issue a purchase order to pre-pay the vendor in the amount of $347,157.57, saving the City $13,902.84 on the purchase; 3) Authorize an appropriation from the City s General Fund of $375,000, to be included in the FY 2014/15 Operating Budget; 4) Authorize the Finance Department to seek municipal lease financing for the Unit, upon the completion and acceptance of the Unit by the Fire Department; and 5) Adopt City Council Resolution No. 2014-15, a Resolution of the City of Encinitas declaring its intent to issue tax-exempt bonds to be used to reimburse the City for expenditures prior to the issuance of such bonds. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. 02/19/14 Reg. Mtg. Page 3 3 03/12/2014 Item #08A Page 3
8G. Mid-Year Review of Fiscal Year 2013-14 Operating and CIP Budget and adoption of Resolution No. 2014-07; approving the Mid-Year Budget Report for FY2013-14 and adoption of Resolution No. 2014-08; approving the position titles and pay ranges for FY2013-14. Contact Person: Finance Manager Shoemaker Recommended Action: Adopt Resolution 2014-07, approving the Mid- Year Budget Report for FY2013-14 and Resolution 2014-08, approving the position titles and pay ranges for FY2013-14 Lynn Marr spoke in opposition to several Staff position changes. Council Member Shaffer asked for the FTE Code Enforcement portion of the report to be presented. Gaspar moved, Muir seconded to not approve the requested FTE Code Enforcement Officer position at this time and bring the issue back in May 2014 as part of the budget. Motion carried. Ayes: Gaspar, Kranz, Muir. Nays: Barth, Shaffer. Shaffer moved, Barth seconded to adopt Resolution 2014-07, approving the Mid-Year Budget Report for FY2013-14 and Resolution 2014-08, approving the position titles and pay ranges for FY2013-14, excluding the FTE Code Enforcement Officer request. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. 10. ACTION ITEMS 10A. Council to meet with applicants for Commission for the Arts, Environmental Commission, Parks and Recreation Commission, Planning Commission, Senior Citizens Commission, and Traffic and Public Safety Commission Contact Person: City Clerk Hollywood Recommended Action: Hear each applicant briefly explain his/her qualifications and interest in serving on a City Commission. The following applicants were heard for various positions on the Commissions: ARTS COMMISSION 4 APPOINTMENTS TO BE MADE Francine Filsinger, Elizabeth (Betsy) Gilpin, Deanne Sabeck, Nicholas Scheiwe, Collette Murphy Stefanko, Naimeh Tanha 02/19/14 Reg. Mtg. Page 4 4 03/12/2014 Item #08A Page 4
ENVIRONMENTAL COMMISSION 4 APPOINTMENTS TO BE MADE Maryam Babaki, Stephan Kempiak, Joy Lyndes, Deborah Orrill, Robert Jud Warren. Michael Murray was unable to attend the meeting. PARKS AND RECREATION COMMISSION 4 APPOINTMENTS TO BE MADE Doug Long Michael Murray was unable to attend the meeting and Michael Russo withdrew his application. PLANNING COMMISSION LEUCADIA 1 APPOINTMENT TO BE MADE Michael Glenn O Grady and Ann Stevenson Michael Murray was unable to attend the meeting and Alex Mrazek withdrew his application. PLANNING COMMISSION NEW ENCINITAS 1 APPOINTMENT TO BE MADE Maryam Babaki and Bryan Burke Ruben Dario Flores was unable to attend the meeting. PLANNING COMMISSION OLIVENHAIN 1 APPOINTMENT TO BE MADE Anthony Brandenburg James Lee was unable to attend the meeting and David Perryman withdrew his application. SENIOR CITIZEN COMMISSION 4 APPOINTMENTS TO BE MADE Deborrah Henry, Linda Melikian, and Gregory Simon 02/19/14 Reg. Mtg. Page 5 5 03/12/2014 Item #08A Page 5
TRAFFIC AND PUBLIC SAFETY COMMISSION AT-LARGE 2 APPOINTMENTS TO BE MADE Al Rodbell Dave Hutchinson was unable to attend the meeting. TRAFFIC AND PUBLIC SAFETY COMMISSION LEUCADIA 1 APPOINTMENT TO BE MADE James Lindsay and Michael Murray were unable to attend the meeting. TRAFFIC AND PUBLIC SAFETY COMMISSION NEW ENCINITAS 1 APPOINTMENT TO BE MADE Maryam Babaki and Al Rodbell TRAFFIC AND PUBLIC SAFETY COMMISSION OLD ENCINITAS 1 APPOINTMENT TO BE MADE Arnold Lewin Deputy City Clerk Bingham stated that appointments would be made at the February 26, 2014 Council Meeting. Mayor Barth called a recess from 8:07 p.m. to 8:17 p.m. 10B. A report describing the City s current discretionary permit appeal filing requirements, State Law preemptions and an overview of the appeal requirements applied in other neighboring jurisdictions. Contact Person: Associate Planner Strong Recommended Action: Receive report and provide direction to staff as appropriate. For the reasons discussed in the Analysis Section, staff recommends no change to the City s current appeal filing deadline. Associate Planner Strong presented the Staff Report. Lynn Marr spoke in opposition to the current appeal filing policy. Shaffer moved, Kranz seconded to make no changes to the City s current appeal filing deadline. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. 02/19/14 Reg. Mtg. Page 6 6 03/12/2014 Item #08A Page 6
10C. Overview of the health risks and regulations currently in place that address e-cigarettes. Contact person: Associate Planner Mike Strong Recommended Action: Review and consider the information in the Agenda Report and provide direction as appropriate. Associate Planner Strong presented the Staff Report. Nancy Logan, Barbara Gordon, Peggy Walker, Janet Asaro, Nancy Perry- Sheridan, Judi Strang, Debra Kelley, and Joe Kellejian spoke in support of the prohibition of e-cigarettes in the City. Lynn Marr, Lorenzo Higley, Gabe Wortman spoke. Kranz moved, Barth seconded to bring back a No Smoking Ordinance to include a ban on e-cigarettes. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. 10D. City of Encinitas and Mizel Family Foundation Community Grant Program Overview. Contact Person: Arts Administrator Gilliam Recommended Action: Receive the FY2013/14 Annual Report, review the evaluation process, and approve the following recommended changes: 1) provide previous grantee evaluation forms to the evaluation panel to assist in their assessment of grant applications. Arts Administrator Gilliam and Arts Chair Jacobson presented an overview on the Mizel Family Foundation Community Grant Program. Lynn Marr stated that non-profits including the 101 Main Street Association should be included in the community grant program. Shaffer moved, Muir seconded to receive the FY 2013/14 Annual Report and to provide the previous grantee evaluation forms to the evaluation panel to assist in their assessment of grant applications. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. 11. INFORMATIONAL ITEMS 11A. Review of the Interstate 5 Widening Project status update. Contact Person: Associate Planner Strong (standing agenda item per Council direction) 02/19/14 Reg. Mtg. Page 7 7 03/12/2014 Item #08A Page 7
Recommended Action: Receive report and provide direction to staff as appropriate. Associate Planner Strong and Gabe Burr, representing the Coastal Commission, presented the update. Kranz moved, Shaffer seconded to extend the City Council meeting to 10:30 P.M. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. There was Council Consensus to receive the report. 12. COUNCIL MEMBER INITIATED AGENDA ITEM There were no Council Member Initiated Items. 13. FUTURE AGENDA ITEMS ADDED BY COUNCIL MEMBERS STAFF DIRECTION: Deputy Mayor Muir requested Staff perform an exit survey on non-returning Commissioners. Barth concurred. Council Member Kranz requested a report regarding additional restrictions, legal smoking areas and buffer zones not tied to e-cigarettes. Barth concurred. Mayor Barth requested a report regarding the permit for the 10-20 Run scheduled for 2015 and requested a report on any impacts regarding the prior year s race. Shaffer concurred. 14. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d) / POSSIBLE DIRECTION TO STAFF Council Member Shaffer had nothing to report. Council Member Kranz reported that he attended an NCTD meeting. Council Member Gaspar attended an Encina Wastewater Authority Capital Improvement Committee meeting and 2015 Study Session. Deputy Mayor Muir attended the Santa Fe Irrigation/San Dieguito Water District Joint Facilities Advisory Committee and a Special County Water Authority Meeting. Mayor Barth attended the Santa Fe Irrigation/San Dieguito Water District Joint Facilities Advisory Committee Meeting and the Arts Alive Exhibit. 02/19/14 Reg. Mtg. Page 8 8 03/12/2014 Item #08A Page 8
15. CITY MANAGER REPORTS / PENDING FUTURE AGENDA ITEMS No reports were given. 16. CITY ATTORNEY REPORTS No reports were given. 17. ADJOURNMENT Mayor Barth adjourned the meeting at 10:15 p.m. Claudia Bingham, Deputy City Clerk By: Stephanie Kaufmann Records Coordinator Teresa Arballo Barth, Mayor 02/19/14 Reg. Mtg. Page 9 9 03/12/2014 Item #08A Page 9