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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. 09/14/94 Reg Council Mtg. Page 1 Mtg#94- ,Bk#8,Page 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. 09/14/94 Reg Council Mtg. Page 2 Mtg#94- ,Bk~8,Page___ 09/14/94 Regular Council Meeting 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. 09/14/94 Reg Council Mtg. Page 3 Mtg#94-__,Bk~8,Page__ 09/14/94 Regular Council Meeting 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. 09/14/94 Reg Council Mtg. Page 4 Mtg#94- ,Bk#8,Page.__ 09/14/94 Regular Council Meeting 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. 09/!4/94 Reg Council Mtg~ Page 5 Mtg, 94- ,Bk#8,Page__ 09/14/94 Regular Council Meeting 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 09/14/94 Reg Council Mtg. Page 6 Mtg, 94~ ,Bk#8,Page.__ 09/14/94 Regular Council Meeting 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 09/14/94 Reg Council Mtg. Page 7 Mtg#94-__,Bk#8,Page~__