2010-06-23 (2)MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
JUNE 23, 2010, 6:00 P.M, 505 SOUTH VULCANA VENUE
CALL TO ORDER/ROLL CALL
Mayor Dalager called the meeting to order at 6:15 P.M.
Present: Mayor Dan Dalager, Council Members Teresa Barth, James Bond, Maggie
Houlihan, and Jerome Stocks.
Absent: None.
Also Present: City Manager Cotton, City Attorney Sabine, Building and Planning Director
Murphy, Recreation Superintendent Fazzio, Recreation Supervisor Buck,
Associate Planner Tremor, City Clerk Cervone, and Deputy City Clerk Bingham.
There being a quorum present, the meeting was in order.
SPECIAL PRESENTATIONS/PROCLAMATIONS
Recognition for Garden Festival Committee members and Garden Owners
Mayor Dalager presented certificates in recognition of members of the Garden Festival
Committee.
Proclamation for Encinitas Elks Lodge #2243 to be accepted by Bill Vance, Exulted Ruler and
Jim Mazzeo, Chair of the Trustee Committee
Mayor Dalager presented a proclamation to Bill Vance and Jim Mazzeo.
Presentation - July is Parks and Recreation Month
Mayor Dalager presented a proclamation to three of the City's Park's and Recreation
Commissioners. Superintendent Fazzio and Recreation Supervisor Buck presented a brief power
point presentation on current city events.
ORAL COMMUNICATIONS
Brother Anilananda and Steve Aceti thanked retiring City Manager Cotton for all his years of
service to the City.
Sheila Cameron stated that she was interested in when the negotiations with Carltas to amend the
ERGA development agreement would be heard by Council.
CHANGES TO THE AGENDA
Council Member Barth removed Item #1 from the Consent Calendar.
CLOSING AND ADOPTION OF THE CONSENT CALENDAR
ACTION:
Barth moved, Houlihan seconded to close and adopt the amended Consent Calendar.
Motion carried. Ayes: Barth, Bond, Dalager, Houlihan, Stocks. Nays: None.
2. Approval of 6-23-10 Warrants List. Contact Person: Finance Director Smith.
STAFF RECOMMENDATION: Approve Warrants list.
3. *Public Hearing to receive testimony regarding the FY2010-2011 Encinitas
Landscape and Lighting District Annual Engineer's Report including the Budget
and Expenditure Plan and adoption of Resolution 2010-28 renewing the Encinitas
Landscape and Lighting District (Zones A,B,C,D,E,F,G,H), confirming the Annual
Engineer's report (Budget and Expenditure Plan), and ordering the transmission of
charges to the County Auditor for collection. Contact Person: Management Analyst
Scott.
STAFF RECOMMENDATION: Adopt Resolution 2010-28.
4. Adoption of Resolution 2010-34 approving the Fiscal Year 2010/2011 Operating
Budget of the Encina Wastewater Authority and adoption of Resolution 2010-35
approving the Fiscal Year 2010/2011 Capital Budget of the Encina Wastewater
Authority. Contact Person: Public Works Management Analyst Wilson.
STAFF RECOMMENDATION: Adopt Resolution 2010-34 approving FY
2010/2011 Operating Budget and adopt Resolution 2010-35 approving the
Fiscal Year 2010/2011 Capital Budget.
5. Acceptance of the demolition of structures, other facilities, and clearing and grubbing
on the Hall Property and authorize filing of a Notice of Completion. Contact Person:
Park and Beach Superintendent Frenken.
STAFF RECOMMENDATION: Accept the completion of demolition and
authorize the filing of a Notice of Completion and release of retention.
6. Authorization to enter into an agreement with Waterous to purchase a Compressed
Air Foam System (CAFS) Unit for the City of Encinitas Fire Department in the
amount of $36,940.48 Contact Person: Deputy Fire Chief Henry.
STAFF RECOMMENDATION: Enter into an agreement with Waterous to
purchase a Compressed Air Foam System (CAFS) Unit in the amount of
$36,940.48 and Authorize the transfer of $7,388.10 from the Fire Department
operating budget for fire equipment, to the 2009 Assistance to Firefighters
Grant work project to provide required matching funds.
7. Introduction of Ordinance 2010-15 amending Chapters 6.40 and 6.41 removing the
requirement for Holistic Health Practitioners to pass both a written and practical
exam, conducted by the Health Department, prior to issuance of a permit. Contact
Person: City Clerk Cervone.
STAFF RECOMMENDATION: Introduce Ordinance 2010-15.
8. Adoption of Resolution 2010-38 authorizing submittal of a Used Oil Payment
Program application. Contact Person: Public Works Management Analyst Wilson.
STAFF RECOMMENDATION: Adopt Resolution 2010-38 authorizing a
Used Oil Payment Program application.
CONSENT CALENDAR ITEMS REMOVED BY COUNCIL
MEMBERS
1. Approve Minutes of 6-9-10. Contact Person: City Clerk Cervone.
STAFF RECOMMENDATION: Approve Minutes.
Council Member Barth removed the minutes from the Consent Calendar and requested the
following change to page 2 of the 05/19/10 meeting minutes:
Barth moved to freeze all step increases for 2010/2011 salaries and Staff to return to Council
with a full analysis of what this would entail the costs to re-open the final year of the labor
contract.
ACTION:
Barth moved, Maggie seconded to adopt the amended 5-19-10 minutes. Motion carried.
Ayes: Barth, Bond, Dalager, Houlihan, Stocks. Nays: none.
REGULAR AGENDA
Before Item #9 was heard, Council Member Barth recused herself and left the Council Chambers
to avoid a possible conflict of interest because she owns property in the Cardiff Specific Plan
area.
9. Public Hearing and discussion regarding the introduction of Ordinance 2010-03 to
adopt the Cardiff-by-the-Sea Specific Plan and Ordinance 2010-04 to amend Title
30, Chapter 30.84 of the Encinitas Municipal Code and Encinitas Zoning Map and
adopt Resolution 2010-04 to amend the General Plan Land Use Map and Table 4,
Distribution of Land Use: Cardiff-by-the-Sea, in the Land Use Element of the
General Plan. CASE NUMBER: 04-266 GPA/LCPA/SPA/EIA; APPLICANT: City
of Encinitas; LOCATION: Cardiff-by-the-Sea Specific Plan Area. Contact Person:
Associate Planner Tremor.
STAFF RECOMMENDATION: Receive public testimony and provide
comments related to the recommended and suggested revisions and
regarding the introduction of Ordinance 2010-03 to adopt the Cardiff-by-
the-Sea Specific Plan and Ordinance 2010-04 to amend Title 30, Chapter
30.84 of the Encinitas Municipal Code and Encinitas Zoning Map, and
Adopt Resolution 2010-04 to amend the General Plan Land Use map and
Table 4, Distribution of Land Use: Cardiff-by-the-Sea, in the Land Use
Element of the General Plan.
The following disclosures were made:
Council Members Stocks and Houlihan had no disclosures.
Council Member Bond stated that he had spoken to staff.
Mayor Dalager stated that he had nothing to disclose.
Mayor Dalager opened the public hearing.
The following speakers addressed Council on Item #9:
Andrew Audet, Jerry Peters, John DeMartino, Ericka Dennis, Charles Brockett, Judith Buman,
John Spencer, Jennifer Mencher, Robert Haro, Devron Averett, Joel Schwartz, Randy LeRuth,
Sheila Cameron, Patrick Conahan, Betty Steele, Deborah Morgan, Peter Curry, Cheryl
Schwaebe, Tricia Smith, and Robert Mance.
Mayor Dalager closed the public hearing.
Mayor Dalager declared a recess from 8:22 P.M. to 8:35 P.M.
ACTION:
Item #1- Landscaping and Views
Houlihan moved, Stocks seconded to revise Section 4.2.1 Development Requiring Design
Review, which would incorporate by reference, the standard Design Review findings from
the Municipal Code (Ch. 23.08). Motion carried. Ayes: Bond, Dalager, Houlihan, Stocks.
Nays: None. Absent: Barth.
Item #2 - Setbacks
Houlihan moved, Stocks seconded to develop a goal or policy to allow outdoor uses within
the 20' setback areas; allow the stepback to apply to 50% of the front building face; and
for non-conforming commercial structures, incorporate language similar to existing
language in the Municipal Code for residential nonconformities;
Council Member Bond requested the motion be amended to show zero to 10' for setbacks.
Houlihan moved, Stocks seconded to amend the original motion to include the change to
Table 3-2 - Building Setbacks for side yard interior: OP Zone - 0-10'; CM Zone 0-10';
and CC Zone 0-10'. Original motion and amendment carried: Ayes: Bond, Dalager,
Houlihan, Stocks. Nays: None. Absent: Barth.
Item #3 - Parking Management
Houlihan moved, Stocks seconded to approve the Parking Management portion of the
Cardiff Specific Plan. Motion carried. Ayes: Bond, Dalager, Houlihan, Stocks. Nays:
None. Absent: Barth.
Item #4 - Mixed Use
Houlihan moved, Stocks seconded to eliminate mixed use in the Cardiff Specific Plan.
Motion carried. Ayes: Dalager, Houlihan, Stocks. Nays: Bond. Absent: Barth.
Item #5 - Pedestrian Oriented
Building and Planning Director stated that no changes were recommended.
Item #6 - Large Tenant Limitation
Stocks moved, Houlihan seconded to increase the total floor area from 10,000 sq ft to
20,000 sq. ft. Motion carried. Ayes: Bond, Dalager, Houlihan, Stocks. Nays: None.
Absent: Barth.
Houlihan moved, Bond seconded to Introduce Ordinance 2010-03 adopting the Cardiff-by-
the-Sea Specific Plan. Motion carried. Ayes: Bond, Dalager, Houlihan, Stocks. Nays:
None. Absent: Barth.
Houlihan moved, Stocks seconded to Introduce Ordinance 2010-04 amending Title 30,
Chapter 30.84 of the Encinitas Municipal Code and Encinitas Zoning Map. Motion
carried. Ayes: Bond, Dalager, Houlihan, Stocks. Nays: None. Absent: Barth.
Dalager moved, Bond seconded to adopt Resolution 2010-04 amending the General Plan
Land Use Map and Table 4, Distribution of Land Use: Cardiff-by-the-Sea, in the Land Use
Element of the General Plan. Motion carried. Ayes: Bond, Dalager, Houlihan, Stocks.
Nays: None. Absent: Barth.
Council Member Barth return to the Council Chambers
REPORTS FROM CITY COUNCIL MEMBERS /
REPRESENTATIVES OF REGIONAL BOARDS / CITY
ATTORNEY/CITY MANAGER
Council Member Stocks stated that he had attended a recent SANDAG meeting.
Council Member Barth stated that she had attended a recent meeting of the San Elijo JPA.
Deputy Mayor Houlihan stated that she had attended recent meetings of the San Elijo JPA and
the Encina Waste Water Authority.
Mayor Dalager stated that he had attended the Encina Waste Water Authority meeting.
City Attorney Sabine reported that City Council unanimously voted to appoint retiring City
Manager Cotton as the interim City Manager commencing on August 10, 2010, pending the
execution of an interim agreement to be brought to Council by the ad-hoc subcommittee consisting
of Deputy Mayor Houlihan and Council Member Stocks for Council consideration in open session.
ADJOURNMENT
Mayor Dalager adjourned the meeting at 9:55 P.M.
Deborah Cervone, i rk
By: Claudia Bingham
Deputy City Clerk
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Dan Dalager, Mayor