Council Mtg - Regular

Council Mtg - Regular

CITY OF SOLANA BEACH

Council Mtg - Regular

Solana Beach City Council, Successor Agency to the Redevelopment Agency, Public Financing Authority, & Housing Authority

MINUTES

JOINT REGULAR MEETING

Wednesday, February 25, 2015

06:00 P.M.

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

Teleconference Location (Zahn) Grand Hyatt Hotel, 1000 H Street NW, Washington, DC 20001

Minutes contain a summary of the discussions and actions taken by the City Council during a meeting. City Council meetings are video recorded and archived as a permanent record. The video recordings capture the complete proceedings of the meeting and are available for viewing on the City's website.

CALL TO ORDER AND ROLL CALL:

Mayor Heebner called the meeting to order at 6:42 p.m.

Present:

Heebner, Zito, Zahn, Nichols, and Marshall.

Absent:

None.

Also Present:

David Ott, City Manager

Johanna Canlas, City Attorney

Angela Ivey, City Clerk

Wende Protzman, Community Development Dir.

Mo Sammak, City Engineer/Public Works Dir.

Marie Berkuti, Finance Manager

Dan King, Sr. Management Analyst

APPROVAL OF AGENDA:

MOTION: Moved by Zito and seconded by Marshall.

Motion carried unanimously.

ORAL COMMUNICATIONS:

This portion of the agenda provides an opportunity for members of the public to address the City Council on items relating to City business and not appearing on today's agenda by submitting a speaker slip (located on the back table) to the City Clerk. Comments relating to items on this evening's agenda are taken at the time the items are heard. Pursuant to the Brown Act, no action shall be taken by the City Council on public comment items. Council may refer items to the City Manager for placement on a future agenda. The maximum time allotted for each presentation is THREE MINUTES (SBMC 2.04.190). Please be aware of the timer light on the Council Dais.

Kristin Brinner stated that she and Jim Jaffee had submitted a letter to the Council on August 24, 2014 regarding a development review permit

at 249-341 Pacific Ave. for the maintenance repair of the existing sea wall, that they had requested that the city assess a land lease recreation fee and oppose a lease on the associated $1,000 per linear foot deposit, and that Michelle Jaffee had attended the meeting to reiterate their points before the Council. She that it was unclear whether there were extensions on the leases for those properties which had expired in 2010, that Walt Crampton stated that the leases went into hold over, that he had contacted the State Lands Commission who had told him that even though the leases had expired they were in hold over and still in effect. Ms. Brinner stated that the Council approved to repair the seawalls, that she had contacted State Lands to inquire on what hold over meant, that she was told that the leases had expired in 2010 and that they were not held over. She stated that there was a discrepancy in the information that was conveyed to Council at the August 24, 2014 meeting and that according to the State Lands Commission there were no valid leases for properties of 249-341 Pacific Ave.

Jim Jaffee stated that he was Co-Chair of the Beach Preservation Committee of the San Diego County Chapter of Surfrider Foundation, that he attended the meeting when the seawall was approved in 1999-2000, and that there were leases associated with the properties and sand mitigation fees which would expire in 2019. He stated that he had contacted the Coastal Commission and State Lands Commission, that no one wanted to take responsibility for the situation, and that there was public property being occupied rent free since 2010. Mr. Jaffee stated that in the LUP there was now a provision for charging fees for the seawalls, that the Coastal Commission could assess the fees, and that the Coastal Commission would hold a hearing on the matter on March 11th which was the same date as the next City Council meeting. He stated that Council should adopt a resolution supporting the Coastal Commission to impose Land Lease recreation fees, that if the adoption of a resolution was not feasible due to time constraints the City Council could sign the support letter being prepared by Surfrider.

Mayor Heebner stated that no action could be taken at this meeting since the item was not noticed on the agenda, that the resolution, video, and minutes from the August meeting were available which reflected Council's view on the matter.

Johanna Canlas, City Attorney, stated that no action could be taken on this item at this time, that Council had a lengthy discussion on this issue at the August 2014 meeting, and that the discussion would be sufficient information for the proponents to take to the Coastal Commission.

Council and City Attorney discussed that since now the LUPA was adopted which contained fees future projects would be subject to the conditions of the LUPA if applicable.

COUNCIL COMMUNITY ANNOUNCEMENTS / COMMENTARY:

Mayor Heebner stated that a torrey pine tree on the south end of the Coastal Rail Trail was dead and would be removed for public safety reasons, that efforts were taken to revive the tree, and that smaller trees would be planted in the vicinity.

David Ott, City Manager, stated that this tree had fallen over several years ago and the current tree was the growth of a remaining branch.

A.

Council Mtg - Regular

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 REGULAR Meeting

Wednesday, February 25, 2015

6:00 P.M.

City Hall / Council Chambers, 635 S. Highway 101, Solana Beach, California Teleconference Location (Zahn) Grand Hyatt Hotel, 1000 H Street NW, Washington, DC 20001

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 at least 24 hours prior to special meetings. Posted agendas are subject to change up to the meeting's required posting deadline. Please check agenda postings for updates. Writings and documents regarding an agenda item of an open meeting, received after the official agenda posting, will be distributed to Council for consideration, and made available for public viewing. Items received at least 1 1/2 hours prior to the start of the meeting will be uploaded online with the agenda. Material received after this cut-off as well materials handed out at the meeting will become part of the record for filing. 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

Lesa Heebner, Mayor

David A. Zito, Deputy Mayor

Peter Zahn, Councilmember

Mike Nichols, Councilmember

Ginger Marshall, Councilmember

David Ott Interim City Manager

Johanna Canlas City Attorney

Angela Ivey City Clerk

SPEAKERS:

Please submit your speaker slip to the City Clerk prior to the meeting or the announcement of the Item. Allotted times for speaking are outlined on the speaker's slip for Oral Communications, Consent, Public Hearings and Staff Reports.

READING OF ORDINANCES AND RESOLUTIONS:

Pursuant to Solana Beach Municipal Code Section 2.04.460, at the time of introduction or adoption of an ordinance or adoption of a resolution, the same shall not be read in full unless after the reading of the title, further reading is requested by a member of the Council. If any Councilmember so requests, the ordinance or resolution shall be read in full. In the absence of such a request, this section shall constitute a waiver by the council of such reading.

CALL TO ORDER AND ROLL CALL:

APPROVAL OF AGENDA:

COUNCIL ACTION: Approved 5/0

ORAL COMMUNICATIONS:

This portion of the agenda provides an opportunity for members of the public to address the City Council on items relating to City business and not appearing on today's agenda by submitting a speaker slip (located on the back table) to the City Clerk. Comments relating to items on this evening's agenda are taken at the time the items are heard. Pursuant to the Brown Act, no action shall be taken by the City Council on public comment items. Council may refer items to the City Manager for placement on a future agenda. The maximum time allotted for each presentation is THREE MINUTES (SBMC 2.04.190). Please be aware of the timer light on the Council Dais.

COUNCIL COMMUNITY ANNOUNCEMENTS / COMMENTARY:

A.

CONSENT CALENDAR: (Action Items) (A.1. - A.4.)