1989-05-24MINUTES OF ENCINITAS CITY COUNCIL REGULAR MEETING, MAY 24,
1989, 7:00 P.M., 535 ENCINITAS BOULEVARD, SUITE 100
1. CALL TO ORDER / ROLL CALL
Mayor Omsted called the meeting to order at 7:01 P.M.
Present:
Mayor Anne Omsted, Council Members Marjorie Gaines,
Gail Hano, Richard Shea, Pam Slater
Also
Present:
Assistant City Manager Benson, City Attorney Krauel,
Public Works Director August, Community Development
Director Murphy, Community Services Director
Wigginton, Deputy City Clerk Cervone, Fire Chief La
Marsh, Sheriff's Captain Apostolos.
There being a quorum present, the meeting was in order.
2. '~LEDGE OF ALLEGIANCE
3. SPECIAL PRESENTATIONS / PROCLAMATIONS
Mayor Omsted announced that it was Public Works Week and Public
Works Director August presented all Council Members with a
commemorative hard hat. Mayor Omsted also announced that City
Attorney Krauel had recently been promoted to Colonel in the
United States Army.
4. ORAL COMMUNICATIONS (15 MINUTES)
Betsy Schreiber stated she had heard that a proposal was being
made to site the new City Hall at Oak Crest Park. She stated
opposition to this proposal.
Robert Beiner urged Council to approve and adopt the Oak Crest
Master Plan as currently written.
Betsy Schreiber reported that honor work crews had destroyed
foliage on her property while working on Encinitas Boulevard.
She asked that the situation be rectified. Mayor Omsted
informed her that she would be receiving a letter from the
Public Works Department regarding her complaint.
Council Member Gaines asked that the issue of K-Praise's
transmission expansion be added to the agenda due to the issue
arising within the last 24 hours in which the County approved
their application to increase the radio tower, and should the
city elect to, an appeal would need to be submitted by the 30th
of May.
05/24/89 PAGE 1 MTG#89- S~ ,BK#3, PAGE
Gaines moved, Slater seconded to add this item to the agenda as
item 7-M. Motion carried. Ayes: Gaines, Hano, Omsted, Shea,
Slater; Nays: none.
5. CLOSING AND ADOPTION OF THE CONSENT CALENDAR
* The title of ordinances listed on the Consent Calendar are
deemed to have been read and further reading waived.
Items D and J were removed from the consent calendar by members
of the public. Item G was removed by Mayor Omsted and was
heard at the end of the agenda.
A.
Approval of Minutes: Special Meeting 05/08/89.
Person: City Clerk Pool.
Contact
B. Approval of 5/24/89 Warrants List. Contact Person:
Assistant City Manaqer Benson.
Ce
Eo
*Adoption of Ordinance 89-15 Amendinq Municipal Code
Chapter 1.12 Relating to the Process for Appeals. Contact
Person: City Attorney Krauel.
*Adoption of Ordinance 89-17 Amendinq the Subdivision and
Desiqn Review Sections of the Municipal Code to Require a
Traffic Study for Submittal of Tentative Map and Desiqn
Review Applications. Contact Person: Community Development
Director Murphy.
*Adoption of Ordinance 89-18 Relatinq to Prohibition of
Scavenqinq. Contact Person: Management Analyst Flores.
*Introduction of Ordinance 89-20 Amendinq Municipal Code
by Adding Certain Positions/Committees to List of Filers
of Statements of Economic Interests. Contact Person: City
Clerk Pool.
Award of Bid to Western Tree Service in the Amount of
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$55,565 for Street Tree Removal and Safety Pruninq.
Contact Person: Public Works Director Auqust.
Authorization for Review of city Council/District
Compensation and Benefits. Contact Person: Policy
Committee.
Shea moved, Hano seconded to close and adopt the Consent
Calendar with items D, G, and J removed. Motion carried.
Ayes: Gaines, Hano, Omsted, Shea, Slater; Nays: None.
05/24/89 PAGE 2 MTG#89-~ ,BK#3, PAGE
CITY COUNCIL MEETING 05/24/89
Adoption of Ordinance 89-16 Amending Municipal Code
Section 23.36.010 Reqardinq Statement of Intent for Right-
of-Way and Street Improvement Standards. Contact Person:
Public Works Director August.
Kelly Hicks asked if the provisions within the ordinance
requiring right-of-way dedication could be appealed.
Public Works Director August stated the change in language of
the ordinance was intended to only clarify the existing code.
He further stated there were provisions for a waiver of the
requirements, to be determined by the Public Works Director,
based upon specific findings.
Omsted moved, Slater seconded to adopt Ordinance 89-16.
carried. Ayes: Gaines, Hano, Omsted, Shea, Slater;
None.
Motion
Nays:
Je
Adoption of Resolution 89-27 Authorizing Lease Aqreement
and Siqnatories in the Amount of $361,530 for Vehicle and
Equipment Lease Purchase Financinq. Contact Person:
Administrative Services Director Benson.
B. Smith asked if this financing agreement was going to be
opened for competitive bidding on an annual basis.
Assistant city Manager Benson explained that after reviewing
seven financing institutions' proposals, Municipal Leasing
Associates provided the lowest cost and also offered viable
alternatives for future considerations. He further stated that
in the future, the amount would be significantly less and may
not justify the cost of preparing another RFP. He stated that,
if Council felt that the institution was no longer providing a
cost savings, the city had no obligation to continue with them.
Gaines moved, Slater seconded to Adopt Resolution 89-27
authorizing the lease agreement and signatories in the amount
of $361,530 for vehicle and equipment lease pure. base financing
with Municipal Leasing Associates. Motion carried. Ayes:
Gaines, Hano, Omsted, Shea, Slater; Nays: None.
6. ADMINISTRATIVE HEARING
ae
Administrative Hearinq (Continued from May 10) on Appeal
Relatinq to Expiration of Buildinq & Use Permit for Cresta
Mesa Facility, Russell Clark, Appellant. Contact Person:
City Planner Weedman.
Community Development Director Murphy reported
applicant had withdrawn the appeal.
that the
CITY COUNCIL MEETING 05/24/89
7. NEW BUSINESS
ae
Initial Consideration of Appeal Filed by Robert Anderson
of Planninq Commission's Conditional Approval to Require
Secondary Access from the Heidari (88-183/TM) Tentative
Map, Located off Rancho de Mayo (South of Shea Homes
Development.) Contact Person: Community Development
Director Murphy.
Community Development Director Murphy reported the appellant
had submitted a letter one day prior to the meeting,
requesting a continuance to allow him more time to submit
additional information. Mr. Heidari was asked if he opposed
continuing the initial consideration and he stated he was not
aware of any new information and therefore opposed continuance.
Council Member Gaines left the Chambers and did not participate
in the discussion due to a possible conflict of interest.
Omsted moved, Shea seconded to deny the Initial Consideration
and affirm the Planning Commission and CAB decision. Motion
carried. Ayes: Hano, Omsted, Shea, Slater; Nays: none;
Absent: Gaines.
B. Consideration of Establishment of 1989 Annual Housinq
Limitation as Required by General Plan Policy 4.1 of the
Land Use Element. Contact Person: Senior Planner Jones.
Senior Planner Jones explained how Staff arrived at the 1989
housing unit allocation of 157 dwelling units. He further
stated that of the 157 units, 74 must be set aside for the
City's "fair share" of low to moderate income housing.
Kelly Hicks asked for more information on the City's "fair
share" housing required by the State.
Mary Conway asked how the housing unit allocation would affect
her recent application for a single-family home. Mayor Omsted
suggested she speak to the Planning Department to obtain the
information she needed.
Melissa Allen presented statistics on the number of building
permit applications expected in the very near future stating
the allocated housing unit number could be reached very soon.
Slater moved, Shea seconded to set the housing ~nit allocation
limit at 157 dwelling units effective March 29, 1989 to the end
of the calendar year and also set a limit of 157 dwelling
units for the entire calendar year of 1990. Motion carried.
Ayes: Gaines, Omsted, Shea, Slater; Nays: Hano.
05/24/89 PAGE 4 MTG#89-~ ,BK#3, PAGE
CITY COUNCIL MEETING 05/24/89
Council was also asked for direction on the following
questions:
What should happen to affordable set-aside numbers when a
portion of the City's "fair-share" is satisfied by second
units?
Gaines moved, Shea seconded to count second units, that meet
the criteria for affordable housing, against the City's "fair
share" allocation; and delete the word "affordable" and use
the words "low to moderate income and senior housing." Motion
carried. Ayes: Gaines, Hano, Omsted, Shea, Slater; Nays:
None.
What should be done with any unclaimed affordable set-
aside at the end of the year if the remainder of the
allocation is exhausted?
Should the City require the guarantee of affordability of
units counted against the affordable set-aside, or simply
accept initial market affordability?
Gaines moved, Hano seconded to bring back these two issues
after the Council received the final "fair share" figures from
SANDAG. Motion carried. Ayes: Gaines, Hano, Omsted, Shea,
Slater; Nays: None.
Staff was also asked to bring back the method used for
determining who qualifies for "low to moderate income" and if
that salary is calculated on a regional, County, or City basis.
Co
Discussion and Review of Implementation options for the
City's Growth Manaqement Proqram on an Interim Basis.
Contact Person: Community Development Director Murphy.
Community Development Director Murphy reported that he
anticipated the establishment of Implementation Measures to
take Staff approximately 120 days to complete. He recommended
a "first come, first served" method in the interim.
Gaines moved, Slater seconded to use a "first come, first
served" method of allocating building permits for the next four
months, with the provision that Staff move quickly on the
development of a permanent allocation system. Motion carried.
Ayes: Gaines, Hano, Omsted, Shea, Slater; Nays: None.
Gaines moved, Hano seconded to use the above method for the
next four months and that the permits issued be subtracted from
the entire annual allotment. Motion carried. Ayes: Gaines,
Hano, Omsted, Shea, $1ater; Nays: None.
05/24/89 PAGE 5 MTG#89-~ ,BK#3, PAGE
CITY COUNCIL MEETING 05/24/89
De
Discussion of Request by San Diequito Playhouse for
Donation of Land/Site for their Donated Theater. Contact
Person: City Manaqer Shafer.
Lois Tripp spoke in opposition to using the Encinitas Sanitary
District property as a site for the playhouse due to poor
access and possible health hazards.
Fred Schrieber supported using Oak Crest Park for the
Playhouse and urged Council to approve moving the old St.
John's Church to that location.
Betsy Schrieber also urged Council to select the Oak Crest Park
location for the Playhouse.
Norma Payne stated the St. Johns Church had been donated to the
playhouse and they were now looking for a permanent site to
move the church. She suggested possibly a long-term lease for
the Oak Crest Park site.
David MacDonald asked for either land or lease of land for the
playhouse.
Peter Schofield, representing the developer of the present
church site, Pacific Scene, stated he was willing to work with
the City in finding a permanent location for the church.
Council asked Mr. Schofield if the current church site could
be purchased. He indicated he would be willing to discuss the
issue.
Council appointed Mayor Omsted and Council Member Hano as a
sub-committee to discuss possible options with Pacific Scene.
Council directed the Parks and Recreation Committee to review
the current master plan for Oak Crest park and develop
possible alternatives that would include the theatre and to
prepare a report for the June 28th Council meeting.
Appointment of Resident/Tenant Representative to
Redevelopment Project Area Committee. Contact Person: City
Manaqer Shafer.
Carlos Flores reported that after advertising in the
Redevelopment flyer and in the local paper, Mr. Tucker Lewis
was the only applicant, with a valid application, to represent
a resident-tenant on the Redevelopment Project Area Committee.
Gaines moved, Hano seconded to appoint Mr. Tucker Lewis as a
Resident/Tenant representative to the Redevelopment Project
Area Committee. Motion carried. Ayes: Gaines, Hano, Omsted,
Shea, Slater; Nays: None.
05/24/89 PAGE 6 MTG#89-,~ ,BK#3, PAGE
CITY COUNCIL MEETING 05/24/89
F. Consideration of a Water Reclamation Ordinance. Contact
Person: Mayor Omsted.
Mayor 0msted asked for Council's input regarding the
feasibility of adopting an ordinance establishing a water
reclamation master plan for the City. She also asked Council
to authorize letters of support for AB 632 and AB 1312 both of
which are proposals to help fund water reclamation efforts.
Public Works Director August stated he agreed with the concept
but felt there were many issues that would need to be addressed
prior to implementing this type of effort. In addition, he
stated it would be difficult to organize such an effort due to
the City not having a master plan involving all the various
agencies.
Steven Lord stated San Diego had developed a water reclamation
program which was very costly and provided little results. He
suggested implementing a "grey water segregation" program
focused on the individual household level rather than a city-
wide water reclamation ordinance.
Staff was directed to contact each agency that could be
affected by a water reclamation program and bring back for
Council discussion.
Assistant City Manager Benson stated that Staff would also have
to bring back a proposed work project with associated costs for
such a program.
Council Member Gaines suggested that Staff contact the
volunteer group that conducted a water reclamation study for
the San Elijo JPA. In addition, she suggested contacting
Escondido regarding their recent study on water reclamation.
Go
Consideration of Report Reqardinq Requlation of Public
Drinking in City of Encinitas. Contact Person: Community
Services Director Wigginton.
Marsha Mooradian, speaking for San Dieguito for Drug-Free
Youth, urged Council to review the city's existing policies /
ordinances regarding alcohol consumption in City parks. She
urged Council to direct the Parks and Recreation Commission to
develop recommendations and bring back to Council for
discussion.
Nancy Orr, Parks and Recreation Commission Chairman, asked for
council direction regarding this matter.
Shea moved, Hano seconded to direct the Parks and Recreation
Commission to review the issue of alcoholic beverage
consumption on City parks and beaches. Motion carried. Ayes:
Gaines, Hano, Omsted, Shea, Slater; Nays: None.
05/24/89 PAGE 7 MTG#89-~ ,BK#3, PAGE
CITY COUNCIL MEETING 05/24/89
He
Consideration of Possible Ordinance ReGulatinG the Sale
and Possession of Paint, Ink, Dye or Other Similar
Substances in a Pressurized Container. Contact Person:
Community Services Director Wiqqinton.
Stuart Schillinger, Management Analyst, reported that based on
the anti-graffiti task force's recommendation, an ordinance was
drafted to discourage people from defacing surfaces with
graffiti.
Gaines moved, Slater seconded to include the ordinance, as
written, on the Consent Calendar as a Public Hearing, on the
June 14th Council agenda. Motion carried. Ayes: Gaines,
Hano, Omsted, Shea, Slater; Nays: None.
Report Regarding Status of Bus Stop Benches Within the
Public RiGht-of-Way. Contact Person: Public Works Director
August.
Luci Romero, Management Analyst, reported that North County
Transit District does not provide benches at bus stops, with
the exception of the Cardiff Transit Center. She stated that
two advertising companies have, for many years, provided the
bus benches in the City without securing the proper
encroachment permits. She reported that both companies had
expressed a desire to continue to operate and advertise within
the City.
Alan Renfro, representing Coast United Advertising, stated he
operated his business in most cities of San Diego County on an
RFP basis and expressed the desire to work with the City to
continue to provide bus benches.
Bonnie Scoffin spoke in support of advertising on benches
stating it was the most cost effective way for her small
business to advertise.
Jan Libuse also supported advertising on bus benches and asked
that the City's Municipal Code be amended to allow for it's
use.
Larry Leicht, Representing County Bench Advertising Company,
said they had 50 benches in the City and had been operating
before the City incorporated. He urged Council to amend the
Municipal Code to legally allow the use.
Tom Griffin supported providing bus benches for senior
citizens, but generally opposed advertising on bus benches.
Janet Goff opposed advertising on bus benches but asked Council
to direct Staff to work with the Transit Authority to provide
benches.
05/24/89 PAGE 8 MTG#89-~ ,BK#3, PAGE #~9
CITY COUNCIL MEETING 05/24/89
Bob Nortman opposed advertising on the benches but stated the
City should provide benches on busy routes. He also urged
Council to have the illegal benches removed as soon as
possible.
Jo Moran asked that bus benches be provided by the City if the
currently placed ones were removed.
The Public Works Director reported that NCTD was not willing to
provide bus benches for the City due to the various standards
developed by each City that they serve.
Gaines moved, Shea seconded to not change the Municipal Code
relating to advertising on bus benches; direct Staff to seek
abatement as quickly as practical; and not attempt to provide
bus benches other than through volunteer/service groups. In
addition, explore the possibility of fining violators for the
illegal placement of benches in the City's right-of-way.
Motion carried. Ayes: Gaines, Hano, Omsted, Shea, $1ater;
Nays: None.
Gaines moved, Shea seconded to direct Staff to include a phased
Work Project to identify needs, develop placement policy and
purchase or seek methods for acquiring bus benches, i.e.,
encourage local groups to supply and maintain benches in areas
where most needed. Motion carried. Ayes: Gaines, Hano,
Omsted, Shea, Slater; Nays: None.
Je
Consideration of Coordinating 1989 City Birthday Party
Events with San Dieguito for Drug Free Youth's "Red Ribbon
Week", October 22-29 (National and State Level Campaiqn)~
and Consideration of Allocation of Funds. Contact Person:
Mayor Omsted.
Mayor Omsted reported that San Dieguito for Drug Free Youth had
asked if the City would be interested in combining the City's
Birthday party events with their week-long program.
Council consensus was to reconsider the issue after the
financial plan was finalized in June. Council directed the
Community Services Department to meet with "San Dieguito for
Drug Free Youth" and possibly develop a low-cost program for
consideration after June.
Ke
Discussion of Whether to ApDly for Selection in California
Healthy. Cities Project. Contact Person: Council Member
Hano.
Council directed the City Clerk to contact the sponsors of this
program for more information and bring back at the June 14th
Council meeting.
05/24/89 PAGE 9
CITY COUNCIL MEETING 05/24/89
Lo
Consideration of Request by Edqar Enqert to Obtain Access
for Agricultural Purposes to Rosebay Drive from the Ecke
Ranch. Contact Person: Community Development Director
Murphy.
Community Development Director Murphy reported that there was
currently a one foot reservation at the north terminus of
Rosebay to insure future control of its use by the City. He
reported that Mr. Enger was requesting access to Rosebay Drive
to begin some growing operations on the Ecke Ranch.
Chris Calkins, representing the Ecke Ranch, supported the
access stating it would be fully fenced to deter camping and
transient activity on the property.
Council Member Gaines stated that when the City was developing
the Circulation Element of the General Plan, Council had
previously received a petition by residents of Pacific Serena
opposed to opening Rosebay.
Omsted moved, Shea seconded to put the issue on an upcoming
agenda as a public hearing. Motion failed. Ayes: Omsted,
Shea; Nays: Gaines, Hano, Slater.
K-Praise ADplication Action Taken by the County of San
Diego.
Community Development Director Murphy reported that the
application submitted by K-Praise requesting an increase in
transmission level was approved by the County on May 18. In
addition, he reported that the San Dieguito Planning Group had
asked the Encinitas City Council to appeal the decision and
indicated the deadline for the appeal was May 30th.
Shea moved, Gaines seconded to authorize the City to spend $500
to appeal the County's approval of the project. Motion
carried. Ayes: Gaines, Omsted, Shea, Steel; Nays: Hano.
8. ITEMS REMOVED FROM THE CONSENT CALENDAR BY COUNCIL
Review, for Informational Purposes and Future Public
Hearing, Proposed Ordinance Establishing Fees for Copying
Public Record Documents. Contact Person: City Clerk Pool.
Mayor Omsted stated she did not agree with the proposed charges
for copying public records, specifically, photocopying. Council
directed the City Clerk to bring back the proposed ordinance
with the associated justifications for each cost, with the fee
for photocopying remaining at 10 cents per page.
05/24/89 PAGE 10
CITY COUNCIL MEETING 05/24/89
9. CITY COUNCIL / CITY MANAGER REPORTS
Assistant City Manager Benson reported that the sand replenish-
ment program had cost more than anticipated therefore, an
additional $5,000 had been allocated to cover the cost.
Deputy Mayor Slater announced that she had attended the off-
shore drilling meeting in Carlsbad and reported there
continued to be a large body of citizens that oppose the lease
agreement. She further stated the military was one of the
largest opponents to the lease.
10. ADJOURNMENT
Mayor Omsted declared the meeting adjourned at 11:04 P.M.
Anne Omsted, Mayor
By: Deborah Ce~rvone
Deputy City Clerk