MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING NOVEMBER 9, 2011, 6:00 P.M., 505 SOUTH VULCAN AVENUE

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1 12/14/11 ITEM #01 1 MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING NOVEMBER 9, 2011, 6:00 P.M., 505 SOUTH VULCAN AVENUE CALL TO ORDER/ROLL CALL Mayor Bond called the meeting to order at 6:00 P.M. Present: Absent: Mayor James Bond, Council Members Teresa Arballo Barth, Kristin Gaspar, Mark Muir, and Jerome Stocks. None. Also Present: City Manager Vina, City Attorney Sabine, City Clerk Cervone, Senior Center Manager Goodsell, Interim Parks and Recreation Director O Grady, Planning and Building Director Murphy, Senior Planner Curridan, Deputy City Manager Phillips, and Deputy City Clerk Bingham. There being a quorum present, the meeting was in order. PLEDGE OF ALLEGIANCE SWEARING IN OF NEW COUNCIL MEMBER MARK MUIR City Clerk Cervone swore in new Council Member Muir. Mayor Bond declared a recess from 6:05 P.M. to 6:25 P.M. SPECIAL PRESENTATIONS/PROCLAMATIONS Proclamation recognizing Encinitas National Little League Team Presented by Mayor Bond to members of the Encinitas National Little League All-Star Team. ORAL COMMUNICATIONS George Hejduk spoke of his concerns regarding sidewalk dining in the downtown Encinitas area and requested staff remove the debris at the north bound exit of I-5 at Encinitas Blvd. Donna Westbrook stated that the swearing in of the new Council Member should have been listed as a regular agenda item. David Smith spoke of his concerns regarding the appointment of Council Member Muir. Lynn Marr spoke of her concerns with the appointment process. 11/09/11 Reg. Mtg. Page 1 Mtg. #2011-, Bk #24, Page

2 12/14/11 ITEM # /09/11 Regular Meeting Greg Barth congratulated Council Member Muir on his appointment. Dawn Redman, Andrew Audet and Mary Oren spoke of their opposition to the selection of Mark Muir as the new City Council Member. Anne Omsted stated that she was pleased with the process Council used in selecting the new Council Member. Darius Degher stated that he was opposed to the way Council handled the selection of the new Council Member. CLOSING AND ADOPTION OF THE CONSENT CALENDAR Council Member Muir stated that he would abstain from voting on Item #1 Meeting Minutes since he was not on Council for these meetings. ACTION: Stocks moved, Gaspar seconded to close and adopt the Consent Calendar. Motion carried. Ayes: Barth, Bond, Gaspar, Muir, Stocks. Nays: None. Abstain: Muir (from Item #1). 1. Approve the Minutes of the Special Meeting, Regular Meeting, and Regular Meeting. Contact Person: City Clerk Cervone. STAFF RECOMMENDATION: Approve the Minutes of the Special Meeting, Regular Meeting, and Regular Meeting. 2. Approval of , , and Warrants Lists. Contact Person: Finance Director Smith. STAFF RECOMMENDATION: Approve the , , and Warrants Lists. 3. Adoption of Resolution requesting funding from the California Coastal Commission s Public Recreational Beach Impact Mitigation Fund for the Moonlight State Beach Master Plan Development project. Contact Person: Senior Analyst Stauffer. STAFF RECOMMENDATION: Adopt Resolution requesting funding from the California Coastal Commission s Public Recreational Beach Impact Mitigation Fund for the Moonlight State Beach Master Plan Development Project. 4. Approval of Resolution authorizing the Execution and Delivery of a Third Amended and Restated Loan Agreement providing for the repayment of funds 11/09/11 Reg. Mtg. Page 2 Mtg. #2011-, Bk #24, Page

3 12/14/11 ITEM # /09/11 Regular Meeting borrowed from the San Elijo Joint Powers Authority for the Water Reclamation Facility, approving Sale of Bonds and Official Statement, and authorizing Official Actions. Contact Person: Director of Public Works Watt and Director of Finance Smith. STAFF RECOMMENDATION: Adopt Resolution authorizing the Execution and Delivery of a Third Amended and Restated Loan Agreement providing for the repayment of funds borrowed from the San Elijo Joint Powers Authority for the Water Reclamation Facility, approving Sale of Bonds and Official Statement and authorizing Official Actions. REGULAR AGENDA ITEMS 5. Consideration of Senior Transportation Study and authorize staff to proceed with the pilot project to increase Out & About Senior Transportation Program activities. Contact Person: Senior Center Manager Goodsell. STAFF RECOMMENDATION: Authorize staff to increase the Out & About Program s visibility and recruit additional volunteer drivers as outlined in this report. If this proves successful, additional costs of this program expansion would be considered as part of the City s regular budget review process. ACTION: Gaspar moved, Barth seconded to authorize staff to increase the Out & About Program s visibility and recruit additional volunteer drivers as outlined in the report. Motion carried. Ayes: Barth, Bond, Gaspar, Muir, Stocks. Nays: None. 6. City Council discussion and possible direction or action regarding a letter to the State Dept. of Alcoholic Beverage Control (ABC) objecting to the modification of a license condition prohibiting the sale of distilled spirits in containers of less than 375 ml at the Quickie Food Store, Inc. establishment at 233 N. El Camino Real. Contact Person: City Planner Curriden. STAFF RECOMMENDATION: Receive report and provide direction as to any further action. The following speakers addressed Council: Dr. Sami Jihad, Nancy Logan, and Judi Strang. Deputy Mayor Stocks moved to direct staff to write a letter in support of the business owners request from the Council. Motion died for lack of second. Mayor Bond stated that the original letter sent to ABC stood valid. 11/09/11 Reg. Mtg. Page 3 Mtg. #2011-, Bk #24, Page

4 12/14/11 ITEM # /09/11 Regular Meeting FUTURE AGENDA ITEMS ADDED BY COUNCIL MEMBERS Council Member Muir requested the Sheriff s Department provide a report on Spice, the synthetic marijuana that was sold in some local stores. Deputy Mayor Stocks concurred. REPORTS FROM CITY COUNCIL MEMBERS / REPRESENTATIVES OF REGIONAL BOARDS / CITY ATTORNEY/CITY MANAGER Council Member Muir had no reports. Council Member Gaspar stated that she had attended recent meetings for the Encina Wastewater Authority Board of Directors and the Encina Wastewater Authority Board Capital Improvement committee, a SANDAG Board of Directors meeting, and the second meeting of the subcommittee for the General Plan Stakeholders group. Council Member Barth attended the second meeting of the subcommittee for the General Plan Stakeholders group, the CERT Annual meeting, the Jonathon Tarr Foundation awards dinner and stated that the Rubinstein/Summit Traffic Calming improvements were almost complete. Deputy Mayor Stocks stated that he had attended the SANDAG Executive Board of Directors meeting, the SANDAG meeting regarding the 2050 Regional Transportation plan, and a press conference for the I-15 Managed Lane completion. Mayor Bond stated that he had attended a County Water Authority Board of Directors meeting and the Metropolitan Water District Delegates meeting. City Manager Vina stated that he had visited the EDCO Waste & Recycling facility and attended the City Manager/County Executive monthly meeting. ADJOURNMENT Mayor Bond adjourned the meeting at 8:15 P.M. Deborah Cervone, City Clerk By: Claudia Bingham Deputy City Clerk James Bond, Mayor 11/09/11 Reg. Mtg. Page 4 Mtg. #2011-, Bk #24, Page

5 12/14/11 ITEM #01 5 MINUTES OF THE ENCINITAS CITY COUNCIL SPECIAL MEETING NOVEMBER 16, 2011, 4:00 P.M., 505 SOUTH VULCAN AVENUE CALL TO ORDER/ROLL CALL Mayor Bond called the meeting to order at 4:00 P.M. Present: Mayor James Bond, Council Members Teresa Arballo Barth, Kristin Gaspar, Mark Muir and Jerome Stocks. Also Present: City Attorney Sabine, City Manager Vina, Special Attorney Neil Meyers (for item #1), City Negotiators Madge Blakey and Dan Kelley (for items #2 and #3) City Clerk Cervone, Human Resource Manager Beckord, and Risk Manager Schwarm. AGENDA ITEMS OPEN SESSION: Prior to recessing into closed session, City Manager Vina requested that Council approve the appointment of the City s negotiators for items #2 and #3. Gaspar moved, Muir seconded to approve assignment of Madge M. Blakey and Dan Kelly as the City s negotiators during labor negotiations with both the City and San Dieguito Water District labor unions. Motion carried. Ayes: Barth, Bond, Gaspar, Muir, Stocks; Nays: none. Council recessed into closed session at 4:04 P.M. CITY 1. CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION AUTHORITY: Gov. Code a NAME OF CASE: City of Encinitas v. C.E. Wylie, et al Case Number: CU-BC-NC CITY 2. CONFERENCE WITH LABOR NEGOTIATOR AUTHORITY: Government Code Section CITY NEGOTIATORS: Madge M. Blakey and Dan Kelley of Madge M. Blakey and Associates EMPLOYEE ORGANIZATIONS: Fire Fighters Association 11/16/11 Special. Mtg. Page 1 Mtg , Bk. #24, Page

6 12/14/11 ITEM #01 6 CITY AND SAN DIEGUITO WATER DISTRICT 3. CONFERENCE WITH LABOR NEGOTIATOR AUTHORITY: Government Code Section CITY NEGOTIATORS: Madge M. Blakey and Dan Kelley of Madge M. Blakey and Associates EMPLOYEE ORGANIZATIONS: General employees represented by SEIU REPORTS FROM CLOSED SESSION Council adjourned the closed session at 5:53 P.M. and reported out at the 6:00 P.M. San Dieguito Water District meeting as follows: City Attorney Sabine reported that item #1 dealt with the library repair issues and by unanimous consensus the Council gave direction to legal counsel to pursue settlement negotiations. With respect to items #2 and #3 with the negotiators being Madge Blakey and Dan Kelley, Council by unanimous consensus gave direction to the negotiators to move forward with respective bargaining units which were Firefighters Association and SEIU. Deborah Cervone, City Clerk James Bond, Mayor 11/16/11 Special. Mtg. Page 1 Mtg , Bk. #24, Page

7 12/14/11 ITEM #01 7 MINUTES OF THE ENCINITAS CITY COUNCIL, SAN DIEGUITO WATER DISTRICT, AND THE ENCINITAS PUBLIC FINANCING AUTHORITY, JOINT SPECIAL MEETING, NOVEMBER 16, 2011, 6:00 P.M., 505 SOUTH VULCAN AVENUE CALL TO ORDER/ROLL CALL Since this was a Joint Special meeting between the City Council, the San Dieguito Water District and the Encinitas Public Financing Authority, Mayor Bond chaired the meeting and called the meeting to order at 7:46 P.M. Present: Absent: Mayor James Bond, Council Members Teresa Arballo Barth, Kristin Gaspar, Mark Muir and Jerome Stocks. None. Also Present: City Manager Vina, City Attorney Sabine, City Clerk Cervone, Director of Finance Smith, Finance Manager Shoemaker, and Deputy City Clerk Bingham. There being a quorum present, the meeting was in order. AGENDA ITEMS J1. Periodic Status Report on the Encinitas Public Financing Authority (EPFA). Contact Person: Director of Finance Smith. STAFF RECOMMENDATION: Board review and accept the report and direct Staff to file the report. Council Consensus: There was Council Consensus to receive the report. Item #J3 was taken next out of order. J3. Report on the Financial Results for Fiscal Year Contact Person: Director of Finance Smith. STAFF RECOMMEDENDATION: Receive report and adopt the actual audited ending fund balance for FY and revised Budget Summary (Schedule A) for FY (Attachment E) City Spec. Jtn. Mtg. Page Mtg. #2011-, Bk. #24, Page

8 12/14/11 ITEM # City Special Joint Meeting ACTION: Stocks moved, Muir seconded to receive the report and adopt the actual audited ending fund balance for FY and revised Budget Summary (Schedule A) for FY Motion carried. Ayes: Barth, Bond, Gaspar, Muir, Stocks. Nays: None. J2. Quarterly Update on Financial Condition: Fiscal Year Contact Person: Director of Finance Smith. STAFF RECOMMENDATION: Accept report and approve requests for additional revenue and expenditure appropriations. Tony Kranz addressed Council on Item #J2. ACTION: Gaspar moved, Muir seconded to accept the report and approve the requests for additional revenue and expenditure appropriations. Motion carried. Ayes: Barth, Bond, Gaspar, Muir, Stocks. Nays: None. ADJOURNMENT Chairman Bond adjourned the meeting at 8:05 P.M. Deborah Cervone, City Clerk By: Claudia Bingham Deputy City Clerk James Bond, Mayor City Spec. Jtn. Mtg. Page Mtg. #2011-, Bk. #24, Page

9 12/14/11 ITEM #01 9 MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING NOVEMBER 16, 2011, 6:00 P.M., 505 SOUTH VULCAN AVENUE CALL TO ORDER/ROLL CALL Mayor Bond called the meeting to order at 6:15 P.M. Present: Absent: Mayor James Bond, Council Members Teresa Arballo Barth, Kristin Gaspar, Mark Muir and Jerome Stocks. None. Also Present: City Manager Vina, City Attorney Sabine, City Clerk Cervone, Planner Kusiak, Traffic Engineer Blough, Public Works Director Watt, Planning and Building Director Murphy, Senior Engineer Shields, and Deputy City Clerk Bingham. There being a quorum present, the meeting was in order. SPECIAL PRESENTATIONS/PROCLAMATIONS Proclamation recognizing Interim Parks and Recreation Director Jim O Grady This was presented by Mayor Bond to Jim O Grady. Proclamation recognizing Don Hansen, Grand Marshal of the 2011 Holiday Parade This was presented by Mayor Bond to Don Hansen. ORAL COMMUNICATIONS Sarah Garfield requested Council consider purchasing the former Pacific View Elementary School site for public use. Donna Westbrook requested that a strike-out version of the original general plan be placed on the City s website showing the proposed changes. Tony Kranz requested Council consider a property exchange with the San Dieguito Union School District in regards to the Pacific View Elementary School site and the City owned Quail Gardens Drive property. Russell Levan announced that all were welcome to a tree planting ceremony along North Coast Highway 101 on December 7 th. 11/16/11 Reg. Mtg. Page 1 Mtg. #2011-, Bk. #24, Page

10 12/14/11 ITEM # /16/11 Regular Meeting CHANGES TO THE AGENDA Mayor Bond announced that Item #6 and #7 were removed from the Consent Calendar and would be heard at a later date. Item #8 was removed from the Consent Calendar by a member of the public. Council Member Muir stated that he would abstain from voting on Item #1 (minutes) since he was not on Council at that time. CLOSING AND ADOPTION OF THE CONSENT CALENDAR ACTION: Stocks moved, Gaspar seconded to close and adopt the amended Consent Calendar. Motion carried. Ayes: Barth, Bond, Gaspar, Muir, Stocks. Nays: None. Abstain: Muir on Item #1 (minutes). 1. Approval of Minutes of the Special Closed Session Meeting and Special Meeting. Contact Person: City Clerk Cervone. STAFF RECOMMENDATION: Approve the Minutes of the Special Closed Session Meeting and Special Meeting. 2. Approval of Warrants List. Contact Person: Finance Director Smith. STAFF RECOMMENDATION: Approve the Warrants List. 3. City Treasurer s Investment Report for the Fiscal Year ended June 30, Contact Person: Finance Manager Lembach. STAFF RECOMMENDATION: Accept and file the City Treasurer s Report for the Fiscal Year ended June 30, Annual review of Investment Policy, (City Administrative Policy F019). Contact Person: City Treasurer and Investment Officer Lembach. STAFF RECOMMENDATION: Adopt the Investment Policy, City Administrative Policy F Extend contract for Traffic Striping and Legend Painting Services with Orange County Striping Services, Inc. Contact Person: Superintendent Street Division Hosford. 11/16/11 Reg. Mtg. Page 2 Mtg. #2011-, Bk. #24, Page

11 12/14/11 ITEM # /16/11 Regular Meeting STAFF RECOMMENDAITON: Authorize the City Manager to extend the contract with Orange County Striping Service, Inc., for contracting of traffic striping and legend painting services. 6. City Council of adoption of Resolution for the contingent vacation of public road right-of-way at the terminus of Village Square Drive. Contact Person: Senior Civil Engineer Maher. STAFF RECOMMENDATION: Adopt Resolution , and: 1) Vacate the existing right-of-way for road purposes at the terminus of Village Square Drive contingent upon necessary private improvements to be required by staff during the permit process; 2) Reserve a public utility easement and a public sewer and water easement over the entire vacated area; and 3) Authorize the Engineering Director to record the street vacation with the County Recorder s office upon completion of the required improvements. 7. City Council consideration of adoption of Resolution for the summary vacation of an irrevocable offer of dedication at 1887 North Vulcan Avenue. Contact Person: Senior Civil Engineer Maher. STAFF RECOMMENDATION: Adopt Resolution and vacate the existing irrevocable offer of dedication located at 1887 North Vulcan Avenue. 9. Public hearing and adoption of Resolution regarding findings related to the Unexpended Fund Balance for Impact/Mitigation fees collected prior to 6/30/06 and acceptance of the Annual Report of Development Impact/Mitigation Fees for fiscal year ended June 30, Contact Person: Finance Director Smith. STAFF RECOMMENDATION: Adopt Resolution regarding findings related to the Unexpended Fund Balance for fees collected prior to 6/30/06 and accept the Annual Report of Development Impact/Mitigation fees for fiscal year ended June 30, Public hearing to consider the adoption of Resolution and the related attachment approving various amendments to the Regional Transportation Improvement Program (RTIP). Contact Person: Management Analyst Scott. STAFF RECOMMENDATION: Adopt Resolution approving the proposed amendments to the RTIP. CONSENT CALENDAR ITEMS REMOVED BY THE PUBLIC 8. Consideration of adoption of Resolution No establishing an all-way stop at the intersection of Third Street and C Street. Contact Person: Traffic Engineer Blough. 11/16/11 Reg. Mtg. Page 3 Mtg. #2011-, Bk. #24, Page

12 12/14/11 ITEM # /16/11 Regular Meeting STAFF RECOMMENDATION: Adopt Resolution establishing an all-way stop at the intersection of Third Street and C Street. Tony Kranz addressed Council on Item #8. ACTION: Muir moved, Stocks seconded to adopt Resolution establishing an all-way stop at the intersection of Third Street and C Street. Motion carried. Ayes: Barth, Bond, Gaspar, Muir, Stocks. Nays: None. REGULAR AGENDA 11. Consideration and proposed adoption of Resolution to establish the Sidewalk Café Policy and Resolution to authorize related Zoning Code and Specific Plan amendments regarding the use of the public right-of-way by restaurants with sidewalk dining. Contact Person: Senior Planner Kusiak. STAFF RECOMMENDATION: 1) Adopt the Sidewalk Café Policy, which includes an annual fee of $290, as presented in Resolution ; 2) Adopt Resolution to authorize the initiation of Zoning Code and Specific Plan amendments as suggested by staff; and 3) Direct staff to develop policies and suggested amendments for merchandise display and onsite outdoor dining similar to the Sidewalk Café Policy and amendments and return to Council for adoption and authorization. The following speakers addressed Item #11: George Hejduk, Anita Strine, Danny Salzhandler, and Bart Smith. ACTION: Barth moved, Muir seconded to return to Council with clarification regarding the south end of Hwy 101 issue, will convenience stores be allowed permits, and the annual fee justification with an internal fee study. Motion carried. Ayes: Barth, Bond, Gaspar, Muir, Stocks. Nays: None. FUTURE AGENDA ITEMS ADDED BY COUNCIL MEMBERS Council Member Barth requested as a future agenda item, a City position of opposing the SDG&E rate increases as it pertains to solar users. REPORTS FROM CITY COUNCIL MEMBERS / REPRESENTATIVES OF REGIONAL BOARDS / CITY ATTORNEY/CITY MANAGER 11/16/11 Reg. Mtg. Page 4 Mtg. #2011-, Bk. #24, Page

13 12/14/11 ITEM # /16/11 Regular Meeting Council Member Muir stated that he had attended the San Elijo JPA meeting and an Encina Wastewater Authority Board of Directors meeting. Council Member Gaspar stated that she had attended the Encina Wastewater Authority Board of Directors meeting and the Olivenhain Craft Fair. Council Member Barth stated that she had attended the San Elijo JPA meeting and thev Alliance for Regional Solutions meeting. Deputy Mayor Stocks stated that he had attended the LOSSAN meeting, the final SANDAG Regional Planning Stakeholders Working Group meeting and the annual DA s luncheon. Mayor Bond stated that he had attended a County Water Authority meeting. ADJOURNMENT Mayor Bond adjourned the meeting at 7:46 P.M. Deborah Cervone, City Clerk By: Claudia Bingham Deputy City Clerk James Bond, Mayor 11/16/11 Reg. Mtg. Page 5 Mtg. #2011-, Bk. #24, Page

14 12/14/11 ITEM #01 14 MINUTES OF THE ENCINITAS CITY COUNCIL SPECIAL MEETING NOVEMBER 30, 2011, 5:30 P.M., 505 SOUTH VULCAN AVENUE CALL TO ORDER/ROLL CALL Mayor Bond called the meeting to order at 5:30 P.M. Present: Absent: Mayor James Bond, Council Members Teresa Arballo Barth, Kristin Gaspar, Mark Muir and Jerome Stocks. None. Also Present: City Manager Vina, City Attorney Sabine, Risk Manager Schwarm and Deputy City Clerk Bingham. There being a quorum present, the meeting was in order. AGENDA ITEMS CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION AUTHORITY: Gov. Code a NAME OF CASE: Carrico v. City of Encinitas CASE # CU-MC-NC REPORT FROM CLOSED SESSION City Attorney Sabine reported that the City Council by unanimous consensus directed legal council to defend the Short Term Vacation Rental ordinance and fee if appealed. ADJOURNMENT Mayor Bond adjourned the meeting at 5:50 P.M. Deborah Cervone, City Clerk By: Claudia Bingham Deputy City Clerk James Bond, Mayor 11/30/11 Spec. Mtg. Page 1 Mtg. #2011-, Bk. #24, Page

15 12/14/11 ITEM #01 15 MINUTES OF THE ENCINITAS CITY COUNCIL SPECIAL MEETING NOVEMBER 30, 2011, 6:00 P.M., 505 SOUTH VULCAN AVENUE CALL TO ORDER/ROLL CALL Mayor Bond called the meeting to order at 6:01 P.M. Present: Absent: Mayor James Bond, Council Members Teresa Arballo Barth, Kristin Gasper, Jerome Stocks, and Mark Muir. None. Also Present: City Manager Vina, City Attorney Sabine, Deputy City Clerk Bingham, Director of Planning and Building Murphy, City Planner Curriden, Associate Planner Dichoso, Senior Civil Engineer Maher, Associate Traffic Engineer Mangohig, and Records Coordinator Hollywood. There being a quorum present, the meeting was in order. REPORT FROM CLOSED SESSION City Attorney Sabine reported that the City Council by unanimous consensus directed legal council to defend the Short-Term Vacation Rental Ordinance and fee if appealed. ORAL COMMUNICATIONS Russell Levan reminded everyone about the tree planting ceremony on North Coast Highway 101 to be held on Wednesday, December 7. AGENDA ITEM 1. Public hearing of an appeal filed by Susan and Dean Turney regarding the Planning Commission s approval of a Major Use Permit, Design Review Permit and Coastal Development permit to construct a new 3,669 square foot (SF) single-story, multitenant commercial/retail building with approximately 214 SF of outdoor seating, a drive-through, associated signage, landscaping, site improvements and temporary construction trailer. The project site is zoned Visitor Serving Commercial (VSC) in the community of Leucadia within the Coastal Zone and the Scenic Visual Overlay. The appellant is specifically appealing the Planning Commission s allowance to adjust the street side yard landscaping requirement along Orpheus Avenue per the City s Offstreet Parking Design Manual (incorporated by Section (Off-street parking development standards)) as approved by Planning Commission Resolution on October 20, CASE NUMBER: MUP/DR/CDP. FILING DATE: 4/18/11. LOCATION: 905 Orpheus Avenue (APN ). APPLICANT: Kevin Mullinax/Edinger Architects. APPELLANT: Susan and Dean Turney. The following disclosures were made: 11/30/11 Spec. Mtg. Page 1 Mtg. #2011-, Bk#24, Page

16 12/14/11 ITEM # /30/11 Special Meeting Council Member Muir received s and drove by the site. Council Member Gaspar received s. Council Member Barth received s and walked the site. Deputy Mayor Stocks received s and drove by the site. Mayor Bond received s. Mayor Bond opened the Public Hearing. The appellant, Dean Turney, presented his appeal and spoke in opposition to staff recommendations. Commercial Real Estate Developer Joe Wojdowski, representing the land owner and developer, spoke in favor of the project and staff recommendations. He also clarified that Starbucks was merely a tenant, and not the applicant or developer of the proposed project. The following speakers addressed the City Council: Walt Meier, Julie Sanderson, Steve Goyette, Kathleen Lindemann, Russell Levan, and Donna Westbrook. Applicant/Developer Sean Pourteymour and Mr. Wojdowksi presented their rebuttal. Appellant Dean Turney presented his rebuttal. Mayor Bond closed the Public Hearing. ACTION: Gaspar moved, Stocks seconded to deny the appeal and affirm the decision of the Planning Commission to approve Case # MUP/DR/CDP for the reasons stated in Planning Commission Resolution , adopted October 20, Council Member Muir requested the following amendment to the original motion, Council Member Gaspar and Deputy Mayor Stocks concurred: 1) Deny the appeal and affirm the decision of the Planning Commission to approve Case # MUP/DR/CDP for the reasons stated in Planning Commission Resolution , adopted October 20, 2011; and 2) Require the developer to use 36 box trees with larger trees at the corner of Leucadia Boulevard and Orpheus Avenue to the satisfaction of the Planning and Building Department. Amended motion carried. Ayes: Barth, Bond, Gaspar, Muir, Stocks. Nays: None. REPORTS FROM CITY COUNCIL MEMBERS / REPRESENTATIVES OF REGIONAL BOARDS 11/30/11 Spec. Mtg. Page 2 Mtg. #2011-, Bk#24, Page

17 12/14/11 ITEM # /30/11 Special Meeting Council Member Muir had no reports. Council Member Gaspar reported on a recent General Plan Subcommittee meeting. Council Member Barth had no reports. Deputy Mayor Stocks reported on his attendance at the YMCA and San Dieguito Academy Youth Bill Hearing Night and his attendance at the NCTD Board meeting. Mayor Bond stated he had attended the YMCA and San Dieguito Academy Youth Bill Hearing Night and reported on a meeting with Senator Diane Feinstein s staff. ADJOURNMENT Mayor Bond adjourned the meeting at 7:47 P.M. Deborah Cervone, City Clerk By: Kathy Hollywood Records Coordinator James Bond, Mayor 11/30/11 Spec. Mtg. Page 3 Mtg. #2011-, Bk#24, Page