Council Mtg (Special) - Closed Session

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CITY OF SOLANA BEACH

SOLANA BEACH CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY,

PUBLIC FINANCING AUTHORITY, HOUSING AUTHORITY

MINUTES

Joint SPECIAL Meeting

Wednesday, February 27, 2013

5:00 P. M.

City Hall / Council Chambers, 635 S. Highway 101, Solana Beach, California

CALL TO ORDER AND ROLL CALL:

Mayor Nichols called the meeting to order at 5:00 p.m.

PRESENT: Councilmembers Mike Nichols, Thomas M. Campbell, Lesa Heebner,

David M. Zito and Peter Zahn

ALSO PRESENT: David Ott, City Manager, Johanna Canlas, City Attorney, and Wendé

Protzman, Deputy City Manager/Dir. Admin. Services

PUBLIC COMMENT ON CLOSED SESSION ITEMS (ONLY):

Report to Council Chambers and submit speaker slips to the City Clerk

before the meeting recesses to closed session.

CLOSED SESSION:

1\. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Pursuant to Government Code Section 54956.9(e)(3)

Facts and circumstances:

In a letter to the City Council dated January 15, 2013, the SeaScape I HOA Board of

Directors threatened litigation against the City as it relates to private stairways and LUP

(Land Use Plan) Policy 2.60. A copy of the January 15, 2013 letter is available for review

at the City Clerk’s Office.

2\. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Pursuant to Government Code Section 54956.9(d)(2)

One (1) potential case

Facts and circumstances need not be disclosed pursuant to Government Code Section

54956.9(e)(1).

ACTION: No reportable action.

ADJOURN:

Mayor Nichols adjourned the meeting at 5:55 p.m.

CITY OF SOLANA BEACH ACTION AGENDA The Action Agenda of the City Council Meeting is a document provided immediately following the Council Meeting in order for staff and the public to be aware of the business transacted and actions taken by Council. This is a preliminary draft and not a public record. The meeting’s legal record is the Minutes approved by the City Council. SOLANA BEACH CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, PUBLIC FINANCING AUTHORITY, HOUSING AUTHORITY Joint SPECIAL Meeting Wednesday, February 27, 2013 5:00 P. M. City Hall / Council Chambers, 635 S. Highway 101, Solana Beach, California PUBLIC MEETING ACCESS The Regular Meetings of the City Council are scheduled for the 2nd and 4th Wednesdays and are broadcast live on Cox Communications-Channel 19, Time Warner-Channel 24 (analog) or Channel 131(digital), and AT&T U- verse Channel 99. The video taping of meetings are maintained as a permanent record and contain a detailed account of the proceedings. Council meeting tapings are archived and available for viewing on the City’s website. AGENDA MATERIALS A full City Council agenda packet including relative supporting documentation is available at City Hall, the Solana Beach Branch Library (157 Stevens Ave.), La Colonia Community Ctr., and online www.cityofsolanabeach.org. Agendas are posted at least 72 hours prior to regular meetings and at least 24 hours prior to special meetings. Writings and documents regarding an agenda of an open session meeting, received after the official posting, and distributed to the Council for consideration, will be made available for public viewing at the same time. In addition, items received at least 1 hour 30 minutes prior to the meeting time will be uploaded online with the courtesy agenda posting. Materials submitted for consideration should be forwarded to the City Clerk’s department 858-720-2400. The designated location for viewing public documents is the City Clerk’s office at City Hall during normal business hours. SPEAKERS Please submit a speaker slip to the City Clerk prior to the meeting, or the announcement of the Section/Item, to provide public comment. Allotted times for speaking are outlined on the speaker’s slip for each agenda section: Oral Communications, Consent, Public Hearings and Staff Reports. AMERICAN DISABILITIES ACT TITLE 2 In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Section 202. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s office (858) 720-2400 at least 72 hours prior to the meeting. As a courtesy to all meeting attendees, please set cellular phones and pagers to silent mode and engage in conversations outside the Council Chambers. CITY COUNCILMEMBERS Mike Nichols, Mayor Thomas M. Campbell, Deputy Mayor Lesa Heebner, Councilmember David A. Zito, Councilmember Peter Zahn, Councilmember David Ott City Manager Johanna Canlas City Attorney Angela Ivey City Clerk

Solana Beach City Council Meeting February 27, 2013 Page 2 of 2 CALL TO ORDER AND ROLL CALL: PUBLIC COMMENT ON CLOSED SESSION ITEMS (ONLY): Report to Council Chambers and submit speaker slips to the City Clerk before the meeting recesses to closed session. CLOSED SESSION: 1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(e)(3) Facts and circumstances: In a letter to the City Council dated January 15, 2013, the SeaScape I HOA Board of Directors threatened litigation against the City as it relates to private stairways and LUP (Land Use Plan) Policy 2.60. A copy of the January 15, 2013 letter is available for review at the City Clerk’s Office. 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2) One (1) potential case Facts and circumstances need not be disclosed pursuant to Government Code Section 54956.9(e)(1). No reportable action. ADJOURN: AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF SOLANA BEACH I, Angela Ivey, City Clerk of the City of Solana Beach, do hereby certify that this Agenda for the February 27 2013 Council Meeting as called by City Council, Successor Agency to the Redevelopment Agency, Public Financing Authority, and the Housing Authority of the City of Solana Beach, California, was provided and posted on February 20, 2013 at 4:45 p.m. on the City Bulletin Board at the entrance to the City Council Chambers. Said meeting is held at 5:00 p.m., February 27, 2013, in the Council Chambers, at City Hall, 635 S. Highway 101, Solana Beach, California. Angela Ivey, City Clerk City of Solana Beach, CA