MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING MARCH 8, 2017, 6:00 P.M., 505 SOUTH VULCAN AVENUE 1. CALL TO ORDER Mayor Blakespear called the meeting to order at 6:01 P.M. 2. ROLL CALL Present: Absent: Mayor Catherine S. Blakespear, Deputy Mayor Tony Kranz, Council Members Tasha Boerner Horvath, Joe Mosca and Mark Muir None Also present: City Manager Brust, City Attorney Sabine, Senior Management Analyst McSeveney, Finance Director Nash, Finance Manager Gallup, Assistant City Manager Delin, Interim Public Works Director Malone, Parks and Recreation Director Campbell, Senior Planner Kusiak, Deputy City Engineer Deane, 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. Community Resource Center mid-year presentation on the Opening Doors Program Greg Angel, representing Interfaith Community Services, presented an update on the Opening Doors Program. 4B. Acknowledge recipients of 2016 Employee Service Awards, 2016 Employees of the Quarter and 2016 Employee of the Year Mayor Blakespear acknowledged 2016 Employees of the Quarter Mason Lord, Angela Simon, Dan Foley and John Noonan (Employee of the Year) and recognized 30 year employees Jon Peterson, Joe Aurora and Anita Pupping. 5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF Harold Standerfer spoke regarding Community Choice Energy. 03/08/17 Reg. Mtg. Page 1 Mtg. #2017- Bk#32, Page 1 2017-03-22 Item 8A 1 of 9
Damien Johnson spoke regarding marijuana cultivation in the City. Jerry Barber and Kelley Bruemmer spoke regarding train noise and quiet zones. Chris Swanner spoke regarding the Coastal Rail Trail. Leah Bissonette spoke regarding the Beacon s Beach Access Reconstruction Project and requested that Council re-agendize this as soon as possible. City Manager Brust stated that the City had received a letter, prior to the meeting, from the Coastal Commission regarding the Beacon s Beach project and staff needed additional time to review. Tom Cozens spoke regarding civility at public meetings. Delores Welty spoke regarding trenching of the train tracks. 6. REPORT FROM CLOSED SESSION No Closed Session meeting was held. 7. CHANGES TO THE AGENDA City Clerk Hollywood announced that Agenda Items #10B and #10D had been removed from the agenda by Staff. 8. CONSENT CALENDAR Council Member Mosca requested Agenda Item #8G be removed from the Consent Calendar and announced that he would abstain from voting on Agenda Item #8B due to his employment with SDG&E. City Clerk Hollywood stated that Agenda Item #8D was removed from the Consent Calendar by a member of the public. Muir moved, Kranz seconded to close and adopt the amended Consent Calendar. Motion carried. Ayes: Blakespear, Boerner Horvath, Kranz, Mosca, Muir. Nays: None. Abstain: Mosca (Agenda Item 8B - Warrants). 8A. Approval of the Minutes of the February 1, 2017 Special Meeting, February 6, 2017 Special Meeting, February 15, 2017 Regular Meeting and the February 15, 2017 Special Closed Session Meeting. Contact Person: City Clerk Hollywood Recommended Action: Approve the Minutes. 03/08/17 Reg. Mtg. Page 2 Mtg. #2017- Bk#32, Page 2017-03-22 Item 8A 2 of 9
8B. Approval of the Warrants List. Contact Person: Finance Manager Lundgren Recommended Action: Approve the Warrants. Motion carried. Ayes: Blakespear, Boerner Horvath, Kranz, Mosca, Muir. Nays: None. Abstain: Mosca. 8C. The preparation and filing of the Encinitas Landscape and Lighting District Annual Report. Contact Person: Senior Management Analyst Ruess Recommended Action: Adopt City Council Resolution 2017-15 entitled, Resolution of the City Council of the City of Encinitas Directing the Preparation and Filing of the Encinitas Landscape and Lighting District Annual Report for the Purposes of Levying and Collecting Assessments for Fiscal Year 2017-18. 8E. As-Needed Civil Engineering Contract with STC Traffic Inc. Contact Person: Deputy Director of Engineering Deane Recommended Action: Authorize the Public Works Director, or his designee, in consultation with the City Attorney, to execute a contract, and any necessary amendments, task orders and time extensions, with STC Traffic, Inc., in an amount not to exceed $150,000 for As-Needed Civil Engineering Services. 8F. As-Needed Project Management Contract with Hoch Consulting. Contact Person: Deputy Director of Engineering Deane Recommended Action: Authorize the Public Works Director, or his designee, in consultation with the City Attorney, to execute a contract, and any necessary amendments, task orders and time extensions, with Hoch Consulting (Consultant), in an amount not to exceed $150,000 for As- Needed Civil Engineering Services. 9. ITEMS REMOVED FROM THE CONSENT CALENDAR 8D. Legislative Position Letters. Contact Person: Senior Management Analyst McSeveney Recommended Action: Approve the legislative position letters for the Mayor s signature. No staff report was given. 03/08/17 Reg. Mtg. Page 3 Mtg. #2017- Bk#32, Page 2017-03-22 Item 8A 3 of 9
SPEAKER: Sheila Cameron Muir moved, Boerner Horvath seconded to approve the legislative position letter for the Mayor s signature. Motion carried. Ayes: Blakespear, Boerner Horvath, Kranz, Mosca, Muir. Nays: None. 8G. Fiscal Year 2016-17 Mid-Year Budget Status Report and Proposed Budget Amendments. Contact Person: Finance Manager Gallup 10. ACTION ITEMS Recommended Action: Staff recommends that City Council take the following actions: 1) Receive and file the Fiscal Year 2016-17 Mid-Year Budget Status Report; and 2) Adopt Resolution 2017-18 titled A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2016-17 Budget. Council Member Mosca removed this item from the Consent Calendar for questions and clarification. Finance Manager Gallup presented the staff report and responded to questions. Mosca moved, Kranz seconded to: 1) Receive and file the Fiscal Year 2016-17 Mid-Year Budget Status Report; and 2) Adopt Resolution 2017-18 titled A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2016-17 Budget. Motion carried. Ayes: Blakespear, Boerner Horvath, Kranz, Mosca, Muir. Nays: None. 10A. Appointments to the Commission for the Arts, Environmental Commission, Parks and Recreation Commission, Senior Citizen Commission and Traffic & Public Safety Commission. Contact Person: City Clerk Hollywood Recommended Action: The Mayor, with approval of the City Council, make appointments to the Commissions. Blakespear moved, Boerner Horvath seconded to appoint the following to the Commission for the Arts: Deanne Sabeck, Collette Stefanko, Francine Filsinger and Michael Schmitt. Motion carried. Ayes: Blakespear, Boerner Horvath, Kranz, Mosca, Muir. Nays: None. 03/08/17 Reg. Mtg. Page 4 Mtg. #2017- Bk#32, Page 2017-03-22 Item 8A 4 of 9
Blakespear moved, Mosca seconded to appoint the following to the Environmental Commission: Joy Lyndes and Neil Gerber. Motion carried. Ayes: Blakespear, Boerner Horvath, Kranz, Mosca, Muir. Nays: None. Blakespear moved, Mosca seconded to appoint the following to the Parks and Recreation Commission: Marge Kohl, Doug Long, Marla Elliott and Lisa Nava. Motion carried. Ayes: Blakespear, Boerner Horvath, Kranz, Mosca, Muir. Nays: None. Blakespear moved, Muir seconded to appoint the following to the Senior Citizen Commission: Stacie Davis, Suzann Lennox, Alan Lerchbacker and Kris Powell. Motion carried. Ayes: Blakespear, Boerner Horvath, Kranz, Mosca, Muir. Nays: None. Blakespear moved, Boerner Horvath seconded to appoint the following to the Traffic and Public Safety Commission: Darius Degher, representing Leucadia Area; Maryam Babaki, representing New Encinitas area; and Arnold Lewin, representing Old Encinitas area. Motion carried. Ayes: Blakespear, Boerner Horvath, Kranz, Mosca, Muir. Nays: None. 10B. Public Hearing to consider an appeal of right-of-way dedication requirement for 812 Devonshire Drive. Building Application No. 16-2434; Construction of 1491 square feet of addition. Applicant and Appellant: Robert and Cassandra Mougin. Contact Person: Senior Engineer Maher Recommended Action: Deny the appeal and direct staff to require 6 of right-of-way dedication for the proposed 1,491 square feet (SF) of building addition pursuant to Municipal Code Section 23.36.050.B.1.a. This item was removed from the agenda by Staff. 10C. Introduction of Municipal Tree Ordinance 2017-02 and Policy C027. Contact Person: Assistant City Manager Delin Recommended Action: Introduce the revised Municipal Tree Ordinance titled An Ordinance of the City of Encinitas, California, Amending Chapter 15.02 of the Encinitas Municipal Code Municipal Tree Ordinance; and adopt the revised Urban Forest Management Program Policy C027. 03/08/17 Reg. Mtg. Page 5 Mtg. #2017- Bk#32, Page 2017-03-22 Item 8A 5 of 9
Assistant City Manager Delin presented the staff report. SPEAKERS: George Hejduk, Robert Barelmann, Tom Cozens, Chuck Stos and Keith Harrison spoke in opposition to the Ordinance. Bruce Ritchings, Sheila Cameron and Kathleen Lees spoke in support of the Ordinance. COUNCIL CONSENSUS: There was Council Consensus to direct staff to bring back the ordinance for first reading with Council suggested edits. Mayor Blakespear called a recess from 8:30 P.M. to 8:38 P.M. 10D. Beacon s Beach Access Reconstruction Project update and award of Professional Services Contract, and amendment to the FY 2016/17 Budget (CP14B). Contact Person: Deputy Director of Engineering Deane Recommended Action: 1) Receive Report Detailing the Current Project Status and Alternative Selection Process; 2) Authorize the Public Works Director, in consultation with the City Attorney, to execute a contract, any necessary amendments, and time extensions with AECOM in the amount of $746,138 plus contingencies to design, and obtain required permits for Alternative 4B-Beacon s Beach Access Reconstruction Project (CP14B), for a total contract amount not to exceed $820,752; and 3) Adopt City Council Resolution 2017-06 entitled, A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2016-17 Adopted Budget authorizing an additional appropriation of $42,691. This item was removed from the agenda by staff. 11. INFORMATIONAL ITEMS 11A. Housing Element Update Status Report. Contact Person: Council Subcommittee Members Blakespear and Kranz Recommended Action: Receive an oral report from the Council Subcommittee. Mayor Blakespear presented a brief update on the Housing Element Subcommittee meetings. COUNCIL CONSENSUS: There was Council Consensus to receive the report. 03/08/17 Reg. Mtg. Page 6 Mtg. #2017- Bk#32, Page 2017-03-22 Item 8A 6 of 9
11B. Status of Legislative Relief for Accessory Dwelling Units. Contact Person: Senior Management Analyst McSeveney Recommended Action: That Council receives the briefing information. Senior Management Analyst McSeveney presented the staff report and introduced Jonathon Clay, representing JGC Government Relations. SPEAKERS: Bob Bonde and Sheila Cameron spoke in support of legalizing accessory dwelling units. COUNCIL CONSENSUS: There was Council Consensus to receive the report. 11C. City Manager Report pursuant to Encinitas Municipal Code Section 7.18.060 regarding an emergency slope repair along North Side of Manchester Avenue. The memorandum dated March 3, 2017 containing the City Manager s determination of the emergency is provided as part of this agenda item. No staff report was given. Muir moved, Kranz seconded to receive the report. Motion carried. Ayes: Blakespear, Boerner Horvath, Kranz, Mosca, Muir. Nays: None. 11D. City Manager Report pursuant to Encinitas Municipal Code Section 7.18.060 regarding emergency road repairs on Lone Jack Road and Fortuna Ranch Road. The memorandum dated March 3, 2017 containing the City Manager s determination of the emergency is provided as part of this agenda item. No staff report was given. Muir moved, Kranz seconded to receive the report. Motion carried. Ayes: Blakespear, Boerner Horvath, Kranz, Mosca, Muir. Nays: None. 12. COUNCIL MEMBER INITIATED AGENDA ITEM 12A. Council Initiated item from Council Member Tasha Boerner Horvath regarding an Economic Development Policy. 03/08/17 Reg. Mtg. Page 7 Mtg. #2017- Bk#32, Page 2017-03-22 Item 8A 7 of 9
Recommended Action: 1) City Council receives and discusses this report; and 2) Direct Council Member Tasha Boerner Horvath to develop a white paper with recommendations for a City of Encinitas economic development strategy and possible next steps. The white paper will provide a possible framework for more effective collaboration between the public and private sector in Encinitas, to the benefit of the overall community. This White Paper would be circulated to Council by April 14 for consideration and inclusion in the Council s strategic planning sessions. Council Member Boerner Horvath presented the Council Initiated Item and requested that Council consider a Council Subcommittee to report back to Council on findings. Blakespear moved, Mosca seconded to form an Economic Development Subcommittee consisting of Council Members Boerner Horvath and Mosca to form a proposed update on our Economic Development policies including subcommittee goals and objectives. Motion carried. Ayes: Blakespear, Boerner Horvath, Kranz, Mosca, Muir. Nays: None. 13. FUTURE AGENDA ITEMS ADDED BY COUNCIL MEMBERS No future agenda items were added. 14. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF Mayor Blakespear stated that she had attended the Housing Element Subcommittee meeting, the SANDAG Board of Directors meeting and a SANDAG Shoreline Preservation Committee meeting. Deputy Mayor Kranz stated that he had attended the NCTD Retreat and an Encina Wastewater Authority meeting. Council Member Muir stated that he had attended a North County Dispatch meeting. Council Member Boerner Horvath stated that she had attended a Cultural Tourism Committee meeting, the School District Liaison Committee meeting, the SANDAG Shoreline Preservation Committee tour of the lagoon, and the SANDAG Borders Committee meeting. Council Member Mosca stated that he had attended the Cultural Tourism Committee Meeting and the School District Liaison Committee meeting. 03/08/17 Reg. Mtg. Page 8 Mtg. #2017- Bk#32, Page 2017-03-22 Item 8A 8 of 9
15. CITY MANAGER REPORTS / PENDING FUTURE AGENDA ITEMS City Manager Brust announced that the City had launched the new website and thanked staff for their dedication and work on this project. 16. CITY ATTORNEY REPORTS No reports were given. 17. ADJOURNMENT Mayor Blakespear adjourned the meeting at 10:03 P.M. Kathy Hollywood, City Clerk By: Claudia Bingham Deputy City Clerk Catherine S. Blakespear, Mayor 03/08/17 Reg. Mtg. Page 9 Mtg. #2017- Bk#32, Page 2017-03-22 Item 8A 9 of 9