CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
APRIL 4, 2022 – VIA TELECONFERENCE ONLY
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.
CALL TO ORDER
Mayor Worden called the Regular Meeting to order at 4:30 p.m.
ROLL CALL
Present: Mayor Dwight Worden; Deputy Mayor Tracy Martinez; Councilmembers Dave Druker, Terry Gaasterland, and Dan Quirk
CITY ATTORNEY CLOSED SESSION REPORT
Assistant City Attorney Christina Cameron reported that there were no recusals or reportable actions for the April 4, 2022, City Council Closed Session meeting.
PLEDGE OF ALLEGIANCE
Councilmember Druker led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Worden opened the item to public comment and Barbara Gordon spoke.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Mayor Worden spoke about his desire for the City Council to show support for Ukraine.
Councilmember Druker reported on the La Jolla Half Marathon route through Del Mar scheduled for April 16, 2022.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the status and publicly available information related to the Watermark Project and the City’s preparations for the La Jolla Half Marathon.
PRESENTATIONS
ITEM 1: MEASURE Q CITIZEN OVERSIGHT COMMITTEE PRESENTATION (CLERK’S FILE NO. 401-5)
City Manager Jones introduced the item. A presentation was provided by Measure Q Citizen Oversight Committee Chair Alan Lonbom.
City Council Regular Minutes
April 4, 2022
City Council questions focused on whether it is within the scope of the Measure Q Citizen Oversight Committee to review forecasting for the undergrounding and Shores Park project and why Measure Q sales tax revenues come in higher than non-Measure Q sales tax revenue.
There were no public speakers for the item.
CONSENT CALENDAR
Acting City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar.
There were no public speakers for the consent calendar items.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY DEPUTY MAYOR MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 6, 8 AND 9. (VOTE 5-0)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.
ITEM 2: APPROVAL OF MINUTES: MARCH 9, 2022 SPECIAL MEETING, MARCH 21, 2022 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED APRIL 4, 2022 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.
ITEM 4: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
ITEM 5: CONTINUATION OF REMOTE PUBLIC MEETINGS IN COMPLIANCE WITH GOVERNMENT CODE SECTION 54953 (ASSEMBLY BILL 361) (CLERK’S FILE NO. 401-7)
Council adopted resolution 2022-22, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DEL MAR, CALIFORNIA, MAKING FINDINGS REQUIRED UNDER GOVERNMENT CODE SECTION 54953 RELATED TO ASSEMBLY BILL 361 IN
ORDER TO CONTINUE THE USE OF TELECONFERENCE OR A REMOTE MEETING PLATFORM TO FACILITATE REMOTE PUBLIC MEETINGS”, for the next thirty (30) days during the local emergency declared in response to the COVID-19 global pandemic, on consent.
ITEM 6: ACCEPTANCE OF A DONATION FROM THE DEL MAR FOUNDATION OF ART
NAME PLAQUES FOR THE JAMES HUBBELL SCULPTURE LOCATED AT THE DEL MAR LIBRARY (CLERK’S FILE NO. 1202-5)
Council accepted a donation from the Del Mar Foundation of two name plaques identifying the James Hubbell sculpture, entitled A River of Time, located at the Del Mar Library, on consent.
City Council Regular Minutes
April 4, 2022
ITEM 7: AWARD OF CONSTRUCTION CONTRACTS FOR 25TH STREET LIFEGUARD TOWER AND 17TH STREET BEACH SAFETY CENTER DOOR REPLACEMENT PROJECTS (CLERK’S FILE NO. 406-1)
The item was pulled from the consent calendar for a presentation by staff. City Council questions focused on whether marine grade protection/sealer would be used on the new doors; clarification on the cost estimates for the installation of the restroom doors; and options for reducing costs for the temporary restrooms.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY MAYOR WORDEN TO APPROVE A CONSTRUCTION CONTRACT WITH DAVE A. WARD FOR THE 25TH STREET LIFEGUARD TOWER EXTERIOR DOOR REPLACEMENT PROJECT; APPROVE A CONSTRUCTION CONTRACT WITH SUPERIOR DOOR SYSTEMS, INC. FOR THE 17TH STREET BEACH SAFETY CENTER GARAGE DOOR REPLACEMENT PROJECT; AND AUTHORIZE THE CITY MANAGER TO
EXECUTE THE CONTRACTS AND ANY CONTRACT CHANGES THAT ARE NECESSARY TO COMPLETE THE IDENTIFIED WORK. (VOTE 5-0)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.
ITEM 8: PROPOSED CITY COUNCIL POLICY RELATED TO ADVISORY COMMITTEE WORK PLANS (CLERK’S FILE NO. 101-2)
Council adopted resolution 2022-23, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ADOPTING CITY COUNCIL POLICY 204 - ADVISORY COMMITTEE WORK PLANS”, on consent.
PUBLIC HEARING
ITEM 9: RESOLUTION ADOPTING THE TRANSNET LOCAL STREETS AND ROADS PROGRAM OF PROJECTS FOR FISCAL YEARS 2022-2023 THROUGH 2026-2027 (CLERK’S FILE NO. 1506-1)
City Council questions focused on clarification of the amount and use of TransNet funds used in prior years. The Mayor open and closed the public hearing. There were no public speakers. The item was moved to the consent calendar for approval.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY DEPUTY MAYOR MARTINEZ TO ADOPT RESOLUTION 2022-24, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DEL MAR, CALIFORNIA, ADOPTING THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2022-2023 THROUGH 2026-2027”, on consent.
CITY COUNCIL OTHER BUSINESS
ITEM 10: INITIAL CONSIDERATION OF AN APPEAL OF THE DESIGN REVIEW BOARD’S APPROVAL OF DESIGN REVIEW PERMIT (DRB21-018), LAND CONSERVATION PERMIT (LC21-008), AND COASTAL DEVELOPMENT PERMIT (CDP 21-012) City Council Regular Minutes
April 4, 2022
PROJECT APPLICANTS AND PROPERTY OWNERS: MATTHEW AND CHELSEA ZISKIN
PROJECT APPELLANTS: NIGEL HOOK AND JANET WILSON
PROJECT LOCATION: 624 8TH STREET (APN: 300-252-14-00) (CLERK’S FILE NO. 301-5)
Councilmember Druker recused himself due to his long-time professional and personal relationship with the appellant. Assistant City Attorney Christina Cameron provided an overview of the initial consideration process. A presentation was provided by Associate Planner Jennifer Gavin.
Mayor Worden disclosed that he visited the project site, previously visit the Wilson/Hook site, and watched the related Design Review Board meeting. Deputy Mayor Martinez visited the Wilson/Hook residence and reviewed the related Design Review Board meeting. Councilmember Gaasterland and Quirk previously visited the Wilson/Hook residence.
The appellant Janet Wilson presented on the issue and basis for the request for a de novo hearing.
The applicant Chelsea Ziskin presented on the issue and basis for requesting the item not be set for a de novo hearing, allowing the Design Review Board determination to be upheld.
Mayor Worden opened the item to public comment and Susan McNamara spoke.
In order for this matter to be set for a de novo hearing, two of the four Councilmembers participating in this agenda item must indicate a desire to do so. Receiving the required support of two Councilmembers, Deputy Mayor Martinez and Councilmember Gaasterland, the item was set for a de novo hearing.
ITEM 11: UPDATE REGARDING POTENTIAL REVISIONS TO CITY CAMPAIGN AND TEMPORARY SIGNAGE REGULATIONS (CLERK’S FILE NO. 303-2)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Management Analyst/Acting City Clerk Sarah Krietor. Mayor Worden and Deputy Mayor Martinez provided additional comments on the proposal.
Council questions and discussion focused on time period temporary signs are allowed to be posted.
There were no public speakers for the item.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY MAYOR WORDEN TO
DIRECT STAFF TO PREPARE AND PROCESS DRAFT CODE AMENDMENTS FOR IMPLEMENTATION PRIOR TO THE NOVEMBER 2022 GENERAL ELECTION. (VOTE 5-0) Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.
ITEM 12: AMENDMENT TO CITY COUNCIL POLICY 200 PERTAINING TO THE SERVICE OF SIGNIFICANT OTHERS (CLERK’S FILE NO. 101-2)
A brief presentation was provided by Management Analyst/Acting City Clerk Krietor.
City Council Regular Minutes
April 4, 2022
Council questions focused on the current requirement for Councilmembers to recuse from voting on the appointment of their significant other or staff; rational for the definition of immediate family member used in the revised policy; and clarification on whether the revised policy would apply to advisory committee members.
Mayor Worden opened the item to public comment and Laura DeMarco spoke.
Council discussion focused on support for the revised policy; concerns about the policy revisions including a blanket prohibition for service of family members or significant others; consideration of when a dating relationship is considered a significant other related to this policy; whether it is proper for the revised policy to disqualify adult children of City Councilmembers from serving concurrently on the Planning Commission or Design Review Board; consideration of alternative policies that apply when hiring or financial decision are being made; rational for the inclusion of the quasi-judicial Design Review Board and Planning Commission in the policy; concern about the resignation provision included in the revised policy; and clarification on language “in the same household” included in the policy.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY DEPUTY MAYOR MARTINEZ TO ADOPT RESOLUTION 2022-25, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING COUNCIL POLICY 200 COMMITTEES - CITY COUNCIL ADVISORY COMMITTEES, BOARDS, AND COMMISSIONS”, TO PROHIBIT IMMEDIATE
FAMILY MEMBERS, INCLUDING SIGNIFICANT OTHERS OR SPOUSES, OF CITY COUNCIL
MEMBERS FROM SERVING OR BEING APPOINTED TO SERVE SIMULTANEOUSLY ON THE
DESIGN REVIEW BOARD OR PLANNING COMMISSION, WITH THE EDITS TO THE RESOLUTION TO ADD A PERIOD AFTER “SIBLING” AND DELETE “IN THE SAME HOUSEHOLD”. (VOTE 4-1) Ayes: Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: Mayor Worden; Absent: 0; Abstain: 0.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the North County Transit District (NCTD), San Diego Association of Governments (SANDAG) Borders Committee, Clean Energy Alliance (CEA), Regional Solid Waste Association (RSWA), SANDAG Shoreline Preservation Working Group, Del Mar Village Association, Housing Subcommittee, League of California Cities, and San Dieguito River Valley Regional Open Space Park (JPA), Lagoon Committee, Solid Waste Procurement Service Ad-Hoc Subcommittee, Sustainability Advisory Committee, and Traffic and Parking Advisory Committee.
ADJOURNMENT
Mayor Worden adjourned the meeting at 6:38 p.m.
Sarah Krietor, Acting City Clerk