MINUTES OF THE ENCINITAS CITY COUNCIL SPECIAL MEETING OCTOBER 9, 12013, 4:30 P.M., 505 SOUTH VULCAN AVENUE

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1 MINUTES OF THE ENCINITAS CITY COUNCIL SPECIAL MEETING OCTOBER 9, 12013, 4:30 P.M., 505 SOUTH VULCAN AVENUE CALL TO ORDER/ROLL CALL Mayor Barth called the meeting to order at 4:30 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, City Clerk Hollywood, Risk Manager Schwarm and Deputy City Clerk Bingham. There being a quorum present, the meeting was in order. CITY COUNCIL AGENDA ITEM 1. Discussion of whether to consider the purchase of property located at 608 Third Street, between E Street and F Street, Encinitas (former Pacific View School Site) City Negotiator: To Negotiate With: Gus Vina, City Manager Timothy Baird, Superintendent of the Encinitas Union School District STAFF RECOMMENDATION: Adjourn to closed session to provide appropriate direction. Billy Stern encouraged Council to purchase the Pacific View school site property. Lee Yen Anderson was in support of the purchase of the Pacific View school site property but chose not to speak. City Attorney Sabine announced that Closed Session Agenda Item #2 was a personnel liability exposure case prompted by correspondence received from legal counsel regarding a former employee. Council adjourned into Closed Session at 4:34 P.M. 10/09/13 Spec. Mtg. Page 1 Mtg. #2013-, BK#27, Page 10/23/2013 Item #8A Page 1

2 10/09/13 Special Meeting CLOSED SESSION 1. CLOSED SESSION: CONFERENCE WITH REAL PROPERTY NEGOTIATOR AUTHORITY: Government Code PROPERTY: 608 Third Street, between E Street and F Street, Encinitas (former Pacific View School Site) CITY NEGOTIATOR: Gus Vina, City Manager TO NEGOTIATE WITH: Timothy Baird, Superintendent of the Encinitas Union School District UNDER NEGOTIATION: Price and terms 2. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, SIGNIFICANT EXPOSURE TO LITIGATION AUTHORITY: Government Code (b) NO. OF POTENTIAL CASE: One (1) CIRCUMSTANCES: Personnel Liability Exposure Council adjourned into open session at 6:00 P.M. REPORT FROM CLOSED SESSION City Attorney Sabine reported that with regard to Closed Session Agenda Item #1, there was unanimous consensus to direct the City s negotiator to continue the fact finding and negotiations with the School District officials for the potential purchase of the Pacific View School site. Regarding Closed Session Agenda Item #2, there was unanimous consensus to direct Legal Counsel to move forward with the settlement negotiations. ADJOURNMENT Mayor Barth adjourned the meeting at 6:03 P.M. Kathy Hollywood, City Clerk By: Claudia Bingham Deputy City Clerk Teresa Arballo Barth, Mayor 10/09/13 Spec. Mtg. Page 2 Mtg. #2013-, BK#27, Page 10/23/2013 Item #8A Page 2

3 MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING OCTOBER 9, 2013, 6:00 P.M., 505 SOUTH VULCAN AVENUE 1. CALL TO ORDER Mayor Barth called the meeting to order at 6:03 P.M. 2. ROLL CALL 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, Planning and Building Director Murphy, Senior Planner Curridan, Associate Planner Mierau, Associate Traffic Engineer Nester, City Clerk Hollywood and Deputy City Clerk Bingham. There being a quorum present, the meeting was in order. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS AND PROCLAMATIONS 4A. Proclamation for Relay for Life Mayor Barth presented a proclamation to Wayne Wieboldt and Janis Smith. 4B. Proclamation for Seaside Market Mayor Barth presented a proclamation to John and Pete Najjar. 5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF Monika Sherin spoke regarding unsolicited survey calls. Sarah Graham spoke regarding walkability issues on Regal Road. Barbara Gordon spoke regarding responsible beverage and sales training for bar and restaurant owners and employees. Kathy MacKay spoke about her concerns regarding marijuana dispensaries. 10/09/13 Reg. Mtg. Page 1 Mtg. #2013-, BK #27, Page 1 10/23/2013 Item #8A Page 3

4 6. REPORT FROM CLOSED SESSION City Attorney Sabine reported that with respect to Closed Session Agenda Item #1, there was unanimous consensus to direct the City s negotiator to continue the fact finding and negotiations with School District officials for the potential purchase of the Pacific View School site. Regarding Closed Session Agenda Item #2, there was unanimous consensus to direct Legal Counsel to move forward with settlement negotiations. 7. CHANGES TO THE AGENDA There were no changes to the agenda. 8. CONSENT CALENDAR Shaffer moved, Gaspar seconded to close and adopt the Consent Calendar. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. 8A. Approval of the Minutes of the 09/11/13 Special Meeting, 9/25/13 Regular Meeting, and 9/25/13 Special Meeting. Contact Person: City Clerk Hollywood Recommended Action: Approve the Minutes. 8B. Approval of the Warrants List. Contact Person: Finance Manager Lundgren Recommended Action: Approve the Warrants List. 8C. Legislative Position Letters. Contact Person: Senior Management Analyst McSeveney Recommended Action: Approve the legislative position letters. 9. ITEMS REMOVED FROM THE CONSENT CALENDAR No items were removed from the Consent Calendar. 10. ACTION ITEMS 10A. Public Hearings to consider two appeals filed on the Planning Commission s approval of a Design Review Permit and Coastal Development Permit for Bier Garden restaurant. The application would allow for new retractable windows along the entire front and rear walls of 10/09/13 Reg. Mtg. Page 2 Mtg. #2013-, BK #27, Page 10/23/2013 Item #8A Page 4

5 the existing restaurant, new exterior design treatment and installation of a new automatic teller machine kiosk (ATM). The two appeals will be presented in one Agenda Report and staff presentation, but the Council will be taking public testimony, deliberating and taking action on the appeals individually. Contact Person: Associate Planner Mierau Associate Planner Mierau presented the staff reports which covered both appeals. 1) Neighbor s Appeal Public hearing to consider an appeal filed on the Planning Commission s approval of a Design Review Permit and Coastal Development Permit for Bier Garden restaurant. CASE NUMBER: ADR/CDP; APPLICANT: Bier Garden (Kyle Stephens); LOCATION: 641 S. Coast Highway 101 (APN: ). APPELLANTS: Nicholas Chan, Susan Crane, Diane Pollock, Pat Weber and Philip Mark Recommended Action: Deny the appeal and affirm the decision of the Planning Commission to approve Case No ADR/CDP for the reasons stated in the Planning Commission Resolution No. PC dated, August 15, 2013 or for other additional findings reached by the City Council. The following disclosures were made by Council: Council Member Gaspar stated that she had met with the applicant s attorney and received numerous s. Council Member Kranz stated that he had met with the applicant s attorney and had received numerous s. Council Member Muir stated that he had met with the applicant s attorney and had received numerous s. Deputy Mayor Shaffer stated that she had declined to meet with the applicant s attorney, had received numerous s, had attended the Planning Commission meeting when the case was heard and was facebook friends with the applicant s attorney. Mayor Barth stated that she had a phone conversation with the applicant s attorney regarding procedures for public hearings, had visited the site, had watched the Planning Commission meeting when the case was heard and had received numerous s. Mayor Barth opened the public hearing. 10/09/13 Reg. Mtg. Page 3 Mtg. #2013-, BK #27, Page 10/23/2013 Item #8A Page 5

6 The appellant, Nicholas Chan, spoke in opposition to the staff recommendation of denying the appeal and urged the Council to support the appeal of the neighbors. Marco Gonzales, representing the applicant, spoke in support of the staff recommendation to deny the appeal. Public Speakers: Ansuya Bose, Abigail Rex, David Creniston, Livia Borak, Ken Lueke, Gabe Cacderes, Paula Paula Vrakas, Trent Berg, Andrew Velasco, Chelsea Baumann, and Dr. Leslie Penzes spoke in support of the staff recommendation to deny the appeal. John Skow, Dennis Holz, Shirley Finch, and Kathleen Lees spoke in support of the appeal. Timmans McDowell, Clay Babcock, Joie Reavis, Thomas Marchisa, Ms. Deb bora, Monika Sherin, Ann Schechter, Martin Schechter, Jeanne Skow, Kerri Calver, Tim Calver, Sabrina Escalante, Nancy Logan, Nancy Perry Sheridan, Julie Briggs, Dinaz Kara, Rita Detweier, Anne Bromley, David Lakin, Roberta Frank, Karen Roslie, Linda Huston, Joan Williamson, Robert Heidt, Tawn Babcock were in opposition to the windows staying open until 10:00 P.M. but chose not to speak. Brandon Parker, Griffin Sikes, Dan Sobel, Brian McComb, John More, El Mostata Hani, Olga Caiarelli, John Drake, Berry Dunham, Chelsea Wagg, Joey Mercer, Jenna Moore, Barbara Castrovinci, and Brittany Ziminsky were opposed to the appeal and in support of the windows staying open until 10:00 P.M. but chose not to speak. Marco Gonzalez, representing the applicant, presented his rebuttal. Nicholas Chan presented his rebuttal. Mayor Barth closed the public hearing. Shaffer moved, Barth seconded to direct staff to modify the Planning Commission recommendation as follows: front windows along South Coast Highway 101 could remain open until 10:00 P.M. and the rear patio windows to be closed by 8:00 P.M. Motion failed. Ayes: Barth, Shaffer. Nays: Gaspar, Kranz, Muir. 10/09/13 Reg. Mtg. Page 4 Mtg. #2013-, BK #27, Page 10/23/2013 Item #8A Page 6

7 Kranz moved, Muir seconded to deny the appeal and affirm the decision of the Planning Commission to approve Case No ADR/CDP for the reasons stated in the Planning Commission Resolution No. PC dated August 15, Motion carried. Ayes: Gaspar, Kranz, Muir. Nays: Barth, Shaffer. Mayor Barth declared a recess from 8:48 P.M. to 9:02 P.M. 2) Applicant s Appeal Public hearing to consider an appeal filed on the Planning Commission s approval of a Design Review Permit and Coastal Development Permit for Bier Garden restaurant. CASE NUMBER: ADR/CDP; APPLICANT/APPELLANT: Bier Garden (Kyle Stephens)/ Marco Gonzalez; LOCATION: 641 S. Coast Highway 101 (APN: ). Recommended Action: Approve the appeal and set aside the decision of the Planning Commission and direct staff to return with a modified Resolution, with findings reached by the City Council, approving Case No ADR/CDP with deletion of Specific Condition SDJ requiring ATM removal. The following disclosures were made by Council: Council Member Gaspar stated that she had met with the applicant s attorney and received numerous s. Council Member Kranz stated that he had met with the applicant s attorney and had received numerous s. Council Member Muir stated that he had met with the applicant s attorney and had received numerous s. Deputy Mayor Shaffer stated that she had declined to meet with the applicant s attorney, had received numerous s, had attended the Planning Commission meeting where the case was heard, and was facebook friends with the applicant s attorney. Mayor Barth stated that she had a phone conversation with the applicant s attorney, had visited the site, had watched the Planning Commission meeting when the case was heard and had received numerous s. Mayor Barth opened the public hearing. Marco Gonzalez, representing the applicant/appellant, spoke in support of the staff recommendation to allow the ATM machine. 10/09/13 Reg. Mtg. Page 5 Mtg. #2013-, BK #27, Page 10/23/2013 Item #8A Page 7

8 Public Speakers: Kathleen Lindemann and Scott Franklin spoke in opposition to the staff recommendation. David Creniston spoke in support of the appeal to allow the ATM machine. Paula Vrakas, Brittany Ziminsky, Thomas Marchisa, Livia Borak, Mark Dobbias, Stephanie McKeen-Velasco, Brandon Parker, Griffin Sikes, Dan Sobel, Brian McComb, John More, El Mostafa Hani, Olga Caiarelli, John Drake, Berry Dunham, Chelsea Wagg, Joey Mercer, Jenna Moore and Barbara Castrovinci were in support of the appeal but chose not to speak. Marco Gonzalez, representing the applicant/appellant, presented his rebuttal. Mayor Barth closed the public hearing. Gaspar moved, Muir seconded to approve the appeal to set aside the decision of the Planning Commission and direct staff to return with a modified Resolution, with findings reached by the City Council, approving Case No ADR/CDP with the deletion of Specific Condition SCJ requiring ATM removal. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. 10B. Public Hearing to consider an appeal of the Planning Commission s approval of a Minor Use Permit and Coastal Development Permit for the expansion of an existing private horse boarding facility. The applicant proposes to increase the number of horses on the site from 22 to 42. The application also includes the proposed construction of a new barn, several accessory structures and site improvements associated with facility operations. CASE NUMBER: MIN/CDP; APPLICANT: Burtech; LOCATION: 3902 Manchester Avenue; Community of Olivenhain (APN: ); APPELLANTS: Gioia Messinger and other Sienna Canyon Drive residents; ZONING: Rural Residential (RR) Zone, Scenic/Visual Corridor Overlay Zone, Flood Plain Overlay Zone and the Coastal Appeal Zone. Contact Person: Associate Planner Mierau Recommended Action: Deny the appeal and affirm the decision of the Planning Commission to approve Case No MIN/CDP for the reasons stated in Planning Commission Resolution No. PC dated, August 15, 2013, or for such additional findings determined by the City Council to affirm the decision. Associate Planner Mierau presented the staff report. 10/09/13 Reg. Mtg. Page 6 Mtg. #2013-, BK #27, Page 10/23/2013 Item #8A Page 8

9 The following disclosures were made by Council: Council Member Gaspar stated that she had received s. Council Member Kranz stated that he had visited the site and received s. Council Member Muir stated that he had received s. Deputy Mayor Shaffer stated that she had attended the Planning Commission meeting when this item was discussed. Mayor Barth stated that she had driven by the property. Mayor Barth opened the public hearing. Representing the appellants, Don Mooney presented the appeal. Susan Schulze-Chaase and Maggie Roland, representing the applicant, spoke in favor of the staff recommendation to deny the appeal. Kranz moved, Shaffer seconded to extend the City Council meeting to 11:00 P.M. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. Kelly Doan, Alysia Lynch Sherard, Carlos Figueiroa, Patrick O Keeffe, Dan Moriarty, Colby Sherard, Natasha Trawng, and Dominic Burtech spoke in opposition to the appeal. Sylvan Silberg and Victoria Mooney spoke in support of the appeal. Don Mooney, representing the appellants, presented the rebuttal. Mayor Barth closed the public hearing. Kranz moved, Muir seconded to deny the appeal and affirm the decision of the Planning Commission to approve Case No MIN/CDP for the reasons stated in Planning Commission Resolution No. PC dated August 15, Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. Shaffer moved, Muir seconded to extend the City Council Meeting until 11:15 P.M. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. 10/09/13 Reg. Mtg. Page 7 Mtg. #2013-, BK #27, Page 10/23/2013 Item #8A Page 9

10 11. INFORMATIONAL ITEMS There were no informational items. 12. COUNCIL MEMBER INITIATED AGENDA ITEM There were no Council Member initiated items. 13. FUTURE AGENDA ITEMS ADDED BY COUNCIL MEMBERS No future agenda items were added. 14. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC (d) / POSSIBLE DIRECTION TO STAFF Council Member Gaspar reported that she had attended a recent Encina Wastewater Authority Capital Improvement meeting, an Encina Wastewater Authority Board meeting, an Encina Wastewater Authority Real Estate workshop and the School District Liasion Committee meeting. Council Member Kranz reported that he had attended an NCTD Board meeting, an NCTD Marketing and Service Development Committee meeting, and made a presentation at a recent Leucadia 101 Board meeting. Council Member Muir reported that he had attended an Encina Wastewater Authority Capital Improvement meeting and a San Diego County Water Authority meeting. Deputy Mayor Shaffer reported that she had attended a SANDAG meeting, the League of California Cities Annual Conference, a Cultural Tourism Committee meeting, the Annual City s Commissioner Appreciation Dinner, the Peace Pole dedication at Cottonwood Creek Park, and announced that the Beachfest 5K was scheduled for Saturday, October 12, Mayor Barth reported that she had attended the League of California Cities Annual Conference, the Cultural Tourism Committee meeting and the Annual City s Commissioner Appreciation Dinner. 15. CITY MANAGER REPORTS / PENDING FUTURE AGENDA ITEMS City Manager had nothing to report. 16. CITY ATTORNEY REPORTS City Attorney Sabine announced that he had attended the League of California Cities Annual Conference. 10/09/13 Reg. Mtg. Page 8 Mtg. #2013-, BK #27, Page 10/23/2013 Item #8A Page 10

11 17. ADJOURNMENT Council Member Kranz adjourned the meeting at 11:16 P.M. in memory of his mother-in-law, Claudia Blodgett, who recently passed away. Kathy Hollywood, City Clerk By: Claudia Bingham Deputy City Clerk Teresa Arballo Barth, Mayor 10/09/13 Reg. Mtg. Page 9 Mtg. #2013-, BK #27, Page 10/23/2013 Item #8A Page 11

MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING FEBRUARY 20, 2013, 6:00 P.M., 505 SOUTH VULCAN AVENUE

MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING FEBRUARY 20, 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: