DISCUSSION/ANALYSIS:
Credit card merchants charge the City merchant fees for accepting and processing transactions paid with credit/debit cards. Currently, credit and debit cards are accepted at City Hall; Beach Safety Center; parking meters and pay-and-display machines; PayMyCite online portal; Paymentus online utility portal; and will also be accepted in the business license and planning and building permit online portals.
Historically, the City has absorbed the merchant fees generated by customer transactions at City Hall, Beach Safety Center, and parking meters. For the last three years the annual merchant fee costs have increased significantly to approximately $163,000 annually. Due to the rising costs of transaction fees, higher volume and transaction amounts paid via credit or debit card, staff is proposing to pass through the actual cost related to credit card and debit card transaction charges to the end users.
Staff recently conducted a credit card fee survey, which included responses from 14 cities in San Diego County, and results indicate that approximately 50% of San Diego cities are currently imposing some variation of an average of 3% credit card fee. Phoenix Group, the City’s contract parking citation processing agency, imposes a $3.95 per transaction convenience fee that covers their credit card transaction fees.
Business License Administration Portal
On October 17, 2022, the City Council approved a contract with Hinderliter De Llamas & Associates (HdL) for business license tax and administration services. HdL will provide web-based business license application and renewal services beginning in midDecember 2022, for the 2023 business license renewal cycle. Similar to the current online parking citation payment portal, HdL offers a convenience fee model that allows the customer to directly pay for credit/debit or ACH/eCheck fees at the time of payment. The convenience fee model covers the merchant fees related to electronic payment transactions and are submitted directly to the merchant account and are not deposited with City funds. The cost to the customer will be a 2.9% fee or minimum $2.00 transaction fee for use of credit and debit cards, or a $1.25 per transaction fee for ACH/eChecks.
Planning and Building Permit Portal
In 2014, the City acquired the permitting software TRAKIT and is currently transitioning to a fully electronic submittal process and web access through e-TRAKIT that is slated to be finalized by January 1, 2023. Cardknox, the merchant provider that will be processing electronic payments for building and planning permits also provides a fee model that allows the customer to pay for fees related to electronic payments made through TRAKIT.
The cost to the customer will be a 3% transaction fee for use of credit and debit cards, or a $2.95 per transaction fee for ACH/eChecks.
2 November 14, 2022 Item 12
City Council Agenda Report
Establishment of Transaction Processing Fees
November 14, 2022
On-site Transactions
Currently, the City absorbs all merchant fees related to credit/debit card transactions that are completed at City Hall and at the Beach Safety Center. Approximately one-third of the current merchant fees are related to on-site transactions for business licenses, building and planning permits, parking citations, facility reservations, transient occupancy tax, and for other services and debts owed to the City. The City collected an approximate $1.9 million in credit/debit card on-site payments for Fiscal Year 2021-22, for which the average merchant fee was 3%. As such, staff is recommending the approval of a 3% transaction fee on all credit/debit card transactions that are completed at City Hall or Beach Safety Center. No charge will be imposed for transactions paid by check.
Parking Meters and Pay & Display Machines
The City currently has 422 public parking spaces that are provided as paid parking facilities. Approximately two-thirds of the current merchant fees absorbed by the City are related to credit/debit card fees related to parking meter and Pay & Display meter transactions. Based on the approximate 240,000 parking related transactions per year, the average credit card fee is approximately $0.30 per transaction.
As a coastal jurisdiction, the City is required to obtain approval of a Coastal Development Permit (CDP) from the California Coastal Commission (CCC) for authorization to charge for public parking along the shoreline in the coastal zone. CCC approval was obtained for prior CDPs that authorized the City’s existing paid parking facilities. However, the CDPs expired during the COVID pandemic. On December 13, 2021, the City Council adopted a Resolution authorizing the City Manager to submit an application to the Coastal Commission for approval of a CDP. Staff submitted the CDP application in January 2022 which includes approval to charge a $0.30 per credit/debit card transaction fee for all parking meter and Pay & Display meter transactions. A tentative hearing date has not yet been scheduled by the Coastal Commission. Staff recommends implementing a $0.30 per credit/debit card transaction fee for all parking meter and Pay & Display meter transactions once approval has been received by the CCC.
Summary of Staff Recommendation
In summary, staff is proposing to implement the following credit card, debit card, and electronic transfers fund fees:
Credit & Debit Cards ACH/eCheck
Business License
online portal
2.9% or Min $2.00/transaction $1.25/Transaction
e-TRAKIT
Planning &
Building permit
online portal
3% $2.95/Transaction
3 November 14, 2022 Item 12
City Council Agenda Report
Establishment of Transaction Processing Fees
November 14, 2022
Credit & Debit Cards ACH/eCheck
On-site
payments
3% None
Parking meter
Pay & Display
Machines
$0.30/transaction
Recommendation
(Pending Coastal Commission
approval)
N/A
If approved, the transaction fees for online services related to business licenses and planning and building permits will go into effect as soon as the portal is available for processing online applications. Fees related to parking meters included in the City’s current CDP application cannot be applied until approval from the Coastal Commission is received.
FISCAL IMPACT:
Approval of the recommended action will result in a significant savings of merchant cost fees currently paid by the City totaling approximately $163,000 or more per fiscal year.
Since the processing fee will be implemented mid-fiscal year, and it is unknown when processing fees can be implemented for parking meter transactions, an adjustment to reduce expenditures for Fiscal Year 2022-23 will be included in the Mid-Year Financial Report.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
ATTACHMENTS:
Attachment A – Resolution 2022- Establishing Fees for Use of Credit Cards, Debit Cards, and Electronic Funds Transfer to Pay for Fees, Services and Other Debts Owed to the City of Del Mar
4 November 14, 2022 Item 12
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, ESTABLISHING FEES FOR USE OF CREDIT
CARDS, DEBIT CARDS, AND ELECTRONIC FUNDS TRANSFER
TO PAY FOR FEES, SERVICES AND OTHER DEBTS OWED TO
THE CITY
WHEREAS, Government Code Section 6159 permits the City, subject to approval of the City Council, to authorize the acceptance of a credit card, debit card, or electronic funds transfer for the payment for services rendered by the City and for fees, services and other debts owed to the City; and
WHEREAS, Government Code section 6159 also expressly authorizes the City to impose a fee for the use of a credit card, debit card or electronic fund transfer, so long as the fee does not exceed the costs incurred by the City in providing for the payment; and WHEREAS, the City incurs certain processing, transaction, and other services fees associated with the use of credit card processing services, including a fee of approximately 3% of all transactions in processing and otherwise administrating transactions in which credit cards are used.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar as follows:
SECTION 1: That the above recitations are true and correct and incorporated herein by reference; and
SECTION 2: The City Council hereby authorizes the acceptance of a credit card, debit card, or electronic funds transfer for the payment for services rendered by the City and for fees, charges, or taxes due to the City; and
SECTION 3: The City Council hereby authorizes the imposition of a convenience fee of two and nine-tenths percent (2.9%) per credit/debit card or $1.25 per ACH/eCheck for each business license online portal transaction; and
SECTION 4: The City Council hereby authorizes the imposition of a convenience fee of three percent (3%) per credit/debit card or $2.95 per ACH/eCheck for each planning and building online portal transaction; and
SECTION 5: The City Council hereby authorizes the imposition of a credit/debit card processing fee of three percent (3%) per on-site transaction; and SECTION 4: The City Council further finds that the above noted transaction fees do not exceed the costs incurred by the City when persons conducting business with the City make payment by credit or debit card, or electronic funds transfer. 5 November 14, 2022 Item 12
Resolution No. 2022-XX
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held this 14th day of November 2022. _____________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
___________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, Sarah Krietor, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2022-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 14th day of November 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
6 November 14, 2022 Item 12
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Sarah Krietor, Administrative Services Manager/City Clerk Via Ashley Jones, City Manager
DATE: November 14, 2022
SUBJECT: In-Person Public Meetings Transition Plan
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Review the proposed plan for transitioning to in-person public meetings and provide direction; 2) Approve a budget adjustment in the amount of $8,500 to the Public, Educational, and Government (PEG) fund for hybrid meeting equipment; and 3) Consider a Resolution (Attachment A) making the finding required by Government Code 54953 to continue with remote public meetings during the local emergency declared in response to the COVID-19 pandemic.
DISCUSSION/ANALYSIS:
City public meetings have been held remotely since the start of the COVID-19 global pandemic in March 2020 in compliance with Government Code Section 54953 (Assembly Bill 361), which waives certain provisions of the Brown Act and allows for remote public meetings if specific public safety findings are made by the City Council.
On October 17, 2022, City Council discussed preferred timing for resuming in-person public meetings based on regional and local public health circumstances. Council directed staff to initiate plans to resume in-person public meetings beginning with the December 5, 2022, City Council meeting and to return to Council with a comprehensive transition plan including information about hybrid meetings and public safety considerations.
Staff has prepared an In-Person Public Meeting Transition Plan (Transition Plan) described in detail in this report. Due to supply chain issues and other timing and logistics considerations for installing hybrid meeting technology, the soonest staff can facilitate a hybrid in-person meeting would be the January 9, 2023, City Council Meeting.
Additionally, Resolution 2022-67 allowing the City to continue with remote public meetings expires November 16, 2022. To continue with remote public meetings past November 16, 2022, the Council must adopt another Resolution (Attachment A) and specify the duration 1 November 14, 2022 Item 13
City Council Agenda Report
In-Person Public Meetings Transition Plan
November 14, 2022
of the Resolution, which may not exceed thirty (30) days. At this time, staff is seeking direction from City Council on whether to resume in-person public meetings on December 5, 2022, or to defer in-person public meetings until the City can facilitate hybrid meetings in January 2023. Staff is also seeking feedback and direction on all elements of the Transition Plan.
Transition Plan for Returning to In-Person Public Meetings Staff has evaluated options for returning to in-person public meetings in the proposed Transition Plan below. The proposed Transition Plan incorporates City Council feedback received on October 17, 2022, practices and procedures used by other cities, and the City’s Town Hall technology and procedures.
Hybrid Meetings
At the October 17, 2022, meeting Council expressed interest in a hybrid meeting model where the public could participate in meetings both in-person and remotely. Staff has considered a variety of factors related to hybrid meetings that are outlined below.
Types of Public Meetings
The City has twelve (12) Brown Act bodies that are required to comply with California open meeting laws including noticing and public access to meetings. This includes the decision-making bodies of the City Council, Design Review Board (DRB), and Planning Commission (PC) in addition to nine (9) City advisory committees (currently the Shores and Utility Underground Advisory Committees are on hold). The City’s current practice is to televise and record City Council, DRB, and PC meetings. Advisory committee meetings have historically been open to the public during the meeting in compliance with the Brown Act but are not televised or recorded. During COVID, advisory committees were streamed live to the City’s website through Zoom so members of the public could view the meetings; however, advisory committee meetings were not archived or recorded.
Hybrid meeting technology will be integrated through the Del Mar Television’s (DMTV) equipment. As such, staff recommends that the City implement hybrid meetings only for the City Council, DRB and PC and that advisory committee meetings take place exclusively in-person. Televising advisory committee meetings to facilitate hybrid meetings would cost approximately an additional $21,000 a year at minimum and would require an amendment to the City’s contract with DMTV. Consistent with the City’s longstanding practice, members of the public will continue to have the option of submitting written comments for all public meetings.
Remote and In-Person Participation
Public meetings participants include Brown Act body members, staff, the public, and other meeting participants such as presenters from regional organizations, applicants, appellants, and City consultants. Hybrid meetings must comply with Brown Act requirements for various participants.
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City Council Agenda Report
In-Person Public Meetings Transition Plan
November 14, 2022
Under the Brown Act, if the City Council does not adopt a Resolution making the required public health findings under Government Code 54953, remote participation of Council members must comply with the teleconferencing requirements of the Brown Act including noticing the alternate address on the agenda, making that location open to the public, and posting the agenda at the alternate location. Staff recommends that remote participation of members be limited and used only when necessary, as was the City’s practice prior to COVID. All Brown Act noticing requirements must be met when members participate remotely.
Additionally, on January 1, 2023, Assembly Bill (AB) 2449 Changes to Remote Attendance Rules under Ralph M. Brown Act’s Open Meeting Laws will go into effect. AB 2449 amends the Brown Act to impose different rules for remote member attendance at public meetings including allowing members to participate remotely in limited circumstances, such as “just cause” or “emergency circumstances” if noticing and other requirements of AB 2449 are met. The City Attorney’s Office and staff will provide the City Council with more details on the provisions and requirements of AB 2449 in the coming weeks.
Under the proposed Transition Plan, it is recommended that staff participating in the meetings be present in-person unless a special exception is granted by the City Manager.
Under the proposed hybrid meeting model, members of the public may participate in the meeting by making public comment either in-person via a speaker slip or remotely via Zoom. Nothing in the Brown Act prohibits a local agency from providing the public with additional remote participation options.
Lastly, staff is seeking Council direction on whether to allow other meeting participants, such as consultants and applicants/appellants/their representatives, to participate remotely. Hybrid technology, described in more detail in the next section, will allow remote participants to share their screen and comment live via audio and video. Whether or not to allow other meeting participants to join the meetings remotely is a policy decision for the City Council.
Staff recommends that any City policy be applied consistently to remote participants for reasons of equity and fairness. For example, the City Council may decide to implement a policy allowing applicants and appellants to participate remotely if requiring in-person participation would cause the item to be continued or delay City action on the item.
Technology Installation and Timing
To facilitate hybrid meetings, the City’s Information Technology (IT) and City Clerk divisions have worked closely with DMTV and the City’s IT infrastructure vendor AVI to identify the technology needed to smoothly facilitate hybrid meetings. The hybrid equipment identified will integrate with the City’s Audio/Video (A/V) and PEG television broadcast technology to allow remote Zoom participants to effectively communicate with in-person participants and to make both in-person and remote participants visible and 3 November 14, 2022 Item 13
City Council Agenda Report
In-Person Public Meetings Transition Plan
November 14, 2022
audible to the public viewing the meetings via TV, streaming, or in-person in the Town Hall.
Following the October 17, 2022, the City Manager approved the purchase of hybrid meeting technology from AVI which costs approximately $8,500 and will take approximately six (6) weeks to deliver and install. Installation timelines will need to work around events booked in the Town Hall and other operational activities. In addition to installation, staff will need time to work with DMTV to test the technology and train staff who will be managing remote participants on its use. As such, the soonest staff will be able to facilitate hybrid meetings will likely be January 9, 2023, which is the first City Council meeting to occur in 2023.
Meeting Logistics
Under the hybrid meeting model, public comment will be received by both in-person and remote participants. To give remote participants time to join the meeting to comment on a given item, it is recommended that the in-person public speakers be called first followed by remote public speakers. Calling each group, in-person and remote, of speakers together will be easiest for staff and DMTV to manage in a way that is viewer friendly for those watching the meeting from home or in-person.
Prior to COVID, up to two donations of time were permitted for in-person public comments allowing one speaker to speak for up to nine (9) minutes if they receive two (2) timed donations. Staff recommends that the City return to this policy allowing in-person public speakers to receive donations of time from those present at the meeting. Due to logistical complications, staff is recommending that donations of time not be accepted from remote participants.
Similarly, prior to COVID, public speakers were able to use PowerPoint presentations to accompany their public comment. PowerPoints and other presentation materials were to be submitted to the City Clerk or staff by 12:00 pm the day of the meeting. The Transition Plan envisions the City will return to its practice of allowing public speakers, both inperson and remote, to present PowerPoint presentations as long as the presentation is submitted to the City Clerk or staff within the required time frame.
Hybrid Meeting Staff Support
Staff supporting hybrid meetings for the City Council, Design Review Board, and Planning Commission will need to be trained on the new hybrid meeting technology. Additional staff may be needed to manage meetings with items that have many public speakers. Lastly, the Mayor and Design Review Board and Planning Commission chairs will need to coordinate with staff to ensure all in-person and remote speakers have an opportunity to comment.
In-Person Meeting Trainings
4 November 14, 2022 Item 13
City Council Agenda Report
In-Person Public Meetings Transition Plan
November 14, 2022
The City has not held public meetings in-person since February 2020, and many current members and staff will need training on use of dais and Town Hall technology including microphones, dais laptops and monitors, the speaker timer, and room orientation such as emergency exits, lighting, and blind controls.
Additionally, staff has received requests from some Councilmembers and members of the public for situational awareness training which would include law enforcement best practices and an overview of Town Hall safety technology. The training will be led by the San Diego County Sheriff staff, and participants will have the opportunity to ask questions.
Ideally, the City would hold in-person trainings for members and staff on both Town Hall technology and situational awareness prior to resuming in-person meetings.
In-Person COVID Safety Precautions
Most cities in the San Diego County are meeting in-person with some cities holding remote meetings when needed due to COVID outbreaks. Of the 18 cities in San Diego County, only National City is requiring staff and elected/appointed members to wear masks; members of the public attending the meeting are not required to mask. Some cities are encouraging, but not requiring, the public and meeting participants to wear masks. Additionally, the City has the option to make COVID-19 home tests available to staff and members who wish to voluntarily test prior to meetings. Current public health guidance does not recommend or require masks for public gatherings such as public meetings. Similarly, public health guidance does not currently require social distancing.
At this time, staff is recommending that masks be encouraged, but not required, by members of the public, elected/appointed members and staff at meetings. To reduce the number of people in the Town Hall at any given time, staff can increase the distance between each seat for meeting attendees. Staff is seeking direction on the City Council’s preferred safety procedures for public meetings. Safety procedures will be implemented consistently for all City public meetings. The City will continue to monitor public health guidance related to COVID-19 and will advise the City Council on any changes to COVID safety requirements or recommendations from local, state or federal public health agencies.
Resolution Continuing with Remote Public Meetings
Under Government Code 54953, in order to hold remote public meetings during the declared state of emergency due to the COVID-19 pandemic, the City Council must adopt a Resolution (Attachment A) making at least one of the two findings: 1) state or local officials have recommended measures to promote social distancing; and/or 2) that meeting in-person would pose an imminent risk to the health and safety of attendees.
The City Council has reconsidered the circumstances surrounding the pandemic and has adopted resolutions to continue with remote public meetings every thirty (30) days as required by Government Code 54953. Most recently, Resolution 2022-67 was adopted October 17, 2022, to continue with remote meetings through November 16, 2022. These 5 November 14, 2022 Item 13
City Council Agenda Report
In-Person Public Meetings Transition Plan
November 14, 2022
resolutions apply to all City public meetings including the City Council, Design Review Board, Planning Commission, and City advisory committees.
At this time, staff is seeking Council direction as to the timing for resuming in-person public meetings. Specifically, whether to resume in-person meeting effective December 5, 2022, as originally directed, or whether to extend remote meetings until January 9, 2023, when hybrid meeting equipment is installed and functional. Staff recommends, the City Council adopt the Resolution (Attachment A) and specify that remote meetings should continue through December 4, 2022 or specify another date up to thirty (30) days.
PRIOR CITY COUNCIL REVIEW:
The City Council declared a local emergency in response to the COVID-19 pandemic on March 14, 2020 and has been meeting remotely since that time. The City Council adopted Resolution 2021-45 on October 4, 2021; Resolution 2021-46 on November 1, 2021; Resolution 2021-49 on November 19, 2021; Resolution 2021-53 on December 13, 2021; Resolution 2022-01 on January 10, 2022; Resolution 2022-11 on February 7, 2022; Resolution 2022-18 on March 7, 2022; Resolution 2022-22 on April 4, 2022; Resolution 2022-26 on May 2, 2022; Resolution 2022-29 on May 16, 2022; Resolution 2022-34 on June 6, 2022; Resolution 2022-29 on June 20, 2022; Resolution 2022-52 on July 11, 2022; Resolution 2022-54 on July 25, 2022; Resolution 2022-57 on August 10, 2022; Resolution 2022-58 on September 6, 2022; and Resolution 2022-62 on October 3, 2022, allowing for the continuation of remote public meetings under the provisions established by AB 361. On October 17, 2022, City Council adopted Resolution 2022-67 to continue with remote public meetings through November 16, 2022, and directed staff to return with a comprehensive plan for transitioning to in-person meetings.
FISCAL IMPACT:
A budget adjustment to the PEG funds account (27.5211.2300) in the amount of $8,500 is needed to cover the costs of additional hardware to integrate Zoom participants into the existing A/V and PEG television broadcast system and implementation services.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item unrelated to the City Council’s Fiscal Year 2022-2023 Goals and Priorities.
ATTACHMENTS:
Attachment A – Resolution Continuing with Remote Public Meetings 6 November 14, 2022 Item 13
RESOLUTION NO. 2022-XX
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
WHEREAS, there exists the COVID-19 virus, which represents a serious public health threat; and
WHEREAS, on February 14, 2020, the San Diego County Health Officer declared a Local Health Emergency as a result of the COVID-19 virus; which was subsequently ratified by the Board of Supervisors on February 19, 2020; and
WHEREAS, on March 4, 2020, the State of California declared a State of Emergency as a result of the COVID-19 virus; and
WHEREAS, on March 13, 2020, the President of the United States declared a national emergency as a result of the COVID-19 virus; and
WHEREAS, on March 14, 2020, the City of Del Mar adopted Resolution 2020-12 declaring a local emergency related to COVID-19 and has been meeting remotely since that time in accordance with multiple Executive Orders issued by the Governor waiving certain provisions of the Brown Act; and
WHEREAS, on September 16, 2021, the Governor signed Assembly Bill 361 (AB 361) waiving certain provisions of the Brown Act during declared states of emergency and allowing for the continuation of remote public meetings if specific findings are made; and WHEREAS, on October 4, 2021, the City Council adopted Resolution 2021-45 making findings in accordance with AB 361, thereby waiving specific provisions of the Brown Act in order to continue the use of teleconference or a remote meeting platform to facilitate remote public meetings; and
WHEREAS, the City Council reconsidered the circumstances of the state of emergency, determined that meeting in person would directly impact the ability of the members and the public to meet safely and adopted Resolution 2021-46 on November 1, 2021; Resolution 2021-49 on November 19, 2021; Resolution 2021-53 on December 13; 2021; Resolution 2022-01 on January 10, 2022; Resolution 2022-11 on February 7, 2022; Resolution 2022-18 on March 7, 2022; Resolution 2022-22 on April 4, 2022; Resolution 2022- 26 on May 2, 2022; Resolution 2022-29 on May 16, 2022; Resolution 2022-34 on June 6, 2022; Resolution 2022-39 on June 20, 2022; Resolution 2022-52 on July 11, 2022; Resolution 2022-54 on July 25, 2022; Resolution 2022-57 on August 10, 2022; Resolution 2022-58 on September 6, 2022; Resolution 2022-62 on October 3, 2022; Resolution 2022-67 on October 17, 2022; and
WHEREAS, on November 14, 2022, the City Council reconsidered the circumstances of the state of emergency and determined that meeting in person would directly impact the ability of the members and the public to meet safely.
7 November 14, 2022 Item 13
Resolution No. 2022-XX
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that the City of Del Mar may continue to use teleconference or a remote meeting platform for/until _______ in accordance with AB 361 based on the following findings:
1. The City Council has held public meetings during the declared emergency related to the COVID-19 pandemic and has determined by a majority vote of the City Council that as a result of the COVID-19 global pandemic, meeting in person would present imminent risks to the health or safety of members and attendees.
BE IT FURTHER RESOLVED by the City Council that this resolution applies to the City Council, Design Review Board, Planning Commission, and all City advisory committees.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular meeting held this 14th day of November 2022. ___________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
__________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2022-XX, adopted by the City Council of the City of Del Mar, California at a Regular Meeting held the 14th day of November 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk, City of Del Mar
8 November 14, 2022 Item 13