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

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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: 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 Planner Langager, Management Analyst McSeveney, City Clerk Hollywood, and Deputy City Clerk Bingham. There being a quorum present, the meeting was in order. PLEDGE OF ALLEGIANCE SPECIAL PRESENTATIONS/PROCLAMATIONS Mira Costa College San Elijo Campus update presented by Dr. Francisco Rodriguez, PhD, Mira Costa College Superintendent/President Dr. Francisco Rodriguez gave a brief presentation. ORAL COMMUNICATIONS Brian Burke spoke regarding the Encinitas Right to Vote Amendment Initiative. Mark Wisniewski spoke regarding the treatment of trees at Moonlight Beach and at various construction projects within the City. CLOSING AND ADOPTION OF THE CONSENT CALENDAR Garpar moved, Muir seconded to close and adopt the Consent Calendar. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. 1. Approval of Minutes for the 01/30/13 Special Meeting. Contact Person: City Clerk Hollywood. 02/20/13 Reg. Mtg. Page 1 Mtg. #2013-, Bk# 27, Page 03/13/2013 Item #01 Page 1

02/20/13 Regular Meeting STAFF RECOMMENDATION: Approve Minutes. 2. Approval of Warrants List. Contact Person: Finance Manager Lundgren. STAFF RECOMMENDATION: Approve Warrants List. 3. Introduction and First Reading of Ordinance 2013-01 entitled Encinitas Municipal Code Chapter 6.11 Operations Permit: Special Events. Contact Person: Parks and Recreation Director Rudloff. STAFF RECOMMENDATION: Introduce Ordinance 2013-01 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. 4. Public Hearing to consider an appeal filed by Donna Westbrook of the Planning Commission s approval of Major Use Permit Modification, Design Review and Coastal Development Permit application to modify an existing use permit for the Lux Art Institute Museum to integrate the subject property with on-site facilities as part of the museum campus. The applicant is also proposing interior and exterior architectural improvements to the existing building on the subject property and to utilize it as an education center for the Lux Art Institute Museum. The subject property is located in the Residential 3 (R-3) zone and within the Southern El Camino Real Museum Overlay Zone and Coastal Zone in the City of Encinitas. CASE NUMBER:12-1024 MUPMOD/DR/CDP; FILING DATE: September 4, 2012; APPLICANT: Lux Art Institute; LOCATION: 1578 S. El Camino Real (APN: 262-160-16); APPELLANT: Donna Westbrook. Contact Person: Senior Planner Sapa u. STAFF RECOMMENDATION: This appeal has been withdrawn and only appears on the agenda because it was noticed prior to the appeal being withdrawn. No action is required by the City Council. 5. Council approval to cancel the following City Council meetings: July 24, 2013 and August 14, 2013 to allow for the annual summer recess; and November 27, 2013 and December 25, 2013 due to the holidays. Contact Person: City Clerk Hollywood. STAFF RECOMMENDATION: Approve cancelation of the following City Council meetings: July 24, 2013 and August 14, 2013 to allow for the annual summer recess; and November 27, 2013 and December 25, 2013 due to the holidays. 02/20/13 Reg. Mtg. Page 2 Mtg. #2013-, Bk# 27, Page 03/13/2013 Item #01 Page 2

02/20/13 Regular Meeting REGULAR AGENDA ITEMS 6. Approval of Master Five-Year Agreement between the City of Encinitas, the County of San Diego, and the San Diego County Sheriff for General and Specialized Law Enforcement and Traffic Services. Contact Person: Senior Management Analyst McSeveney. STAFF RECOMMENDATION: Approve the Master Five-Year Agreement between the City of Encinitas, the County of San Diego, and the San Diego County Sheriff for General and Specialized Law Enforcement and Traffic Services. Bob Bonde and Dennis Lees spoke. Muir moved, Gaspar seconded to approve the master five-year agreement between the City of Encinitas, the County of San Diego, and the San Diego County Sheriff for general and specialized law enforcement and traffic services. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. 7. Presentation of the General Plan Advisory Committee (GPAC) Housing Policy Report for the General Plan update including the results of the GPAC Housing Exercise, Survey of Tools, Methodology discussion and Scenario Mapping to accomplish housing. Presented by GPAC Member Lee Vance. Contact Person: Associate Planner Strong. STAFF RECOMMENDATION: Receive and consider recommendations contained in the report. Presented by Lee Vance, GPAC member and Peder Norby, GPAC facilitator. Brian Burke, Olivier Canler, Kathleen Lees, John Gjata, and Patricia Klaus spoke. There was Council consensus to receive the report. 8. Creation of a Council Ad Hoc Subcommittee to discuss and prepare recommendations regarding City Attorney and City Manager performance evaluations. Contact Person: City Clerk Hollywood. STAFF RECOMMENDATION: Discuss and appoint two Council Members to the proposed ad hoc subcommittee for the discussion and preparation of recommendations regarding City Attorney and City Manager performance evaluations. 02/20/13 Reg. Mtg. Page 3 Mtg. #2013-, Bk# 27, Page 03/13/2013 Item #01 Page 3

02/20/13 Regular Meeting Muir moved, Kranz seconded to appoint Deputy Mayor Shaffer and Council Member Gaspar to the ad hoc subcommittee for the discussion and preparation of recommendations regarding City Attorney and City Manager performance evaluations. Motion carried. Ayes: Barth, Gaspar, Kranz, Muir, Shaffer. Nays: None. FUTURE AGENDA ITEMS ADDED BY COUNCIL MEMBERS Council Member Kranz requested that Council consider a trip to San Clemente to tour their rail trail corridor and to agendize a presentation by NCTD on the rail corridor. Deputy Mayor Shaffer concurred. REPORTS FROM CITY COUNCIL MEMBERS / REPRESENTATIVES OF REGIONAL BOARDS / CITY ATTORNEY/CITY MANAGER Council Member Gaspar stated that she had attended an Encina Wastewater Authority Capital Improvement Committee meeting and an Executive Session meeting, and attended the Arts Alive banner unveiling. Council Member Kranz stated that he had attended a Lo-San Corridor meeting and attended an open house for the California Rail plan. Council Member Muir stated that he had attended the Encina Wastewater Authority Capital Improvement Committee meeting and the Santa Fe Irrigation District/SDWD R.E. Badger Water Facilities Finance Authority meeting. Deputy Mayor Shaffer stated that she had attended a SANDAG Transportation meeting. Mayor Barth stated that she had attended the Santa Fe Irrigation District/SDWD R.E. Badger Water Facilities Finance Authority meeting and the Arts Alive banner unveiling. City Manager Vina stated that he had attended the League of California City s City Manager s conference and the San Dieguito Alliance for Drug Free Youth meeting. ADJOURNMENT Mayor Barth adjourned the meeting at 8:08 p.m. Kathy Hollywood, City Clerk By: Claudia Bingham Deputy City Clerk Teresa Arballo Barth, Mayor 02/20/13 Reg. Mtg. Page 4 Mtg. #2013-, Bk# 27, Page 03/13/2013 Item #01 Page 4

MINUTES OF THE ENCINITAS CITY COUNCIL SPECIAL MEETING FEBRUARY 27, 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 Member Kristin Gaspar, Tony Kranz and Mark Muir. None. Also Present: City Manager Vina, City Attorney Sabine, City Clerk Hollywood, Risk Manager Schwarm and Assistant City Manager Phillips. There being a quorum present, the meeting was in order. CITY COUNCIL AGENDA ITEMS 1. Discussion on whether to sell property located near Santa Fe Drive and Lake Drive, described as Assessor Parcel Number 260-212-26-00, 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. Assistant City Manager Phillips presented a brief report. Lynn Marr spoke. Kranz moved, Barth seconded to direct the City s negotiator to move forward with the property negotiations. Council Member Kranz withdrew his motion. Mayor Barth adjourned into Closed Session at 5:20 P.M. 02/27/13 Spec. Mtg. Page 1 Mtg. #2013-, Bk #27, Page 03/13/2013 Item #01 Page 5

02/27/13 Special Meeting CLOSED SESSION 1. CLOSED SESSION: CONFERENCE WITH REAL PROPERTY NEGOTIATOR AUTHORITY: Government Code 54956.8 PROPERTY: Located near Santa Fe Drive and Lake Drive, described as Assessor Parcel Number 260-212-26-00 CITY NEGOTIATOR: Gus Vina, City Manager TO NEGOTIATE WITH: Tony Pauker, VP Development, City Ventures UNDER NEGOTIATION: Price and terms Council Members reconvened into open session at 5:48 P.M. REPORT FROM CLOSED SESSION City Attorney Sabine reported that with respect to Closed Session Item #1 there was unanimous consensus to direct the City s negotiator to discuss price and terms and to direct the City Manager to order an appraisal of the property if needed. 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 02/27/13 Spec. Mtg. Page 2 Mtg. #2013-, Bk #27, Page 03/13/2013 Item #01 Page 6