A downtown restaurant known for its beers can reopen its open-air window spaces and keep them glass-free until 10 p.m. each day, the Encinitas City Council decided Wednesday night.As we pointed out in August, people who buy high-density condos tightly wedged between a railroad crossing and a late-night bar scene have a lot of nerve to complain about noise. It seems the council majority agrees.
In a split 3-2 vote, with Mayor Teresa Barth and Councilwoman Lisa Shaffer opposed, the council reaffirmed a recent city Planning Commission decision and rejected an appeal filed by several nearby homeowners.
The council’s decision allows the Bier Garden restaurant on Coast Highway 101 to return to the open-air look it had months ago — before the city discovered the newly opened business didn’t have a permit for those special window spaces and ordered them closed.
The council majority said the Pacific Station residents should have known they were in a noisy, urban area before they moved in — it’s mentioned in the housing purchasing contracts they signed.A two-bedroom condo conveniently overlooking the Bier Garden can be had for $975,000.
“There is a difference between living in downtown and living in an area that is not in a commercial area,” Councilman Tony Kranz said.
It was a 3-2 vote, with Barth and Shaffer opposed. It's nice to finally see some dissent in council votes. It's a long-absent sign of independent thinking.
It looks as if Tony has forgotten who voted for him ,very sad day for we the people.
ReplyDeleteHe has also become buddy buddy with the people who spent thousands to defame him--twice! Maybe he is more like them than we thought, and maybe everything that had been said about him and more is true.
DeleteHe likes to hang out there, as well as our troubadour local attorneys that think the are hot shot litigators but are just ambulance chasers.
ReplyDeleteSounds like a conflict of interest on Tony's part. Does he know the RICO act?
DeleteAre you nuts? Because he has a beer at a restaurant in his city he is violating the RICO laws. Get a life.
Delete-The Shark
RICO - run idiotic council out.
Deleteour troubador local attorney's Sabine and apparent high density bar czar Marco Gonzalez seem to be singing the same note and it sounds like profits and pensions for developers, lawyers and city staff and loss of quality of life enviornmental quality for residents. My opinion
Delete6:30 AM
DeleteHe said he enjoys spending time there. Sounds like a conflict of interest.
Does he know the RICO act?
With friends of Tony like the posters on this blog, who needs enemies?
DeleteA glowing recommendation by our council majority of the benefits of living downtown is a vibrant, dynamic environment. Remember, this is smart growth, stack and pack at its best. We should all be so lucky to live there.
ReplyDeleteIt was interesting to hear of the "unintended consequences" of the downtown Specific Plan. It allows for a higher noise level, the innocent sounding "ambient level."
Caveat emptor!
The guy who said he knows the difference between right and wrong spoke volumes. But we have selfish bar owners, alcohol doesn't enhance unselfish behavior, pension greedy council, and it's not just the noise, it's really rude drunks everywhere now. Who wants these beernuts as neighbors? Council is just flat out rude. Mixed use for mixed up do nothing council.
ReplyDeleteMove.
ReplyDeleteAgreed, we want them to move. Let the residents have sleep & peace. Getting drunk in the evening is optional.
ReplyDeletePrediction.... Tony a one term council member.
ReplyDeleteAgree, one and done tony, or krappy kranz or cranky kranz
DeletePeople worked hard to elect tony in hopes of leadership on pensions, open government, community characheter and stopping back room deals. I heard soon after getting elected tony had some kind of invite only dinner or party with big developer dougDoug manchesterManchester, ever since tony has been in the pocket of the dedevelopers
not surprising tony would suck up to developers and their big money lawyer Marco, tony needs to get re elected to get a pension. Barth and Shaffer already get a pension but tony doesn't
by making sure tony does not get re elected we make sure we don't get another pension debt and we can elect a better person not in the pockets of developers
.39 seems to show him counting one term. http://www.youtube.com/watch?v=DVrTWakTiPE
ReplyDeleteStupid video, but clearly someone has anger issues.
ReplyDeleteIf you whiners think you know so much about governing, why don't you run? Jump in the ring rather than be a critic.
ReplyDeleteNaaa.. its too much fun watching you fool guzzle Sad Sacs BS councilmembers. He has you lock, stock and barrel.
ReplyDeleteTony cant stand Jerome and Danny yet he might end up just like them.... Sigh.....
next serious feat is is to nix Gaspar.
ReplyDeleteShe is way worse for Encinitas than bar lovin Tony.
Tony actually said that people by a 100 to 1 margin support the Beer Gardens. Good thing nobody supported him from the downtown area. He must have been involved in the survey by the bar owners. He was very confident in his statement of fact.
ReplyDeleteDid the people who LIVE there get a chance to answer the survey? I live far away and I am against it since I have an 18-year-old son, and downtown is off limits for him now because of all of the drunk drivers. It is sad that we have to make their own downtown off limits because it is dangerous.
DeleteI pity the people who live in the area. It is a huge change for them.
And yesterday's hit & run at D st? Council are you paying attention? The Frankenstein of bars and drunks will ruin encinitas.....can you wake up to the monster you are creating?
ReplyDeleteWas there a connection between the accident at D Street yesterday and the bars? I read on patch it happened at 3 in the afternoon. Knowing whether the driver was drunk is complicated by the fact that the driver didn't stick around.
DeleteAnd was it a vehicle to vehicle hit and run or involve a bike or pedstrian?
DeleteThey are paying attention to one thing only: revenues. They answer to one person only: Gus Vina.
ReplyDeletePublic officials lining their own pockets....
DeleteTony is Beer Meister now! I guess the "right" people convinced him whose interests he represents. Dump all these people and keep trying...
ReplyDeleteDidn't Barth say that Pacific Station was the wave of the future? Did she smoke crack and start channeling Jerome Stocks? .Time for her to go. .
ReplyDeleteApparently those millenials want to leave their drunken dorm days behind them, guess the educated techie millenials won't be moving to Encinitas
DeleteMillenials have $100,000+ in student debt and weak job prospects. They can't afford $975,000 party pads.
Deletemaybe hard of hearing seniors can sell their spacious 2,500 sq ft homes and downsize in space and quality of life to the pacific station barview condo's, Barth told KPBS seniors want that lifestyle
DeleteLots of trust fund millenials around here that don't haver student debt and would love to live downtown.
DeleteIf there are "lots of trust fund millenials," I can't think of any outside of the children of Encinitas developers! I seriously doubt that most of them would want to live there.
DeleteGenerally people give high marks to those that attempt public office. But when people run on one platform and then do a dramatic about face ala prop A, desert rose, get rid of Sabine, put vina in line or remove, just to exit instantly from positions & promises is absurd for them to have done. Ethics ? ...... not!
ReplyDeleteIt is true! Usually, people in local office are well regarded. However, in past times, most citites did not change very much from year to year.
DeleteIt seems that in Encinitas, everyone at the City is on a fast track to ruin our 19 square miles called Encinitas, and only for one thing--money! The person who is really pushing this is Gus Vina. Remember, we will be paying him at least $200,000 for the rest of his life! He is doing everything possible to make sure that he has a secure retirement, not thinking about the fact that he is bankrupting our city in the process.
Don't forget, Phil Cotton and a lot of other people are getting that pension as well. And development has been coming big time the last 20 years. All those new developments are usually built on old greenhouse land or Ecke land or other larger parcels. Developers, not surprisingly, are the ones pushing development. And they've been supporting the Stocks Bonds Axis for the last 20 years. You're not going to stop development, if you're lucky you can slow it down, and the train doesn't always stop on a dime. When we demanded that Greystone in Leucadia build the park before the houses were complete, as they promised, they threatened to sue the city. This is what you're dealing with. It's about maximizing profit on the available land.
DeleteWORD
DeleteDoes anyone have a copy of the phone survey questions? Were the results given to the Council? The hospitality association website is parsed of any information on their moves to eliminate the their nuisance problem.
ReplyDeleteEncinitas Municipal Code has a chapter on required beverage serving responsibility that should be enforced by the city.
"9.43.020ResponsibleBeverageServiceandSalesTrainingRequired - Proof.
a) No alcohol outlet may serve, sell, or arrange delivery to a patron any alcoholic beverages unless a manager, assistant manager or lead employee who has completed a Responsible Beverage Service and Sales Training course is on the premises."
Why isn't the Council enforcing this chapter of the Municipal Code?
What makes you think they are not? Do you have any facts that anyone has violated this ordinance?
Delete-The Shark
Do you have any facts that anyone has complied this ordinance?
Delete--Huachinango
The phone survey I received on my voicemail, as I wasn't home, asked just one question. It asked if I was in favor or having the bars close at midnight, (hit 1) or opposed (hit 2). It was a robocall and since I wasn't home, I couldn't vote.
ReplyDeleteSad state of affairs when some legitimate restaurants join forces with those businesses that are creating a nuisance. Thanks Encinitas Hospitality Association for listing all the member businesses supporting the bad apples.
ReplyDeleteHow did Marco Gonzales end up being chair of the EHA?
ReplyDeleteThey pay him, lawyers don't do anything for free, regardless of what they tell you.
DeleteThey've seen him be successful waving his arms and threatening to sue the city and realized his histrionics could benefit them, too.
ReplyDeleteMarco Gonzales is also a good friend of Barth.
DeleteSan Diego County Department of Food and Housing Division requires:
ReplyDelete17. WINDOW SCREENS. To prevent the entry of flies, dust, and
other undesirable conditions into the food establishment,
all openable windows located anywhere in the establishment
opening to the outside are required to be screened. The
screening must fit the window opening securely. Minimum
sixteen (16) mesh per inch screen material is required.
Where are the window screens on all the open-air bars and restaurants?
ReplyDeleteWe want screens!
ReplyDeleteNo more liquor licenses in Leucadia. We do not want to become PB, Newport Beach, or Downtown Encinitas. Keep the problems out of Leucadia, keep the liquor licenses at status quo or less.
ReplyDeleteYes KLCC ... We hear you, we know your are there. What else do you oppose?? Breathing???
DeleteHav a beer, JP/Charlie.
DeleteBeer and Wine licenses probably make up the bulk of the new places like Soltara, the Public House, The Regal Seagull, Pandora's etc...
ReplyDeleteSee comment at 3:46.
DeleteKeep Leucadia Crappy Club
See comment at 9:17.
DeleteSolterra is the only new beer and wine sales location here in a while. Public House has been a number of alcohol establisments for decades as has Regal Seagull and Pandora's. But I'm all for a ceiling on what we have. Definately less problems without drunk vandals bar hopping in the wee hours.
ReplyDeleteWe want screens on the open-air restaurants and bars.
ReplyDeleteWhere are the screens?
Too bad the family Halloween is now screwed up with the leering bar crowd. Kids navigating puke, lovely.
ReplyDeleteComplain to the SD health department about the screens.
ReplyDeleteWe want screens.
Yeah yeah yeah. Blah blah blah.
DeleteKLCC.....
Keep leucadia council corruption-free!
DeleteYes! A much more accurate definition of KLCC than JP and Charlie's: Keep Leucadia Council Corruption-free. Love it.
DeleteAre you saying the Leucadia town council is corrupt?? Doubtful. Nice hard working people that want to make a positive difference for the community. Unlike the Crappy Club people that are obstructionistas
DeleteKEEP it corruption-free, indicating it has been so far. Obstructionists is Teresa's word for any residents who bother to speak up at council meetings.
Delete7:02 thank you, you got the meaning .... but not limited to the mayor in this marxist regime.
DeleteAgree not at all limited.
DeletePut screens on those restaurants and bars with open windows. Complain to the SD health department about the businesses not following the County requirements.
ReplyDeleteWe want screens on the restaurants and bars.
Lack of screens is only -1 point on the dept health screening of a restaurant. That's still a 99 score and an A rating.
DeleteGet a grip on reality people.. Aren't you the same yahoos that host back yard bar-b-ques?? Where are your screens??
Karmas coming in the screens ...yes!
ReplyDeleteScreen the stupid comments. Too many cluless people on this blog, thinking they know things.
ReplyDeleteCluless?
ReplyDeleteYeah. Are you cluless too????
DeleteClouseau. I'm inspecting errant posts.
ReplyDeleteTony Krantz will give you that famous salute from his car window if you think he is pro-citizen. He is Beer Meister of Sudsville!
ReplyDeleteStop the Council changes to many commission policies!
ReplyDeleteCouncil agenda item 10A tonight is another power grab and bloating of power.
At the May 13 meeting Council approved -
1. Eliminating the 2 year term for all commissioners.
Changing the term to 3 years.
2. Two commission application deadlines - one for incumbents and an extended deadline for new applicants. (What is wrong with the existing procedure of one deadline?)
3. Commissions are to develop work plans and present them to the Council. (The Council is responsible for delegating work to the commissions, not vice versa.)
Commissions are to provide annual reports to the Council. (More busy work for the commissions, more propaganda for the Council members.)
4. Approved expanding the Traffic Commission from five commissioners with one from each community to seven members with two at large. (No longer would each community have equal representation.)
Council approved a name change from the Traffic Commission to the Traffic and Public Safety Commission. (The Traffic Commission is an advisory
commission.)
And this is only the beginning of the Council's eviscerating commission procedures - many of them in place since 1988.
Chicken little said the sky is falling!,you are clueless.
ReplyDeleteFar from clueless, it's all about $ with this council, their back pockets being the recipient!
ReplyDeleteNot like in the past. I don't think any of Barth, Kranz or Shaeffer had money from out of town interests. The other two, not so sure...
DeleteAnd Kranz now - you still sure?
DeleteStop the Council changes to many commission policies!
ReplyDeleteCouncil agenda item 10A tonight is another power grab and bloating of power.
Tonight the Council will consider -
1. Who decides on Commission members
Option 1 - Continue the current practice of entire Council voting on appointments
Option 2 - Each Council member selects a commissioner. In this system each commission seat would be associated with a specific Council member. Council members would only appoint if their respective commissioner's term was up. (What is wrong with the current procedure?)
Council to discuss making all commissions at least 7 members (including the Planning Commission) (More dilution of community input)
Term limits for commissioners (Finally, something that does make sense. Unfortunately, the Council wants to expand each term from 2 years to 3 years.)
All I know is there were problems in the past with the 3-2 Bonds/Stocks axis advantage. We lost a lot of good parks and rec and planning commissioners through pure politics. A lot of people were handed a slot so they could later run for office.
ReplyDeleteNot sure we need 7 people, I think 5 is fine, still considering the rest of the ideas....
Here's an example of a parks and rec commissioner, representing Olivenhain. A 'trails' fan always intent on taking someone else's property.
DeleteThe City Manager asked all the Parks and Rec members to read the Housing Element part of the 'updated' General Plan in 2011 and before any of them could speak their requested opinion after having spent all weekend reading, this joker jumps in and says that Diane and Patrick are 'professionals' (Planners) and know way more than any of them about planning and that he doesn't believe its the commissioner's responsibility to interfere with staff and he bullies the Chair into telling the Parks and Rec commissioners to NOT express their opinions. And the chair was so weak he let this guy get away with it.
This 'trails' guy has been on that commission for many years.
4:07 - could you please elaborate on your statement: "A trails' fan always intent on taking someone else's property"? My undersatanding is that all the trials in Encinitas are on dedicated easements, whether they be sewer, utility, etc. Thanks,
Delete- The Sculpin
7 just means more rambling comments because lord knows every commissioner has something important to say.... long useless meeting.
ReplyDeleteI don't support the change and see it being wasteful to tax payers time and money.
Lets see- Did any of our current Council members serve on Commissions?
They are smart. Its a total wast of time for all involved.
I think some have 6, like Parks and Rec. You do need a good chair to keep the meetings tight...
ReplyDelete