CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
DECEMBER 5, 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 (joined at 4:32 p.m.)
CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that there were no recusals and for the December 5, 2022 City Council Closed Session meeting. She reported that for Item A there were no reportable actions. For Item B the City Council voted 5-0 to initiate litigation against the state regarding SB 9
PLEDGE OF ALLEGIANCE
Deputy Mayor Martinez led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
None.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Deputy Mayor Martinez reported on the recent Del Mar Village Association (DMVA) Christmas tree lighting ceremony and Sip & Taste and Viewpoint Brewery fundraiser for DMVA. Councilmember Druker reported on the annual Penguin Plunge event to be held on January 1, 2023. Councilmember Gaasterland reported on the University of California San Diego’s commitment to net zero carbon emissions, expressed appreciation to DMVA Chief Executive Officer Jen Grove for the Christmas tree lighting ceremony and Sip & Taste event; and she acknowledged the conclusion of the Del Mar Thoroughbred Club race events for 2022. Mayor Worden reported that the North County Coastal Cities appointed Oceanside Mayor Ester Sanchez to the San Diego County Regional Airport Authority; on Thursday, December 8, 2022, Nature and Culture International is doing a presentation at the Del Mar Town Hall on climate action activities; and Del Mar Community Connections is holding their annual holiday event on December 9, 2022, at the Del Mar Civic Center.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported that the Powerhouse Tot Lot construction began today and is anticipated to be completed in February 2023; upcoming annual turf maintenance at Powerhouse, Seagrove and Shores parks; current recruitments and upcoming appointments to fill vacancies on the City Council Regular Minutes
December 5, 2022
City’s Design Review Board and Planning Commission; planned certification of the November 2022 General Election results by the City Council on December 12, 2022; and an upcoming public workshop regarding the Coastal Connections Study hosted by SANDAG at the Del Mar Town Hall on December 7, 2022, from 6-8 p.m.
PRESENTATIONS
ITEM 1: PRESENTATION OF THE DRAFT COASTAL CONNECTIONS CONCEPTUAL PLANNING STUDY INITIAL CONCEPTS (CLERK’S FILE NO. 1005-2, 1101-1, 1506-1) City Manager Jones introduced the item. A presentation was provided by SANDAG Senior Engineer Allie DeVaux and Pete Ruscitti with consulting firm WSP.
City Council questions focused on the format for the December 7, 2022, Coastal Connections public workshop; how the future removal of seawalls would affect design alternatives that include stairs and other project elements that may rely on seawalls; whether 4th Street was considered as an at-grade rail crossing location; clarification on the timeline to complete proposed access improvements; whether Concept 1 took into consideration that Coast Boulevard has the most rail related incidents; the proposed dimensions of the signal house; whether an undercrossing at 11th Street was considered; and SANDAG’s plans for public outreach regarding the study.
Mayor Worden opened the item to public comment and the following people spoke:
1) Udo Wahn
2) Camilla Rang
3) Shirli Weiss
4) Suzanne Bevash
5) Al Tarkington
6) Jim Hindman
7) Karen Lare
8) Laura Schaefer
Mayor Worden closed the item to public comment.
Senior Engineer Allie DeVaux responded to the public comment and questions. She also indicated that other questions would be addressed at the public workshop on December 7, 2022.
Council discussion focused on overall support for establishing safe public crossings and access improvements, and support for further consideration of the underpass concept included in the study based on the impacts to the surrounding area related to at-grade crossings.
CONSENT CALENDAR
Administrative Services Manager/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 GAASTERLAND, SECONDED BY COUNCILMEMBER DRUKER TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 6. (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
December 5, 2022
ITEM 2: APPROVAL OF MINUTES: NOVEMBER 14, 2022 REGULAR MEETING (CLERK’S
MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED DECEMBER 5, 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: APPROVAL OF A TASK ORDER WITH NV5 INCORPORATED TO PERFORM
ENGINEERING DESIGN SERVICES FOR THE BEACH COLONY PEDESTRIAN IMPROVEMENTS PROJECT (CLERK’S FILE NO. 406-1)
Council approved a $23,484 Task Order with as-needed engineering consultant NV5 Incorporated (NV5) to perform engineering design services for the Beach Colony Pedestrian Improvements Project; and 2) authorized the City Manager to execute the Task Order, on consent.
ITEM 6: APPROVAL OF AN AGREEMENT FOR AS-NEEDED HUMAN RESOURCES SUPPORT SERVICES (CLERK’S FILE NO. 406-1)
Council approved a professional services agreement with CPS HR Consulting to provide as-needed human resources (HR) consulting and support services for an initial one (1) year period effective December 5, 2022, and ending December 5, 2023; and 2) authorized the City Manager to execute the agreement, on consent.
ITEM 7: AUTHORIZATION FOR SAN DIEGO COUNTY SHERIFF’S DEPARTMENT TO
PURCHASE AND INSTALL LICENSE PLATE RECOGNITION CAMERAS ON CITY TRAFFIC SIGNALS (CLERK’S FILE NO. 406-1, 1101-2)
The item was pulled from the consent calendar for City Council questions. Sheriff Lieutenant Christopher Lawrence and Assistant City Manager Clem Brown were available to answer questions. Council questions focused on what the Sheriff’s Department will do with the data; how the data will be stored; ingress and egress at Crest Boulevard and whether the Sheriff’s Department has reached out the City of San Diego regarding installing license plate recognition camera at that intersection; whether the readings are a public record and whether they can be obtained by the public through a California Public Records Act request; whether other vehicles are picked up on the camera; whether these systems can have false readings due to the number of plates; whether the system works at night and how it works; whether Google Maps or other services alert people to these cameras; and clarification on who will maintain and own the equipment.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND AND SECONDED BY DEPUTY MAYOR MARTINEZ TO AUTHORIZE THE SAN DIEGO COUNTY SHERIFF’S DEPARTMENT TO INSTALL FIVE (5) AUTOMATED LICENSE PLATE RECOGNITION (LPR) CAMERAS ON TRAFFIC SIGNALS IN THE CITY USING RECKOR SYSTEMS City Council Regular Minutes
December 5, 2022
INC. (RECKOR) EQUIPMENT; AND AUTHORIZE THE CITY MANAGER TO REIMBURSE THE COUNTY OF SAN DIEGO SHERIFF’S DEPARTMENT IN THE AMOUNT OF $28,790 FOR THE CAMERAS, LICENSING, AND SERVICE FEES FOR THREE (3) YEARS AND FOR THE ASSOCIATED CELLULAR SERVICE FEES. (VOTE 5-0)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.
ITEM 8: APPROVAL OF THE 2023 ADVISORY COMMITTEE MEETING SCHEDULE (CLERK’S FILE NO. 401-5)
The item was pulled from the consent calendar by Karen Lare. Karen Lare commented that the Lagoon Committee will be requesting monthly meetings as part of their 2023 Work Plan. City Manager Jones clarified that the City Council is being asked to approve a schedule for quarterly committee meetings and that under the current Council policies committees have the ability to hold additional meetings on an as-needed basis with approval from their committee Council liaisons. She also clarified that the City Council will be reviewing proposed work plans for all City advisory committees during the 2023 Council Goals and Priorities Workshop, which would be the basis for determining whether some committees may need to meet more frequently.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY
COUNCILMEMBER GAASTERLAND TO APPROVE THE 2023 ADVISORY
COMMITTEE MEETING SCHEDULE. (VOTE 5-0)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.
ITEM 9: RESOLUTION MEMORIALIZING THE CITY COUNCIL’S DECISION ON TREES, SCENIC VIEWS, AND SUNLIGHT APPLICATION TVS21-002 (CLERK’S FILE NO. 1403-7)
The item was pulled from the consent calendar by attorney Scott Williams who provided comment on behalf of Mr. and Mrs. White. City Attorney Devaney responded to Mr.
Williams comments and advised the City Council that the action before the Council related to this agenda item is to memorialize the prior determination of the of the City Council by adoption of the resolution.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND AND SECONDED BY DEPUTY MAYOR MARTINEZ TO ADOPT RESOLUTION 2022-75 AS AMENDED, “A
RESOLUTION OF THE CITY OF DEL MAR, CALIFORNIA REGARDING TREES, SCENIC VIEWS, AND SUNLIGHT APPLICATION TVS21-002, DETERMINING THAT THE SCENIC VIEW FROM THE PRIMARY LIVING AREA OF 225 TORREY PINES TERRACE IS UNREASONABLY OBSTRUCTED BY THREE (3) TREES LOCATED AT 473 OCEAN VIEW AVENUE, AND THAT SPECIFIC VIEW RESTORATION MEASURES ARE WARRANTED AND REQUIRED”. (VOTE 4-1 WITH COUNCILMEMBER DRUKER
VOTING NO)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Gaasterland and Quirk; Noes: Councilmember Druker; Absent: 0; Abstain: 0.
City Council Regular Minutes
December 5, 2022
Council discussed the possibility of reconsidering this matter as requested by the Whites and whether CEQA review was conducted for removal of the tree. City Attorney Devaney advised on the Council’s option to direct the City Attorney to look into options to reconsider the matter. Council consensus was to not direct the City Attorney to explore options to reconsider the matter.
PUBLIC HEARING
ITEM 10: DE NOVO OF AN APPEAL OF THE CITY MANAGER’S DECISION ON ENCROACHMENT PERMIT EP22-064
EP APPLICANT/APPELLANT: STEVEN CROWE
APPLICANT’S ADDRESS: 111 SEA CLIFF WAY
(CLERK’S FILE NO. 802-1)
Councilmember Gaasterland was recused from participating in the de novo hearing due to residing within 500 feet of the subject matter of the hearing. City Attorney Devaney provided an overview of the de novo hearing procedure. Councilmember Druker disclosed that he has visited the property and has read the relevant materials. Deputy Mayor Martinez disclosed that she has visited the property twice and read the related red dots. Councilmember Quirk disclosed that he read the materials and red dots. Mayor Worden disclosed that he visited the site and read the agenda materials.
A presentation was provided by Assistant Planner Madeline Shute.
Applicant Steve Crowe provided a presentation on the merits and in support of EP22-064.
Mayor Worden opened the item to public comment and the following people spoke:
1) Karen Lare
2) Shirli Weiss
Mayor Worden closed the item to public comment.
Council discussion focused on appreciation to staff for their role and responsibility in implementing the Del Mar Municipal Code and the City Council’s ability to consider discretionary approval of the encroachment permit; outcome in the event of a tie vote on the matter; and desire to implement the code consistently.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY DEPUTY MAYOR MARTINEZ TO ADOPT RESOLUTION 2022-76, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, DENYING ENCROACHMENT PERMIT EP22- 064, A REQUEST TO INSTALL LANDSCAPING AND IRRIGATION WITHIN THE PUBLIC RIGHT-OF-WAY ADJACENT TO 111 SEA CLIFF WAY IN DEL MAR, CALIFORNIA”. (VOTE 3-1-1 WITH MAYOR WORDEN VOTING NO, AND
COUNCILMEMBER GAASTERLAND RECUSED)
Ayes: Deputy Mayor Martinez, and Councilmembers Druker and Quirk; Noes: Mayor Worden; Absent: 0; Abstain: Councilmember Gaasterland.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 7:13 to 7:23 p.m.
City Council Regular Minutes
December 5, 2022
CITY COUNCIL OTHER BUSINESS
ITEM 11: APPROVAL OF A LETTER TO STATE LEGISLATORS REGARDING ADVERSE IMPACTS OF STATE HOUSING LEGISLATION (CLERK’S FILE NO. 303-1, 401-7) An introduction to the item was provided by City Manager Jones. A presentation was provided by Deputy Mayor Martinez and Councilmember Gaasterland.
Council questions and discussion focused on the impacts of State housing legislation on Del Mar and importance of ensuring that State legislators are aware of the impacts and the City’s interest in collaborating on potential solutions.
There were no public speakers for the item.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY DEPUTY MAYOR MARTINEZ TO SEND THE LETTER TO THE CITY’S STATE LEGISLATIVE REPRESENTATIVES
ALONG WITH THE LEAGUE OF CALIFORNIA CITIES, WITH EDITS FROM COUNCILMEMBER GAASTERLAND AND COMMUNITY DEVELOPMENT AND PLANNING DIRECTOR BRINDLEY. (VOTE 5-0)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.
ITEM 12: IN-PERSON PUBLIC MEETINGS TRANSITION PLAN (CLERK’S FILE NO. 401-1, 1104- 3)
A presentation was provided by Administrative Services Manager/City Clerk Krietor.
Council questions and discussion focused on COVID safety procedures for public meetings; preference to resume in–person/hybrid meetings in January 2023; whether meeting participants, other than Councilmembers, should be permitted to participate in meetings remotely; desire to defer to the City Manager on whether or not to allow staff to participate remotely in meetings; desire to revisit the hybrid meeting plan as-needed; timing for installing hybrid meeting equipment in the Town Hall; and Council desire to allow applicants/appellants and their representative to participate remotely in meetings.
There were no public speakers for this item.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY COUNCILMEMBER DRUKER TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $8,500 TO THE PUBLIC, EDUCATIONAL, AND GOVERNMENT (PEG) FUND FOR HYBRID MEETING EQUIPMENT. (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
City Council representatives reported on the Clean Energy Alliance; SANDAG Board of Directors; Parks and Recreation Committee; Measure Q Citizen Oversight Committee; Legislative Subcommittee; San Dieguito River Valley Regional Open Space Park (JPA); Del Mar Quarterly Non-profits; League of California City Council Regular Minutes
December 5, 2022
Cities; League of California- California Coastal Cities; CSA-17 Ambulance District Advisory Board; Del Mar Community Connections;
ADJOURNMENT
Mayor Worden adjourned the meeting at 9:06 p.m.
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Sarah Krietor, Administrative Services Manager/
City Clerk