2006-12-13
MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
DECEMBER 13, 2006, 6:00 PM, 505 SOUTH VULCAN A VENUE
TELECONFERENCE WITH MA YOR JAMES BOND AT
3570 LAS VEGAS BLVD, LAS VEGAS, NV
CALL TO ORDER/ROLL CALL
Deputy Mayor Stocks called the meeting to order at 6:01 P.M.
Present:
Mayor James Bond (via teleconference), Council Members Teresa Barth, Dan
Dalager, Maggie Houlihan, and Jerome Stocks.
Absent:
None.
Also Present: City Manager Cotton, City Attorney Sabine, City Clerk Cervone, Director of
Finance Smith, Senior Planner Langager, Building and Planning Director Murphy,
and Deputy City Clerk Bingham.
There being a quorum present, the meeting was in order.
SPECIAL PRESENTATIONS/PROCLAMATIONS
Presentations to Retirees
Deputy Mayor Stocks presented proclamations to retiring City employees Kathy Greene, Steve
Walsh, and Hal Thyberg, thanking them for their many years of service. Bill Weedman and Barb
Cerny, who were also retiring, were unable to attend the meeting.
ORAL COMMUNICATIONS
Doug Harwood and Gary Murphy said kind words to retiring City employee Bill Weedman.
John Bandy spoke of his concerns regarding the handling of his plans by the Building
Department.
CHANGES TO THE AGENDA
Item #6 was removed from the Consent Calendar by a member of the public.
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CONSENT CALENDAR -- Items 1 through 6
The title of ordinances listed on this Agenda are deemed to have been read and further
reading waived.
Council Member Barth stated since she was not on Council for the 11/29/06 City Council
Meeting, she would abstain from Item # 1.
ACTION:
Dalager moved, Houlihan seconded to close and adopt the amended Consent Calendar.
Motion carried. Ayes: Barth, Bond (via teleconference), Dalager, Houlihan, Stocks. Nays:
None. Abstain: Barth approving the 11/29/06 Minutes.
1. Approval of Minutes. 11/29/06 Special Meetine; 11/29/06 Joint Special Meetine;
and 11/29/06 Special Meetine. Contact Person: City Clerk Cervone.
STAFF RECOMMENDATION: Approve Minutes.
2. Approval of 12/13/06 Warrants List. Contact Person: Finance Manaeer Hill.
STAFF RECOMMENDATION: Approve Warrants List.
3. Adoption of Ordinance 2006-08, proposed code amendments to Chapter 15.16,
Vacation of City Streets relative to Authorization to Approve Vacations. Contact
Person: Director of Eneineerine Services Cota-Robles.
STAFF RECOMMENDATION: Adopt Ordinance 2006-08.
4. Approval to Select HB&A Architects Inc. to provide professional desien services for
processine Maior Use Permit, Site Master Plan and Tenant Improvements for the
Encinitas Public Works Facility and Authorization to enter into an aereement in an
amount not to exceed $77,395.00. Contact Person: Interim Public Works Director
Graves.
STAFF RECOMMENDATION: Approve selection ofHB&A Architects Inc.
5. Adoption of Resolution 2006-50, A resolution to applv for $450,000 Cottonwood
Creek Source Trackine and UV Effectiveness Assessment erant fun dine from the
State Water Resource Control Board throueh the Clean Beaches Initiative Grant
Proeram. Contact Person: Clean Water Proeram Manaeer Weldon.
STAFF RECOMMENDATION: Adopt Resolution 2006-50.
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CONSENT CALENDAR ITEMS REMOVED BY THE PUBLIC
6. Award of Multi-Functional Device (MFD) Lease and Maintenance Contract to
DANKA Office Ima~dng Company. Contact Person: Finance Director Smith.
STAFF RECOMMENDATION: Award a five-year contract to DANKA
Office Imaging Company.
Russell Levan addressed the Council and stated that leasing new equipment would create a
substantial cost savings to the City and he encouraged using 100% recycled paper.
ACTION:
Dalager moved, Barth seconded to Award a Multi-Functional Device Five-Year Lease and
Maintenance Contract to DANKA Office Imaging Company. Motion carried. Ayes:
Barth, Bond (via teleconference), Dalager, Houlihan, Stocks. Nays: None.
REGULAR AGENDA - Items 7 and 8
7. Mavor to make recommendations for committee assignments. Contact Person:
STAFF RECOMMENDATION: Staff report will be available at the City
Council Meeting.
Deputy Mayor Stocks announced that due to the Fair Political Practices Commission opinion
which restricts legislators from voting for themselves to sit on stipend positions, the Council
Member being considered would have to recuse themselves from the vote.
Deputy Mayor Stocks stated that the committee assignments would be effective December 14,
2006 to December 2007.
2007 COUNCIL COMMITTEES APPOINTMENTS
POSITrON APPOINTEE
San Dieguito Water District Chair STOCKS
Vice-Chair HOULIHAN
SFID/SDWD Badger Committee Representative BARTH
Representative HOULIHAN
Ene. Housing Authority Chair HOULIHAN
Vice-Chair DALAGER
Encinitas Financing Authority President BOND
Vice-President STOCKS
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Cultural Tourism Representative DALAGER
Representative BARTH
School District Liaison Representative DALAGER
Representative BARTH
CSA 17 Representative HOULIHAN
Alternate STOCKS
Region 10 League of CA Cities Mayor BOND
Deputy Mayor STOCKS
Encina Wastewater Representative HOULIHAN
Representative DALAGER
San Elijo lPA Representative BARTH
Representative HOULIHAN
San Diego County Water Auth. Representative BOND
ACW A / lPIA Director BARTH
Alternate SCHWARM
Regional Solid Waste Authority Representative HOULIHAN
Alternate BARTH
North County Dispatch lPA Representative STOCKS
Alternate BARTH
North County Transit Representative STOCKS
Alternate BARTH
SANDAG Representative STOCKS
Alternate BARTH
The first vote pertained to Mayor Bond's appointments.
Council Member Bond was put on hold.
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ACTION:
Stocks moved, Houlihan seconded to appoint Mayor Bond to the following Committees:
President, Encinitas Financing Authority; Region 10 League of CA Cities; and
Representative, San Diego County Water Authority. Motion carried. Ayes: Barth,
Dalager, Houlihan, Stocks. Nays: None. Absent: Bond.
The following vote pertained to Council Member Stocks' appointments.
Council Member Stocks left the Council Chambers.
ACTION:
Dalager moved, Barth seconded to appoint Council Member Stocks to the following
Committees: Chair, San Dieguito Water District; Vice-President, Encinitas Financing
Authority; Alternate, CSA 17; Region 10 League of CA Cities; Representative, North
County Dispatch JP A; Representative, North County Transit; and Representative,
SANDAG. Motion carried. Ayes: Barth, Bond (via teleconference), Dalager, Houlihan.
Nays: None. Absent: Stocks.
The following vote pertained to Council Member Houlihan's appointments.
Council Member Houlihan left the Council Chambers.
ACTION:
Dalager moved, Barth seconded to appoint Council Member Houlihan to the following
Committees: Vice-Chair, San Dieguito Water District; Representative, SFID/SDWD
Badger Committee; Chair, Encinitas Housing Authority; Representative, CSA 17;
Representative, Encina Wastewater; Representative, San Elijo JP A; and Representative,
Regional Solid Waste Authority. Ayes: Barth, Bond (via teleconference), Dalager, Stocks.
Nays: None. Absent: Houlihan.
The following vote pertained to Council Member Oalager's appointments.
Council Member Dalager left the Council Chamber.
ACTION:
Stocks moved, Houlihan seconded to appoint Council Member Dalager to the following
Committees: Vice-Chair, Encinitas Housing Authority; Representative, Cultural Tourism;
Representative, School District Liaison; and Representative, Encina Wastewater. Motion
carried. Ayes: Barth, Bond (via teleconference), Houlihan, Stocks. Nays: None. Absent:
Dalager.
The following vote pertained to Council Member Barth's appointments.
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Council Member Barth left the Council Chamber.
ACTION:
Houlihan moved, Stocks seconded to appoint Council Member Barth to the following
Committees: Representative, SFID/SDWD Badger Committee; Representative, Cultural
Tourism; Representative, School District Liaison; Representative, San Elijo JP A; Director,
ACW A/JPIA; Alternate, Regional Solid Waste Authority; Alternate, North County
Dispatch JP A; Alternate, North County Transit; and Alternate, SANDAG. Motion
carried. Ayes: Bond (via teleconference), Dalager, Houlihan, Stocks. Nays: None.
Absent: Barth.
ACTION:
Houlihan moved, Stocks seconded to appoint Risk Manager Schwarm as an Alternate to
the ACW A/JPIA. Motion carried. Ayes: Barth, Bond, Dalager, Houlihan, Stocks. Nays:
None. Absent: None.
Before Item #8 was heard, Council Member Dalager recused himself and left the Council
Chambers to avoid a possible conflict of interest.
8. Discussion of Coastal Commission appeal for the sine:le family residences proposed
at 282 Neptune Avenue (Zae:ara, Case No. 05-161 DR/CDP) and 629 4th Street
(Albani, Case No. 05-068 DR/CDP) and provide direction as to the appropriate level
of involvement of the City in the appeal. Contact Person: Plannine: and Buildine:
Director Murphy.
Senior Planner Langager reviewed the staff report and stated that the Coastal Commission had
disputed the methodology the City used to establish the bluff edge setback proposed. The
Coastal Commission's methodology would result in significantly larger setbacks for the
properties.
Ms. Langager stated that City staff was concerned with the proposed appeal since the results
would have ramifications for other bluff top properties.
Staff recommendation was to direct staff to attend the Coastal Commission appeal hearing for
Zagara and Albani residences, noting concern with the methodology proposed by the Coastal
Commission establishing bluff top setbacks.
Tom McCabe spoke in favor of the staff recommendation.
ACTION:
Stocks moved, Houlihan seconded to direct staff to attend the Coastal Commission appeal
hearings to work out clarification on the methodology regarding bluff top setbacks.
Motion carried. Ayes: Barth, Bond, Houlihan, Stocks. Nays: None. Absent: Dalager.
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REPORTS FROM CITY COUNCIL MEMBERS j..
REPRESENTATIVES OF REGIONAL BOARDS
Council Member Dalager reported that Chevron donated $5,000 to Operation Homecoming.
ADJOURNMENT
Deputy Mayor Stocks declared the meeting adjourned at 7:06 P.M.
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Deborah Cervone, City Cler \
By: Claudia Bingham, .--./
Deputy City Clerk
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