1987-09-28MINUTES OF ENCINITAS CITY COUNCIL MEETING, SEPTEMBER 28, 1987,
7:00 p.m., 535 ENCINITAS BOULEVARd, SUITE 100
1. CALL TO ORDER / ROLL CALL
Mayor Gaines called the meeting to order at 7:04 P.M.
Present:
Mayor Marjorie Gaines, Council Members Greg Luke, Anne
Omsted, Gerald Steel.
Absent: Member Richard Shea
Also
Present:
City Manager Shafer, City Clerk Pool, .city Attorney
Roger Krauel, Community Development Director Murphy,
Public Works Director August, Community Services
Director Wigginton, Administrative Services Director
Benson, Fire Chief La Marsh, Sheriff's Captain Knowles,
Deputy City Clerk Cervone.
There being a quorum present, the meeting was in order.
2. PLEDGE OF ALLEGIANCE
3. SPECIAL PRESENTATIONS
Mayor Gaines read a proclamation announcing that the Encinitas-
Leucadia Chamber of Commerce, the California Coastal Commission
and local groups and residents of Encinitas were co-sponsoring
the Third Annual Beach Clean Up Day to be held October 10, 1987.
Lynn Russell of Mashburn Sanitation, presented the Council with
posters advertising the Clean-up day.
Mayor Gaines announced the city's Birthday Party celebration to
be held on October 1, at the City Hall and encouraged all to
attend.
Mayor Gaines stated she had received a request that the Sheriff's
Department remove an abandoned car in a ditch between 13th and
14th Street.
Member Omsted announced the participation of the ASB Student
Council members who were present and assigned to each of the
Encinitas Council members. They introduced themselves as:
Shelly Peterson, School Board Representative; Troy Shadian,
Treasurer; Rich Oesterheld, President; Rachel Lackey, Secretary;
Stefanie Farnsworth, Vice-President.
4. ORAL COMMUNICATIONS
Max Stewart, Developer of the "D" Street Park project, offered
his services for grading the existing park in addition to the
grading required for the new park area. He suggested that this
be done prior to the rainy season and requested that a grading
permit be issued expediently to accomplish this. Mayor Gaines
09-28-87 PAGE 1
Mtg. No 87-37, Bk 1, Page ~_~
C.C. 09-28-87
requested City Manager Shafer to work with' Mr.. Stewart to
expedite the permit process.
Betty Knutson presented the City with 50 vases for flowers to be
used in the City's Birthday celebration, on behalf of the Cardiff
Chamber of Commerce.
Chuck Ades requested the City to send a letter to the County
Board of Supervisors supporting the Farm Extension Program,
Flower Association and 4-H Chapters within Encinitas. He stated
that the funds that supported the programs were being diverted.
The Board of Supervisors meeting was to take place within one
week, and he requested action from Council as soon as possible.
Omsted moved, Steel seconded to add this item to the agenda due
to the deadline. Motion carried. Ayes: Gaines, Luke~ omsted,
Steel; Nays: None; Absent: Shea.
Luanne Sobieski stated she felt the new 55 cent recycling fee was
an assessment and should have been voted upon by the citizens.
City Attorney Krauel explained that fees, unlike taxes, were
imposed for direct services rendered to the people and that
governments were authorized to impose a fee when there was a
direct relationship between the cost of providing the service and
the fee.
Jon Haugen spoke in opposition to the recycling fee and stated
that he felt Proposition 13 prevented Governments from charging
fees that were not voted upon by citizens.
Member Steel reminded Pat Murphy, Community Development Director,
of the report he had requested on what method was being used to
calculate density. He requested that a report be submitted to him
by the October 28th Council meeting.
5. CLOSING AND ADOPTION OF CONSENT CALENDAR
Approval of Minutes:
9/21/87.
Reqular Meetinq 9/14/87; Study Session
B. Approval of 9/28/87 Warrants List.
Adoption of Ordinance 87-75 Authorizinq Contract with Public
Employees Retirement System
Introduction of Ordinance 87-76 Amendinq Chapter 2.38,
Increasinq Size of parks and Recreation Commission to Seven
Members.
E. THIS ITEM WAS DELETED FROM THE AGENDA.
Desiqnation of City Clerk as the Official to Prepare
Summaries of Ordinances for Publication.
G. Adoption of Resolution 87-104, Regardinq Provisions of
C.C. 09-28-87
Services and Equipment to San Dieguito water District.
Approval of Agreement with CalTrans for Traffic Signal
Maintenance.
I. THIS ITEM WAS DELETED FROM AGENDA.
Je
Approval of Implementation Agreement and Adoption of
Resolution 87-105 Approving Use of "Thirteenth Year" CDBG
Funds.
Items 5-K, 5-L, and 5-M were removed from the consent calendar.
Ordinances 87-75, 87-76 and 87-77 were read by Titl'e.
Omsted moved, Luke seconded to waive further reading of the
Ordinances. Motion carried. Ayes: Gaines, Luke, Omsted, Steel;
Nays: None; Absent: Shea.
Omsted moved, Luke seconded to Close and Adopt the Consent
Calendar with the above items removed. Motion carried. Ayes:
Gaines, Luke, Omsted, Steel; Nays: None; Absent: Shea.
5-K. Report from City Attorney for Council Decision Whether to
Approve Use of a Campaign Contribution Disclosure Form for
Parties/Participants in Quasi-Judicial Determination.
City Attorney Krauel brought to Council's attention a requirement
that city Council members, Board members and Commission members
disqualify themselves from considering an application for
license, permit or other entitlements for use, if the member
received a campaign contribution of $250 or more during the
preceding 12 months from: (1) any person who files an application
or is the subject of the matter involving a license, permit and
other entitlement for use; or (2) A person who had a financial
interest in the decision and who actively supported or opposed
the decision. City Attorney Krauel suggested that a process
could be developed for disclosing contributions on Speaker's
Slips or Applications for licenses or permits submitted by
citizens.
Luke moved, Omsted seconded to review this issue after campaign
contribution regulations were adopted. Motion carried. Ayes:
Gaines, Luke, Omsted, Steel; Nays: None; Absent: Shea.
L. Status Report Regarding Establishment of Truck Routes.
Council agreed that truck routes should be established and
enforced prior to January 1, 1988. It was suggested that an
interim policy be adopted until the General Plan was completed.
Mort August, Public Works Director, reported that he felt the
signs could be put up and the Sheriff's Department notified for
enforcement by January 1, if the routes were determined as soon
as possible.
09-28-87 PAGE 3
Mtg. No 87-37, Bk 1, Page
C.C. 09-28-87
Steel moved, Luke seconded to -adopt Resolution 87-107
establishing the truck routes: (1) Encinitas Boulevard from
Highway 101 to the Intersection of Rancho Santa Fe Road; (2) E1
Camino Real (and it's extension of Manchester from the Freeway)
north to Carlsbad City limits; (3) Olivenhain Road, Eastward,
from E1 Camino Real to the City's boundary; (4) San Diego
Freeway, in both directions, within the city Limits. Motion
carried. Ayes: Gaines, Luke, Steel. Nays: Omsted; Absent:
Shea.
5-M Adoption of Resolution 87-106 Regarding Employee Holidays.
City Manager Shafer informed Council that under State law, if a
holiday schedule was not established, the City would be pre-
empted by the State's 13-day holiday schedule. Staff recommended
adoption of Resolution 87-106 recognizing 9 holidays and 2
floating holidays.
B. Smith stated he would like Council to adopt the employee's
benefit package in it's entirety instead of piece by piece.
Luke moved, Steel seconded to adopt Resolution
Establishing Employee Holidays. Motion carried. Ayes:
Luke, Omsted, Steel; Nays: None; Absent: Shea.
87-106
Gaines,
6. UNFINISHED BUSINESS
Report on San Elijo Nature Center and Emergency Storage for
Sewaqe PumD Station.
City Manager Shafer stated that the emergency storage tank was
approximately 90% completed and the County Parks Department
indicated that they were going to proceed with construction of
the pump station, a parking lot and landscaped trails, with funds
currently available. The start-up date for construction was
targeted for April 1988. He stated that an agreement involving
the Liquid Waste Division of the County Public Works Department
and County Parks Department would be brought to the Cardiff
Sanitation District meeting in October clarifying what parties
were responsible for what portion of the project.
Betty Knutson stated that the Cardiff Chamber had developed a
Resolution asking the Council to reconsider and approve the
development of a Nature Center at the San Elijo Lagoon.
James Statser stated that he felt the Nature Center was still
possible with the City funds available. In addition, he stated
that the City should pursue development of the property along the
railroad as parkland.
09-28-87 PAGE 4
Mtg. No 87-37, Bk 1, Page~
C.C. 09-28-87
Review of Joint Powers Authority 'Agreement and Allocation of
Funds for Formation of JPA for Land Filling and Recylcing
Operation.
Mayor Gaines reported that a meeting was held by a number of
North County cities to consider developing a JPA to site and
operate a Land fill and recycling operation. It was decided that
those participating cities would donate $1,000 to hire a Project
Manager and for legal assistance to develop a work-plan for
the JPA program. Member Steel requested that Article 7.01 of
the agreement be reworded in reference to the agreement being
effective when all the eligible agencies authorize execution of
the agreement, due to the fact that possibly not all agencies
would participate. City Attorney Krauel suggested that attorney
Dwight Worden review the agreement and make the appropriate
changes since it originated from his office.
Steel moved, Omsted seconded to donate $1,000 to the JPA program.
Motion carried. Ayes: Gaines, Luke, Omsted, Steel; Nays:
None; Absent: Shea
C. Continued Discussion Regarding Possible Use of TOT Money.
City Manager Shafer reported that Staff had met with Encinitas-
Leucadia and Cardiff Chambers for further clarification of their
goals for the use of the TOT money. It was estimated that a
report of such goals would be available for the October 14th City
Council meeting. Member Luke stated he would like to see two
additional projects added to the list. (1) Bike-path
improvement along highway 101 through the Leucadia area; and (2)
a campaign launched for the City to acquire the San Elijo Lagoon
from the County.C~~ ~%u~ ~~ ~ ~ ~_%~ ~o%~v.
D. Continued Discussion Regarding Work Program and Roao
Standards for Olivenhain CAB Area.
Pat Murphy, Community Development Director, provided Council with
an alternative for meeting the required Public Improvements for
the Olivenhain area to represent a more rural atmosphere. He
proposed adoption of a policy which deferred the road improvement
requirements until the General Plan was completed. He supported
the CAB's recommendations, except that he recommended the use of
concrete rolled curbs instead of asphalt, for maintenance and
longevity purposes. Mayor Gaines requested that the concrete be
colored to match the dirt surrounding the curb.
Jim Statser recommended that stamp-crete be used on the curbs for
aesthetic purposes.
Steel moved, Omsted seconded to adopt the policy of deferring
street improvements in the Olivenhain area and to concur with
staff reco~unendation of concrete curbs and the CAB's option for
color. Motion carried. Ayes: Gaines, Luke, Omsted, Steel;
Nays: None; Absent: Shea.
09-28-87 PAGE 5
Mtg. No 87-37, Bk 1, Page.
C.C. 09-28-87
NEW BUSINESS
Report on Areas of Concern in Proposed County General Plan
Amendment 87-03.
Community Development Director Murphy reported that the County
had proposed several changes to the San Dieguito portion of the
County General Plan under County Plan Amendment No. 87-03 and
in July the Council received a draft EIR for those proposals. At
that time, the City notified the County of concerns and the
County held public hearings on Amendment 87-03. He reported the
concerns still existed and should be addressed by Council prior
to the Board of Supervisor's October 14, 1987 hearing. These
issues included: (1) land use changes in the upper San Dieguito
River Valley area; (2) Circulation elements involving a.southerly
extension of Melrose Avenue in Carlsbad to planned SA 680 'and a
proposed upgrade of SA 680 from Leucadia Boulevard to E1 Camino
Real from a major road to a prime arterial; and (3) A proposed
requirement of reservation/dedication of SA 680 prior to
annexation of the Ecke Ranch (which could impact the new Post
Office site).
Member Steel requested Staff to meet with John McDonald regarding
the City's concerns.
Steel moved, Gaines seconded to support staff's recommendation
and draft a concise report identifying the City,s concerns
opposing these changes. Motion carried: Ayes: Gaines, Luke,
Omsted, Steel; Nays: None; Absent: Shea.
Mayor Gaines declared a recess from 8:55 P.M. to 9:05 P.M.
8. ADMINISTRATIVE MATTERS
Continued Initial Consideration of Appeal by A1 Mayo of
Decision of Planning Commission Denying Time Extension for
TM 4446.
Member Luke left the chambers to avoid any possible conflict of
interest.
Patrick Murphy, Community Development Director, reported that the
Planning Commission disapproved this request for a time extension
on August 11, 1987, upon the Olivenhain CAB's recommendation. He
recommended that Council concur with the Commission's decision.
Member Steel stated that the map had been revised several times
throughout the process and the current map had not been seen by
the CAB or the Planning Commission. Council agreed that the
applicant should go through the complete process with a revised
map.
Gaines moved, Steel seconded to uphold the Planning Commission's
decision to deny a time extension for TM 4446. Motion carried.
Ayes: Gaines, Omsted, Steel; Nays: None; ;tbsent: Shea;
Luke
09-28-87 PAGE 6
Mtg. No 87-37, Bk 1, Page 3
C.C. 09-28-87
Member Luke returned to Chambers.
Be
Initial Consideration of Appeal by Jerry Peters of Inability
of Planning Commission to Reach a Decision on the ADpeal of
the Cardiff CAB's Denial of a Design Review Permit for Two
Zero Lot Line Single Family residences at 2136 and 2140
Glasgow Avenue.
Community Development Director Pat Murphy reported that the CAB
had approved two northerly units but denied the southerly units
due to view blockage mass/bulk and intrusion on the privacy of a
neighboring single-family home. Mr. Peters had appealed this
decision to the Planning Commission, however, they were unable to
reach a decision on the appeal and voted to refer the matter to
the city Council. Staff recommended that the appeal be heard by
the Council.
Omsted moved, Gaines seconded to deny hearing the appeal.
Member Luke stated he felt the CAB was the forum to address
design review and not the Council. He recommended that Mr.
Peters resubmit the proposal at the CAB level.
Motion carried. Ayes: Gaines, Luke, Omsted, Steel; Nays:
None; Absent: Shea.
Initial Consideration of Appeal by Georqe Tomazewski of
Director of Public Works' Determination Concerning Setback
from Center Line at 1593-5 San Elijo Avenue.
Public Works Director Mort August reported that the project did
not conform to the required setbacks established for San Elijo
Avenue. The applicant was notified that he would have to modify
his plans and move his project back 10 feet from the street. He
requested a waiver from the Public Works Director which was
denied based on Municipal Code, Chapter 23.36.030(B) which reads:
"Without exception, no development shall violate the set-back
requirements established by this chapter". Mort August
recommended that Council uphold his decision.
Council agreed they could not grant a waiver pursuant to the
Municipal Code, however, they directed the Public Works Director
to advise Mr. Tomazewski of additional options he might take to
pursue his goal.
Steel moved, Luke seconded to uphold the Public Works Director,s
decision without prejudice and that the applicant be advised he
might pursue other options such as a variance. Motion carried.
Ayes: Gaines, Luke, Omsted, Steel; Nays: None; Absent: Shea.
D. Status Report on Plans for Celebration of Encinitas' First
Birthday and the Constitution's 200th.
Community Services Director Wigginton gave a status report on the
birthday celebration scheduled for October 1, from 4:00 PM to
09-28-87 PAGE 7 Mtg. No 87-37, Bk 1, Page ~_~
C.C. 09-28-87
7:00 PM. He stated that two bands were schedule~ to perform; Cub
Scout pack 797 was scheduled to present the colors; awards would
be issued for various achievements; and prizes for children would
be distributed. In addition, Supervisor Susan Golding, and
Assemblywoman Sunny Mojonnier were scheduled to attend. He
encouraged everyone to attend.
Mr. Ades' request for a letter to be sent to the County
Board of Supervisors Askinq for Financial Support of the
Farm Extension Proqrams in Encinitas.
Omsted moved, Steel seconded to send a letter to the County Board
of Supervisors supporting funding for the Farm Extension programs
in Encinitas. Motion carried. Ayes: Gaines, Luke, Omsted,
Steel; Nays: None; Absent: Shea.
8. ADJOURNMENT
Mayor Gaines declared the meeting adjourned at 9:39 P.M.
Marj or~j~aines, Mayor
E. Jane -Pool, City Clerk
By: Deborah Cervone, Deputy
City Clerk
09-28-87 PAGE 8
Mtg. No 87-37, Bk 1, Page