1996-06-19 MINUTES OF ENCINITAS CITY COUNCIL REGULAR MEETING
JUNE 19, 1996, 6.'00 P.M., 505 SOUTH VULCAN A VENUE
CALL TO ORDERJROLL CALl,
Mayor Bond called the meeting to order at 6:03 P.M.
Present: Mayor James Bond, Council Members Lou Aspell, John Davis, Chuck DuVivier, and Gall
Hano.
Absent: None.
Also City Manager Wassennan, City Attorney Krauel, City Clerk Cervone, Assistant City
Present: Manager Benson, Public Works Director Nelson, Community Development Director Holder,
Engineering Services Director Archibald, Community Services Director Wigginton, Financial
Services Director Suelter, Accounting Manager Lembach, Management Analyst Phillips,
Deputy City Clerk Greene.
There being a quomm present, the meeting was in order.
PLEDGE OF ALLEGIANCE
SPECIAL PRESENTATIONS/PROCLAMATIONS
Presentation of"Encinitax' Local Hi~tory Quilt" by Paul Ecke Central Student~
The third grade class of Paul Ecke Central School presented an ENCINITAS LOCAL HISTORY QUILT to
the City that depicted several historical events.
Council Member Hano requested that the quilt be flamed and placed in the council chambers.
CLOSING AND ADOPTION OF THE CONSENT CALENDAR
Hano moved, Aspell seconded to close and adopt the amended Consent Calendar. Motion carried.
Ayes: Aspell, Bond, Davis, DuVivier, llano; Nays: None.
1. Approval of Minutes: 6/12/96 Special Meeting. Contact Person: Cit~ Clerk Cervone
STAFF RECOMMENDATION: Approve Minutes.
2. Approval of 6/19/96 Warrants List. Contact Person: Financial Services Manager Suelter.
STAFF RECOMMENDATION: Approve Warrants List.
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3. Award of Safe Route to Schools Proiect - Phase H~ (CMS95E) to Builders Staff Corporation~
Not to Exceed $179~103.93. Contact Person: En~.ineering Services Director Archibald
STAFF RECOMMENDATION: Award the contract to Builders StaffCorporation, in
the amount of $179,103.93 and authorize the Engineering Services Director to execute
a contract with Builders Staff Corporation.
4. Authorize City Manager to Negotiate a Three Year Contract with the Firm of KPMG Peat
Marwick to Perform the City's Annual Audit for $110~150. Contact Person: Financial
Services Manaeer Suelter.
STAFF RECOMMENDATION: Authorize the City Manager to negotiate a three
year contract with KPMG Peat Marwick for an amount not to exceed $110,150.
5. Authorization for the City Manager to Enter Into a Contract with Contractors Equipment
Company to Purchase 6" Centrifugal Pumo and Pinine in an Amount Not-To-Exceed
$38~660. Contact Person: Manao. ement Analyst Orozco,
STAFF RECOMMENDATION: Authorize the City Manager to enter into a contract
with Contractors Equipment Company.
ITEMS REMOVED FROM THE CONSENT CALENDAR BY THE PUBLIC
None.
ORAL COMMUNICATIONS
Chris Kirkorowicz, representing the Encinitas Taxpayers Association, stated there would be an initiative on
the November, 1996 ballot that would require voter approval for fee increases.
REGULAR AGENDA
Item #6 was continued to the June 26, 1996 Council Meeting.
6. Adoption of Resolution 96-50 and Supplement Providing for the Issuance and Sale of Series A
Bonds and Series B Bonds for Assessment District g93-01 (Requeza Street/Bracero Road) in
the Amount Not to Exceed $1~439~452 Approving a Purchase Contract for the Sale of thc,
Series A Bonds and a Preliminary Official Statement for Assessment District; and
Adoption of Resolution 96-53 Determining Unpaid Assessments and the Manner of Payment
Thereof; Authorization to Appropriate $16~210 from Gas Tax Reserves to Fund the City'~
Portion of Road Improvements~ and to Advance $4~834 from the Encinitaa Sanitary Division
Replacement Fund to pay for Sewer Improvements Associated with one property that will be
paid back in the future when the Associated Property connects to the System. Contact Person:
Financial Services Manager Suelter
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7. Presentation of Proposed Siting and Development of a Senior Citlz~n~s Center in the Vicinity,
of Gardenview and Via Cantebria. Contact Person: Community Services Direct(,.
Wieeinton.
Chris Calking, representing the Carltas Company stated that his company had developed a proposal to
construct approximately 200 units of Senior Citizen affordable housing along with a 10,000 square foot, City
owned, Senior Citizen Center in the vicinity of Gardenview and Via Cantebria.
Mr. Carlkins said the concept had been presented to the Community Senior Center Task Force and the
Senior Citizen Commission and both bodies agreed to recommend to the City Council to proceed with the
proposed concept.
Mr. Calkins said the purpose for this item was to determine if the City Council wished to proceed with the
concept for the siting and development of this Senior Citizen Center.
Mr. Calkins introduced Richard Packard, Executive Vice President of Laguna Landmark, Inc., who provided
an overview of the conceptual Senior Citizen's Center. He said that during earlier discussions with the Senior
Center Task Force and Senior Citizen Commission, the most challenging issue had been to provide sufficient
parking.
Lee Weikum said he felt the Senior Center had merit, however, he spoke about his concerns regarding the
lack of parking.
Mac Hartley requested the Council proceed with the concept, however, he voiced his concerns about the
parking issue.
Madeline Galuh, representing the San Dieguito Senior Center, said she had great concerns regarding the
limited parking.
Hano moved, Davis seconded to proceed with the concept for the siting and development of a Senior
Citizen Center in the vicinity of Gardenview and Via Cantebria.
DuVivier requested an amendment to the motion and Hano and Davis agreed to also include the
provision that when staff researched the operational costs to also include construction costs. Motion
carried. Ayes: Aspell, Bond, Davis, DuVivier, Hano; Nays: None.
Council Member Hano requested that the Senior Site sub-committee continue to meet every Tuesday at
10:30 A.M. for further discussion of a Senior Center/Community Center.
Council Member Aspell requested that the Council not abandon the idea of a new Community Center.
Mayor Bond declared a recess from 7:34 to 7:49 P.M.
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8. Approval of a Renewed Franchise Agreement Between the City of Encinitas and Ce
Communications San Diego~ Inc. to Operate a Cable Cornmnn[cations System and Adopti¢,.
of Resolution 96-52 Setting the Franchise Fee at Five Percent (5%) of Gross Revenues
Contact Person: Management Analyst Phillips.
Management Analyst Phillips stated the issue was whether to approve a renewed franchise agreement with
Cox Communications San Diego, Inc., to operate a cable communications system within the City and
establish a franchise fee of five percent (5%) of gross revenues for use of public streets and fights-of-way.
Mr. Phillips reviewed the key provisions of the recommended franchise agreement and said that separate from
the Franchise Agreement, the cable operator had agreed to provide Interact access to public schools and
libraries upon completion of its system upgrade and when service was made commercially available to its
residential customers in the City.
The staff recommendation was to, (1) Approve renewed franchise agreement between the City and Cox
Communications San Diego, Inc. and authorize the City Manager to execute agreement; and (2) Adopt
Resolution 96-52 establishing Cox Communications San Diego, Inc.'s franchise fee at five percent (5%) of
gross revenues.
Karen Cb~aret asked when Cardiffwould have access to public cable channels.
Mr. Phillips said CardLffwould have access on July 1, 1996.
B. Smith said he would like to see a statement in the agreement stating the franchise fee could be lowered
from 5%.
Mr. Phillips, in answer to Mr. Smith's statement, stated the City Council had the ability to reduce the
franchise fee if they so desired.
DuVivier moved, Aspell seconded to approve the staff recommendation to approve the renewed
franchise agreement between the City and Cox Communications San Diego, Inc. and authorize the
City Manager to execute the agreement and to adopt Resolution 96-52 establishing Cox
Communications San Diego, Inc.'s franchise fee at five percent (5%) gross revenues. Motion carried.
Ayes: Aspell, Bond, Davis, DuVivier; Nays: None; Abstain: Hano.
9. Introduction of Ordinance 96-11 Amending Chapter 1.10 of the Encinitas Cab~
Communications Ordinance to Repeal Section 1.10.1104 Regarding Amendments. Contact
Person: Management Analyst Phillips.
No staffreport was given.
Hano moved, Davis seconded to introduce Ordinance 96-11. Motion carried. Ayes: Aspell, Bond,
Davis, DuVivier, Hano; Nays: None.
10. Status Report re~ardin~ Allocation of One-Quarter Cent Sales Tax for Library Purposes
Contact Person: City Manager Wassermnn_
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City Manager Wasserman stated that discussions had occurred regarding the feasibility of seeking voter
approval for a 1/4 cent sales tax increase to be used to supplement current library services throughout the
County. The measure could appear on the November 4, 1996 ballot provided that special legislation was
approved to permit the County to add the election measure to the ballot.
City and County representatives, as well as the County Friends of the Library groups, met to discuss a
formula for allocation of funds if the two-thirds majority approval occurred. The Cities and County agreed
on a formula which was known as the "Return to Source" option~ The formula would result in
approximately $1,085,882 annually for a five year period for the City of Encinitas. It would also return the
actual funds to each incorporated City for allocation, rather than being let~ with the County as follows:
1. Each City would receive its allocation of the 1/4 cent sales tax to be used to improve library services.
2. Each City would allocate 1% of its funds to the County Library System for automation/computer
enhancements.
3. The County would agree to maintain the current level of services.
4. Cities would contract with the County for specific service enhancements as determined by the City
Council following a public meeting to receive community input.
5. It was recommended that each City reserve a portion of its entitlement revenues in an endowment in
order to generate sufficient revenues to maintain the service enhancements at, er the five year
appropriation terminates.
6. Each City would submit a list of types of service enhancements which could be made if the measure
was approved by the required two-thirds majority of voters. The list could include the following
service improvements.
Provide funding:
a) allow libraries to be open more hours
b) more books and materials
c) special children's and young adult's programs
d) improved technology
e) enhanced reference service
t) adult literacy services
g) capital improvements - new or existing
Mr. Wasserman said a specific list, tailored to Encinitas, would be submitted to the City Council for approval.
The list needed to be specific enough to provide assurance to voters that funds would be spent for library
services.
The staffmcommendation was for the City Council to take the following action: (1) Approve the proposed
formula for allocation of 1/4 cent sales tax to be used exclusively for library services; (2) Agree to concept of
establishing an endowment of between 66% and 75% of revenues received to ensure continuation of service
enhancements after the five year term in which the tax will be levied; (3) Instruct staff to work with the
Friends of the Library to solicit proposals for expenditure of funds if the measure passes; (4) Schedule a
public meeting for the City Council to seek suggestions concerning how the funds could be spent.
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Hano moved, DuVivier seconded to approve the staff recommendation adding conditions 5, 6, & 7 to; · ~/
(I) Approve the proposed formula for allocation of 1/4 cent sales tax to be used exclusively for library .~
services; (2) A. gree .to concept of establishing an endowment of4~lif66..e~/3% of revenues received
to ensure contlnuatnon of service enhancements after the five y~r term in which the tax will be levied;
(3) Instruct staffto work with the Friends of the Library to sohcit proposals for expenditure of funds
if the measure passes; (4) Schedule a public meeting for the City Council to seek suggestions
concerning how the funds could be spent; (5) Add to list of Service Enhancements, "Furnishings and
Equipment" as determined by the Council; (6) when listing Service Enhancements, use dashes
instead of letters and; (7) advise the County that the list of Service Enhancements submitted by the
City of Encinitas were not in order of priority. Motion carried. Ayes: Aspell, Bond, Davis, DuVivier,
Hano; Nays: None.
ITEMS REMOVED FROM THE CONSENT CAI,F, NDAR BY COUNCIl,
None.
CITY COUNCIL/CITY MANAGER REPORT
City Manager introduced Colin Haley, the new Encinitas reporter from the North County Times.
Mayor Bond stated when the Policy Advisory Committee met, City Council travel expenses were discussed
and he would be repo~fing the Policy Committee's recommendation regarding Council travel expenses at a
future Council meeting.
Mayor Bond said the Policy Advisory Committee would not be changing the current Policy stating the City
would not pay for additional security for community events.
ADJOURNMENT
Mayor Bond declared the meeting at 8:34 P.M.
e~rr~e'rvone, City Clerk
By: Kathy Greene,
Deputy City Clerk
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