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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 Ke $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