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2011-08-17 Regular Meeting of the City Council _ and Special Meeting of the Encinitas Housing Authority AGENDA-AMENDED Wednesday, August 17, 2011, 6:00 P.M. Teleconference with Council Member Houlihan 559 Union Street, Encinitas, CA 92024 James Bond Mayor Jerome Stocks Deputy Mayor Teresa Barth Council Member Kristin Gaspar Council Member Maggie Houlihan Council Member Council Chambers 505 South Vulcan Avenue Encinitas, California 92024 A copy of the council meeting packet may be viewed by the public in the City Hall lobby and on the city's web page at: www.ciiyofencinitas.org. KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT LAWS: Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City exist to conduct the people's business. For more information on your rights under the Brown Act and other State laws, visit the city's webpage at www.cilyofencinitas.orc, under "government". Any writings or documents provided to a majority of the City Council regarding any item on this agenda received within 72 hours prior to the meeting will be made available for public inspection in the City Hall lobby during normal business hours The above mentioned agency is an equal opportunity public entity and does not discriminate on the basis of race, color, ethnic origin, national origin, sex, religion, veterans status or physical or mental disability in employment or the provision of service. In compliance with the Americans with Disabilities Act/Section 504 Rehabilitation Act of 1973 if you need special assistance to participate in these meetings, please contact the City Clerk at 760-633-2601. WELCOME TO THE ENCINITAS CITY COUNCIL AND BOARD MEETINGS INFORMATION ON CLOSED SESSION When necessary, the City Council may convene a special meeting closed session. The closed session agenda will be posted on the City's web page and outside City Hall 24 hours prior to the scheduled closed session. Members of the public may speak on closed session items on the agenda following opening of the special meeting prior to the City Council adjourning to closed session. Visual Materials for City Council Meetings To ensure that the City meets your needs when addressing the City Council, all presentation materials which require the use of visual equipment needs to be submitted to the City's IT Division no later than 5:30 p.m. on the day of the actual meeting. This includes photographs, Microsoft Office documents (PowerPoint, Word, Excel), audio and visual CD's, DVD's, and USB thumb/flash drives. All materials must be in PC format. Please label all materials with the agenda item number you are representing. We prefer that digital presentation items be emailed to helpdesk(&citvofencinitas.org at least 24 hours in advance of the meeting (except for appeal hearings where materials must be submitted 7 days in advance) Should technical assistance be necessary, it will be available to presenters from 5:30 p.m. to 5:50 p.m. on the day of the meeting. Presentation of video/digital/photographs are considered part of the maximum time limit provided to speakers. PROCEDURES FOR ADDRESSING THE COUNCIL Each speaker is allowed three (3) minutes to address the City Council. There are three major components of the Agenda: ORAL COMMUNICATIONS: 15 minutes are set aside at each meeting for citizens who wish to address an issue not on the agenda. The law precludes the Council from taking action upon such non- agenda items. These items will be referred to the City Manager. Time donations are not permitted during Oral Communications. Please submit a "WHITE" speaker slip to the City Clerk. CONSENT CALENDAR: Items on each Consent Calendar are matters which are routine, and it is anticipated they will not be discussed separately. With a motion "to adopt the Consent Calendar" the City Council approves all Consent Calendar Staff recommendations, as shown on the agenda. Items may be removed for discussion by submitting a "PINK" speaker slip to the City Clerk. NOTE: A MAXIMUM OF TWO TIME DONATIONS PER SPEAKER(9 MINUTES TOTAL) REGULAR AGENDA ITEMS: If you wish to address any item on the Regular agenda, please submit a "PINK" speaker slip to the City Clerk prior to the Mayor/Chair announcing the agenda title. NOTE: A MAXIMUM OF TWO TIME DONATIONS PER SPEAKER (9 MINUTES TOTAL) Live broadcasting of the Encinitas City Council meetings will be transmitted for each regularly scheduled meeting which are held on the second,third and fourth Wednesdays of each month beginning at 6:00 p.m.on Channel 19 on Cox Communications,and Channel 24 on Time Warner Cable for those who do not have a digital box. Time Warner customers who have a digital box will need to turn to channel 128 to view the meetings.The Council meetings are also broadcasted live via the Internet on our website at www.cityofencinitas.org. Past meetings will also be archived for viewing via the internet. ENCINITAS HOUSING AUTHORITY SPECIAL MEETING AGENDA WEDNESDAY, AUGUST 17, 20119 6:00 P.M. CALL TO ORDER/ROLL CALL Encinitas Housing Authority members receive an independent stipend of $50 for convening the Housing Authority meetings pursuant to HS§33114.5. PLEDGE OF ALLEGIANCE SPECIAL PRESENTATIONS/PROCLAMATIONS ORAL COMMUNICATIONS (15 MINUTES) (A maximum of 3 minutes per speaker) CHANGES TO THE AGENDA (Consent Items pulled by the public will be heard immediately after adoption of Consent Calendar) CONSENT CALENDAR AGENDA TITLES STAFF RECOMMENDATION Hl. Approve Minutes of the 12/15/10 Special Approve Minutes of the 12/15/10 Special Meeting. Contact Person: City Clerk Cervone. Meeting. H2. Authorization for the Executive Director to Authorize the Executive Director to amend the amend the Professional Services Contract Professional Services contract with Hunter with Hunter Properties in an amount not to Properties in an amount not to exceed $60,000 exceed $60,000 for two years of management for up to two years of management and and maintenance of sixteen Housing maintenance of sixteen Housing Authority- Authority owned condominium unites at owned condominium units at Pacific Pines. pacific Pines. Contact Person: Housing Administrator Barefield. CONSENT CALENDAR ITEMS REMOVED BY THE PUBLIC REGULAR AGENDA (3 minutes, plus two time donations, maximum per speaker) AGENDA TITLES STAFF RECOMMENDATION H3. Status report on the Housing Authority's Receive the report. Section 8 Housing Choice Voucher Program and of sixteen owned condominium residences at Pacific Pines. Contact Person: Housing Administrator Barefield. CONSENT CALENDAR ITEMS REMOVED BY BOARD MEMBERS GENERAL INFORMATION / STAFF STATUS REPORTS REPORTS FROM CITY REPRESENTATIVES OF REGIONAL BOARDS ADJOURNMENT I, Deborah Cervone, certify that I caused this agenda to be posted on the City Hall bulletin board on August 11,2011, 72 hours before this regular meeting. Board Clerk CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, AUGUST 17, 2011, 6:00 P.M. CALL TO ORDER/ROLL CALL SPECIAL PRESENTATIONS/PROCLAMATIONS - NONE ORAL COMMUNICATIONS (15 MINUTES) A maximum of 3 minutes per speaker) CHANGES TO THE AGENDA (Consent Items pulled by the public will be heard immediately after adoption of Consent Calendar) CONSENT CALENDAR The title of ordinances listed on this agenda are deemed to have been read and further reading waived. AGENDA TITLES STAFF RECOMMENDATION 1. Approval of Minutes of the 6/22/11 Regular Approve the Minutes of the 6/22/11 Regular Meeting, 7/13/11 Regular Meeting, and Meeting, 7/13/11 Regular Meeting, and 7/20/11 7/20/11 Regular Meeting. Contact Person: Regular Meeting. City Clerk Cervone. 2. Approval of August 17, 2011, Warrants Approve Warrants List. List. Contact Person: Finance Director Smith. 3. Award of contract to Dudek in the amount Accept the FHWA Emergency Repair Grant and of $63,800 and authorization for a 15% appropriate $70,874 in grant funds, appropriate contingency to prepare environmental $9,138 from the General Fund for the Highway documents and complete permitting 101 Emergency Repair project (CMX11F), requirements for the Highway 101 authorize an agreement with Dudek in the Emergency Repair project. Contact amount of $63,800 plus 15% contingency, and Person: Director of Engineering Cota- authorize overall expenditures for preliminary Robles. engineering not to exceed $80,057. 4. Approval of the Community Development 1) Approve the Community Development Block Block Grant Program Policies and Grant Program policies and procedures; and 2) Procedures. Contact Person: Housing Authorize the Planning and Building Director to Administrator Barefield. revise the policies and procedures, as needed, to remain current with federal regulations, policies, procedures and information. CONSENT CALENDAR ITEMS REMOVED BY THE PUBLIC REGULAR AGENDA (3 minutes, plus two time donations, maximum per speaker) AGENDA TITLES STAFF RECOMMENDATION 5. Council to meet with applicants to fill one Hear each applicant briefly explain their vacancy on the Arts Commission with a qualifications and interest with an appointment to term ending March 2013. Contact Person: be made at the August 24th City Council Meeting. City Clerk Cervone. 6. A public hearing to consider amendments 1) Before public comment is received, disclose all to the General Plan, Local Coastal information and contacts received outside of Program Land Use Program and hearing of this matter upon which the decision Downtown Encinitas Specific Plan (SPA) will be based, receive public testimony and to modify the land use designation and consider the facts and findings necessary to make zoning classification of 2.8 acres of a recommendation on the application. developed property, the former Pacific 2) Continue the public hearing to September 14, View Elementary School, from the General 2011, for consideration of a resolution approving Plan land use designation of Public/Semi- the proposed General Plan amendment Public (P/SP) to Residential 15 (R15) and application and adopting the Final Negative change the current Downtown Encinitas Declaration, and an ordinance for introduction Specific Plan zoning classification from approving the amendments to the DESP as set Downtown Encinitas-Public/Semi-Public forth in the Exhibit CC-3. (D-P/SP) to Downtown Encinitas- Residential 15 (D-R15). No development is proposed at the time of application. Case Number: 10-006 GPA/LCPA/SPA. Applicant: Encinitas Union School District (EUSD). Location: 608 Third Street (APN 258-151-22), formerly Pacific View Elementary School, Community of Old Encinitas. This agenda item is in response to the threat of litigation by EUSD with the City over past City action on this project,which resulted in EUSD and the City entering into a tolling agreement to allow time to discuss the matter. Consequently, EUSD agreed to an amended proposal for Council consideration. The Council has not made any decision on this matter and will evaluate the amended proposal at this public hearing. CONSENT CALENDAR ITEMS REMOVED BY COUNCIL MEMBERS FUTURE AGENDA ITEMS ADDED BY COUNCIL MEMBERS REPORTS FROM CITY COUNCIL MEMBERS / REPRESENTATIVES OF REGIONAL BOARDS / CITY ATTORNEY/CITY MANAGER ADJOURNMENT I, Deborah Cervone, certify that I caused this agenda to be posted on the City Hall bulletin board on August 11,2011, 72 hours before this regular meeting. City Clerk The next Regular City Council Meeting will be held on Wednesday, August 24, 2011, at 6:00 p.m.