MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING DECEMBER 18, 2013, 6:00 P.M., 505 SOUTH VULCAN AVENUE 1. CALL TO ORDER Mayor Barth called the meeting to order at 6:00 P.M. City Clerk Hollywood announced that Council Member Gaspar would be participating via teleconference from 4100 Lake Tahoe Boulevard, South Lake Tahoe, CA 96150. 2. ROLL CALL Present: Absent: Mayor Teresa Arballo Barth, Deputy Mayor Mark Muir, Council Members Kristin Gaspar (via teleconference), Tony Kranz and Lisa Shaffer. None. Also present: City Manager Vina, City Attorney Sabine, Associate Planner Mierau, Principal Planner Sapa u, Planning and Building Director Murphy, Senior Engineer Deane, Management Analyst McSeveney, Engineering and Public Works Director Pruim, 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 regarding Encinitas Community Park Storm Water Complaint Status Engineering and Public Works Director Pruim presented the report. Donna Westbrook spoke regarding contaminated soil at the park site. 4B. Encinitas Hospitality Association Progress Report Bob Ortley, representing the Encinitas Hospitality Association, presented the report. 12/18/13 Reg. Mtg. Page 1 Mtg. #2013-, Bk#27, Page 1 01/15/2014 Item #8A Page 1
John DeWald, Rozanne Bazinet, John Briggs, Martin Schecter, Shirley Finch, Kathleen Lees, Judi Strang and Kathy Lippitt spoke in support of a deemed approved ordinance. Bev Goodman and Marco Gonzalez stated that they were not in support of a deemed approved ordinance. Karen Roslie, Roberta Frank, Monika Sherin, Rod McPherson, Rita Detmeiler, Anne Bromley, Joie Reavis, Joan Williamson and Eric Leitstein were in support of a deemed approved ordinance but chose not to speak. 5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF George Hejduk spoke regarding red light cameras. Kathleen Lindemann spoke regarding traffic problems with the new Starbucks at Leucadia Blvd and I-5 Freeway. Dean Turney spoke regarding the Mayor s Year in Review speech. 6. REPORT FROM CLOSED SESSION No Closed Session meeting was held. 7. CHANGES TO THE AGENDA City Clerk Hollywood announced that Agenda Item #11A was removed from the agenda by staff and would be heard at a later date and Agenda Item #8E was removed by the public. 8. CONSENT CALENDAR Council Member Shaffer requested the following change be made to the December 4, 2013 Special Meeting minutes (Page 2) to correct a misspelling. 1. Revise the Encinitas Neighborhood Traffic Management Plan (ENTMP) process to have projects completed compete for funding during the budget process. Muir moved, Shaffer seconded to close and adopt the amended Consent Calendar including the requested change to the 12/4/13 Special Meeting minutes. Motion carried. Ayes: Barth, Gaspar (via teleconference), Kranz, Muir, Shaffer. Nays: None. 8A. Approval of the Minutes of the 12/04/13 Special Meeting. Contact Person: City Clerk Hollywood 12/18/13 Reg. Mtg. Page 2 Mtg. #2013-, Bk#27, Page 01/15/2014 Item #8A Page 2
Recommended Action: Approve the Minutes. 8B. Approval of the Warrants List. Contact Person: Finance Manager Lundgren Recommended Action: Approve the Warrants List. 8C. Adopting of Resolution 2013-50 to enter into agreements with American Medical Response Ambulance Service, Inc. to lease space at Fire Stations 2 and 5. Contact Person: Interim Fire Chief Daigle Recommended Action: Adopt Resolution 2013-50 authorizing the City Manager to enter into agreements with American Medical Response Ambulance Service, Inc. to lease space at Fire Stations 2 and 5, subject to successful negotiations with AMR and final review and approval of the agreements by legal counsel. 8D. YMCA of San Diego County lease agreement renewal and amendment. Contact Person: Parks and Recreation Director Rudloff Recommended Action: Approve Amendment #2 of the Lease Agreement between the City of Encinitas and YMCA of San Diego County and authorize the City Manager to execute the agreement. 9. ITEMS REMOVED FROM THE CONSENT CALENDAR 8E. Authorization for the Director of Engineering Services and Public Works to enter into agreement with Tetra Tech to prepare the Cottonwood Creek Watershed Low Impact Development (LID) Retrofit Plan (CS14D). Contact Person: Associate Civil Engineer Villa. Recommended Action: Authorize the Director of Engineering and Public Works to enter into agreement with Tetra Tech to prepare the Cottonwood Creek Watershed LID Retrofit Plan for an amount not to exceed $240,850. Senior Engineer Deane presented the staff report. Sheila Cameron spoke regarding the selection of the contractor. Shaffer moved, Kranz seconded to authorize the Director of Engineering and Public Works to enter into an agreement with Tetra Tech to prepare the Cottonwood Creek Watershed LID Retrofit Plan for an amount not to exceed $240,850. Motion carried. Ayes: Barth, Gaspar (via teleconference), Kranz, Muir, Shaffer. Nays: None. 12/18/13 Reg. Mtg. Page 3 Mtg. #2013-, Bk#27, Page 01/15/2014 Item #8A Page 3
10. ACTION ITEMS 10A. Request by Lennar to approve a fee payment in-lieu of constructing two affordable inclusionary single-family residences (Case No. 11-189 TMDB/DR/EIA/CDP 28 residential lots) located at 680 Normandy Road. This item was continued by the Council at their November 20, 2013 hearing in order for staff to return with additional fee calculation options. Contact Person: Associate Planner Mierau Recommended Action: Consider the fee options discussed in this Agenda Report and presentation and direct staff accordingly. Associate Planner Mierau presented the staff report. Geoff Smith and James Schmid spoke in support of the in-lieu fee payment calculation. Sheila Cameron and Kathleen Lees spoke regarding their concerns with in-lieu fee payment calculation. Shaffer moved, Kranz seconded to approve an in-lieu fee of $319,000 per unit based on condo comps comparable from 2012 as presented in the agenda report for Case No. 11-189 TNDB/DR/EIA/CDP. Motion carried. Ayes: Barth, Kranz, Muir, Shaffer. Nays: Gaspar (via teleconference). Mayor Barth declared a recess from 8:18 P.M. to 8:30 P.M. 10B. Appointment of Council Members to City and Regional Committees and Boards. Contact Person: Senior Management Analyst McSeveney Recommended Action: Present and discuss the Mayor s recommended appointments to City and Regional committees and boards for calendar year 2014 and approve final appointments. Management Analyst McSeveney presented the staff report. Muir moved, Kranz seconded to approve the Mayor s appointments to City and Regional Committees and Boards for calendar year 2014 (list attached). Motion carried. Ayes: Barth, Gaspar (via teleconference), Kranz, Muir, Shaffer. Nays: None. 12/18/13 Reg. Mtg. Page 4 Mtg. #2013-, Bk#27, Page 01/15/2014 Item #8A Page 4
2014 REGIONAL COUNCIL COMMITTEE APPOINTMENTS COMMITTEE San Dieguito Water District (SDWD) Encina Wastewater Authority San Elijo JPA CURRENT REPRESENTATIVE POSITION SCHEDULE MUIR Board President 4th Wednesday KRANZ Vice President 6:00 P.M. GASPAR 4th Wednesday MUIR 8:00 A.M. 2nd Monday MUIR 9:00 A.M. San Diego County Water Authority MUIR 2nd Thursday @ 1:30 P.M. 4th Thursday @ 9:00 A.M. ACWA/JPIA Director 2x/yr; 3 days ea Spring & Fall SCHWARM Conference Santa Fe Irrigation District (SFID)/SDWD R.E. Badger Water Facilities Finance Authority MUIR Representativ e 1x Year in December SFID/SDWD Joint Facilities Advisory Committee MUIR Quarterly @ 8:30 A.M. on 3rd Tuesday starting in Jan Regional Solid Waste Association CSA-17 North County Dispatch JPA North County Transit District MUIR Quarterly 1st Thursday @ 9:00 A.M. (Jan, Apr, Jul, Oct) MUIR Quarterly 1st Tuesday @ 4:00 KRANZ P.M. MUIR Last Thursday Quarterly @ 5:00 KRANZ P.M. KRANZ BOD - 3rd Thurs. 2 P.M. BOD Workshops- 1st Thur. 8:00 A.M. 12/18/13 Reg. Mtg. Page 5 Mtg. #2013-, Bk#27, Page 01/15/2014 Item #8A Page 5
*League of CA Cities - Region 10 Executive Committee SHAFFER 2nd Monday @ 11:30 A.M. *League of CA Cities - San Diego Division's Legislative Committee SHAFFER 2nd Monday @ 10:30 A.M. League of CA Cities - Coastal Cities Issues Group Voting Member Varies SHAFFER SANDAG Board of Directors SANDAG Shoreline Preservation Working Group SHAFFER 2nd & 4th Friday 10:00 & 9:00 to Noon KRANZ 2nd 1st Thursday @ Advisory 11:30 A.M. KRANZ Bi-monthly 2014 INTERNAL COUNCIL COMMITTEE APPOINTMENTS COMMITTEE CURRENT REPRESENTATIVE POSITION SCHEDULE *Housing Authority of the City Chairperson 4th Wednesday of Encinitas SHAFFER Vice-Chair 6:00 P.M. * Encinitas Financing Authority Chairperson Quarterly Cultural Tourism Committee SHAFFER KRANZ Vice-Chair 1st Thursday @ 9:00 A.M. School District Liaison Committee GASPAR 4th Monday of every other SHAFFER Month @ 4:00 P.M. * Indicates these appointments are typically held by the Mayor and Deputy Mayor 12/18/13 Reg. Mtg. Page 6 Mtg. #2013-, Bk#27, Page 01/15/2014 Item #8A Page 6
10C. Consideration and adoption of City of Encinitas Legislative Program for 2014. Contact Person: Senior Management Analyst McSeveney Recommended Action: Review the City of Encinitas Legislative Program, provide staff with direction for any modifications, and adopt the 2014 Legislative Program. Management Analyst McSeveney presented the staff report. Shaffer moved, Muir seconded to adopt the 2014 Legislative Program and to add housing bills as a sub-heading under the priority area Protect funding for vital community services. Motion carried. Ayes: Barth, Gaspar (via teleconference), Kranz, Muir, Shaffer. Nays: None. Muir moved, Kranz seconded to direct Mayor Barth to work with the City Manager and Lobbyist on legislative strategies to address Density Bonus with report back to Council; direction to SANDAG and LOCC representatives to request local support for legislation to address Density Bonus with report back to City Council. Motion carried. Ayes: Barth, Gaspar (via teleconference), Kranz, Muir, Shaffer. Nays: None. 11. INFORMATIONAL ITEMS 11A. Presentation of the City s Comprehensive Annual Financial Report (CAFR) and the City s Single Audit of Federal Grants for the fiscal year ended June 30, 2013. Contact Person: Finance Director Nash Recommended Action: Informational report; no action is required of the Council. Item #11A was removed from the agenda by staff and would be heard at a later date. 12. COUNCIL MEMBER INITIATED AGENDA ITEM 12A. Request to support Sierra Club s proposal to the California Public Utilities Commission regarding the San Onofre Nuclear Generating Station Mayor Barth requested Council consider sending a letter of support as requested by for the Sierra Club to the California Public Utilities Commission regarding the San Onofre Nuclear Generating Station. 12/18/13 Reg. Mtg. Page 7 Mtg. #2013-, Bk#27, Page 01/15/2014 Item #8A Page 7
Dwain Deets, Pete Hasapopoulos, Lane Sharman, David Grubb, Judy Berlfein and Dadla Ponizil spoke in support of sending the letter. Steve Cameron was in support of the letter but chose not to speak. Muir moved, Shaffer seconded to send a letter supporting the Sierra Club s proposal to the California Public Utilities Commission regarding the San Onofre Nuclear Generating Station. Motion carried. Ayes: Barth, Gaspar (via teleconference), Kranz, Muir, Shaffer. Nays: None. 13. FUTURE AGENDA ITEMS ADDED BY COUNCIL MEMBERS Shaffer requested a report from the Sheriff s Department regarding responsible beverage service requirements. Council Member Muir concurred. 14. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d) / POSSIBLE DIRECTION TO STAFF Council Member Shaffer stated that she had attended the SANDAG Transportation Committee meeting, the Mira Costa College groundbreaking for their new science building and had attended the Planning Department s deemed approved ordinance workshop. Council Member Kranz stated that NCTD would be working on the rail line replacing aging railroad ties in January. Deputy Mayor Muir stated that he had nothing to report. Mayor Barth thanked staff for coordinating the City s blood drives. Council Member Gaspar stated that she had attended an Encina Capital Improvements meeting and an Encina Board of Director s meeting. 15. CITY MANAGER REPORTS / PENDING FUTURE AGENDA ITEMS 16. CITY ATTORNEY REPORTS City Attorney Sabine stated that he would report to Council on the FPPC s most current regulations regarding travel. 12/18/13 Reg. Mtg. Page 8 Mtg. #2013-, Bk#27, Page 01/15/2014 Item #8A Page 8
17. ADJOURNMENT Mayor Barth adjourned the meeting at 9:13 P.M. Kathy Hollywood, City Clerk By: Claudia Bingham Deputy City Clerk Teresa Arballo Barth, Mayor 12/18/13 Reg. Mtg. Page 9 Mtg. #2013-, Bk#27, Page 01/15/2014 Item #8A Page 9