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Minutes, special meeting, second session

Del Mar City Council
February 28, 2022

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Minutes, special meeting, second session
Meeting
February 28, 2022
Body
Del Mar City Council
Pages
2
Original file
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Text extracted from the city's file for reading and search. Open the original on www.delmar.ca.us. That file is the official record.

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES
FEBRUARY 28, 2022
Via Teleconference
1050 Camino del Mar, Del Mar, California

CALL TO ORDER
Mayor Worden called the meeting to order at 4:32 P.M.

ROLL CALL

Present: Mayor Dwight Worden; Deputy Mayor Tracy Martinez; Councilmembers Dave Druker, Terry Gaasterland and Dan Quirk

CLOSED SESSION
Assistant City Attorney William Pate reported that there were no reportable actions or recusals on the February 28, 2022 City Council Closed Session meeting.

CITY COUNCIL BUSINESS
ITEM 1: CONSIDERATION OF A LICENSE AGREEMENT BETWEEN THE CITY OF DEL

MAR AND THE NORTH COUNTY TRANSIT DISTRICT (NCTD) FOR PUBLIC USE OF NCTD RIGHT OF WAY (CLERK’S FILE NO. 406-1, 1506-20)
A presentation was provided by City Manager Ashley Jones. Assistant City Attorney Pate was available to answer questions.

Mayor Worden opened the item to public comment and the following people spoke:
1) John Stahl
2) Camilla Rang
3) Al Tarkington
4) Steve Tarkington
5) Kristin Brinner, Surfrider Foundation
6) Steven Crowe
7) Karen Lare
8) Mike Maier
9) Shawn Cane
10) Cathy Iwane
11) Frank Stonebanks
12) Liz Janapol
13) Laura DeMarco
14) Nick H.

Mayor Worden closed the item to public comment.

Council questions focused clarification of the California Environmental Quality Act (CEQA) exemption described in the agenda report; clarification on the timeline for the discussions regarding the proposed License Agreement (Agreement); whether the Agreement precludes the public or other entities from filing suits against North County Transit District (NCTD); whether all Councilmember suggested edits to the Agreement were accepted by NCTD; whether the Agreement applies to future projects or expansion rights, such as a double tracking project; and whether NCTD declined the City’s proposal to totally eliminate or further reduce the height of the fencing that may be installed in the License Area by NCTD.

SPECIAL CITY COUNCIL MEETING MINUTES
February 28, 2022

Page 2 of 2 ends

Council discussion focused on expressing appreciation for the public speakers and their efforts on this important issue; appreciation for City Manager Jones and Assistant City Attorney Pate for their efforts representing the City and negotiating the proposed Agreement; City’s opposition to fencing on the bluff; consideration of the City’s options if the City Council declines to sign the proposed Agreement; NCTD fencing proposal and the proposed Agreement as they relate to rail safety on the bluff; whether the City can prevent fencing on bluff outside of the proposed Agreement; San Diego Association of Government (SANDAG) long-term plan to remove the train tracks from the bluff; consideration of potential outcomes of Surface Transportation Board (STB) federal consistency review and anticipation of actions California Coastal Commission (CCC) may take related to NCTD’s fencing proposal; whether the City has the legal ability to stop NCTD fencing along the bluff; NCTD’s rational for upper bluff fencing; public’s legal right to access the bluff being established for the first time under the proposed Agreement; demarcation fencing installed by the City at North Bluff; timing for completion and related deliverables from the Coastal Connections Study; City’s desire to limit fencing to where train strikes actually occur; and Del Mar residents historic use of upper bluff walking trails.

IT WAS MOVED BY MAYOR WORDEN, SECONDED BY COUNCILMEMBER DRUKER TO

APPROVE A LICENSE AGREEMENT WITH NORTH COUNTY TRANSIT DISTRICT (NCTD)

ALLOWING FOR PUBLIC USE OF THE DEL MAR UPPER BLUFF TRAIL AREA LOCATED WITHIN THE NCTD RIGHT OF WAY. (VOTE 2-3) MOTION FAILED
Ayes: Mayor Worden and Councilmembers Druker Noes: Deputy Mayor Martinez, Councilmembers Gaasterland and Quirk; Absent: 0; Abstain: 0.

ADJOURNMENT
Mayor Worden adjourned the meeting at 6:15 P.M.

Sarah Krietor, Acting City Clerk

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