1989-02-22MINUTES OF ENCINITAS CITY COUNCIL REGULAR MEETING, FEBRUARY 22,
1989, 7:00 P.M., 535 ENCINITAS BOULEVARD, SUITE 100
1. CALL TO ORDER / ROLL CALL
Mayor Omsted called the meeting to order at 7:03 P.M.
Present: Mayor Anne Omsted, Council Members Marjorie Gaines,
Gail Hano, Richard Shea, Pam Slater
1. CALL TO ORDER / ROLL CALL
Also
Present:
city Manager Shafer, City Attorney Krauel, City Clerk
Pool, Public Works Director August, Administrative
Services Director Benson, Community Development
Director Murphy, Community Services Director
Wigginton, Deputy City Clerk Cervone, Fire Chief La
Marsh.
There being a quorum present, the meeting was in order.
2. PLEDGE OF ALLEGIANCE
3. SPECIAL PRESENTATIONS / PROCLAMATIONS
Proclamation Supportinq the San Dieqo/Imperial Counties Chapter
of the American Red Cross' "ONE IN A MILLION" proqram, March 1,
1989.
4. ORAL COMMUNICATIONS (15 MINUTES)
Council Member Gaines encouraged people to attend an anti-
cocaine film playing in Carlsbad on February 24, 1989, entitled
"White Girl" with proceeds to help in the fight against drugs.
Charlotte Shipman protested the installation of a 10 foot
"stop ahead" sign in front of her house in conjunction with the
Chesterfield traffic mitigation. Staff was directed to put the
issue on the next study session agenda.
Fred McGee expressed concern over migrant camping in his
neighborhood. He asked Council to remove the migrants from
the canyons and streets throughout the City.
Diane Fradin also asked for immediate action to remove the
migrant camping on the landfill site. She urged Council to
authorize payment for cleaning up the area.
Gregg Mills asked that the property located at 255 May Court be
zoned for agricultural and church use.
Robert Barelmann asked that the migrant workers be removed from
the landfill site.
CITY COUNCIL MEETING 02/22/89
Ruthann White commended Council for their recent decision
regarding the migrant camping on the landfill site.
Mike White stated he felt the migrant 'camping issue should be
brought up at every meeting with corresponding staff progress
reports. He asked what and when the next steps would be taken.
5. CLOSING AND ADOPTION OF CONSENT CALENDAR
Council Member Gaines removed Item J from the Consent Calendar.
* The title of ordinances listed on the Consent Calendar are
deemed to have been read and further reading waived.
ae
Approval of Minutes: Special Meeting 1/28/89; Special
Meeting 2/8/89, 6:00 P.M.; Special Meeting 2/8/89, 7:00
P.M.
Be
Approval of 2/22/89 Warrants List.
Adoption of Resolution 89-11 Approving
Reclassified Personnel Positions. (Contact
Assistant City Manager Benson)
New and
Person:
De
Approval of Revised and Extended Lease Purchase Agreement
for Pitney Bowes Copiers. (Contact Person:
Manager Benson.)
Assistant City
Ze
*Adoption of Ordinance 89-04 Repealing Chapter 23.32 of
the Municipal Code. (Contact Person: Public Works
Director August)
Fe
Adoption of Resolution 89-12 Extendinq Workers'
Compensation Coveraqe to Volunteers. (Contact Person:
Assistant city Manager Benson)
G. *Introduction of Ordinance 89-05 Establishing a Senior
He
citizen Commission for the City of Encinitas.
Person: Community Services Director Wigqinton)
(Contact
Award Contract to Schaefer Construction for Construction
of Pedestrian Ramps at Various Locations for an Amount
not to Exceed $62,480. (Contact Person: Public Works
Director August)
*Introduction of Ordinance 89-06 Amending Municipal Code
Section 2.34.020 Subsection B and C, Clarifyinq
Qualifications for Appointment to the Planning Commission.
(Contact Person: city Clerk Pool)
Ke
Adoption of Resolution 89-13 Authorizing City to Consent
to and Accept Deed for Villaqe Park Fire Station Purchase.
(Contact Person: Fire Chief LaMarsh.)
02/22/89 PAGE 2 MTG#~9-~9,BK#3, PAGE
CITY COUNCIL MEETING 02/22/89
Gaines moved, Shea seconded to close and adopt the Consent
Calendar with Item J removed. Motion carried. Ayes: Gaines,
Hano, Omsted, Shea, Slater; Nays: None.
6. NEW BUSINESS
ae
Discussion of Possible Pipeline Status for Projects
Currently in Process to be Exempted from the Zoninq Code /
General Plan. (Contact Person: Community Development
Director Murphy)
Pat Murphy, Community Development Director, provided several
options for dealing with Pipeline Projects and asked for
Council direction.
Paul Friedman urged Council to not adopt a pipeline policy and
to make projects conform to the new General Plan. He stated
the appeal process should be the only alternative for pipeline
projects.
Nancy Tougaw also urged Council not to develop a pipeline
policy to maintain' control over the pipeline projects that may
not conform to the General Plan.
Nazzareno Pignotti stated that adopting a pipeline policy
would be setting a dangerous precedent.
Rose Rothe spoke in opposition to adoption of any pipeline
policy.
Thure Stedt supported adoption of a pipeline policy. He
stated that commitments were made when permits were obtained
and applicants should not have to abide by new rules. He urged
Council to adopt Staff's alternative #3.
Wayne Pasco also stated support for Staff's alternative #3.
Gerry Dawson also supported alternative #3 stating once the
project application and fees were paid, pipeline status should
be given to these projects with possibly issuing special
permits.
Jeannie Goodsell spoke in opposition to a pipeline policy for
those projects that did not conform to the General Plan.
Lee Rotsheck urged Council to adopt a pipeline policy.
Charles Marvin supported Staff's alternative #3 stating people
had already gone through the correct channels and had played by
the rules and he felt it wasn't fair to change the rules.
02/22/89 PAGE 3 MTG#~-~9,BK#3, PAGE_/~h~
CITY COUNCIL MEETING 02/22/89
Gaines moved, Slater seconded that those projects that had
valid building permits be exempted. Motion carried. Ayes:
Gaines, Hano, Omsted, Shea, Slater; Nays: None.
Gaines moved, Slater seconded that all approved tentative maps
or tentative parcel maps may obtain final approval to create
the proposed lots if all conditions were satisfied. Motion
carried. Ayes: Gaines, Hano, Omsted, Shea, Slater; Nays:
None.
Gaines moved, Slater seconded that construction of buildings on
legally created lots shall be in accordance with the municipal
code except: if a proposed building has obtained a variance,
Use Permit or other entitlement from the city of Encinitas and
the entitlement is valid, then the project may obtain a
building permit and be constructed. Motion carried. Ayes:
Gaines, Hano, Omsted, Shea, Slater; Nays: None.
City Attorney Krauel was directed to bring back proposed
wording regarding public improvements .required from prior
permits.
Gaines moved, Slater seconded that all applications that had
not received approval by the appropriate City bodies by the
date the General Plan is adopted, must conform to the new
zoning ordinance, General Plan and Municipal Code; and merely
applying for a permit does not constitute vesting. Motion
carried. Ayes: Gaines, Omsted, Shea, Slater; Nays: Hano.
Gaines moved, Slater seconded to direct staff to develop a
program of identifying the status of various projects to the
public and notifying those people who have already made
application of the new policies. Motion carried. Ayes:
Gaines, Omsted, Shea, Slater; Nays: Hano.
Shea moved, Slater seconded that valid County permits should
not be arbitrarily cancelled but reviewed by the Planning
Commission to determine if they are in compliance with the new
General Plan; and the Planning Commission would be authorized
to impose conditions to make them conform and allow the
projects to proceed." Motion carried. Ayes: Gaines, Omsted,
Shea, Slater; Nays: Hano.
Gaines moved, Shea seconded to adopt a policy for granting
extensions for permits which were about to expire. The
Planning Commission would review the projects for consistency
with the Municipal Code and new General Plan and would be
authorized to impose conditions to make them conform and allow
the projects to proceed. Motion carried. Ayes: Gaines,
Omsted, Shea, Slater; Nays: Hano.
Staff was directed to bring back a policy for formal adoption.
CITY COUNCIL MEETING 02/22/89
Mayor Omsted called a recess from 8:50 to 9:00.
Be
Initial Consideration by Don Fallon, Applicant, Appealinq
the Planninq Commission's Denial 'Without Prejudice of a
Tentative. Map for 5 Lots Located at the Southerly terminus
of Crystal Ridge Road. Case # 88-250/TM (Contact Person:
Community Development Director Murphy).
Pat Murphy, Community Development Director, stated that the
Olivenhain CAB had referred this issue to the Planning
Commission relative to whether manufactured slopes of 25% or
more should be deducted from lot area in determining density.
The Planning Commission had reviewed the application and
determined that manufactured slopes should not be deducted from
lot area in determining density, that this site was not
physically suitable for the proposed development of 5 lots, and
had denied the map, without prejudice. However, the applicant
had submitted new information that the proposed lots had
approximately the same buildable area as the lots directly
adjacent to the west in the Barratt .project, and larger
buildable area than the lots to the west across Calle San
Clemente. He recommended that, after reviewing the newly
submitted information, it was appropriate for the Council to
refer the new information back to the Planning Commission since
this information had not been heard at that level.
Hano moved, Slater seconded to refer the project and new
information back to the Planning Commission for their review
and consideration. Motion carried. Ayes: Hano, Gaines,
Omsted, Shea, Slater; Nays: None.
Initial Consideration by Lester Young, Applicant,
Appealing the Community Development Director's Decision to
Require a Focused Environmental Impact Report for the San
Dieguito Financial Center Office Project of 45000 Square
Feet Located on the North Side of Encinitas Boulevard,
East of Saxony Road and San Dieguito Bank. Case ~ 88-
367. (Contact Person: Community Development Director
MurDh¥)
Pat Murphy, Community Development Director, stated Mr. Young
was appealing the focused EIR requirement due to his already
having submitted geotechnical reports, noise analysis and
detailed grading, drainage and erosion control plan.
Hano moved, Gaines seconded to affirm the determination of the
Community Development Director and require a focused
Environmental Impact Report. Motion carried. Ayes: Hano,
Gaines, Omsted, Shea, Slater; Nays: None.
De
Initial Consideration of Appeal of Decision by Director of
Public Works Requirinq an Irrevocable Offer of Dedication
in conjunction with Buildinq Permit for Sinqle Family
02/22/89 PAGE 5 MTG#~9-19,BK#3, PAGE 10q
CITY COUNCIL MEETING 02/22/89
Residences at 2136 and 2140 Glasqow Avenue (Peters /
Kinsman). (Contact Person: Public Works Director August)
Deputy Mayor Slater and Council Member Hano left the Council
Chambers since they had heard the project while on the Planning
Commission.
Mort August, Public Works Director, stated that for the
project located at 2136 and 2140 Glasgow Avenue, Mr. Peters was
appealing the requirement to provide an Irrevocable Offer of
Dedication of ten feet to meet the standard right-of-way
mandated by the Municipal Code. Mr. Peters contended that it
was a financial burden, that other property owners were not
required to do this, and that it would never be used since the
project was situated 5 feet from the property line. Mr. August
recommended denying the initial consideration and upholding the
Director of Public Works' decision.
Gaines moved, Omsted seconded to continue the Initial Consider-
ation to a subsequent meeting until further information was
obtained regarding the setback. Motion carried. Ayes:
Gaines, Omsted, Shea; Nays: None; Abstain: Hano, Slater.
Deputy Mayor Slater and Council Member Hano returned to the
Chambers.
E. Discussion of Possible Closure of 1st Street to Staqe the
DEMA Street Faire. (Contact Person: City Manaqer Shafer)
City Manager Shafer said he was bringing this issue before
Council because of its precedent setting possibilities.
Gaines suggested as a policy: The City will review requests
for temporary closures of public roadways for purposes of
special events on a case-by-case basis. Where an annual event
is conducted, Council will only be required to initially
approve the closure and then only the Public Works Department's
subsequent approval would be needed on an annual basis.
John Gessel, President of DEMA, and DEMA member Lori Michaels
stated a recent survey that they had conducted reflected that
the majority of businesses in the downtown area supported the
street closure and felt it would benefit them.
Gaines moved, Hano seconded to approve the closing of First
Street from "D" Street to "H" Street, to Stage the DEMA Street
Faire subject to compliance with other Municipal Codes. Motion
carried. Ayes: Gaines, ~ano, Omsted, Shea, Slater; Nays:
None.
Staff was directed to bring back for Council consideration a
draft policy relating to temporary road closures for special
events.
02/22/89 PAGE 6 MTG#~-Ig, BK#3, PAGE
CITY COUNCIL MEETING 02/22/89
Fo
Discussion of Formation and Composition of the Citizen's
Ad Hoc Committee for Developinq Design Standards for
Leucadia Blvd. East of I-5.
Karen Kaden requested that the AdHoc committee be composed of
only Leucadia residents. She also stated that she felt
formation of the committee was premature since the Ecke
property had not been annexed, and that City resources should
be spent on existing roadways. Further, that a Carlsbad
project had recently been approved based on the City of
Encinitas' recently approved direct Leucadia connection. She
stated that she felt this verified the fact that Carlsbad could
overdevelop and depend on Encinitas' road system to support
their development.
Dolores Welty opposed forming the committee at the present
time, stating that designating the lines on the map for the
direct connection, and not developing the road, would only
encourage other communities to base theSr decisions on this
road designation.
Public Works Director August stated that a policy had been
included in the General Plan which stated that a committee
would be developed to deal with the existing buildings on
Leucadia Boulevard.
Slater moved, Hano seconded that the status of the committee
should be focused on deciding the roadway width and that the
issue of a direct connection should not be discussed. Motion
carried. Ayes: Gaines, Hano, Omsted, Shea, Slater; Nays:
None.
Slater moved, Hano seconded that the Leucadia CAB plus 10 other
members would be the advising body, and the Leucadia CAB would
be responsible for selection of the members. Motion carried.
Ayes: Gaines, Hano, Omsted, Shea, $1ater; Nays: None.
Request for Allocation of Additional Fundinq and Award
Contract for Cardiff-by-the-Sea Sports Park Development to
Marina Construction for an Amount of $546,022. (Contact
Person: Community Services Director Wiqqinton).
Community Services Director Wigginton recommended funding as
follows: allocate $51,000 of Gas Tax to develop the street
related improvements; authorize the $132,00 in State Park Bond
Act funds to be used for the development of the sports park;
allocate $49,000 from the General Fund to cover phase I
increased project costs; and award the construction contract in
the amount of $546,022 to Marina Construction.
Slater moved, $hea seconded to approve Staff recommendation.
CITY COUNCIL MEETING 02/22/89
Council Member Gaines requested that funding be approved for
Phase I and phase II of the sports park.
Slater and Shea moved to amend the motion to also approve
$408,000 for Phase II of the project and authorize
reprogramming of $156,000 from the Park Bond Act toward future
park projects in FY 89-90. Motion carried. Ayes: Gaines,
Hano, Omsted, Shea, Slater; Nays: None.
Ho
Council Discussion on the Proposed County Application by
KPRZ Radio 1210 for a Vertical Antenna and Support System
Located at 3951 Canyon De Oro Road in the County
Unincorporated area, Olivenhain Sphere of Influence.
No. P88-320.
Case
Community Development Director Murphy reported that he had been
attempting to get a copy of this application and confirmation
as to when this item would be before the County PERB for
public comment but had not received any information. However,
he believed that the item would be scheduled on February 23,
1989.
Council Member Gaines stated that when the initial project was
approved several years earlier, landscaping and fencing was to
have been installed but it never was. She did not support the
application.
Gaines moved, Slater seconded to request that the County deny
the application for a vertical antenna and support system.
Motion carried. Ayes: Gaines, Hano, Omsted, Shea, Slater;
Nays: None.
7. ITEMS REMOVED FROM THE CONSENT CALENDAR BY COUNCIL
Je
Report on No Parkinq on E1 Camino Real. (Contact Person:
Public Works Director Auqust.)
Gaines asked why curbs couldn't be painted red rather than
installing no parking signs. Public Works Director August
stated that because of maintenance costs for painted curbes,
signs are less expensive and last longer.
Gaines moved, Slater seconded to approve Staff recommendation
of installing No Parking signs along E1 Camino Real. Motion
carried. Ayes: Gaines, Hano, Omsted, Shea, Slater; Nays:
None.
8. CITY COUNCIL / CITY MANAGER REPORTS
Information Items -- No Action to be Taken
CITY COUNCIL MEETING 02/22/89
Mayor Omsted reported she had attended the League of California
cities luncheon for Mayors and City Managers.
Mayor Omsted asked for Council's support of AB 52 and 53
currently in the State Assembly regarding utility mergers and
asked that discussion of the bills be placed on the next
agenda.
Deputy Mayor Slater requested Council to consider looking at
possible modification to the growth control requirements in
the proposed General Plan in relationship to the redevelopment
program.
Council Member Hano suggested that each Council Member write a
letter in support of offshore preserves.
The City Manager advised that the City would be reporting to
neighbors and the community the status of clearing migrant
camps.
9. ADJOURNMENT
Mayor Omsted declared the meeting adjourned at 10:07 P.M.
Anne Omsted, Mayor
E. Jane Pool, City Clerk /
Director of Legislative
Services
By: Deborah Cervone,
Deputy City Clerk