CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
NOVEMBER 14, 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 (initially absent, joined the meeting at 5:57 p.m.), Terry Gaasterland, and Dan Quirk
PLEDGE OF ALLEGIANCE
Councilmember Gaasterland led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mary Davis spoke about Building Electrification
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Mayor Worden reported on recent native planting activities facilitated by Wild Coast, Sierra Club, and Surfrider volunteers; new concert venue at the Fairgrounds; and Susan Komen race station in Del Mar on Friday, November 18, 2022. Councilmember Gaasterland reported on the student strike occurring at the University of California, San Diego (UCSD). Deputy Mayor Martinez reported on the upcoming Del Mar Village Association Holiday activities including the annual tree lighting event scheduled for December 4, 2022.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on current Planning Commission and Design Review Board recruitments; preliminary election results; appointment of Clem Brown as new Assistant City Manager; Coastal Connections Conceptual Planning Study, Community Open House to be held on December 7, 2022, from 6:00 - 8:00 p.m. in the Del Mar Town Hall; and recognized Fire Chief Mike Stein for his 29 years of service to the community and wished him well in retirement.
PRESENTATIONS
ITEM 1: PROCLAMATION DECLARING THE MONTH OF NOVEMBER AS FAMILY COURT AWARENESS MONTH (CLERK’S FILE NO. 1201-5)
City Council Regular Minutes
November 14, 2022
Mayor Worden presented a proclamation declaring the month of November as Family Court Awareness Month to Tracey Mueller-Gibbs from the Family Court Awareness Month Committee, who provided some information about the need to increase awareness of the importance of the family court system.
ITEM 2: USACE PRESENTATION REGARDING THE COASTAL STORM DAMAGE REDUCTION PROJECT (CLERK’S FILE NO. 1404-1, 1404-2)
City Manager Jones introduced the item. Opening comments were provided by Solana Beach Mayor Lesa Heebner, followed by a presentation regarding the Coastal Storm Damage Reduction Project located in the cities of Solana Beach and Encinitas by Susan Ming with the United States Army Corps of Engineers.
City Council questions focused on impacts to the beach in Del Mar; criteria for choosing an offshore sand borrowing site; total sum of sand being removed from borrow site initially and over the life of the project and related impacts; depth and location of borrow site; project transect locations; depth of the “depth of closure” located offshore; potential impacts to the San Dieguito Lagoon; details of inspections/monitoring including establishing a baseline for measurement of project related changes; role of Coastal Commission in project review and approval.
There were no public comments on this item.
Council discussion focused on concerns about impacts to Del Mar beaches related to acquisition of project from a Del Mar offshore borrow site; need for close monitoring and potentially adding transect locations; and support for the project’s benefits to Del Mar’s beaches as placed sand flows south.
ITEM 3: SANDAG RAIL REALIGNMENT PRESENTATION (CLERK’S FILE NO. 1506-1) City Manager Jones introduced the item. San Diego Association of Governments (SANDAG) representatives Sharon Humphries and Danny Veeh provided a presentation on the SANDAG Rail Realignment project.
City Council questions focused on opportunities for public input and outreach; whether a cost/benefit analysis will be completed for the project, including ridership benefits, and timing; concerns about connectivity to other areas of the corridor that also need improvements, such as San Clemente; whether or not the Coastal Commission has weighed in on San Clemente’s emergency repairs; engineering requirements for portal locations; whether noise and vibration attenuating technologies will be incorporated into the project; critical design considerations and environmental concerns that may impact two preferred alignments currently under consideration; when the alignment study will be available to the public for review; criteria that led to narrowing down the alignments and weighting for each; whether eminent domain will be required for the project; best way for the community to participate throughout the project process; whether BNSF and Amtrak railways are involved with the project; which agency certifies the environmental impact study and has final project approval authority; and whether the design requirements would be different if it didn’t include providing freight service.
Mayor Worden opened the item to public comment and the following individuals spoke: Shirli Weiss; Jim Smith; and Alice McNally. Mayor Worden closed the item to public comment.
Council discussion focused on impacts to private property related to portal locations; acknowledgement and expressed appreciation for the hard work of the SANDAG team; need for well-done community outreach efforts for this project; benefits of having the rail relocated and removed from the Del Mar bluff; City Council Regular Minutes
November 14, 2022
and acknowledgement that freight will continue to be moved along the rail corridor and its inclusion in the project design.
CONSENT CALENDAR
City Manager Jones 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 GAASTERLAND, SECONDED BY DEPUTY MAYOR MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 4 THROUGH 9, AND 12. (VOTE 5-0)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.
ITEM 4: APPROVAL OF MINUTES: OCTOBER 17, 2022 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 5: RATIFICATION OF LIST OF DEMANDS, DATED NOVEMBER 14, 2022 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.
ITEM 6: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
ITEM 7: PROPOSED AMENDMENTS TO THE 2022 & 2023 CITY COUNCIL MEETING AND HOLIDAY CLOSURE SCHEDULES (CLERK’S FILE NO. 401-1)
Council adopted Resolution 2022-69, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AMENDING THE REGULAR MEETING SCHEDULE OF THE CITY COUNCIL FOR THE 2022 CALENDAR YEAR”, and authorized the holiday related closure of City Hall on December 27, 28 & 29, 2022, and December 27 & 28, 2023, on consent.
ITEM 8: ADMINISTRATIVE UPDATES TO CITY EMPLOYEE RETIREMENT PLAN OPTIONS (CLERK’S FILE NO. 502-5)
Council adopted Resolution 2022-70, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, TERMINATING THE CITY MANAGER RETIREMENT PLAN 401(A) ADMINISTERED BY MISSIONSQUARE RETIREMENT”; Resolution 2022- 71, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR,
CALIFORNIA, APPROVING AN AMENDMENT TO THE MISSIONSQUARE RETIREMENT DEFERRED COMPENSATION 457(B) PLAN TO ADD A ROTH OPTION”; and Resolution 2022-72, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DEL MAR, CALIFORNIA, APPROVING AN AMENDMENT TO THE CALPERS RETIREMENT DEFERRED COMPENSATION 457(B) PLAN TO ADD A ROTH OPTION”, on consent.
City Council Regular Minutes
November 14, 2022
ITEM 9: FINANCE COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5) Council appointed Michael Minter as a voting member to the Committee to serve a full three-year term starting November 14, 2022, and ending on November 30, 2025, on consent.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 7:24 p.m. to 7:29 p.m.
PUBLIC HEARING
ITEM 10 ENCROACHMENT PERMIT (EP) EP22-082 – SANDAG BLUFF STABILIZATION V
IMPROVEMENTS RELATING TO SHORELINE PROTECTION, DRAINAGE
IMPROVEMENTS, AND REQUIRED MITIGATION (BEACH ACCESS FOR CONSTRUCTION AT 18TH STREET AND ADJACENT TO APNS: 299-240-01, 299-240- 23)
APPLICANT: SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) ON
BEHALF OF NORTH COUNTY TRANSIT DISTRICT (NCTD)
(CLERK’S FILE NO. 802-1, 1506-1)
An introduction of the item was provided by City Manager Jones. A staff presentation was provided by Assistant Planner Madeline Shute, followed by a presentation from SANDAG Senior Engineer Allie DeVaux.
Council questions focused on impacts to the public during construction, especially noise; sea wall, whether same type of rock revetment will be used as prior projects; location and placement of pole/solar irrigation controller; possibility of dedicated public hotline for the project; how heavy equipment is brought into project area; and whether rip rap and infill be removed in the future once rail line has been relocated.
Mayor Worden opened the item to public comment and the following spoke: Jim Hindman. Mayor Worden closed the item to public comment.
Council discussion focused on minimizing impacts to residents and requested that SANDAG staff work with City staff and seek feedback from neighbors prior to placement of the irrigation controller.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY MAYOR WORDEN TO ADOPT RESOLUTION 2022-68, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, APPROVING ENCROACHMENT PERMIT EP22-082 AND WAIVING THE PLANNING
AND LAND USE APPLICATION FEE FOR A LONG-TERM MAJOR ENCROACHMENT PERMIT FOR IMPROVEMENTS RELATING TO THE BLUFFS STABILIZATION V PROJECT (APNs: 299-240-01, 299-240-23) IN DEL MAR, CALIFORNIA” INCLUDING MODIFICATIONS FROM THE STAFF RED DOT. (VOTE 5-0)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.
City Council Regular Minutes
November 14, 2022
ITEM 11: CONTINUED FROM OCTOBER 17, 2022: DE NOVO HEARING OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION ON TREES, SCENIC VIEWS, AND SUNLIGHT APPLICATION TVS21-002
TVS APPLICANT/APPELLANT: MICHAEL AND ANGELA DEFTOS
APPLICANT’S ADDRESS: 225 TORREY PINES TERRACE
TREE OWNERS: HARVEY AND SHERYL WHITE
TREE OWNERS ADDRESS: 473 OCEAN VIEW AVENUE
(CLERK’S FILE NO. 1403-7)
An overview of the De Novo hearing process was provided by City Attorney Leslie Devaney. A presentation was provided by Associate Planner Adriana Jaramishian.
Council Disclosures: Councilmember Druker disclosed that he visited the Deftos residence and talked to the Deftos and Sherryl White; Deputy Mayor Martinez disclosed that she visited the Deftos residence and spoke to the Deftos and Sheryl White; Councilmember Quirk disclosed that he met with the Deftos and talked to Sheryl White; Councilmember Gaasterland disclosed that she visited both the White and Deftos residences; Mayor Worden disclosed that he visited the Deftos residence, watched the related Planning Commission hearing and reviewed all red dots.
Council questions focused on clarification on the restoration plan from arborist Mark Wisniewski being considered by staff and staff’s recommendation regarding the proposed restoration plan and Tree #1.
Applicant/Appellant Michael Deftos provided a ten-minute presentation regarding the TSVS application.
The tree owner’s representative, Adam Birnbaum, and tree owner Sheryl White provided a ten-minute presentation.
There were no public speakers for this item.
Both parties provided a five-minute rebuttal.
Council discussion focused on appreciation for the presentations provided by the Applicant/Appellant and Tree Owner and their representative; details of the ordinance as explained in a guide to residents; history of the rules and TSVS requirements and first TSVS appeal that was heard and potential precedence established regarding removal of protected trees for views; concern about the proposed five year timeframe to restore the impacted view; difficulty of this matter; interest in identifying a date by which the view must be restored, such as April 15, 2023; and concern that the proposed trimming plan provides a five year timeframe to restore the view.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY DEPUTY MAYOR MARTINEZ TO APPROVE THE WALTON PLAN, WHICH IS THE REMOVAL OF TREE #1 AND “DROPCROTCH” CROWN REDUCTION OF TREES #2-5 BY NO MORE THAN 20% IN ORDER TO RESTORE THE VIEWS TO AN APPROXIMATION OF WHAT EXISTED APPROXIMATELY 8-9 YEARS AGO.
DEPUTY MAYOR MARTINEZ AMENDED THE MOTION, TO INCLUDE AT LEAST ONE REPLACEMENT TREE. THERE WAS NO SECOND FOR THIS MOTION.
City Council Regular Minutes
November 14, 2022
IT WAS MOVED BY DEPUTY MAYOR MARTINEZ, SECONDED BY COUNCILMEMBER
GAASTERLAND TO MAKE A SECOND AMENDMENT TO THE MOTION TO REQUIRE AS
MITIGATION TO HAVE A TREE PLANTED SOMEWHERE ON THE PROPERTY OR IN THE CITY OF DEL MAR, APPROVED BY STAFF AND THE WHITES. NO VOTE WAS TAKEN.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY DEPUTY MAYOR
MARTINEZ TO REMOVE THE SECOND AMENDMENT TO THE MOTION AND RETURN TO THE
ORGINAL MOTION TO APPROVE THE WALTON PLAN WITHOUT THE REQUIREMENT FOR MITIGATION. NO VOTE WAS TAKEN.
IT WAS MOVED BY MAYOR WORDEN, SECONDED BY COUNCILMEMBER DRUKER TO MAKE A SUBSTITUTE MOTION TO APPROVE THE WISNIEWSKI PLAN DATED AUGUST 2, 2022, AND BY THE END OF APRIL, 2023, THE CITY ARBORIST REPORTS BACK THAT THE WISNIEWSKI PLAN CAN BE SUBSTANTIALLY ACCOMPLISHED AS TO TREE ONE. (VOTE 2-3, WITH DEPUTY MAYOR MARTINEZ AND COUNCILMEMBERS GAASTERLAND AND QUIRK OPPOSED – MOTION FAILED) Ayes: Mayor Worden, and Councilmember Druker; Noes: Deputy Mayor Martinez and Councilmembers Gaasterland and Quirk; Absent: 0; Abstain: 0.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY DEPUTY MAYOR MARTINEZ TO APPROVE THE WALTON PLAN, WHICH IS THE REMOVAL OF TREE #1 AND “DROPCROTCH” CROWN REDUCTION OF TREES #2-5 BY NO MORE THAN 20% IN ORDER TO RESTORE THE VIEWS TO AN APPROXIMATION OF WHAT EXISTED APPROXIMATELY 8-9 YEARS
AGO, AND PAYMENT WOULD OCCUR PER THE MUNICIPAL CODE WHICH WOULD REQUIRE THE DEFTOS TO PAY; AND NO MITIGATION IS REQUIRED. (VOTE 3-2 WITH MAYOR WORDEN AND
COUNCILMEMBER DRUKER OPPOSED)
Ayes: Deputy Mayor Martinez and Councilmembers Gaasterland and Quirk; Noes: Mayor Worden, and Councilmember Druker; Absent: 0; Abstain: 0.
ITEM 12: ADOPTION OF RESOLUTION 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 (CLERK’S FILE NO. 204-6)
The public hearing was opened and closed. There were no public speakers for this item. The item was moved to the consent calendar for approval of Resolution 2022-73, “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”.
IT WAS MOVED BY MAYOR WORDEN, SECONDED BY COUNCILMEMBER DRUKER TO EXTEND THE MEETING TO 10:15 P.M. The unanimous consensus of the Council was to extend the meeting until 10:15 p.m.
CITY COUNCIL OTHER BUSINESS
ITEM 13: IN-PERSON PUBLIC MEETINGS TRANSITION PLAN (CLERK’S FILE NO. 401-1, 401- 7)
City Council Regular Minutes
November 14, 2022
A presentation was provided by City Manager Jones, with IT Manager Emily Bernardo available to answer questions.
Council questions and discussion focused on desire to continue the item to the December 5, 2022, meeting in order to dedicate more time to reviewing the in-person meeting transition plan. It was the consensus of the Council that upcoming Council meetings to occur on December 5 and 12, 2022, would be remote, with in-person meetings resuming on January 9, 2023.
There were no public speakers for the item.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY MAYOR WORDEN TO CONTINUE THIS ITEM AND ITEM TITLED “REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORGANIZATION REPORTS” TO THE DECEMBER 5, 2022 COUNCIL MEETING; AND ADOPT RESOLUTION 2022-74, “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”, CONTINUING REMOTE MEETINGS THROUGH DECEMBER 12, 2022 COUNCIL MEETING. (VOTE 5-0)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
This item was continued to December 5, 2022 Council meeting.
ADJOURNMENT
Mayor Worden adjourned the meeting at 10:07 p.m.
Ashley Jones, City Manager