1998-11-09 MINUTES OF ENCINITAS CITY COUNCIL ADJOURNED REGULAR MEETIN(~
NOVEMBER 9, 1998, 6.'00 P.M., 505 SOUTH VULCAN A VENUE
CALL TO ORDER/ROLL CAI,l,
Mayor Aspell called the meeting to order at 6:08 P.M.
Present: Mayor Lou Aspell, Council Members James Bond, Sheila Cameron, John Davis,
and Chuck DuVivier.
Absent: None.
Also Assistant City Manager Benson, City Attorney Krauel, Deputy City Clerk Greene,
Present: Community Development Director Holder, Senior Planner Barberio, Engineering
Services Director Archibald, Management Analyst Orozco, Management Analyst
Phillips, Fire Chief Heiser, Secretary Maluia.
There being a quorum present, the meeting was in order.
PLEDGE OF ALLEGIANCE
Weeblow Den 2, Pack 774, led those assembled, in the Pledge of Allegiance.
CLOSING AND ADOPTION OF THE CONSENT CALENDAII
* The title of ordinances listed on the Consent Calendar are deemed to have been read
and further reading waived.
Items# 3 and 4 were removed from the Consent Calendar by members of the public.
ACTION:
DuVivier moved, Bond seconded to close and adopt the amended Consent Calendar. Motion
carried. Ayes: Aspell, Bond, Cameron, Davis, DuVivier; Nays: None.
1. Approval of Minutes: 10/21/98 Special Meeting, 10/21/98 Adjourned Special Meetin_m
10/21/98 Regular Meetine. 10/28/98 Regular Meeting. Contact Person: City Clerk
Cervone.
STAFF RECOMMENDATION: Approve Minutes.
2. Approval of 11/09/98 Warrants List. Contact Person: Financial Services Manager
Sueiter.
STAFF RECOMMENDATION: Approve Warrants List.
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5. Authorization to Purchase Three Replacement Vehicles From Encinitas Ford in ~,,
Amount Not-To-Exceed $65,981.00. Contact Person: Management Analyst Orozco
STAFF RECOMMENDATION: Authorize the purchase of three replacement
vehicles from Encinitas Ford in an amount not-to-exceed $65,981.00.
6. Consideration and approval of an agreement with the San Diego Association
Governments (SANDAG) for the preparation of the City of Encinitas subarea plan t.
implement the Multiple Habitat Conservation Program (MHCP) subregional plan.
Contact Person: Senior Planner Barberio.
STAFF RECOMMENDATION: Approve the agreement with the San Diego
Association of Governments (SANDAG) for the preparation of the City of
Encinitas subarea plan to implement the Multiple Habitat Conservation
Program (MHCP) subregional plan and authorize the City Manager to execute
the agreement.
6A. *Adoption of An Urgency Ordinance 98-27 Imoosing Regulations on Adult
Businesses. Contact Person: City Attorney Krauel.
STAFF RECOMMENDATION: Adopt Proposed Urgency Ordinance 98-27.
ITEMS REMOVED FROM THE CONSENT CAI.ENDAR BY THE PUBLIC
3. Consideration of the installation of sound walls on the ease side of Piraeus Street from
Leucadia Boulevard to 650' north, Leucadia Boulevard/I-5 Interchange (CMS95C).
Contact Person: EnEineering Services Director Archibald.
Engineering Services Director Archibald presented the staff report.
Council Member Bond proposed to place the closure of Piraeus Street on the City Council Agenda
for December 2, 1998.
There was no Council consensus to place the closure of Piraeus Street on the December 2, 1998,
City Council Agenda.
Mayor Aspell proposed to place the closure of Piraeus Street on the City Council Agenda for
November 19, 1998.
ACTION:
There was Council consensus to place the closure of Piraeus Street on the City Council
Agenda for November 19, 1998.
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Sharon Brossman stated she was concemed that money designated for the Leucadia Blvd. Scenic
Roadway was being diverted to other projects while approved items were being cut from Leucadia
Boulevard because of alleged lack of funds. (CORRECTED AT 12-09-98 COUNCIL MEETING).
Frank Denison spoke in support of staff recommendation.
Maureen Gary spoke in support of staff recommendation.
ACTION:
DnVivier moved, Aspell seconded to approve the staff recommendation to direct staff to
procei~d with the installation of sound walls along the east side of Piraeus Street from
Leueadia Boulevard to 650' north. Motion carried. Ayes: Aspell, Bond, Cameron, Davis,
DnVivier; Nays: None.
4. Award of construction to Wier Construction for Rancho Santa Fe Road WideninL
Project (CMS96E} in the amount of $779,193.25. Contact Person: Engineering
Services Director Archibald
Engineering Services Director Archibald presented the staffreport.
Frank Denison spoke in regards to the funds being used for the Rancho Santa Fe Road widening
project.
ACTION:
DuVivier moved, Cameron seconded to approve the staff recommendation to transfer
$300,000.00 from the Trunsnet reserve account to the Rancho Santa Fe Road Widening
Project, and award the contract to Wier Construction in the amount of $779,193.25. Motion
carried. Ayes: Aspell, Bond, Cameron, Davis, DuVivier; Nays: None.
ORAL COMMUNICATIONS:
Robert Mayer, representing Flair Encinitas Home Owners Association, requested an E.I.R. be done
before selecting Solana Recyclers site as the household hazardous waste facility.
Janet Robinson, representing the 1 lth Street residents in Olivenhain, requested there be a future
agenda item regarding the removal of the I.O.D. between Mountain Vista and 1 lth Street.
There was Council consensus to place on a future City Council Agenda, the abandonment of an
I.O.D. that exists between Mountain Vista and 1 lth Street in Olivenhain.
Gall Hano requested there be a dog park on thc Encinitas Sanitary site.
Steve Rudock stated that motorists were ignoring the "Do Not Enter" signs at Avenida La Posta
and Village View Road.
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Donna Sebastian and Sharon Brossman spoke about their concerns regarding the Leucadia
Boulevard widening project.
Pat Bishop, Annie Leaf, and Bob Storey spoke in opposition to a proposed Sports Park located on
Quail Gardens Drive.
Frank Denison and Steve Locko spoke in opposition to the possible closure of Piraeus Street to
south bound traffic at Ocean View.
Mark Muir, representing ECHO, Alex Botchers, John Pini, and Michael Germuska, spoke in
opposition to the closure of an easement that runs between Garden View Road and Wandering
Way.
ACTION:
There was Council consensus to place on the City Council Agenda for December 9, 1998, the
issue regarding the closure of an easement between Garden View Road and Wandering Way.
Mayor Aspell declared a recess from 7:34 to 7:44 P.M.
REGULAR AGENDA
7. Allocation of Funding for Fiscal Year 1998/99 Community Grant Progra,,.
Applicants. Contact Person: Management Analyst Phillips.
Management Analyst Phillips reviewed the staff report.
There was Council consensus on the following allocation of funding for Fiscal Year 1998/99
Community Grant Program:
DEMA Weekly performing arts program $ 4,800.00
Encinitas Historical Society # 1 Historical picture panels 804.00
Encinitas Historical Society #2 Period school days activities 2,000.00
Family Services Association Vehicle purchase/Sr. Nutrition Program 2,200.00
Rancho Coastal Humane Society Kennel construction 985.00
San Dieguito Heritage Museum Historical Program Training 3,450.00
San Dieguito H.S. Grad Nite Graduation celebration 1,000.00
La Costa Canyon H.S. Grad Nite Graduation celebration 2,000.00
TOTAL:
$17,239.00
There was Council consensus to retain any remaining unallocated funds for potential future
projects.
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8. Authorize to Buvout the Two Existing 800 MHz Motorola Radio Equipment Least,.,
Totaling $531,000.00 from the State Supplemental Local Law Enforcement Fund
(SLESF), the Federal Local Law Enforcement Block Grant Funds (LLEBG), thy
_available Zone C CSA 135 Funds on hand at the County of San Diego, and the City'.~
general fund. Contact Person: Financial Services Manager Suelter.
Assistant City Manager Benson and Financial Services Manager Suelter reviewed the staffreport.
ACTION:
Bond moved, Davis seconded to approve the staff recommendation to authorize the buyout of
two 800 MHz local radio equipment leases from the SLESF, LLEBG, CSA 135, and the
City's general fund. Motion carried. Ayes: Aspell, Bond, Cameron, Davis, DuVivier; Nays:
None.
9. .Purchase of four (4) base station radios, one for each of the fire stations, to complel,
t_he 800 MHz radio communication system within the fire department. ContaO
Person: Fire Chief Heiser.
No staff report was presented.
ACTION:
Davis moved, DuVivier seconded to approve the staff recommendation to authorize the Fire
Chief to purchase four (4) base station radios. Motion carried. Ayes: Aspell, Bond,
Cameron, Davis, DnVivier; Nays: None.
10. Public Hearing to Consider the Adoption of Resolution 98-85 approving ~..
_Adiustment to the Maximum Permitted Basic Service Tier Rates of Co~
Communications. Contact Person: Management Analyst Hodgkiss.
Management Analyst Hodgkiss presented the staff report.
Gall Hano spoke in opposition of the staff recommendation.
ACTION:
Bond moved, DuVivier seconded to approve the staff recommendation to adopt Resolution
98-85 approving an adjustment to the maximum permitted Basic Service Tier rates of Cox
Communications. Motion carried. Ayes: Aspell, Bond, Cameron, Davis, DuVivier; Nays:
None.
11. Consideration of mitigating the Impacts of Hauling fill material through the City of
_Encinitas to the Carltas Project site at Leueadia Blvd. and El Camino Real~ includin~
alternative routes and other regulations. Contact Person: Engineering Service,~
Director Archibald.
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Engineering Services Archibald reviewed the truck hauling permit proposed for the 200,000 cu.
yards of fill material being hauled for the Carltas Project site at Leucadia Boulevard and E1 Camino
Real.
_ACTION:
DuVivier moved, Bond seconded to authorize the truck haul route to be on Manchester
Avenue and El Camino Real moving north bound from 6:00 a.m. to 4:00 p.m., and that there
be no south bound traffic on El Camino Real and Manchester Avenue before 9790-a~m nor
after 4:00 p.m., no truck hauling on the day of Thanksgiving nor the day after, no truck
hauling on December 24th nor 25th, instruct the Engineering Department to schedule a
review of all activities, approve the staff recommendation for a deposit of $500,000.00 for
clean-up plus pre and post hauling inspection costs from the contractor, instruct the Sheriff's
Department and Engineering Department to work together to figure out what needs to be
done to make the project work, post signs on the truck routes stating the times of hauling and
the duration, water down the dirt on the trucks and monitor them closely, and direct Council
Member Bond to contact Mayor Bud Lewis of Carlsbad to discuss the possibility of using La
Costa Avenue for trucks returning to I-5 going south.
Brookie Westbrook, Donna Wcstbrook, and Sharon Brossman spoke about their concerns regarding
the impacts of the truck hauling of fill material through the City of Encinitas.
Hilbert Mercado, representing CB Richard Ellis, broker for the Encinitas Ranch Town Center
project, spoke in support of the grading permit and the truck hauling permit for the Encinitas Ranch
Town Center project.
Larry Dodd, representing the Encinitas Ranch Town Center Associates, spoke in support of the
truck hauling of fill mater/al.
Jack Clapp, representing the Kiewit Company, the contractor of the Lomas Santa Fe grade crossing
in Solana Beach, spoke in support of the truck hauling route presented by the Engineering
Department.
Chris Calkins, representing Carltas, spoke in support of the proposed truck hauling route.
Marry Minkoff, representing NCTD, spoke in support of the hauling of fill mater/al for the
Encinitas Ranch Town Center.
Mayor Aspell declared a recess from 10:05 to 10:10 P.M.
ACTION:
Cameron requested an amendment to the motion and DuVivier agreed to return to the
November 19, 1998, City Council Meeting, the update on the truck activities, review the
possibility of not having the truck hauling all of Christmas week, to run a full page ad in the
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newspaper advising the public of the truck haul route and hours of operation, to contact the
schools advising them of the project, and to instruct the drivers not to have trneks idling.
ACTION:
Bond requested a second amendment to the motion and DuVivier agreed to have the track
hauling south bound on Manchester Avenue and E! Camino Real from 10:00 a.m. to 4:00
p.m.
Both amended motions carried. Ayes: Aspell, Bond, Cameron, Davis, DuVivier; Nays: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR BY COUNCIl,
None.
REOUESTS FOR FUTURE CONSIDERATION BY TItE CITY COUNCIl,
None.
CITY COUNCIL/CITY MANAGER REPORT
None.
ADJOURNMENT
Mayor Aspell declared the meeting adjourned at 10:21 P.M. to November 19, 1998, at 6:00 P.M.
De~orah cervo~, Oily Cl~rk
By: Sandra Maluia, Secretary Sheila Cameron, I~layor
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