1994-09-14 MINUTES OF ENCINITAS CITY COUNCIL REG~ MEETING
SEPTEMBER !4, 1994, ~00 P.M., 505 & VULCAN A VENUE
CALL TO ORDER / ROLL CALL
Mayor Hano called the meeting to order at 6:22 P.M.
Present: Mayor Gall Hano, Council Members James Bond, John Davis,
Chuck DuVivier, and Maura Wiegand
Absent: None
Also Interim City Manager Warden, City Attorney Krauel, City
Present: Clerk Pool, Assistant City Manager Benson, Community
Development Director Holder, Public Works Director
Nelson, Community Services Director Wigginton,
Engineering Director Archibald, Fire Chief Heiser,
Sheriff's Captain Wood, Deputy City Clerk Cervone
There being a quorum present, the meeting was in order.
PLEDGE OF ALLEGIANCE
SPECIAL PRESENTATIONS/PROCLAMATIONS
Prese~ation of Proclamation of Coastwee~ and Co~t~ Cleanup Day. Co.act Pe~on:
Recreation Supe~ende~ Al~xande~
Mayor Hano presented Recreation Superintendent Pam Alexander a
proclamation designating September 17th to October 10th as
Coastweeks and September 24th as Coastal Cleanup Day.
CLOSING AND ADOPTION OF THE CONSENT CALENDAR
Item ~7 was removed by the public.
DuVivier moved, Wiegand second to close and adopt the amended
consent calendar. Motion carried. Ayes: Bond, Davis, DuVivier,
Hano, Wiegand; Nays: None.
* The title of ordinances listed on the Consent Calendar are
deemed to have been read and further reading waived.
** Public hearing may not be heard if no speaker slips are turned
in.
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09/14/94 Regular Council Meeting
1. Approval of Minntes: Special Meeting- 8/24/94, 5:30
Regular Meeting 8/24/94, 6 PM. Contact Person: City Cler~
Pool ..
STAFF RECOMMENDATION: Approve minutes.
2. Approval of 9/14/94 Warrants List. Contact Person: Financial
Services Manager Murphy.
STAFF RECOMMENDATION: Approve warrants list.
3. * **Public Hearing and Adoption of Ordinance 94-17, Amending
Encinitas Municipal Code Chapter 4.04, A~3{mal Regulations,
Incorporating Amendments to San Diego County Code Sections
Regarding Animal Regulations. Contact Person:
Analyst Hodgkiss.
STAFF RECOMMENDATION: Adopt Ordinance 94-17.
4. * **Public Hearing and Introduction of Ordinance 94-18
Amending Chapter 2.12.060 Conflict of Interest Code. Contact
Person: City Clerk Pool.
STAFF RECOMMENDATION: Introduce Ordinance 94-18.
5. **Public }Iearing and Adoption of Resolution 94-90 Vacating
Portions of Manchester Avenue, Resulting from Realignment
1988 Near Mira Costa College, and for Benefit of Preservation
of San Elijo Lagoon. Road Survey No. 139, and Road Survey No.
426, in Cardiff-by- the-Sea. Contact Person: Engineering
Services Director Archibald.
STAFF RECOMMENDATION: I) Adopt Resolution 94-90; 2) Authorize City
Manager to quit claim any interest the City of Encinitas may have to the County
of San Diego.
6. Adoption of Resolution 94-92, Amending Resolution 94-74
Identify the Leucadia County Water District as Part of th~
g~exation Application to the Local Agency Formation
Coum~ission (LAFCO) for Reorganization of Municipal Servicer
Related to the Olivenhain Municipal Water Districts, Encinitas
Fire Protection District, San Diequito Water District,
Encinitas Sanitary District. Contact Person: Project
Murphy.
STAFF RECOMMENDATION.. Adopt Resoluhon 94-92.
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ITEMS REMOVED FROM THE CONSENT CALENDAR BY PUBLIC
TO avoid a possible conflict of interest, Council Member Bond
removed himself from the discussion of this issue.
7. Discussion of intention to Vacate the Most Northerly 250 Feet
of Cole Ranch Road (Formerly "E" Street) I~nediately South of
Calle Santa Cruz, and an Irrevocable Offer of Dedication i~
Olivenhain. Contact Person: Director of Enqineerinq
Archibald.
Engineering Director Archibald reported that in May, 1994 adjacent
property owners requested that the north 250 feet of Cole Ranch
Road be vacated. The item was considered by the Planning
Commission in August and their recommendation was that the roadway
not be vacated because it provides a potential secondary access
into the residential area to the north of Cole Ranch Road. In
addition, they recoramended to potentially require development of
the road when the adjacent property is subdivided.
The following people spoke in support of the vacation: Doug Logan,
Bob Campbell, Scott Jordan, Jeff Daniels, Fred Reva, and Fred
Wallace.
DuVivier moved, Davis seconded to not grant the vacation and that
improvements, associated with any parcel maps, should not be
required to put the road through at this time. Motion carried.
Ayes: Davis, DuVivier, Hano, Wiegand; Nays: None; Absent: Bond
ORAL COMMUNICATIONS
None
REGULAR AGENDA
8. Public Hearinq to Consider Introduction of Ordinance 94-19
Adoptinq a Development Aqreement between the City of Encinitas
and Carltas Company and Other Owners for Property Known as
EnCinitas Ranch Specific Plan. The Development Aqree~t
Includes Conditions Relative to F~n~ncinq Necessary Public and
Private Improvements, Implementation Schedule an~ Other
Conditions and Requirements. The Public Hearinq will Also
Consider Chanqes to the Encinitas Ranch Specific Plan as
Related to the Development Aqreement Relative to Ph~inq of
Improvements, Phasinq of Development, Fi--~cial Plan, ~ the
Like. Contact Person: Project ~anaqer Murphy.
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City Manager Warden recommended that the ordinance adopting the
Development Agreement not be considered for introduction until the
developer and the Encinitas Union School District had produced a
final agreement.
He reviewed highlights of the Development Agreement which included
affordable housing, a golf course, infrastructure improvements,
relocation of a fire facility, purchase of Indian Head Canyon,
Performing Arts Theater pad and a number of other projects. He
said the Specific Plan and development agreement should be approved
simultaneously.
Project Manager Murphy said the Planning Commission had given a
favorable recommendation for the Development Agreement. He
reviewed several proposed amendments to the development agreement
made by the Planning Commission and Staff.
Assistant City Manager Benson reviewed the financial issues;
specifically a City revenue/expense summary and the golf course
financing.
Jim Williams, Financial Consultant, reviewed the participation
agreement between the City and developer. He said projections
indicated the developer would be operating with a negative cash
flow in the first several years. Therefore the City would share
the sales tax generated by the project, on a loan basis, with the
developer.
Mayor Hano declared a recess from 7:40 P.M. to 7:56 P.M.
Chris Calkins, representing the applicant, reviewed the various
aspects and benefits to the City. He urged Council to approve the
development agreement. However, he asked that a condition be added
that the development agreement would be terminated if Proposition
K was approved by the voters in November.
The following people spoke in support of the Development Agreement:
Caitlin Guerin, Jan Grice, Chris Kirkorowicz, Ron Edde,
representing the North Coast Chamber of Commerce Board of
Directors, and Dan Dalager.
Speaking neither for nor against the Development Agreement were:
Carol Skiljan, representing the Encinitas Union School District,
Pat White, Superintendent of Encinitas Union School District, and
Glen Johnson.
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The following people spoke in opposition to the Development
Agreement: Roy Hewitt, Kevin Johnson, Pat Bishop, and Dolores
Welty.
Mayor Hano declared a recess from 9:32 to 9:47 P.M.
Speakers in opposition to the Development Agreement continued as
follows: Robert MacFarlane, Mark Brossman, Sharon Brossman,
Marilyn Posella, Julie Fisher.
Wiegand moved, DuVivier seconded to extend the meeting to 11:00
P.M. Motion carried. Ayes: Bond, Davis, DuVivier, Hano, Wiegand;
Nays: None.
Opposition speakers continued as follows: Brad Roth, Carolyn
Avalos, Thea Scott, Lois Humphreys, Duncan McFetridge, and Ed
Kanarik.
Jim Williams, Financial Consultant, responded to some of the
co~ents regarding financing of the project.
Wiegand moved, DuVivier seconded to extend the meeting to 11:30
P.M. Motion carried. Ayes: Bond, Davis, DuVivier, Hano, Wiegand;
Nays: None.
Attorney Murray Kane, Legal Consultant for the Development
Agreement, responded to some of the legal issues raised during
public testimony.
City Manager Warden suggested Council not consider the proposal,
made by Mr. Calkins of terminating the Development Agreement if
Proposition K is approved by the voters, until he reviewed the
repercussions of existing agreements with Carltas.
DuVivier moved, Wiegand seconded to close the public hearing and to
adjourn the meeting to September 20th at 6:00 P.M. for the limited
purpose of receiving public testimony on the agreement betwee~
Carltas Cc~npany and the Encinitas Union School District.
Kevin Johnson asked Council to consider continuing the Public
Hearing on the entire development agreement to allow responses to
Staff's remarks at this meeting.
The Mayor said any further public testimony would only be accepted
in writing and should be submitted to the City Clerk by noon on
Friday, September 16th.
Motion carried. Ayes: Bond, Davis, DuVivier, Hano, Wiegand;
Nays: None.
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Wiegand moved, DuVivier seconded to extend the meeting to 11:45
P.M. Motion carried. Ayes: Bond, Davis, DuVivier, Hano, Wiegand;
Nays: None.
Council consensus was to continue the following item to September
20, 1994.
Action on the Encinitas Ranch SDecific Plan and Related
General Plan and Zoninq Code Amendments. The Specific Plan
Comprises 852.8 Acres and ProDoses a Variety of Land Uses,
Road ImDrovements, Zoninq, DeveloDment and Desiqn Standards,
etc., Located Generally West of E1 Camino Real and North of
Encinitas Boulevard. The Followinq Actions are AnticiDated:
Adoption of Resolution 94-91 Making the Required
Findings, Adopting a Statement of Overriding
Considerations Regarding the Final Environmental Impact
Report, and Adopting the Mitigation Monitoring and
Reporting Program.
Adoption of Resolution 94-29 Amending the General Plan
Relative to the Encinitas Ranch Specific Plan and
Leucadia Boulevard Alignment Study.
Introduction of Ordinance 94-08 Amending the Municipal
Code and Zoning Map in Accordance with the Specific Plan
Area.
Introduction of Ordinance 94-07 Adopting a Specific Plan
for the 853 Acre Site Known as the Encinitas Ranch
Specific Plan.
Contact Person:. Project Manager Murphy.
ITEMS REMOVED FROM THE CONSENT CALENDAR BY COUNCIL
CITY COUNCIL/CITY MANAGER REPORT
Wiegand moved, DuVivier seconded to hold the September 28 meeting,
previously canceled. Motion carried. Ayes: Bond, Davis,
DuVivier, Hano, Wiegand; Nays: None.
Information Items =- No discussion or action to be taken
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CITY COUNCIL AGENDA ITEMS FOR FUTURE AGENDAS
Items cannot be discussed specifically, only for decision
whether or not to agendize.
Mayor Hano declared the meeting adjourned at 11:35 P.M. to
September 20, 1994.
Gai~i Hano, Mayor - ~. Jane Pool, City Clerk
By: Deborah Cervone,
Deputy City Clerk
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