2009-10-21MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
OCTOBER 21, 2009,6:00 P.M., 505 SOUTH VULCANAVENUE
CALL TO ORDER/ROLL CALL
Mayor Houlihan called the meeting to order at 6:09 P.M.
Present: Mayor Maggie Houlihan, Council Members Teresa Barth, James Bond, Dan
Dalager, and Jerome Stocks.
Absent: None.
Also Present: City Manager Cotton, City Attorney Sabine, City Clerk Cervone, Parks &
Recreation Director Hazeltine, and Deputy City Clerk Bingham.
There being a quorum present, the meeting was in order.
REPORT OUT OF CLOSED SESSION
City Attorney Sabine announced that regarding the Closed Session meeting that was held before
the Regular City Council meeting the circumstances regarding Item #2 involved. a threat of
litigation involving Mike Andreen and the Encinitas Chamber of Commerce and the City's
agreement with the Chamber as a result of correspondence dated October 14, 2009.
Mr. Sabine reported that with respect to Item #1, Council discussed procedures for moving
forward in the evaluation. Regarding Item #2, Council was advised by the City Attorney
regarding issues relating to the significant threat.
CLOSING AND ADOPTION OF THE CONSENT CALENDAR
Before the voted was taken, Mayor Houlihan and Council Member Barth stated that they would
be voting no on Item #2 of the Consent Calendar.
ACTION:
Stocks moved, Bond seconded to close and adopt the Consent Calendar. Motion carried.
Ayes: Barth, Bond, Dalager, Houlihan, Stocks. Nays: Barth, Houlihan on Item #2.
1. Approval of 10-14-09 Warrants List. Contact Person: Finance Manager Hill.
STAFF RECOMMENDATION: Approve Warrants.
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10/21/09 Regular Meeting
2. Second reading and adoption of City Council Ordinance 2009-12 approving a Local
Coastal Program Land Use Plan and Implementation Plan Amendment (LCPA), and
Encinitas Ranch Specific Plan Amendment (SPA) to increase the overall maximum
floor area permitted from 695,000 square feet to 750,000 square feet for the Regional
Commercial Center within the Green Valley Planning Area. CASE NUMBER: 08-
092 GPA/LCPA/SPA/EIA; APPLICANT: Carltas Company; LOCATION: Regional
Commercial Center within the Green Valley Planning Area of the Encinitas Ranch
Specific Plan Area, the 1000 block of North El Camino Real (Encinitas Ranch Town
Center) and the 1500 block of Leucadia Boulevard. (The Plaza at Encinitas Ranch).
Contact Person: City Clerk Cervone.
STAFF RECOMMENDATION: Adopt Ordinance 2009-12.
3. Award of contract for the CDBG citywide concrete repair proiect to Burtech Pipeline,
Inc. in the amount of $24,960. Contact Person: Director of Engineering Services Cota-
Robles.
STAFF RECOMMENDATION: Council authorize the Director of
Engineering Services to enter into a contract with Burtech Pipeline, Inc. in the
amount of $24,960 to provide citywide concrete repair and authorize overall
expenditures not to exceed $250,305.
4. A Resolution approving the form of and authorizing the execution and delivery of a
purchase and sale agreement and the related documents with respect to the sale of
the Seller's Proposition 1A Receivable from the State; and directing and authorizing
certain other action in connection therewith. Contact Person: Finance Director
Smith.
STAFF RECOMMENDATION: Adoption of the proposed Proposition 1A
Sale Resolution and Purchase and Sale Agreement.
REGULAR AGENDA ITEMS
5. Authorize an expansion of contract with R_JM Design Group in an amount not to
exceed $1,512,130 for preparation of demolition, design development and
construction documents for the Hall property and authorize staff to issue a request
for proposals for demolition of the property. Contact Person: Director of Parks
and Recreation Hazeltine.
Parks and Recreation Director Hazeltine reviewed the staff report and stated that staff was
recommending that Council authorize an expansion of the contract with RJM Design Group in an
amount not to exceed $1,512,130 for preparation of demolition, design development and
construction documents for the Hall property and authorize staff to issue a request for proposals
for demolition of the property.
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10/21/09 Regular Meeting
Donna Westbrook addressed Council on Item 45.
ACTION:
Dalager moved, Stocks seconded to authorize the expansion of the contract with RJM
Design Group in an amount not to exceed $1,512,130 for preparation of demolition, design
development and construction documents for the Hall property and to authorize staff to
issue a request for proposals for demolition of the property. Motion carried: Barth, Bond,
Dalager, Houlihan, Stocks; Nays: None: Absent: None.
STAFF DIRECTION
Staff agreed to provide periodic updates to Council on this project via a project schedule
and agreed to contact Quail Botanical Gardens prior to removing any trees on the property
in the event that they could be saved and transplanted at Quail Botanical Gardens at their
own expense.
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expenditures for ir~rnciiic:[ s Visitor- c~cTrr°°ci-ai=Q-iii-vi'-iua. diFeeflOH Wis.»a
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This item was removed by the City Manager pending further review.
REPORTS FROM CITY COUNCIL MEMBERS /
REPRESENTATIVES OF REGIONAL BOARDS / CITY
ATTORNEY/CITY MANAGER
Council Member Bond stated that he had recently attended a County Water Authority Delta
group meeting.
Council Member Barth stated that she had recently attended a Badger Joint Facilities meeting and
stated that a traffic school for pet owners with minor offenses would be offered in the next few
months by the County.
Deputy Mayor Dalager stated that he had recently attended an Encina Capital Improvement
Committee meeting.
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10/21/09 Regular Meeting
ADJOURNMENT
Mayor Houlihan declared the meeting adjourned at 6:46 P.M.
r
Deborah Cervone, City ler
By: Claudia Bingham,
Deputy City Clerk
r
Mag ie oulihan, Mayor
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