1991-11-20 MINUTES OF ENC1N1TAS CITY COUNCIL ADJOURNED JOINT
REGULAR/SPECIAL ENC1NITAS PUBLIC FINANCING AUTHORITY
MEETING, NOVEMBER 2~ 1991, ~00 ~M., 535 ENCIN1TAS BOULEVARD
ADJOURNED FROM REGULAR CITY COUNCIL MEETING NOVEMBER 6, 1991.
1. CALL TO ORDER / ROLL CAT.T.
Mayor Hano called the meeting to order at 7:01 P.M.
Present: Mayor Gail Hano, Council Members John Davis, Anne Omsted,
Pamela Slater, and Maura Wiegand.
Absent: None
Also City Manager Shafer, City Attorney Krauel, City Clerk
Present: Pool, Interim Public WOrks Director Nelson, Assistant
City Manager Benson, Community Development Director
Murphy, Community Services Director Wigginton, Deputy
City Clerk Cervone
There being a quorum present, the meeting was in order.
2. PLEDGE OF ALLEGIANCE
It was announced that Item 10A was being continued to the December
llth Council Meeting.
3. SELECTION OF MAYOR AND DEPUTY MAYOR
Omsted moved, Hano seconded to nominate Council Member Wiegand as
Mayor and Council Member Davis as Deputy Mayor. Motion carried.
Ayes= Davis, Hano, Omsted, Slater, Wiegand~ Nays: None.
Chairperson Wiegand presented former Mayor Hano with roses and a
plaque on behalf of the City Council and Staff. Both Chambers of
Commerce presented the former Mayor with various mementos. Sheila
Cameron and other citizens commended the Former Mayor for her hard
work in the past year and also presented several gifts.
Mayor Hano thanked Staff for their support throughout the past
year.
RECESS FOR REFRESHMENTS --
Chairperson Wiegand declared a recess from 7:23 P.M. to 7:51 P.M.
4. SPECIAL PRESENTATIONS/PROCLAMATIONS
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5. CLOSING AND ADOPTION OF THE CONSENT CALENDAR
Council consensus was to remove from the Consent Calendar and set
for hearing items 5C, 5D, and 5E.
Omsted moved, Hano seconded to adopt the amended consent calendar.
Notion carried. Ayes= Davis, Hahn, Omsted, Slater, Wiegand;
Nays: None.
A. ADDroval of Minutes: Special Btudy Session 10/17/91, Specinl
Joint Meetin~ 11/06/91, and Adjourned Reqular Meetin~
11/06/91. Contact Person~ City Clerk Pool.
STAFFRECOMMENDATION: Approve min~es.
B. ADDroval of 11/20/91 Warrants List. Contact Person:
Assistant city Manaqer Benson.
STAFF RECOMMENDATION: Appmve wa~antslist.
F. Adontion of Resolution 91-99 Declarinq City,s Intent to
Reimburse Anmlicable Prior Period Expenditures from tho
Proceeds of the Bond Offering to Finance Acquisition and
Development of Vulcan Square. Contact Person: Manaqement
Anal st Hoer eh.
STAFF RECOMMENDA~ON: AdoptRe$o~Hongl-99.
G. Acceptance of Street and Drainaqe Improvements and
Recreational Trails for TM 4574t Final Map 11809, Shea Home~
Located Fortuna Ranch Road/Olivenhain; and Authorization for
Clt¥ Clerk to Record Notice of Completion. Contact Person:
Cltv Engineer Holt.
STAFF RECOMMENDATION: Accept imo ~e ~ ma~ined ~stem the wor~
of improvemems required ~ a pan of ~nal Map No. 11809; au~o~ze ~ Cle~
~ recoM notice of completion.
H. Aocentance of Street and Drainaqe ?mp~ovements for TM 4461,
Final MaD 12422, by Gene Johnston, Located at North Eh4 of
Cantebrla: and Authorization for City Clerk to Record Notic~
of Completion. Contact Person= City Enqineer Holt
STAFF RECOMMENDATION: Accept into ~ mainlined road ~stem the
wor~ of improvemem on Via Can~bHa Street and accept ~e drainage fadHties;
amhoHze Ci~ Cle~ ~ recoM notice of completion.
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6. ITEMS REMOVED FROM THE CONSENT CALENDAR BY THE PUBLIC
7. ORAL COMMUNICATIONS
Betsy Schrieber requested that Council review the policy regarding
employees use of City vehicles. She suggested mileage
reimbursement rather than using City vehicles for employees on-
call.
Karen Von Dessonneck spoke in opposition to the proposed assessment
district for the acquisition of Indian Head Canyon and questioned
the method of assessments.
Council Consensus was to have the Mayor compose a letter to provide
information to the residents on the subject of the Indian Head
Canyon acquisition.
Item llA was taken up next, out of agenda order.
11. JOINT MEETING ITEM
A. Adoption of City Resolution 91-98 and Enoinitas Public
Financin~ Authority Resolution 91-01 Approvlnq, Authorizinq
and Directinq Execution of Certain Lease Fi-~.~inq Documents
ADDrovinq Official Notice of Sale, Notice of Intention,
Preliminary Official Statement and Authorizinq and Directing
Certain Actions with Respect Thereto. Contact Person-
Manaaement Analyst Schilllnqer.
city Manager Shafer said Staff anticipated issuing the authorized
debt for the Vulcan Square Civic Center in two separate issues of
Certificates of Participation; one in December and another in
February. It is being broken into two separate issues to allow the
City to qualify as a small borrower for each issue by not issuing
more than 10 million dollars worth of debt in any given year. This
method would provide a potential savings of 1/4 of one percent
interest which could result in savings of up to $500,000.
B. Smith asked several questions and the consultant, Bill Madison,
responded.
Hano moved, Omsted seconded to adopt city Council Resolution 91-98
and Encinitas Public Financing Authority Resolution 91-01. Motion
carried. Ayes~ Davis, Hano, Omsted, Slater, Wiegand; Nays:
None.
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8. ADMINISTRATIVE HEARINGS
A. Administrative Hearin~ (continued from 11/6/91) of Anneal of
Community Development DeDartment,s Decision that Two of Thre-
Dwellln~ Units at 385 LaVeta Avenue are Illeqal Units and
Either Sub~ect to Abatement or to Being Brouqht into
Commllance Under the Council,s Illeqal Unit Policy. Contact
Person: Code Enforcement Officer Adams.
Code Enforcement Officer Cindy Adams reported this appeal was
continued from the November 6th Council meeting in order to give
the appellant an opportunity to locate building permits that the
previous owner said he obtained for construction/conversion of one
of the units. She said as of this date, no building permits or any
other evidence of legal construction had been submitted to the
City. It was Staff's recommendation to affirm the determination of
the Community Development Director that the two additional dwelling
units at 385 LaVeta Avenue are illegal units and subject to
abatement through either Code Enforcement process or the Council's
Illegal Unit Policy; thus denying the appeal.
City Attorney Krauel reported a copy of a residential appraisal
report for the property, prepared in 1982, had been delivered by
the property owner's attorney who had acquired it from the previous
property owner. He said the report referenced the existence of
three units as of that time and on the third page of the document
the zoning regulations were described for that period of time.
Also on the same page, an unsigned and undated hand-written note
which read "see copy, special permit in file -- all legal." He
said since it was unsigned and undated, it was not conclusive
evidence.
Jerry Dawson, attorney for the appellant, said that his client's
case was predicated by the fact that in 1978, the had County issued
a certificate of compliance and a full disclosure was given to the
County regarding the number of units that were on the property. He
said based on the appraisal report, he felt that some relief should
be granted to his client.
Council Member Slater disclosed she had visited the property and
the property owner.
Slater moved, Hano seconded to direct Staff to return with a review
of the Council's existing illegal unit policies and cease any
further enforcement activities on this case and any other similar
cases until Council reviewed the policies.
Omsted moved, Wiegand seconded to direct Staff to discontinue code
enforcement on this particular property.
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Community Development Director Murphy recommended that the motion
direct Staff to waive any code enforcement activities on this or
any other illegal units until the policy is reviewed.
Jerry Dawson requested that Council dismiss any zoning enforcement
action on the Tinch property on the condition that the buildings be
brought up to code.
Omsted moved, Hano seconded to amend the motion to state that
zoning code enforcement would discontinue on the Tinch property
only on the condition that the units meet uniform building code
standards.
City Attorney Krauel suggested that a time limit be placed on the
completion of building code compliance.
Omsted moved, Hano seconded to further amend the motion to require
the building code compliance be .completed within a six month
period.
Community Development Director Murphy explained that the Coastal
Commission would need to review the property prior to the City's
deeming the units legal and issuing building permits.
Amended motion carried. Ayes~ Davis, Hano, Omsted, Slater,
Wiegand; Naysz None.
Council consensus was to direct Staff to bring back the illegal
unit policy for review.
B. Administrative Hearinq of ADDeal Filed by Bradley Gessner of
Planninq commission,sApproval of Variance at 563 Rancho Santa
Fe Road, Case No. '91-084/V, ADDlicant Patricia Roskowski
Contact Personz Associate Planner Niles.
Community Development Director Murphy reported the issues of the
appeal were that the variance, allowing a 20 foot wide structure to
be built on a 30 foot wide lot, would negatively impact the
property values in the area and was not consistent with the
character of Olivenhain. This configuration would allow for only
a 5 feet side yard setback rather than the required 10 feet
setback. The appellants stated the nonconforming lots should be
required to be merged since they are considerably below the
required lot size in the RR-2 zone.
Me said it was Staff's Recommendation to affirm the decision of the
Planning Commission to approve the Variance for Case No. 91-084-V,
thus denying the appeal.
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Council consensus was to bring back the issue of lot merging and
Floor Area Ratio for nonconforming lots for a future agenda.
The applicant, Patricia Roskowski, said the variance was requested
because if she were required to comply with the side yard setback
regulations, she would be limited to constructing a 10 ~oot wide
house on the 30 foot wide lot.
Mark Barnum, the neighbor to the South of the proposed project,
spoke in opposition stating a 5 foot setback would infringe on his
privacy. He said there were two legal lots on this property, and
if the variance were granted, he felt the remaining lot would be
developed and the impact of three homes on this property would not
be consistent with the surrounding neighborhood.
Brad Gessner, also a neighbor, said if the Council permitted the
variance, many more property owners would apply for a variance for
nonconforming lots and the area would resemble row housing which
would change the character of Olivenhain.
Kevin Forrester, on behalf of the Olivenhain Town Council, asked
that the appeal be denied. He said there were many nonconforming
lots in the Olivenhain area and approving this variance would set
a precedent for allowing 5 foot sideyard setbacks throughout
Olivenhain.
Bob Quick spoke in opposition to the variance. He said the five
foot setback was not in keeping with the rural character of
Olivenhain.
Chairperson Wiegand declared a recess from 8:50 P.M. to 9:00 P.M.
Chairperson Wiegand and Council Members Omsted and Hano disclosed
they had visited the site.
Omsted moved, Hano seconded to grant the appeal based on the CAB,s
findings= (1) an alternate development plan was available that
would not need the variance; and (2) the variance was self-induced
because the applicant and her brother origlnally purchased two lots
which could have been merged in order to allow for the construction
of a standard size dwelling for the RR-2 zone. Motion carried.
Ayes: D&vis, Hano, 0msted, Slater, Wiegand; Nays= None.
Council consensus was to direct Staff to bring back the lot merger
policy for review 9rior to dealing with any more similar issues.
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9. UNFINISHED BUSINESS
A. Consideration of Adoption of Resolution 91-92 Amendlnq Voter
Anmroval Requirements of Growth Manag-m-nt Provisions of
General Plan. Contact Person: Comm-nit¥ Development Director
MurPhy.
Senior Planner Jones said this resolution contained the revisions
previously directed by Council.
Kelly Hicks said the Growth Management policies were redundant and
confusing. He referred to page 9A-6 of the Staff report, Item
4(b). He suggested dividing the hierarchy of zoning categories
into two groups; the first group would include light industrial
through office professional; and the second group would include
Residential 25 through Open space/parks. He suggested that changes
in uses be allowed from non-residential to residential provided the
resulting residential density does not exceed the prevailing
density surrounding the project. He referred to Item 4(c) on the
same page and disagreed with the proposal to allow changes from R-
11 to R-25 provided the area is 5 acres or less. He suggested
allowing land use changes, without voter approval, for those
changes which do not exceed a 25% to 30% density increase.
Sheila Cameron said the policies were not specific enough and asked
for clarification of the words "significant public benefit" in item
#5 on page 9A-7 of the Staff report. She supported Mr. Hicks'
previous comments.
Council consensus wasto insert, in 4(a) on page 9A-6, the concept
which Mr. Hicks' suggested regarding changes allowed without voter
approval provided the intensity does not exceed the prevailing
planned density in the surrounding area (specified in the General
Plan).
Community Development Director Murphy asked for clarification on
the above statement in reference to "surrounding area." He was
directed to bring back some proposed language to address this
issue.
Council consensus was to remove the last sentence in 4(a) on 9A-6;
The last sentence in 4(c) on 9A-6; and remove a portion of the last
sentence in Item 5 on 9A-7 beginning with "and shall consist of an
improvement, .),,
No action was taken on the draft resolution.
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B. Votinq to Appoint Five Members to Oakcrest Park Conceptual
Plan Advisory Group. contact Person: city Clerk Pool.
Council consensus was to delete the requirement that each member
represent one of the five CAB areas, due to the limited number of
applications received.
Hano moved, Slater seconded to appoint the committee members at
this meeting. Motion failed. Ayes: Hano, Slater; Nays: Davis,
Omsted, Wiegand.
Omsted moved, Davis seconded to extend the application period to
December 31, 1991, and notify the town councils of the need for
applicants. Ayes: Davis, Omsted, Wiegand; Nays: Hano, Slater
10. NEW BUSINESS
A. Review Draft Shorellne Preservation Strategy for the San Dieqo
Reaion. Contact Person= Community Development Director
Murphy.
The above item was continued to the December 11, 1991 Council
Meeting.
12. ITEMS REMOVED FROM THE CONSENT CALENDAR BY COUNCIL
The following items were removed from the Consent Calendar to be
set for Administrative Hearings:
C. Initial Consideration of Appeal of C~mmunlty Developmen~
DeDartment,s Decision to Deny the Enclosure of a Third Storv
Deck Located at 1338 Summdt Avenue, Appellants Ronald
Schmidt/Gale Wright. Contact Person: Comm,,nity Developmen~
DireotorMu__~.
D. Initial Consideration of Appeal Filed by Marqo Marshall
Reaardinq Determination by Co~_m_unit¥ Development Departmen~
for Abatement of Illeaa1 Unit Locate~ at 227 Santa Fe Drive or
Compliance with City Counoil,s Illeqal Unit Policy. Contac~
Person: Code Enforcement Officer ~a-m~.
E. Initial Consideration of ADDeal Filed by Barbara Miller of tho
Planninq Comm{ssion,s and Cardiff CAB,s Approval of Desiqn
Review ADDlioation Filed by Danlelsen/Beletsis, Case No. 91-
145/DR. Located at 1269 Blue Sky Drive. Contact Person:
Community Development Director Murphy
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13. CITY COUNCIL / CITY MANAGER REPORTS
Information Items -- No discussion or action to be taken
Council Member Omsted suggested Council recognize former
Committee/Commission members in a timely manner rather than waiting
for the annual recognition. Staff was directed to bring that
policy to Council for their review.
In addition, she suggested either the personnel committee or the
policy committee, together with the City Manager, immediately
develop an agenda for the upcoming Strategic Planning workshop.
She also said the Riparian Task Force had agreed to review a
completed grant application from a citizen who is representing a
community group. She said the process was more complicated than
originally thought and recommended Parks and Recreation review the
grant proposal to determine if they wish to rearrange their
priorities.
14. ADJOURNMENT
Chairperson Wiegand declared the meeting adjourned at 9:35 P.M. to
December 4, 1991, at 4:30 P.M.
'Mau~ra Wiegand, C~person E.--Jane Pool, City Clerk
By: Deborah Cervone
Deputy City Clerk
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