MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING MARCH 13, 2013, 6:00 P.M., 505 SOUTH VULCAN AVENUE

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1 MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING MARCH 13, 2013, 6:00 P.M., 505 SOUTH VULCAN AVENUE CALL TO ORDER/ROLL CALL Mayor Barth called the meeting to order at 6:00 P.M. Present: Absent: Mayor Teresa Arballo Barth, Deputy Mayor Lisa Shaffer, Council Members Kristin Gaspar, Tony Kranz, and Mark Muir (left the meeting at 6:15 P.M.). None. Also Present: City Manager Vina, City Attorney Sabine, Senior Planner Sapa u, Senior Planner Curridan, Environmental Project Manager Vurbeff, Associate Traffic Engineer Mangohig, Fire Marshal Scott, Senior Engineer Maher, City Clerk Hollywood, and Deputy City Clerk Bingham. There being a quorum present, the meeting was in order. PLEDGE OF ALLEGIANCE ORAL COMMUNICATIONS Lynn Marr spoke regarding Council subcommittees. James Wang requested Council consider banning single use plastic bags and styrofoam takeout containers. Mark Wisniewski announced that Arbor Week was March 7 th through 14 th. CLOSING AND ADOPTION OF THE CONSENT CALENDAR Muir moved, Shaffer seconded to close and adopt the Consent Calendar. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. 1. Approval of Minutes of the Regular Meeting and the Special Meeting. Contact Person: City Clerk Hollywood. STAFF RECOMMENDATION: Approve the Minutes. 2. Approval of Warrants List. Contact Person: Finance Manager Lundgren. 03/13/13 Reg. Mtg. Page 1 Mtg. #2013-, Bk#27, Page 04/10/2013 Item #01 Page 1

2 03/13/13 Regular Meeting STAFF RECOMMENDATION: Approve the Warrants List. 3. *Adoption of Ordinance entitled Encinitas Municipal Code Chapter 6.11 Operations Permit: Special Events. Contact Person: Parks and Recreation Director Rudloff. STAFF RECOMMENDATION: Adopt Ordinance entitled An Ordinance of the City Council of the City of Encinitas, California, adding Chapter 6.11 to the Encinitas Municipal Code regarding Operations Permits for Special Events. REGULAR AGENDA ITEMS 4. Continued public hearing to consider an appeal filed by Marco Gonzalez on behalf of the applicant of the Planning Commission s denial of a Tentative Map and Design Review Permit application for the subdivision of the subject 7.87-gross-acre property into 16 residential lots and 1 private street lot. The subdivision is a density bonus subdivision in accordance with Section of the California Government Code and would include 1 affordable dwelling unit to comply with density bonus provisions. The applicant is also proposing to pay a fee in-lieu of providing the one inclusionary affordable unit required to satisfy the City s dedication requirement for affordable housing assistance. The project includes grading of the site for building pads and associated retaining walls, construction of a private street, construction of a public recreational trail along the western boundary of the project site, landscaping improvements and the construction of a freestanding wall for fuel buffer mitigation. The subject property is located in the Rural Residential 2 (RR-2) zone. CASE NUMBER: TMDB/DR/EIA. FILING DATE: December 23, LOCATION: 1335 Desert Rose Way (APN: ). APPLICANT: Woodridge Farms Estates, LLC. APPELLANT: Woodridge Farms Estates, LLC. Contact Person: Senior Planner Sapa u. STAFF RECOMMENDATION: Set aside the decision of the Planning Commission and uphold the appeal, thus approving Case No TMDB/DR/EIA based on the draft resolution presented to the Planning Commission for the November 1, 2012 meeting as recommended by staff, including new and modified conditions included in a Memo to the Planning Commission dated November 1, 2012, and adopt the associated Final Mitigated Negative Declaration. Before Item #4 was heard, Council Member Muir recused himself and left the Council Chambers due to a conflict of interest regarding his review of the fire protection component of the development when he was the Fire Chief. Senior Planner Sapa u presented the staff report. 03/13/13 Reg. Mtg. Page 2 Mtg. #2013-, Bk#27, Page 04/10/2013 Item #01 Page 2

3 03/13/13 Regular Meeting The following disclosures were made by Council: Council Members GaSpar and Kranz along with Deputy Mayor Shaffer stated that they had received numerous s. Mayor Barth stated that she had received s and had spoken with the appellant s attorney Marco Gonzalaz. City Attorney Sabine announced that no new information would be accepted on the appeal unless it was CEQA related. Mayor Barth continued the public hearing from the January 23, 2013 City Council meeting. Marco Gonzalaz, representing the appellant/applicant presented his appeal. The following speakers addressed Item #4: Fred Frumin, Everett Delano, John Jerotz, Ron Katznelson, Karen Haubirch, Dan Graboi, Julie Graboli, Bill Butler, Bob Nortman, and Matt Roberts. Mayor Barth declared a recess from 8:20 P.M. to 8:32 P.M. The public speakers continued: Mark Bramson, Scott Hodges, Sheri Hodges, and Greg Gorgas. Marco Gonzalaz, presented his rebuttal. Mayor Barth closed the continued public hearing. Kranz moved, Barth seconded to set aside the decision of the Planning Commission and uphold the appeal, thus approving Case No TMDB/DR/EIA based on the draft resolution presented to the Planning Commission for the November 1, 2012 meeting as recommended by staff, including new and modified conditions included in a Memo to the Planning Commission dated November 1, 2012 and adopt the associated Final Mitigated Negative Declaration; and to change the retaining wall to a 6 modified glass wall, add requested knuckle improvements, to have the density bonus unit be the first unit to receive occupancy certification, and to return to Council with a resolution of approval. Mayor Barth requested a modification to the motion to accept the 6 retaining wall with the application at this time and for the design specifics of the wall to be decided at design review time. Kranz concurred. Original motion and modification were voted on. Motion carried. Ayes: Barth, Gaspar, Kranz. Nays: None. Abstain: Shaffer. Absent: Muir. 03/13/13 Reg. Mtg. Page 3 Mtg. #2013-, Bk#27, Page 04/10/2013 Item #01 Page 3

4 03/13/13 Regular Meeting Gaspar moved, Barth seconded to extend the City Council meeting to 10:30 P.M. Motion carried. Ayes: Barth, Gaspar, Kranz, Shaffer. Nays: None. Absent: Muir. FUTURE AGENDA ITEMS ADDED BY COUNCIL MEMBERS COUNCIL CONSENSUS: There was Council Consensus to review the following development policies: Size of the buffer, on-street parking, traffic trip thresholds, energy efficiency requirements for new construction including grey water, what density would be allowed and tools to reduce density bonus projects, and the process regarding waivers. Council Member Kranz requested a report on the policy for the disposal of worn flags including the burning of. Mayor Barth seconded. ADJOURNMENT Mayor Barth adjourned the meeting at 10:15 P.M. Kathy Hollywood, City Clerk By: Claudia Bingham Deputy City Clerk Teresa Arballo Barth, Mayor 03/13/13 Reg. Mtg. Page 4 Mtg. #2013-, Bk#27, Page 04/10/2013 Item #01 Page 4

5 MINUTES OF THE ENCINITAS CITY COUNCIL SPECIAL MEETING MARCH 20, 2013, 5:00 P.M., 505 SOUTH VULCAN AVENUE CALL TO ORDER/ROLL CALL Mayor Barth called the meeting to order at 5:01 P.M. Present: Absent: Mayor Teresa Arballo Barth, Deputy Mayor Lisa Shaffer, Council Members Kristin Gaspar, Tony Kranz, and Mark Muir. None. Also Present: City Manager Vina, City Attorney Sabine, Assistant City Attorney Lusitana, Risk Manager Schwarm and City Clerk Hollywood. There being a quorum present, the meeting was in order. CITY COUNCIL REGULAR AGENDA ITEMS 1. Discussion on whether to sell property located near Santa Fe Drive and Lake Drive, described as Assessor Parcel Number , and direction to real property negotiator. City Negotiator: City Manager Gus Vina To Negotiate With: Tony Pauker, VP Development, City Ventures STAFF RECOMMENDATION: Recess to closed session to provide direction. City Attorney Sabine stated that Item #1on the regular agenda was whether Council wanted to continue pursuing the sale of the property located near Santa Fe Drive and Lake Drive. Kranz moved, Shaffer seconded to adjourn into Closed Session to discuss Closed Session Item #1. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. Gaspar moved, Muir seconded to adjourn into Closed Session to discuss Closed Session Item #2. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. Mayor Barth adjourned into Closed Session at 5:06 P.M. 03/20/13 Spec. Mtg. Page Mtg. #2013-, Bk#27, Page 04/10/2013 Item #01 Page 5

6 Special Meeting CLOSED SESSION 1. ADJOURN TO CLOSED SESSION FOR CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION AUTHORITY: Government Code Section a NAME OF CASE: Gardner v. City of Encinitas Case No CU-WM-NC 2. ADJOURN TO CLOSED SESSION FOR CONFERENCE WITH REAL PROPERTY NEGOTIATOR AUTHORITY: Government Code PROPERTY: Located near Santa Fe Drive and Lake Drive, described as Assessor Parcel Number CITY NEGOTIATOR: Gus Vina, City Manager TO NEGOTIATE WITH: Tony Pauker, VP Development, City Ventures UNDER NEGOTIATION: Price and terms REPORT FROM CLOSED SESSION City Attorney Sabine reported that with respect to Closed Session Item #1, there was unanimous consensus to direct Legal Counsel to defend the lawsuit. City Attorney Sabine reported that with respect to Closed Session Item #2 there was unanimous consensus to direct the City s negotiator to move forward with the negotiations for the potential sale of the property and to do the following: 1. Direct the City s negotiator to select an appraiser to do an appraisal of the property at the expense of the purchaser (City Ventures). 2. Return to Council in open session with a buy/sell agreement for Council consideration reflecting the imposition of the deed restriction on the property which prohibits any building of structures on the subject property including any facilities that transmit radio frequencies. ADJOURNMENT Mayor Barth adjourned the meeting at 5:50 P.M. Kathy Hollywood, City Clerk By: Claudia Bingham Deputy City Clerk Teresa Arballo Barth, Mayor Spec. Mtg. Page 2 Mtg. #2013-, Bk# 27, Page 04/10/2013 Item #01 Page 6

7 MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING MARCH 20, 2013, 6:00 P.M., 505 SOUTH VULCAN AVENUE CALL TO ORDER/ROLL CALL Mayor Barth called the meeting to order at 6:02 P.M. Present: Absent: Mayor Teresa Arballo Barth, Deputy Mayor Lisa Shaffer, Council Members Kristin Gaspar, Tony Kranz, and Mark Muir. None. Also Present: City Manager Vina, City Attorney Sabine, Senior Management Analyst McSeveney, Finance Director Nash, Assistant General Manager O Donnell, City Clerk Hollywood, and Deputy City Clerk Bingham. There being a quorum present, the meeting was in order. PLEDGE OF ALLEGIANCE REPORT OUT OF CLOSED SESSION City Attorney Sabine reported that with respect to Closed Session Item #1, there was unanimous consensus to direct Legal Counsel to defend the lawsuit. City Attorney Sabine reported that with respect to Closed Session Item #2 there was unanimous consensus to direct the City s negotiator to move forward with the negotiations for the potential sale of the property and to do the following: 1. Direct the City s negotiator to select an appraiser to do an appraisal of the property at the expense of the purchaser (City Ventures). 2. Return to Council in open session with a buy/sell agreement for Council consideration reflecting the imposition of the deed restriction on the property which prohibits any building of structures on the subject property including any facilities that transmit radio frequencies. ORAL COMMUNICATIONS C.J. Minster spoke regarding Council Members abstaining from voting on agenda items. Chris Oldham and Anne Marie Oldman requested Council agendize the issue of including the undergrounding of SDG&E power cables on 4 th Street as part of the Moonlight Beach improvement project. 03/20/13 Reg. Mtg. Page 1 Mtg. #2013-, Bk. #27, Page 04/10/2013 Item #01 Page 7

8 03/20/13 Regular Meeting Mark Wisniewski spoke regarding the treatment of trees at various construction projects within the City. Kathleen Lindemann spoke regarding the ERAC report and its possible impact on low income housing in the city. CHANGES TO THE AGENDA Mayor Barth announced that Council would present their regional board reports after the Consent Calendar was heard. Council Member Muir removed Item #2 from the Consent Calendar. CLOSING AND ADOPTION OF THE CONSENT CALENDAR Gaspar moved, Shaffer seconded to close and adopt the amended Consent Calendar. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. 1. Approval of Minutes of the Regular Meeting. Contact Person: City Clerk Hollywood. STAFF RECOMMENDATION: Approve the Minutes. The regional reports were presented out of order. REPORTS FROM CITY COUNCIL MEMBERS / REPRESENTATIVES OF REGIONAL BOARDS / CITY ATTORNEY/CITY MANAGER Council Member Gaspar announced that she had attended an Encina Wastewater Authority meeting, a subcommittee meeting for the City Manager/City Attorney evaluations and a subcommittee meeting for the Encinitas Right to Vote amendment initiative arguments. Council Member Kranz announced that he had attended the Cardiff Library s 99 th Birthday celebration. Council Member Muir announced that he had attended a San Diego County Water Authority meeting, a San Elijo JPA meeting, attended the Encinitas Arts Festival and a North County Dispatch JPA meeting. 03/20/13 Reg. Mtg. Page 2 Mtg. #2013-, Bk. #27, Page 04/10/2013 Item #01 Page 8

9 03/20/13 Regular Meeting Deputy Mayor Shaffer announced that she had attended a SANDAG Board meeting and Transportation meeting, attended the Cardiff Fire Station ribbon cutting ceremony, attended the Opening Day for youth softball, and the League of California Cities monthly luncheon. Mayor Barth stated that she had attended the SANDAG Boarders Subcommittee meeting, a subcommittee meeting for the Encinitas Right to Vote amendment initiative arguments, participated in the Meals on Wheels Mayor s day, and attended the Cardiff Library 99 th Birthday celebration. REGULAR AGENDA ITEMS 3. Council to meet with applicants for Commission for the Arts, Environmental Commission, Parks and Recreation Commission, Planning Commission, Senior Citizen Commission, and Traffic Commission. Appointments are scheduled to be made by Council on March 27, Contact Person: City Clerk Hollywood. STAFF RECOMMENDATION: Hear each applicant briefly explain his\her qualifications and interest in serving on a City Commission. The following applicants were heard for the various positions on the Commissions. ARTS COMMISSION - THREE APPOINTMENTS TO BE MADE Thora Guthrie and Terri Zimdars. Tim Lueker and Judy Thum (incumbents) were unable to attend the meeting. ENVIRONMENTAL COMMISSION THREE APPOINTMENTS TO BE MADE Rosemary Cooper, Brian Grover (incumbent), D. Rick Van Schoik, James Wang and Bryan Ziegler. John Eldon (incumbent) was unable to attend. PARKS & RECREATION COMMISSION THREE APPOINTMENTS TO BE MADE Rosemary Cooper, John Gjata (incumbent), Douglas Goad (incumbent), Sanford Shapiro, and Brian Ziegler. PLANNING COMMISSION CARDIFF-BY-THE-SEA Jo Ann Shannon (incumbent) and Peter Stern PLANNING COMMISSION OLD ENCINITAS Kurt Groseclose (incumbent). SENIOR CITIZEN COMMISSION THREE APPOINTMENTS TO BE MADE Roger Bolus, Joel King (incumbent) and Lee Vance (incumbent). 03/20/13 Reg. Mtg. Page 3 Mtg. #2013-, Bk. #27, Page 04/10/2013 Item #01 Page 9

10 03/20/13 Regular Meeting TRAFFIC COMMISSION CARDIFF-BY-THE-SEA Catherine Blakespear (incumbent). TRAFFIC COMMISSION OLIVENHAIN Rosemary Cooper and Peter Kohl (incumbent). Jerry Porter was unable to attend. 4. Discussion and approval of 2013 Legislative Priorities and adoption of Council Legislative Program Policy C024. Contact Person: Senior Management Analyst McSeveney. STAFF RECOMMENDATION: Approve the 2013 Legislative Priorities and adopt Council Legislative Program Policy C024. Russell Levan and Darius Degher spoke in support of the staff recommendation. Shaffer moved, Gaspar second to approve the 2013 Legislative Priorities including the following additions: Under Protect Funding for Vital Community Services add Mental Health Services. Under Protect Local Control of Land-use Decision-Making add Seek opportunities to regain local control over state-imposed density bonus law. Under Support Environmental Sustainable Cities add support state-wide plastic bag ban legislation. Under Expand Infrastructure Investment add Support local rail infrastructure investment. Under Coastal Protection and Enhancement add Support ecosystem enhancing legislation. Council shall be apprised of legislative actions of the County of San Diego. Adopt Council Legislative Program Policy C024 with the following approved additions: A. For the proposed legislation, either consistent with the City s Legislative Priorities or consistent with legislative positions the City has taken in the past, City Staff shall be authorized to prepare position letters for the Mayor s signature and place the correspondence on the Council s consent agenda for potential comment prior to being sent. F. All members of City Council shall receive electronic copies of the legislative bills lists forwarded to staff by the City s government relations firm. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. 5. Council approval for sending a position letter regarding Assembly Bill 40 (Mansoor) Recovery and Treatment Facilities. Contact Person: Senior Management Analyst McSeveney. 03/20/13 Reg. Mtg. Page 4 Mtg. #2013-, Bk. #27, Page 04/10/2013 Item #01 Page 10

11 03/20/13 Regular Meeting STAFF RECOMMENDATION: City Council approves sending the attached position letter, or provides staff with direction. Muir moved, Gaspar seconded to send the position letter regarding Assembly Bill 40 (Mansoor) Recovery and Treatment Facilities. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. 6. Adoption of Resolution , supporting the City of Encinitas participation in the 2013 National Mayor s Challenge for Water Conservation. Contact Person: Assistant General Manager O Donnell. STAFF RECOMMENDATION: Adopt Resolution , supporting the City of Encinitas participation in the 2013 National Mayor s Challenge for Water Conservation. Shaffer moved, Muir seconded to adopt Resolution , supporting the City of Encinitas participation in the 2013 National Mayor s Challenge for Water Conservation. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. Mayor Barth declared a recess from 7:57 P.M. to 8:08 P.M. 7. Operating Budget Presentation and Presentation by John Bartel of Bartel Associates, LLC regarding pensions. Contact Person: Finance Director Nash. STAFF RECOMMENDATION: Informational report. Staff report was presented by Finance Director Tim Nash and John Bartel of Bartel Associates, LLC. COUNCIL CONSENSUS: There was Council Consensus to discuss the following during the next budget process: Infrastructure including road maintenance requirements Health benefits/pension benefits for retirees Amount spent on City hired consultants Multiple scenarios for economic growth CONSENT CALENDAR ITEMS REMOVED BY COUNCIL MEMBERS 2. Approval of Warrants List. Contact Person: Finance Manager Lundgren. STAFF RECOMMENDATION: Approve the Warrants. 03/20/13 Reg. Mtg. Page 5 Mtg. #2013-, Bk. #27, Page 04/10/2013 Item #01 Page 11

12 03/20/13 Regular Meeting Council Member Muir removed this item from the Consent Calendar for further clarification. Muir moved, Shaffer seconded to approve the Warrants list. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. FUTURE AGENDA ITEMS ADDED BY COUNCIL MEMBERS Council Member Muir requested a report on ICLEI Local Governments for Sustainability. ADJOURNMENT Mayor Barth adjourned the meeting at 10:00 P.M. in memory of Mark Anderson, owner of Anderson s Stationary. Kathy Hollywood, City Clerk By: Claudia Bingham Deputy City Clerk Teresa Arballo Barth, Mayor 03/20/13 Reg. Mtg. Page 6 Mtg. #2013-, Bk. #27, Page 04/10/2013 Item #01 Page 12

13 MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING MARCH 27, 2013, 6:00 P.M., 505 SOUTH VULCAN AVENUE CALL TO ORDER/ROLL CALL Mayor Barth called the meeting to order at 6:21 P.M. Present: Absent: Mayor Teresa Arballo Barth, Deputy Mayor Lisa Shaffer, Council Members Kristin Gaspar, Tony Kranz, and Mark Muir. None. Also present: City Manager Vina, City Attorney Sabine, Assistant City Manager Phillips, Park and Recreation Director Rudloff, Management Analyst Stauffer, City Clerk Hollywood, and Deputy City Clerk Bingham. There being a quorum present, the meeting was in order. SPECIAL PRESENTATIONS/PROCLAMATIONS Proclamation for Mark Anderson, owner of Anderson s Stationers This proclamation will be presented to Mr. Anderson s family at a future City Council meeting. Proclamation for Detective Bob Stevenson Mayor Barth presented a proclamation to Detective Bob Stevenson on behalf of the City Council. ORAL COMMUNICATIONS Brian Burke spoke regarding the City s unfunded pension liability. Lynn Marr spoke regarding the Desert Rose project appeal hearing. Mark Wisniewski spoke regarding the treatment of trees at various construction projects within the City. CLOSING AND ADOPTION OF THE CONSENT CALENDAR Muir moved, Shaffer seconded to close and adopt the Consent Calendar. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. 03/27/13 Reg. Mtg. Page 1 Mtg. #2013-, Bk#27, Page 04/10/2013 Item #01 Page 13

14 03/27/13 Regular Meeting 1. Approve Minutes of the 03/12/2013 Special Meeting and the 03/13/2013 Special Meeting. Contact Person: City Clerk Hollywood. STAFF RECOMMENDATION: Approve minutes. 2. Approval of Warrants List. Contact Person: Finance Manager Lundgren. STAFF RECOMMENDATION: Approve warrants. REGULAR AGENDA 3. Council to make appointments to Commission for the Arts, Environmental Commission, Parks and Recreation Commission, Planning Commission, Senior Citizen Commission, and Traffic Commission with an effective date of April 1, Contact Person: City Clerk Hollywood. STAFF RECOMMENDATION: Vote by ballot to make appointments to commission. The following votes were cast for appointments to the various commissions. COMMISSION FOR THE ARTS - THREE (3) APPOINTMENTS TO BE MADE On the first vote Barth voted for Thora C. Guthrie, Tim Lueker, and Judy Thum; Gaspar voted for Thora C. Guthrie, Tim Lueker and Judy Thum; Kranz voted for Thora C. Guthrie, Tim Lueker and Judy Thum; Muir voted for Thora C. Guthrie, Tim Lueker and Judy Thum; and Shaffer voted for Thora C. Guthrie, Tim Lueker and Judy Thum. Thora C. Guthrie, Tim Lueker and Judy Thum were appointed to the Commission for the Arts effective April 1 st. ENVIRONMENTAL COMMISSION - THREE (3) APPOINTMENTS TO BE MADE On the first vote Barth voted for John Eldon, Brian Patrick Grover, and James Wang; Gaspar voted for Rosemary Cooper, John Eldon and Brian Patrick Grover; Kranz voted for John Eldon, Brian Patrick Grover, and James Wang; Muir voted for John Eldon, Brian Patrick Grover and James Wang; and Shaffer voted for Brian Patrick Grover, D. Rick Van Schoik and James Wang. John Eldon, Brian Patrick Grover and James Wang were appointed to the Environmental Commission effective April 1 st. PARKS & RECREATION COMMISSION THREE APPOINTMENTS TO BE MADE On the first vote Barth voted for Rosemary Cooper, John Gjata and Douglas Goad; Gaspar voted for John Gjata, Douglas Goad and Sanford Shapiro; Kranz voted for Rosemary Cooper, John Gjata and Sanford Shapiro; Muir voted for John Gjata, Douglas Goad and Sanford Shapiro; Shaffer voted for John Gjata, Douglas Goad and Sanford Shapiro. 03/27/13 Reg. Mtg. Page 2 Mtg. #2013-, Bk#27, Page 04/10/2013 Item #01 Page 14

15 03/27/13 Regular Meeting John Gjata, Douglas Goad and Sanford Shapiro were appointed to the Parks and Recreation Commission effective April 1 st. PLANNING COMMISSION - CARDIFF BY THE SEA On the first vote Barth voted for Jo Ann Shannon; Gaspar voted for Jo Ann Shannon; Kranz voted for Jo Ann Shannon; Muir voted for Jo Ann Shannon; Shaffer voted for Jo Ann Shannon. Jo Ann Shannon was appointed to the Planning Commission representing Cardiff by the Sea. PLANNING COMMISSION OLD ENCINITAS On the first vote Barth voted for Kurt Groseclose; Gaspar voted for Kurt Groseclose; Kranz voted for Kurt Groseclose; Muir voted for Kurt Groseclose; Shaffer voted for Kurt Groseclose. Kurt Groseclose was appointed to the Planning Commission representing Old Encinitas. SENIOR CITIZEN COMMISSION THREE (3) APPOINTMENTS TO BE MADE On the first vote Barth voted for Roger Bolus, Joel King and Lee Vance; Gaspar voted for Roger Bolus, Joel King and Lee Vance; Kranz voted for Roger Bolus, Joel King and Lee Vance; Muir voted for Roger Bolus, Joel King and Lee Vance; Shaffer voted for Roger Bolus, Joel King and Lee Vance. Roger Bolus, Joel King and Lee Vance were appointed to the Senior Citizen Commission effective April 1 st. TRAFFIC COMMISSION- CARDIFF BY THE SEA On the first vote Barth voted for Catherine Blakespear; Gaspar voted for Catherine Blakespear; Kranz voted for Catherine Blakespear; Muir voted for Catherine Blakespear; Shaffer voted for Catherine Blakespear. Catherine Blakespear was appointed to the Traffic Commission representing Cardiff by the Sea. TRAFFIC COMMISSION OLIVENHAIN On the first vote Barth voted for Jerry Porter; Gaspar voted for Peter Kohl; Kranz voted for Peter Kohl; Muir voted for Peter Kohl; Shaffer voted for Rosemary Cooper. Peter Kohl was appointed to the Traffic Commission representing Olivenhain. 03/27/13 Reg. Mtg. Page 3 Mtg. #2013-, Bk#27, Page 04/10/2013 Item #01 Page 15

16 03/27/13 Regular Meeting 4. Presentation by the Main Street organizations and the Encinitas Chamber of Commerce on achievements, work plans and promoting economic vitality in the City of Encinitas. Contact Person: Deputy City Manager Phillips. STAFF RECOMMENDATION: Receive presentation. Presentation were made by Peder Norby, 101 Main Street Coordinator, Brenda Dizon, President of Cardiff 101 Main Street, Nick Winfrey, Board Member of Leucadia 101 Main Street, Dody Crawford, Executive Director of DEMA and Bob Gattinella, representing the Encinitas Chamber of Commerce. Lynn Marr and Donna Westbrook spoke. There was Council Consensus to receive the report. 5. Discussion and Council direction on the processing of a special event permit application for a proposed new special event, The Encinitas Mile, on August 24, Contact Person: Parks and Recreation Director Rudloff. STAFF RECOMMENDATION: Discussion and Council direction on the processing of a special event permit application for a proposed new special event, The Encinitas Mile, on August 24, 2013 under existing special event policy. Daniel Seidel and Mark Sarno, representing the The Encinitas Mile spoke. Donna Westbrook spoke. Kranz moved, Shaffer seconded to not approve the special event permit application for the proposed event The Encinitas Mile. Motion carried. Ayes: Barth, Kranz, Muir, Shaffer. Nays: Gaspar. Mayor Barth declared a recess from 8:15 P.M. to 8:28 P.M. 6. Ballot argument against Proposition A, the initiative entitled The Encinitas Right to Vote Amendment. Contact Person: Sub-committee Members Mayor Barth and Council Member Gaspar. STAFF RECOMMENDATION: Receive report from Subcommittee and take action based on Council discussion. Lynn Marr, Mike Andreen, Steve Shackelton, and Donna Westbrook spoke. 03/27/13 Reg. Mtg. Page 4 Mtg. #2013-, Bk#27, Page 04/10/2013 Item #01 Page 16

17 03/27/13 Regular Meeting Muir moved, Gaspar seconded to receive the public s input, have the subcommittee write the argument language for Proposition A and to share the argument language for Proposition A with Council. Motion failed. Ayes: Gaspar, Muir. Nays: Barth, Kranz, Shaffer. Barth moved, Shaffer second to draft the ballot argument language for Proposition A at this meeting. Motion carried. Ayes: Barth, Kranz, Shaffer. Nays: Gaspar, Muir. Kranz moved, Gaspar second to extend the City Council Meeting to 10:30 P.M. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. Gaspar moved, Shaffer seconded to extend the City Council Meeting to 11:00 P.M. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. Gaspar moved, Muir seconded to extend the City Council meeting to 11:30 P.M. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. Shaffer moved, Kranz seconded to accept the following Argument against Proposition A: ARGUMENT AGAINST PROPOSITION A Your City Council opposes Proposition A as written. While the Council does agree with the intent of individual parts of the proposition, state law does not allow voters to approve portions of an initiative; it must be accepted or rejected in whole. This is why the Council voted to recommend a NO vote on Proposition A. HEIGHT LIMIT Proposition A imposes a city-wide height limit and changes how building height is measured. It could be interpreted to allow raising the existing lower-than-30-foot limit to a higher 30-foot limit in residential areas. OVERRIDES COMMUNITY PLANS Prop A would undermine efforts supported by a decade of public input to revitalize Highway 101 in our downtown and Leucadia. These changes would override existing policies and supersede the Downtown, Encinitas Ranch, and North 101 Specific Plans. DIVIDES OUR COMMUNITY The Initiative makes changes in the Coastal Zone that could not be implemented without approval from the Coastal Commission. This could result in different rules for different parts of Encinitas and increase, rather than decrease, development pressures in this area. STATE MANDATES REMAIN Proposition A will reduce the City s ability to manage state required growth. If land use plans are challenged, courts could intervene in our local planning decisions. COMMITMENT TO PROTECT The Encinitas City Council is committed to preserving quality of life and community character that makes Encinitas such a special place. The Council will propose changes to the General Plan (Land Use Policies 3.10 & ) to require zoning changes and General Plan Updates to be approved by a public vote providing the community with a greater voice in our future. This will 03/27/13 Reg. Mtg. Page 5 Mtg. #2013-, Bk#27, Page 04/10/2013 Item #01 Page 17

18 03/27/13 Regular Meeting fulfill the spirit of Proposition A -- the right to vote on upzoning without the potential adverse consequences. Please vote NO on Proposition A. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. Kranz moved, Muir second to retain the right to submit a Rebuttal Argument for Proposition A; appoint Deputy Mayor Shaffer and Council Member Muir to a Council Subcommittee to draft the language for the Rebuttal Argument for Proposition A; return to the April 10, 2013 City Council meeting to discuss and approve or not approve the rebuttal language for Proposition A with submission of the rebuttal language to the City Clerk by 5:00 P.M., April 11, Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. REPORTS FROM CITY COUNCIL MEMBERS / REPRESENTATIVES OF REGIONAL BOARDS / CITY ATTORNEY/CITY MANAGER Mayor Barth stated that the Mayor s State of the City address will be held on April 5, 2013 at the Encinitas Community Center. ADJOURNMENT Mayor Barth adjourned the meeting at 11:17 P.M. Kathy Hollywood, City Clerk By: Claudia Bingham Deputy City Clerk Teresa Arballo Barth, Mayor 03/27/13 Reg. Mtg. Page 6 Mtg. #2013-, Bk#27, Page 04/10/2013 Item #01 Page 18