1991-05-15 (4) MINUTES OF ENCIN1TAS CITY COUNCIL STUDY SESSION
MAY 15, 1991, 7:30 P.M., 535 ENCINITAS BOULEVARD, SUITE I00
1. CALL TO ORDER / ROLL CALL
Mayor Hano called the meeting to order at 7:42 P.M.
Present:
Mayor Gail Hano, Council Members John Davis, Anne Omsted,
Pamela Slater, and Maura Wiegand.
Absent: None
Also
Present:
City Manager Shafer, Assistant City Attorney Francesca
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 Captain
Apostolos, Deputy City Clerk Cervone
There being a quorum present, the meeting was in order.
2. PLEDGE OF ALLEGIANCE
3. SPECIAL PRESENTATIONS / PROCLAMATIONS
4. ORAL COMMUNICATIONS
None
The following agenda item was taken out of order and heard at this
time.
7. ITEMS FOR INITIAL REVIEW
ao
Review of Proposal Submitted by Solana Recyclers and Tellus
Institute for a Compostinq Pilot Proqram. Contact Person:
Manaqement Analyst Hoefqen.
Management Analyst Hoefgen asked Council to review the composting
proposal submitted by Solana Recyclers and authorize submitting a
letter to San Diego County supporting the grant of assistance
monies for Phases I and II of the proposed project.
Brooke Nash, from Solana Recyclers, said they were proposing a
pilot program which would recycle food and yard waste into compost.
She said the initial steps would be to conduct a site assessment,
a technology assessment, begin the permitting process, and identify
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the food waste patrons. She said the program would run up to two
years and hopefully would expand to encompass the entire North
County. She introduced Bruce Fulford, technical consultant from
Tellus Institute, who presented a slide show illustrating other
composting programs throughout the country and stated the pilot
program site would require no more than 1/2 acre.
B. Smith said he agreed with the concept but asked who would run
the pilot program. He asked how many programs existed in Southern
California. He was told Solana Recyclers would coordinate the
program.
Council consensus was to enthusiastically endorse a pilot
composting program and submission of a letter to San Diego County
supporting the grant of assistance monies for Phases I and II of
the project.
5. PRESENTATIONS/REPORTS
A. Discussion of Proposed Ordinances:
1) Prohibitinq Discharge of Firearms within City.
Sheriff's Captain Apostolos said that currently, City ordinances
did not address discharging of firearms. He proposed prohibition
of discharging any weapon that would shoot projectiles within the
city limits.
B. Smith asked how it would be determined whether it was a firearm,
firecracker, or back-fire of a car and how the enforcement would
be accomplished.
Council consensus was to direct Staff to bring back an ordinance
for introduction prohibiting discharge of firearms as proposed by
Captain Apostolos.
2) Regulatinq Skateboardinq Activity.
Captain Apostolos suggested prohibiting coasters, roller skates,
skateboards in'the business districts. He said the intent was
to encourage appropriate use of the sidewalks in business centers.
He said most complaints involving skateboarding stemmed from
disturbances, noise and rowdy behavior. He said it was difficult
to cite skateboarders causing a disturbance since business owners
were hesitant to sign a complaint against them. If an ordinance
were adopted, skateboarders could be cited if seen by a Sheriff
rather than by complaint only. It was his recommendation to direct
Staff to draft an ordinance prohibiting skateboards within business
districts; and prohibiting riding in such a manner as to interfere
with or prevent lawful use of sidewalks by pedestrians.
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Dan Dalager spoke in opposition to the ordinance stating a small
percentage of skateboarders create a nuisance and that his son
needed his skateboard to commute to work each day.
Cindi Fargo, from DEMA, said there was not a consensus among the
downtown business owners regardingbanning skateboarding. She said
if prohibited, she hoped there would be a designated place for
children to skateboard.
John Reed said he worked at Scripps Hospital and had not seen any
injuries resulting from skateboarding. He said the ordinance
discriminated against young people and if banned, an alternative
place should be given to skateboarding.
Betty Johnson said the new Board of Realtors building on Second
Street was a favorite hangout for skateboarders. She said the few
times they were asked to leave, vandalism had occurred after
business hours.
B. Smith suggested, a Task Force be formed to determine areas where
skateboarding would be prohibited and an alternative place to
skate.
Council Member Davis said programs should be developed for
skateboarders through schools and the YMCA to educate young people
on how to conduct themselves on skateboards.
Captain Apostolos suggested that those businesses which wanted
skateboarding prohibited could post the ordinance and then the
Sheriffs could enforce the ordinance.
Council consensus was to concur with Captain Apostolos' suggestion
which would prohibit skateboarding at those businesses that post
the ordinance. Staff was directed to bring back a draft ordinance
addressing the possible ramifications, and in addition, a report
with suggestions as to ways in which an education program could be
developed.
3) Anti-qraffiti.
Captain Apostolos reviewed the proposed anti-graffiti ordinance.
He reviewed excerpts from ordinances from several other cities.
It was Staff's recommendation to direct the Sheriff's Department
and the Graffiti Removal Committee to review appropriate language
to address concerns and the possibility of cost recovery from those
property owners who fail to comply with direction to remove
graffiti.
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B. Smith spoke in support of an anti-graffiti ordinance. He asked
who now removes graffiti from stop signs and bus stops. He
suggested the Neighborhood Watch program include a graffiti watch.
Council consensus was to concur with the proposed ordinance.
B. Report and Discussion of Condominium Conversion Process to
Preserve the City's Affordable Housing Stock. Contact Person:
Community Development Director Murphy
Planning Aide Ruiz said the City's Housing Element Policy 1.5
stated "If a diminishing inventory of rental housing creates an
imbalance, the City should make every effort to preserve the
existing stock of quality rental housing by discouraging apartment
conversion to condominiums." He said he had surveyed other cities
in the County and coastal cities throughout California for their
condominium conversion policies to examine how they addressed the
issue of condominium conversion. Those results were contained in
the Staff Report.
Council consensus was to send the report to the Planning Commission
for their review.
Mayor Hano recessed the Study Session a 9:15 P.M. to continue the
Joint Council/Redevelopment Agency meeting.
Mayor Hano reconvened the Study Session at 9:35 P.M.
6. REVIEW OF ITEMS PREVIOUSLY DISCUSSED
A. Review of Street Tree Maintenance Program. Contact Person:
Management Analyst Schillinger.
Stuart Schillinger reported that Council had previously adopted the
highest level of tree maintenance; the 1-3-6 cycle. The annual
cost for this program was approximately $500,000. However, if the
maintenance were deferred, it could cost approximately $750,000.
He said one alternative to lower the cost, would be to divide the
City into areas and one area would be trimmed each year, rather
than trimming by species. Staff's recommendation for Fiscal Year
1991-92 was:
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A. 1) Acknowledge that the 1-3-6 trimming cycle is not within
fiscal capacity, and desired service approach is modified to "Trim
Areas" approach. 2) Direct that any available excess Gas Tax
subventions be considered, during review of Financial Plan, to
reduce past years' deferred tree trimming needs and,
B. For Fiscal Year 1992-93 and Beyond: 1) Review a revised
program to divide City into areas for area trim cycles. 2) Direct
Staff to prepare necessary documents to fund street tree trimming
through Encinitas Lighting and Landscape District.
He said if additional revenue was not realized for FY 1991-92, the
preliminary revenue and expenditure projections indicated the City
could only allocate $30,000 from Gas Tax revenues which would
basically fund emergency tree trimming responses only.
Betty Knutson urged Council to retain TOT funds for tree trimming
in Cardiff.
B. Smith spoke in opposition to funding tree trimming through the
Encinitas Lighting and Landscaping District.
Council consensus was to concur with Staff's recommendations except
funding tree trimming through the Encinitas Lighting and Landscape
District.
B. Discussion of Earthquake Awareness and Preparedness. Contact
Person: Fire Chief La Marsh.
Fire Chief LaMarsh said the Fire District had been focusing most
of their attention on education programs for schools, and producing
pamphlets for the public.
Council consensus was for Staff to prepare a more comprehensive
plan of how the City would function in the event of a disaster.
Council emphasized the importance of taking the necessary
precautions listed on 6B-4 of the Staff report; specifically to
stabilize office equipment and furniture.
Report on Status of Commuter Rail Facility. Contact Person:
Advanced Planner Jones. (NOTE: Status ReDort Only and No
Public Testimony Taken)
Senior Planner Jones reported that North County Transit District
recently announced the commuter rail development schedule had been
delayed due to stalled negotiations with the Santa Fe Railway. He
said the rail was to have been operational by December of 1992.
No new operational date had yet been established. The extra time
should be useful for redesign of the Encinitas Transit Station.
Processing the Transit Station would continue.
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Council Member Slater reported, as the Council's NCTD
representative, that the City did not plan to relocate the ~bus
transfer station until the commuter rail station was developed.
Council directed Staff to arrange for them to see a video
illustrating bus transfer stations located in other cities.
8. CITY COUNCIL / CITY MANAGER REPORTS
Information Items -- No discussion or action to be taken
9. ADJOURNMENT
Mayor Hano declared the meeting adjourned at 10:13 P.M.
Gai~ Hano, Mayor E. Jane Pool, Ci~cy Clerk
By: Deborah Cervone
Deputy City Clerk
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