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Smart Voter
San Diego County, CA February 11, 2014 Election
Proposition B
Fletcher Cove Community Center Use Permits
City of Solana Beach

Proposed Ordinance - Majority Approval Required

Pass: 1947 / 50.9% Yes votes ...... 1875 / 49.1% No votes

See Also: Index of all Propositions

Information shown below: Yes/No Meaning | Official Information | Impartial Analysis | Arguments |

An Ordinance of the City of Solana Beach, California, Amending Title 11, Chapter 11.40 of the Municipal Code to Allow for Special Use Permits to be Issued for the Fletcher Cover Community Center

Meaning of Voting Yes/No
A YES vote on this measure means:
A "yes" vote is in favor of amending the City's existing municipal code to allow the special event permits to be issued for the FCCC subject to the conditions outlined above overriding the existing Council policy regarding community rentals.

A NO vote on this measure means:
A "no" vote is against amending the City's municipal code, which would leave in effect the City's existing ordinances and policies for special event permits issued in the City.

Official Sources of Information
Impartial Analysis from the City Attorney
The measure proposes to amend Solana Beach Municipal Code (SBMC) Chapter 11.40 by adding Section 11.40.140, which would authorize the issuance of special event permits for use of the Fletcher Cove Community Center (FCCC) by residents for private events. Should the measure pass, it will override and supersede City Council Policy 23 related to the community rental use of the FCCC, and it will prevail over any inconsistent special event permit policies and procedures as set forth in Chapter 11.40 or by Council policy.

Currently, the FCCC is one of two community centers in the City of Solana Beach and is used for the City's recreation program, for adult education classes through the San Dieguito Adult School, and non-profit sponsored community events. Resident- sponsored events are allowed subject to City Council Policy 23.

Under the measure, a special event permit may be issued to Solana Beach residents for the use of the FCCC and the adjacent patio and lawn areas for private events, including, but not limited to, meetings, classes, and celebrations. The issuance of special event permits for resident-hosted events would be allowed for up to two of the three days per weekend (Friday, Saturday, or Sunday).

A special event permit for the FCCC, under the measure, would be issued for a nominal fee. The special event application fee is set by the City's User Fee schedule. The current permit cost is $50 for City residents. The measure will override the existing limits placed by the City Council on alcohol consumption, noise, frequency and occupancy during special events at FCCC. Instead, the permitted events at the FCCC would be subject to any applicable rules of the Alcoholic Beverage Control for the service of wine and beer and any applicable noise and occupancy regulations in the SBMC.

Under the measure, all private events must be concluded, including the cleanup for such events, by 10:00 p.m. The measure also provides that any violation of the laws and regulations of the Alcoholic Beverage Control, the State of California or the City of Solana Beach would result in the immediate closure of the event, revocation of the special event permit, fines, or any other action authorized by the SBMC.

Should the measure pass, the City Council will not have the ability to change the provisions of SBMC Section 11.40.140. It may only be amended, revised, or repealed through a vote of the people.

The measure provides that these changes to the SBMC would become effective immediately.

A "yes" vote is in favor of amending the City's existing municipal code to allow the special event permits to be issued for the FCCC subject to the conditions outlined above overriding the existing Council policy regarding community rentals. A "no" vote is against amending the City's municipal code, which would leave in effect the City's existing ordinances and policies for special event permits issued in the City.

Johanna Canlas, City Attorney
City of Solana Beach

  Official Information

City of Solana Beach

News and Analysis

Del Mar TImes Los Angeles Times San Diego Union-Tribune The Coast News
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Arguments For Proposition B Arguments Against Proposition B
Yes on Proposition B - put the "community" back in the Community Center.

The City allowed Fletcher Cove Community Center to fall into disrepair. Financial support was solicited from residents for the renovation, and they generously contributed over $250,000.

For two years, Council debated various proposals for citizen rental of the Center.

Then in June 2013, the City Council "indefinitely postponed" any further consideration of a rental policy. This was in response to objections by a small group of local residents - political allies of the council - who had concerns about parking and traffic.

Only after this occurred did a group of concerned Solana Beach citizens draft this Initiative. Contrary to claims by opponents, the Initiative does not remove the City's authority to protect public health and safety. It simply restores the historic uses of our Community Center.

Because of this Initiative effort, Council enacted a so-called "compromise." The new rules are so restrictive only one special event was scheduled during the first three months.

In October 2013, the City Council commissioned an independent report on Initiative impacts. This report concluded "there are not expected to be adverse impacts ...(on) parks, traffic, parking, open space, business retention or ... business districts." But the City Council didn't discuss this report in public until AFTER they scheduled the special election.

In spite of its own consultant's conclusion, the City Council chose not to adopt the initiative and instead spend $200,000 of your tax dollars on a special election.

Your tax dollars and voluntary contributions created a unique ocean front Community Center for use by the entire community.

Now a small group of vocal residents are trying to restrict your use and enjoyment of it. Preserve your right to use a community asset that belongs to all of us.

Yes on Proposition B.

Jim Nelson
Curator Solana Beach Heritage Museum
Mary Jane Boyd
Former Solana Beach town council member
Thomas J. Ryan
Condominium Organization of South Sierra Ave.
Mary L. Berend
44 year resident
Celine A. Olson
Former Solana Beach City Council Member/Mayor

Rebuttal to Arguments For
Don't be fooled! You already have the right to rent Fletcher Cove Community Center (FCCC) for private parties.

The current rental policy balances the concerns of the entire community. Prop B dismisses the concerns of all but the partiers!

Prop B Proponents are wrong:

  • The "historic" parties at FCCC they cite as model parties had to be stopped in the 1990's due to major problems. Prop B ties the Council's hands, preventing real City oversight when problems arise. Problems can't be fixed, except by another costly election!

  • They demanded this costly Special Election. Their Prop B submittal states "we are requesting that a Special Election be scheduled for the earliest possible date...." Then they took two extra steps to ensure a Special Election: early filing of their petition and extra signatures. This was entirely avoidable.

  • Unlike the report referenced by Prop B Proponents, analysis by a licensed traffic engineer concluded: "expansion of use for the FCCC... will cause impacts on parking in the surrounding neighborhoods and at the public parking lots...." Where will you park to shop, dine or go to the beach and parks?

  • Our City Attorney wrote "contrary to the conclusion in the Report, there could be significant impacts if the initiative is adopted."

Let's not force the need for more costly elections to address the problems sure to be created by Prop B!

We, and your entire City Council, urge you to Vote No on Prop B.

Richard D. Hendlin
Former Solana Beach Mayor-Councilmember
Retired CA Deputy Attorney General
Debra H. Schade Ph.D.
School board member
Gordon M. Johns
Retired Partner, Deloitte LLP
Member, Solana Beach Budget &
Finance Commission, 33 year resident
Kelly Harless
Chair, "Friends of Fletcher Cove
Vote NO on Prop B"
Mike Nichols
Mayor, City of Solana Beach

There is an existing City Policy that allows private parties at the Fletcher Cove Community Center (FCCC)!

We agree private parties at FCCC are an appropriate use. But parties must be fairly regulated to ensure public safety, minimize conflicts with nearby businesses and neighborhoods, and preserve our limited beach access parking. Prop B ends this fair regulation!

FCCC is a small meeting room in a residential neighborhood at the beach. It has only 2 parking spaces (handicapped only). It's already used Monday through Saturday, 135 hours each month, for classes, meetings and civic events, as it has been for the past 50 years. The current rules effectively manage any impacts generated from these uses.

The City Council protects our community by ensuring development and uses are appropriate and don't cause harmful impacts to existing neighborhoods or businesses. In that spirit we enacted a Compromise Policy that allows weekend private parties at FCCC and balances the concerns of those who want to rent FCCC, the people who use the beach and parks, shoppers and diners along Highway 101, and the residents who live in the area. AND it can be adjusted when necessary without an election!

Prop B changes City codes to greatly intensify usage by adding two parties every weekend with unlimited alcohol, live bands, and 100 guests when the demand for weekend parking is at its highest. The Council won't have the authority to fix the problems that arise from the impacts of Prop B. Another costly election is required.

The Compromise Policy isn't perfect. But it's flexible and adjustable by the Council. Don't set the rules in stone...Vote No on Prop B!

Thomas M. Campbell
Deputy Mayor
Lesa Heebne
David Zito
Peter Zahn
Mike Nichols

Rebuttal to Arguments Against
The City Council is misleading residents about Proposition B.

The Council failed to mention in their ballot argument that the so-called 'compromise' policy regarding the use of Fletcher Cove Community Center can be revoked at any time, returning to no citizen rentals and once again restricting YOUR use of the Center.

They failed to mention Proposition B specifically states it will operate under the City's existing Public Health and Safety laws, through the existing permit process, including restrictions on alcohol use, noise and occupancy.

They failed to mention that all of the City's existing Public Health and Safety laws continue to apply and remain enforceable by the City Council if Proposition B is approved.

They failed to mention that two special events per weekend is a maximum, not a requirement of Proposition B. And they failed to mention that a permit can be immediately cancelled by the City and an event shutdown if any of these rules and regulations are violated.

The Council failed to mention that their own independent study regarding the Initiative concluded there would be NO ADVERSE IMPACTS TO THE COMMUNITY. And they publicly admitted they DID NOT actually review the study they commissioned. They committed $200,000 of your tax dollars on a special election BEFORE their public review of the study.

The primary purpose of Proposition B is to protect your right to use and enjoy YOUR Community Center. Don't let the City Council take away that right.

Vote Yes on Proposition B.

Vickie Driver
Community Emergency Response Team
(CERT) Operations Leader
Richard A. Moore, Ph.D.
Retired physicist
Richard R. Freeland
Former Solana Beach Budget &
Finance Commissioner
Roger L. Boyd
Former Solana Beach Public
Safety Commissioner
Mary L. Berend
44 year resident

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Created: March 13, 2014 11:48 PDT
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