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1991-02-20 MINUTES OF ENCINITAS CITY COUNCIL SPECIAL MEETING FEBRUARY 20, 1991, 6:30 P.M., 535 ENCINITAS BOULEVARD, SUITE 100 Meeting called by notice pursuant to G.C. Section 54956. 1. CALL TO ORDER / ROLL CALL Mayor Hano called the meeting to order at 6:30 P.M. Present: Mayor Gail Hano,. Council Members John Davis, Anne Omsted, Pamela Slater, and Maura Wiegand. Absent: None Also Present: City Manager Shafer, City Attorney Krauel, City Clerk Pool, Assistant City Manager Benson There being a quorum present, the meeting was in order. 2. RECESS INTO CLOSED SESSION Slater moved, Wiegand seconded to recess into closed session pursuant to Government Code Section 54956.8 and 54956.9(a). Motion carried. Ayes: Davis, Hano, Omsted, Slater, Wiegand; Nays: None. Council recessed into Closed Session at 6:35 P.M. to Discuss the following two issues: Update from City Negotiators Reqardinq Three Possible Future Interim Civic Center/City Hall Sites Pursuant to Government Code Section 54956.8: 1) Lease/Purchase of Vulcan Square, APN #258-090-14 (Owners: David R. and Stelca A. Somerville, Trustees, and James H. Harker, Trustee); 2) Lease/Purchase of Building 1 and 2 in North Coast Business Park, APN #258-121- 30 and #258-121-31 (Owners: North Coast Business Park, C/O Crain & Dudor); 3) Purchase of Development Project on Encinitas Blvd. Near Saxony, APN #258-111-06 and #258-111-30 (Owners: Lester and Beverly Young). Be Uhler, Cardosa & Lockwood vs. The City of Encinitas, Pursuant to Government Code Section 54956.9(a) Council reconvened into Open Session at 7:20 P.M. with nothing to report. --- 02/~.0/91 SP~.CIAL MTG PAGE 1 MTG#91-(~f, BOOK #5, PAGR~ 02/20/91 SPECIAL MEETING ae Discussion of Review of County Proposal to Adopt by Ordinance, a Bookinq and Processing Fee Pursuant to Government Code Section 29550. City Manager Shafer said the County's proposed booking fees were under the provisions of SB 2557. He said Staff was recommending: (1) Council authorize the Mayor and City Manager to attend the February 26 meeting to express the City's position; (2) The city oppose the adoption of the booking fees; (3) The city request the Board of Supervisors to go on record as opposed to S.B. 2557 and work with the cities on its repeal and replacement with an adequate long term funding program; and (4) If the County does adopt the booking fees ordinance and includes contract cities, it was his recommendation that Council authorize the city Manager and City Attorney to prepare a legal action in conjunction with other contract cities in the County for violation of the City's existing contract. He said the current contract exempted the City from those fees. City Manager Shafer said he would bring back more information at the February 27th Council meeting. Omsted moved, Slater seconded to support Staff's recommendations with the direction that Staff stress the importance of %3 above. Motion carried. Ayes: Davis, Hano, Omsted, Slater, Wiegand; Nays: None. 4. ADJOURNMENT Mayor Hano declared the meeting adjourned at 7:23 P.M. mayor E.-~ane Pool, Cit~ Clerk --- By: Deborah Cervone, Deputy City Clerk 02/20/91 SPECIAL MTG PAGE 2 MINUTES OF ENCINITAS CITY COUNCIL STUD Y SESSION FEBRUARY 20, 1991, 7:00 P.M., 535 ENCINITAS BOULEVARD, SUITE 100 1. CALL TO ORDER / ROLL CALL Mayor Hano called the meeting to order at 7:51 P.M. Present: Mayor Gail Hano, Council Members John Davis, Anne Omsted, Pamela Slater, and Maura Wiegand. Absent: None Also Present: City Manager Shafer, City Attorney Krauel, City Clerk Pool, Interim Public Works Director Nelson, Assistant City Manager Benson, Community Development Director Murphy, Community Services Director Wigginton, Fire Chief LaMarsh, Sheriff's Lieutenant Hartshorn, Deputy City Clerk Cervone There being a quorum present, the meeting was in order. 2. PLEDGE OF ALLEGIANCE 3. SPECIAL PRESENTATIONS/PROCLAMATIONS Mayor Hano presented a Plaque to Former City Engineer, Bob Warren. He stated he appreciated and enjoyed his work experience with the City of Encinitas. 4. ORAL COMMUNICATIONS Paul Trester, officer of the San Dieguito High School Band Boosters, presented a picture of the Mayor with the High School band at the Christmas parade. He said the School Superintendent had recommended the program be eliminated because of budget constraints. He asked Council to voice their support to the Board of Trustees prior to the Thursday night School Board meeting. Betsy Schreiber asked what the status was on the Crest Drive Traffic barrier issue. 5. PRESENTATION/REPORTS ae Presentation on the City's Code Enforcement Process. Contact Person: Community Development Director Murphy. Community Development Director Murphy said the purpose at this meeting was to provide an overview of the Code Enforcement Procedures Manual and the overall enforcement program. 02/20/91 Study Session Page 1 Mtg#91-/0 ,Bk#5, Page~ 02/20/91 Study Session Cindy Adams, Code Enforcement officer, reviewed the current Code Enforcement process. Council consensus was to continue with the existing program. Be Council Review of a Draft Solid Waste Manaqement Policy to Implement the Requirements of AB 939 and to Guide the City's Involvement in Reqional Solid Waste Manaqement Issues. Contact Person: Management Analyst Hoefqen. Joe Hoefgen, Management Analyst, reported that AB 939 mandated all municipalities to achieve a 25% reduction in the waste stream by 1995 and 50% reduction by the year 2000. As a result, North County cities had developed the draft policy along with regional solutions related to the handling and disposal of solid waste. Additionally, the policy called for the formation of a regional Joint Powers Authority to implement AB 939 and to retain the authority to site, acquire, develop, permit and operate solid waste facilities in the County. He said the proposed JPA would most likely assume management of solid waste programs currently under the jurisdiction of the County Board of Supervisors. He reviewed the various aspects of the policy. B. Smith said he agreed with the steps proposed to reduce the waste stream but did not agree with a formation of a JPA. He stated he felt authority should remain with the County. In addition, he said he felt the policy was not consistent with the current recycling program. Council consensus was to support the concept of a JPA. In addition, Council asked that eliminating the use of Styrofoam be- included in the policy. The following changes were made by Council: Policy #5A (second sentence) was changed to read: Waste disposal, in particular, should not be subsidized by the public. Policy #5B (second sentence) was changed to read: The City will pledge solid waste revenues to assure stable capital and operating funds for the solid waste management facilities use by the City. C. Review of the Elements to be Included in the Solid Waste Franchise. Contact Person: Management Analyst Hoefqen. Joe Hoefgen, Management Analyst, reported that on October 11, 1990, Council had directed Staff to initiate a competitive review process in which either Coast Waste or Mashburn would be granted exclusive rights to provide solid waste collection. He gave an overhead 02/20/91 Study Session Page 2 Mtg#91-/~ ,Bk#5, Page~ 02/20/91 Study Session presentation illustrating the levels of service and other elements for inclusion in the franchise agreement. He reviewed current services and additional services necessary in the new franchise to meet the required terms of AB 939. Some of these included, curbside collection of christmas trees, weekly collection of grass clippings, and any other vegetative materials for use in composting activities; quarterly curbside collection of household hazardous wastes; curbside collection and recycling of appliances and scrap metal. He said it was Staff's recommendation to investigate a rate regulation formula that would allow the City to play a more active role when there was a proposed rate increase. Council consensus was to add the following services to the franchise agreement: Residential Services Item B: include lumber scraps for grinding and composting activities. Item C: Ensure that the public is sufficiently notified of when hazardous waste collection will occur. Add an Item E to read: Weekly collection of newspaper, plastic, glass, aluminum, and tin cans. city Manager Shafer asked Council to discuss the following: A. Timetable for scope of services process. Council concurred With the timetable except the July 24th meeting was moved to the first meeting in August. B. Enhanced services desired for inclusion in franchise. Council concurred with services listed except for those added above. Direction to investiqate variable can Rate i.e., charqe by volume. city Manager Shafer explained a can rate system which would encourage people to recycle all materials and charge people for the amount that would go into the waste stream. Council consensus was to direct further investigation of this type of system. 02/20/91 Study Session Page 3 Mtg#91-/0 ,Bk#5, Page-~<~ 02/20/91 Study Session D. Method of rate regulation Staff was directed to bring back an example of rate regulation with the possibility of including a Consumer Price Index. E. Language in document regarding transition of Solana Recyclers City Manager Shafer said either the franchisee could subcontract with Solana Recyclers or provide the services themselves. Council concurred with including both as options. De Presentation by Mira Costa College Regarding Proposed Amendment to Coastal Permit for Expansion of Services at the San Elijo Campus. Contact Person: City Manager sharer. This will be an oral report by President Holt, Dean of Mira Costa College. Mira Costa College President Holt reviewed the proposed expansion. He said the Coastal Commission would be reviewing their permit in three weeks. He said one of the issues the Commission had was extended hours because of increase traffic on ECR and the effect on San Elijo lagoon. He said the Traffic report done at the request of the City, indicated the majority of traffic generated by the college was not at peak hours for Manchester Avenue. He asked Council to authorize the Mayor to send a letter to the Coastal Commission in support of the College's request. Council suggested future expansion include two-story buildings rather that taking up more parking spaces on the property. Betty Johnson opposed authorizing the letter stating the traffic on Manchester was dangerous and excessive. She said the State should finish widening Manchester from the freeway to E1 Camino Real. Mayor Hano said she had concerns with the same traffic issues the Coastal Commission had expressed. Council consensus was to authorize the Mayor to send a letter to the Coastal Commission supporting the expansion permit. 6. ITEMS FOR INITIAL REVIEW A. Review 1991 Master Calendar. Contact Person: city Manager Shafer. Council made the following changes to the 1991 Calendar: 02/20/91 Study Session Page 4 Mtg#91-/O ,Bk#5, Page~/ 02/20/91 Study Session March Council Meetings: March 6th, 13th, and 20th. March District Meetings: Fire District and CSD on March 12th ESD and San Dieguito Water on March 19th Redevelopment on March 20th. April Council Meetings: April 10th and 17th April District Meetings: CSD and Fire on April 9th ESD and S.D. Water on 16th Redevelopment on April 17th July Council Meetings: July 3rd and 10th July District Meetings: Fire and CSD on July 2nd ESD and S.D. Water on July 9th Redevelopment on July 10th October Council Meetings: October 9th, 17th, 23rd NOTE: Planning Commission will be held on 16th. November Council Meetings: Changed the Selection of Mayor to November 20th Council Meeting. B. Review of Existinq Siqn Requlations. Contact Person: Community Development Director Murphy. Community Development Director Murphy reviewed three proposed amendments to the sign ordinance. These included: (1) Modify the ordinance regarding the threshold of when a sign program would be required. Currently, the ordinance requires a sign program when 2 or more tenants are located in a commercial center. The recommendation would modify this to 6 or more tenants; (2) Modify the sign ordinance requiring 18" high letters on the top of monument signs identifying the address of the shopping center; (3) modify the sign ordinance to allow more than two governmental flags per legal lot. He said if Council concurred with the proposed changes, Staff would schedule a public hearing before the Planning Commission to review and provide a recommendation to the Council. Council consensus was to have the Planning Commission review all three modifications proposed by Staff. Staff was also directed to send to the Planning Commission the issue of possible modifications to political sign regulations to 02/20/91 Study Session Page 5 Mtg#91-/0 ,Bk#5, Page~~ 02/20/91 Study Session make it less restrictive but to require removal of the signs in a fixed period of time. Slater moved, Wiegand second to extend the meeting to 10:05 P.M. Motion carried. Ayes: Davis, Hano, Omsted, Slater, Wiegand; Nays: None. Ce Review of Proposal for Televising City Council Meetings as a Potential FY 1991-92 Work Project. Contact Person: Community Services Director Wiqqinton. Community Services Director Wigginton reported two basic options were presented by cable television franchisees for televising City Council meetings. These options were: (1) retaining a cable company to provide a filming crew and equipment on a fee-per-hour basis, or 2) purchase sufficient televising equipment to supplement the equipment presently owned by the Fire Protection District. Council Member Slater suggested the Fire District tape Council meetings and make the tapes available in the libraries. Betsy Schreiber spoke in opposition to spending City money on taping Council meetings. Council consensus was to include televising Council meetings as a potential fiscal year 1991-92 work project and to bring it back as such including other options. 7. CITY COUNCIL / CITY MANAGER REPORTS Information Items -- No discussion or action to be taken City Manager Shafer reported the City's Newsletter had just been mailed. He also reported the city had met with County Supervisor McDonald regarding the San Marcos landfill and an additional meeting was scheduled for the following week. 8. ADJOURNMENT Mayor Hano declared the meeting adjourned at 10:08 P.M. G~il Hano, Mayor E.-~ Pool, City Clerk By: Deborah Cervone, Deputy City Clerk 02/20/91 Study Session Page 6 Mtg#91-/~ ,Bk#5, Page~