1997-08-20 MINUTES OF ENCINITAS CITY COUNCIL SPECIAL MEETING
AUGUST20, 1997, 5.'15 P.M., 505SOUTH VULCANAVENUE
Meeting called by notice pursuant to G. C. Section 54956.
CALL TO ORDER/ROLL CALl,
Mayor Davis called the meeting to order at 5:15 P.M.
Present: Mayor John Davis, Council Members Lou Aspell, James Bond, Sheila Cameron,
and Chuck DuVivier.
Absent: None.
Also City Manager Wasserman, City Attorney Krauel, Assistant City Manager Benson,
Present: Fire Chief Heiser, and Personnel Officer Beckord.
There being a quorum present, the meeting was in order.
ORAL COMMUNICATIONS:
None.
Council recessed into Closed Session to discuss:
CLOSED SESSION: CONFERENCE WITH LABOR NEGOTIATOR
AUTHORITY: Gov. Cod 54957.6
Ci _ty's Negotiator: Tom Beckord
Employee Organization: Encinitas Firefighters' Association
Council reconvened into Open Session at 6:03 P.M. with no reportable action, and Mayor Davis
declared the meeting adjoumed.
Cervone, City Clerk .fl~o(m Davis, Mayor
By: Kathy Greene,
Deputy City Clerk
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MINUTES OF ENCINITAS CITY COUNCIL REGULAR MEETING
AUGUST 20, 1997, 6..00 P.M.., 505 SOUTH VULCAN AVENUE
CALL TO ORDER/ROLL CALl,
Mayor Davis called the meeting to order at 6:10 P.M.
Present: Mayor John Davis, Council Members Lou Aspell, James Bond, Sheila Cameron,
and Chuck DuVivier.
Absent: None.
Also City Manager Wasserman, City Attorney Krauel, City Clerk Cervone, Assistant
Present: City Manager Benson, Community Development Director Holder, Sheriff's Captain
Parker, Senior Civil Engineer Holt, City Planner Weedman, Accounting Manager
Lembach, Management Analyst Phillips, Management Analyst DeCordova, Deputy
City Clerk Greene.
There being a quorum present, the meeting was in order.
PLEDGE OF ALLEGIANCE
SPECIAL PRESENTATIONS/PROCLAMATIONS
Proclamation for Taste of Mainstreet Event, August 21, 199 7
Mayor Davis presented the Proclamation for the Taste of Mainstreet event to be held on August 21,
1997, to the DEMA Board of Directors.
CLOSING AND ADOPTION OF THE CONSENT CALENDAR
Item #3 was set for an Administrative Hearing.
Item #8 was added to the Consent Calendar.
DuVivier moved, Bond seconded to close and adopt the amended Consent Calendar.
Regarding Item #2, Council Member Cameron asked why the new Ford Explorers listed on the
Warrants List had not been purchased from Encinitas Ford.
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City Manager Wasserman stated that Encinitas Ford had been contacted regarding the purchase of
the Ford Explorers, however, they were unable to deliver the vehicles therefore, the City purchased
the vehicles from Drew Ford.
Motion carried. Ayes: Aspell, Bond, Cameron, Davis, DuVivier; Nays: None.
1. Approval of Minutes: 08/13/97 Special Meetine. Contact Person: City Clerk
Cervone. ~ -
STAFF RECOMMENDATION: Approve Minutes.
2. Approval of 08/20/97 Warrants List. Contact Person: Financial Services Manaee,
Suelter. -
STAFF RECOMMENDATION: Approve Warrants List.
Item #3 was set for an Administrative Hearing.
3. Initial Consideration of an appeal filed by Bernardino and Marcelina Rubalcaba of
the Planning Commission's July 10, 1997 approval of a Ma_ior Use Permit. Coastal
Development Permit. and Environmental Initial Assessment for a developmer, l
including a gas station, food mart. and car wash along with related site improvemenl:;
including landscaping, parking, and signage on the site of an existing service statio,
(to be demolished). LOCATION: 510 Santa Fe Drive. CASE NO.: 96-23~
MUP/CDP/EIA: APPLICANT: Service Station Services (on behalf of Shell Oil Co.)~
Contact Person: Senior Planner Curriden.
STAFF RECOMMENDATION: AFFIRM the action of the Planning
Commission approving application 96-232 MUP/CDP/EIA for the reasons
cited in Resolution PC 97-26, thus denying the appeal.
4. Consideration of a request from the YMCA to pay Flood Control and Traffic-
Mitigation fees over a three year period. Contact Person: Engineering Service:;
Director Archibald.
STAFF RECOMMENDATION: Approve the request by the YMCA to pay
their Flood Control and Traffic Mitigation fees over a three year period of time
with interest at the City's investment rate.
5. Award of construction contract for the Encinitas Boulevard Widening Pro_iect to the
Iow bidder. Sierra Pacific West. Inc. of Encinitas in the amount of $598.569.22.
Contact Person: Engineering Services Director Archibald,
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STAFF RECOMMENDATION: Award the Encinitas Boulevard Widening
project to Sierra Pacific West, Inc. for the alternate bid in the amount of
$598,569.22.
6. Acceptance of the Public Improvements and filing of the Notice of Completion fo,
Requeza/Bracero Assessment District No, 93-1 (Pro_iect PADROZ). Contact Person:
Engineering Services Director Archibald.
STAFF RECOMMENDATION: Accept the public improvements, authorize
the filing of a Notice of Completion, and authorize the release of retention after
35 days.
6A. Adoption of Resolution 97-68 Ad_iusting the Ci_ty Clerk's salary to reflect a me~'i!
increase pursuant to the City's merit increase nolicies. Contact Person: City
Mn e W er n. -
STAFF RECOMMENDATION: Adopt Resolution 97-68.
8. Introduce Ordinance 97-23 adopting by reference Chapter 1 of Division 9 of Title 3 0f
the San Diego Count* Code of Regulatory ordinances relating to Curfew. ContaO
Person: City Attorney Krauel.
STAFF RECOMMENDATION: Introduce Ordinance 97-23.
ITEMS REMOVED FROM THE CONSENT CALENDAR BY THE PUBLIC
None.
ORAL COMMUNICATIONS
Duane Bernard requested the Council support an Ordinance being considered by the San Diego
County Board of Supervisors regarding the high price of gasoline in San Diego County.
Paul Davis, representing the Encinitas Chamber of Commerce, stated he felt that Item #9 on the
agenda was too restrictive and was opposed to the staff recommendation.
REGULAR AGENDA
7. Presentation by Ann Schulz. President of the Poinsettia Center for the Arts_
Ann Schulz, President of the Poinsettia Center for the Arts stated that during the past year, the Paul
Ecke family of Encinitas had donated a .78 acre parcel of land in the Encinitas Ranch Center,
specifically for an arts center.
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Ms. Schulz said the land had been valued at $1.8 million and the theater was to be a 500 seat theater
that would be a community-based venue for a wide variety of professional and arts groups. Once
opened, the theater would be available for use by regional arts organizations, community non-profit
groups, govemment agencies, schools, individuals and private sector businesses. The objective was
to raise $9 million to build and furnish the Theater for the Performing Arts and Ms. Schulz stated
there was approximately $4 million dollars that had already been contributed to the theater, with
approximately 50% as In Kind contributions.
Ms. Schulz introduced David Lyon and Norman Krause, the architects for the theater, who
reviewed the plans for the project.
Since this was a presentation, no Council action required.
There was Council consensus to take Item #10 before Item #9.
10. Consideration of Request by Cardiff Chamber of Commerce for Operational Funding
of Carpentier Parkway. Contact Person: Management Analyst Phiilips,
Management Analyst Phillips stated that the Cardiff Chamber of Commerce had submitted a
request for funding for on-going maintenance and minor improvements for the landscaped parkway
area on the west side of San Elijo Avenue near Chesterfield Drive. The Cardiff Chamber leased
portions of the railroad right-of-way for landscape maintenance purposes along a linear parkway
now owned by North San Diego County Transit District (NCTD).
Mr. Phillips stated the Policy/Budget Personnel Committee reviewed and discussed the request and
recommended allocating $5,000 for the project.
The staff recommendation was to approve the Council's Policy/Budget and Personnel Committee
recommendation to allocate a maximum of $5,000 from FY 1997/98 for the Carpentier Parkway
Maintenance project to be distributed on a reimbursement basis.
Dan Trifone, representing DEMA, spoke in support of funding $10,000 to the Cardiff Chamber for
the Carpentier Parkway maintenance.
Peter Johnson, President of the Cardiff Chamber of Commerce. requested the City consider funding
$10,000 to the Chamber for the Carpentier Parkway maintenance.
Council Member Cameron said she would like to see full support of $I0,000 for the Carpentier
Parkway maintenance.
DuVivier moved, Cameron seconded to approve $10,000 for the Carpentier Parkway
Maintenance project to be distributed on a reimbursement basis.
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Deputy Mayor Aspell stated she had asked North County Transit District to waive the commemial
liability insurance coverage currently being paid by the Cardiff Chamber, and that NCTD was
currently evaluating that request.
Mayor Davis stated that double tracking, currently being reviewed by the Planning Commission
could impact the existing park and suggested waiting until that issue was resolved before funding
the Cardiff Chamber for parkway maintenance.
Motion carried. Ayes: Aspell, Bond, Cameron, Davis, DuVivier; Nays: None.
Mayor Davis declared a recess from 7:18 to 7:27 P.M.
9. Adoption of Administrative Policy Regarding a Community Grant Program. ContaO
Person: Management Analyst Phillips.
Management Analyst Phillips stated the issue was whether to adopt a revised policy and authorize
establishment of a Community Grant Program. He said that on July 8, 1997, the Policy/Budget and
Personnel Committee had reviewed and approved a proposed policy for re-establishing a General
Fund supported Community Grant Program.
Mr. Phillips said the City had previously administered a General Fund grant program, entitled the
"Community Enhancement Program" (CEP) from 1988 to 1994. During the 1994/95 budget cycle,
the Council suspended the CEP program and directed that future requests be handled on a case by
case basis. Since FY 95/96, an annual amount has been placed in the City budget as a contingency
for Council directed funding of community projects.
Currently, no active policy or administrative application process exists to receive and consider
public funding requests from community organizations. The Council Policy/Budget and Personnel
Committee gave direction and feedback regarding development of a City grant policy and approved
the draft policy on July 8, 1997.
Mr. Phillips reviewed the key elements of the revised policy.
Mr. Phillips said for FY 1997/98, a total of $25,000 was available from the Community Projects
Division for the program. (The Council approved $10,000 from that fund to the Cardiff Chamber
for parkway maintenance when they heard Item #10 on this agenda.) Future program year budget
amounts and grant cycles had been proposed to be conducted in conjunction with the City's budget
review and adoption process.
The staff recommendation was to adopt the proposed Community Grant Policy and authorize re-
establishment of the grant program.
Peter Johnson and Betty Knutson, representing the Cardiff Chamber, stated a maximum ceiling of
$5,000 be established for Civic/Cultural project grant awards (one of the key elements stated in the
revised policy) needed to be refined.
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Dan Trifone complimented the Council on all the positive things happening in the City and
requested that the Council consider increasing the proposed Community Grant funding program to
$250,000.
Council Member DuVivier stated the Grant Program issue should be discussed at the next City
Council Goal Setting session in the early pan of 1998.
Bond moved that the Council not consider this fund and the remaining $15,000 (the amount
remaining in the 97/98 Community Projects account after allocating $10,000 to the Cardiff
Chamber in Item #10), and move it to known projects on the horizon for potential use for flower
baskets, banners and that the Council move forward and educate those agencies to work with the
Committee process, and request funding during the normal budget process.
City Manager Wasserman clarified the motion as he understood it. The $15,000 left would be
available for some of the projects that are currently going through the process in the
Business/Liaison Committee, and no specific amount designated for future projects beyond the
expenditure of the $15,000. Projects for funding should be submitted to the City Manager's office
for processing.
Council Member Bond stated that was not his intention stating he wanted the City to be involved in
the process.
Mayor Davis requested that Mr. Bond restate his motion.
Bond moved, Davis seconded to suspend/table any action regarding Item #9, and the $15,000
remaining in the 97/98 Community Projects account be set aside and be designated for use for
known pending projects and that future funding requests be funneled through the City Manager's
Office for proper handling.
Aspell requested an amendment to the motion, and Bond agreed to change the wording to
state that the $15,000 remaining in the 97/98 Community Projects account be set aside and be
designated for use toward known pending projects and that future funding requests be
funneled through the City Manager's office for proper handling.
Council Member Cameron stated she did not agree that the $15,000 should go towards the flower
baskets, the banners etc. currently under review in the Policy Committee. She stated she would
rather the $15,000 be discretionary for smaller items.
Motion carried. Ayes: Bond, Cameron, Davis; Nays: Aspell, DuVivier.
11. Determine whether or not to amend Chapter 2.16 of the Municipal Code regarding
Campaign Regulations. Contact Person: Ci_ty Clerk Cervone.
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Cameron moved to table this issue until January/February, 1998, to determine the impact of
Proposition 208 on local elections.
Motion failed for lack of second.
City Clerk Cervone presented the staff report stating that with the passage of Proposition 208, many
campaign regulations had changed. Because of the passage of Proposition 208, Ms. Cervone said
this was an opportunity for the Council to review the City's current Campaign Regulations for
consistency with Proposition 208 and to clarify some of the language in the Municipal Code that, in
the past had been ambiguous and difficult to administer.
Ms. Cervone said the Council's Policy Committee reviewed the current campaign regulations and
recommended that the City repeal the current campaign ordinance and follow the State's
regulations.
The Policy Committee recommended retaining Chapter 2.16.010C regarding Filing Fees and
Chapter 2.16.090 regarding Campaign Signs.
The staff recommendation was to determine whether or not the City's current campaign ordinance
should be repealed. If the Council chooses to retain the current ordinance, proposed amendments
would be brought back at a future meeting to clarify some of the language.
There was Council consensus to vote on each of the proposed changes presented in the staff report
as follows:
1. Proposition 208 now limits all contributions to candidates to $100 per election for
jurisdictions with a population of leas than 100,000 residents; the same as the City's current
contribution limit. The City requires reporting of contributions and expenditures of $50. or
more. The State requires reporting of contributions and expenditures at $100.
DuVivier moved, Aspell seconded to follow State requirements of disclosing only amounts of
$100. Motion carried. Ayes: Aspell, Bond, Cameron, Davis, DuVivier; Nays None.
2. The City's Ordinance requires candidates and committees to register as a committee with
the State once they have collected or spent $I00. The state's threshold for forming a
committee is $1,000.
DuVivier moved, Aspeii seconded to follow the State's requirement of filing as a committee
once $1,000 threshold is met. Motion carried. Ayes: Aspell, Bond, Cameron, Davis,
DuVivier; Nays: None.
3. The City's current ordinance prohibits contributions to candidates from corporations. The
State has no such prohibition.
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DuVivier moved, Aspell seconded to follow the State's regulation. Motion carried. Ayes:
Aspell, Bond, Davis, DuVivier; Nays: Cameron.
4. The City's Ordinance requires a supplemental disclosure statement filed the Friday before
the election. The State does not require this supplemental form.
DuVivier moved, Cameron seconded not to change the requirement regarding the filing of a
supplemental disclosure statement the Friday before the election. Motion failed. Ayes: Cameron,
DuVivier; Nays: Aspell, Bond, Davis.
Bond moved, Aspeil seconded not to require a City supplemental filing due the Friday
immediately preceding the election. Motion carried. Ayes: Aspell, Bond, Davis; Nays:
Cameron, DuVivier.
There was Council consensus not to change the City's current Ordinance limiting contributions to
non-controlled committees formed to support or oppose candidates at $100. per election
There was Council consensus not to adopt regulations regarding the limitation of expenditures.
City Clerk Cervone stated she would return to a future Council meeting with the amended
provisions to the Municipal Code regarding campaign regulations.
Mayor Davis declared a recess from 9:21 to 9:30 P.M.
12. Discussion of Planning Appeal Filinv Fee. Contact Person: Manaaement Analyst
Management Analyst DeCordova stated that the City had an established process by which an
individual or group could appeal to the City Council any final determination made by a City
department, the City Manager, Zoning Administrator, or an appointed Board or Comanission. In
1991, responding to concerns over the administrative costs of processing appeals and to criticism
that the absence of a fee encouraged too many frivolous filings, the Council established a $100.
filing fee.
Mr. DeCordova stated that recently concerns had been raised over both the appeal process and its
associated costs. In May and June, the Budget, Personnel & Policy Committee listened to those
concems from the public and discussed possible remedies with staff. The committee determined to
refer the matter to the full Council for discussion of a potential fee increase for appeals of
development applications.
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Mr. DeCordova stated that it was apparent the $100. filing fee did not adequately recover the cost to
process an appeal, however, since the City's practice has always been to charge all processing costs
to an applicant's deposit, appeal costs were borne by the applicant in such cases, regardless of
whether or not the applicant filed the appeal. For those types of applications that required only the
standard fee, there was no recovery of appeal costs other than the $100. filing fee.
The staff recommendation was to receive the report, discuss the item and provide direction to staff
regarding any modifications to the appeal fee the City Council may wish to make.
Donna Westbrook spoke in opposition to raising the appeal fee.
Cameron moved, DuVivier seconded not to raise the appeal fee. Motion carried. Ayes:
Aspell, Cameron, Davis, DuVivier; Nays: Bond.
Staff was directed to return to a future Council meeting to discuss cost recovery for appeals filed.
13. Review of annual investment report and discussion of investment portfolio and results
for the year ended June 30. 1997. Contact Person: Investment Officer Lembach.
Investment Officer Lembach stated the City had initiated an in-house investment diversification
program in FY 95/96, principally as a result of the decision to withdraw fi.om the San Diego
County Investment Pool by December 1997. The City, through its appointed Investment Officer,
follows a conservative investment strategy that emphasizes safety of principal and liquidity of
funds, while attaining a market rate of return over time. Mr. Lembach stated that the City's
Investment Program had met or exceeded its stated goals and objectives during the past year.
Mr. Lembach said that investment eamings increased almost $600.000 and exceeded both original
and mid-year revised estimates. In-house management increased overall earnings by $330,000
with those positive impacts shared by all City and District funds.
This was an information item only, therefore, no action was required.
ITEMS REMOVED FROM THE CONSENT CALENDAR BY COUNCIl,
None.
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CITY COUNCIL/CITY MANAGER REPORT
None.
ADJOURNMENT
Mayor Davis declared the meeting adjourned at 10:08 P.M.
De~ora~ervone, City Clerk Davis, Mayor
By: Kathy Greene,
Deputy City Clerk
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