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Agenda, first session

Del Mar City Council
March 20, 2023

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Agenda, first session
Meeting
March 20, 2023
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Del Mar City Council
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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 Meeting Agenda
Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
March 20, 2023 City Council Meeting

INFORMATION RECEIVED

AFTER THE COUNCIL AGENDA

WAS DISTRIBUTED
(“Red Dots”)

CITY COUNCIL AGENDA QUESTIONS
March 20, 2023
Item 3 – Authorization for Submittal of the 2022 Housing Element Annual Progress Report

1. How many Accessory Dwelling Units (ADUs) total in Del Mar are underway as applications in progress, permitted (entitlement and/or building permit), or completed (occupancy permit) since the current ADU ordinance went into effect? From the report, we can infer the following — please confirm the following is correct:
• 11 ADU applications submitted in 2022, not yet permitted. This is not correct, see clarification below.
• 16 Moderate ADUs permitted in 2022.
• 10 Above Moderate ADUs permitted in 2022.
• 22 Moderate ADUs permitted during June 30, 2020 - Dec 31, 2021.

Staff Response: In accordance with State law, the City’s previous ADU ordinances are all “null and void.” The City has been tracking the progress on ADU applications, including applications formerly known as “second dwelling unit” applications, since the first application for this type of accessory unit was submitted in 2016. Local progress related to these applications has been reported to the City Council and State Department of Housing and Community Development (HCD) annually by April 1 of each year through preparation and submittal of “Annual Progress Reports” (APR) in accordance with State law.

Following is information in response to the data requested above:

Cumulative Total Data for ADUs:
• Submitted ADU applications: In total, 113 ADU applications have been submitted to the City since 2016. The City did not receive any applications prior to 2016.

Currently, there are 32 ADU applications in process (includes 2022 and prior years).
• Approved ADU permit applications: 82 have approvals. This number includes those ADUs that have issued building permits, those that are pending building permit issuance, or have not yet applied for a building permit. • Approved ADU building permits: 62 have building permits. 1 March 20, 2023 Items 3 and 4
• Approved ADU permits with post-construction with final signoff by the Building Inspector: 27 total.

By comparison the 2022 APR prepared for Item 3 identifies the numbers only for the calendar year 2022. Following is a summary of the data specific to 2022:
• 39 ADU applications were submitted in 2022
o Of the 39, 29 ADU applications are still in process
o Of the 39, 10 ADU applications have received building permit approvals • 27 total units were produced in 2022 that count toward the 6th Cycle o 1 above moderate single dwelling unit (primary unit) received building permit approval in 2022
o 16 moderate ADUs received building permit approvals in 2022 o 10 above moderate ADUs received building permit approvals in 2022

2. How many Above Moderate ADUs were permitted during June 2020-December 2021?
Staff Response: Eleven (11) above moderate ADUs were permitted from June 30, 2020 to December 31, 2021, which counted toward the 6th Cycle. 22 moderate ADUs were permitted during the same timeframe.

3. Of all of the above, how many ADUs have been completed? (Occupancy permit) Staff Response: In total since 2016, 27 ADUs have been constructed and received final sign off by the Building Inspector (final inspection). There is no additional permit required for occupancy. Of the 27 existing ADUs, 18 ADUs received final sign off in 2022.

4. When did the current ADU ordinance go into effect? Were there additional ADUs permitted under the ordinance prior to June 2020?
Staff Response: As mentioned above, the City’s previous ADU ordinances are all null and void. Ordinance 932 was certified by the Coastal Commission February 8, 2018, and subsequently invalidated pursuant to State ADU Law that took effect January 1, 2020.

The City has continued to process ADU applications consistent with State law. Prior to June 2020, 5 ADUs were issued building permits.

5. How many ADU applications have been submitted so far in 2023? Staff Response: Three (3) ADU applications have been submitted so far in 2023.

6. What criteria distinguishes Above Moderate versus Moderate for ADUs? Staff Response: Most units in Del Mar are classified as above moderate. However, the changes in State ADU law since 2020 have significantly facilitated production of ADUs, which has facilitated production of smaller sized, infill units that provide lower rent 2 March 20, 2023 Items 3 and 4
opportunities. In addition to other factors (i.e., location, size, and comparable rental rates), the City is classifying new units as either above moderate or moderate income based on whether they are smaller in size and not maxed out to largest extent possible (i.e., units smaller than 800 square feet) are classified as moderate income.

7. Were there any ADU applications that were submitted and retracted in 2022 and thus not on the Tab A list?
Staff Response: There was only one application that was submitted, then withdrawn in 2022, and that is reported in Tab A.

8. Why does Tab A2 show 23 ADUs with entitlement and 27 with Building Permits? Can a unit get a building permit without first being entitled? Staff Response: The City is required to report on all activity (applications/approvals/completed projects) during the calendar year. This includes applications submitted and processed during prior calendar years. In this case, the number of ADU applications approved during 2022 (entitlements) is lower than the total number of building permits issued in 2022. The agenda report includes a table for Tab A2 that lists all units that received building permits in 2022. Some of the units had entitlements approved in prior years (e.g., ADU20-034 and ADU20-037). This explains why the entitlement numbers and building permit numbers differ from year to year because it reflects a snapshot in time of permit status. As for clarification, an ADU cannot receive a building permit prior to entitlement approval.

9. What is the status of the one deed restricted ADU that was going to be a Lower Income unit?
Staff Response: In 2019, the City issued a building permit for one deed-restricted low income ADU, which counted toward the 5th Cycle RHNA. The unit was constructed and received final sign off by the Building Inspector in 2021.

10. As additional Moderate units are produced in this cycle above Del Mar’s RHNA allocation, will they count toward Above Moderate or toward the next 7th Cycle? Staff Response:

All units produced in the 6th Cycle count toward the 6th Cycle progress. If State law remains consistent with previous Housing Element Cycles, it is anticipated that the City could take one-time credit for units approved (entitled or permitted) or built since the start date of the RHNA projection period of the 7th Cycle.

11. How many trees or protected trees have been removed and not replaced to construct ADUs? ADUs are “by right” and thus do not go through Design Review. Are tree removals being tracked?
3 March 20, 2023 Items 3 and 4
Staff Response: Five Tree Removal Permit applications and five Notice of Intent Permits were approved in 2022, and none of those were locations with ADU applications.

12. Of the 27 units that received building permits in 2022, how many are ADUs that have received occupancy permits?
Staff Response: Of the 27 units that received building permit approvals in 2022, two (2) ADUs were constructed and have received final sign off by the Building Inspector. There is no additional permit required for occupancy.

13. Of the 61 total new units that have received building permits in this cycle, how many are ADUs? How many are ADUs that have received occupancy permits? Staff Response: Of the 61 issued building permit approvals for the 6th Cycle, 57 are ADUs. Of those 57 ADUs, 22 were constructed and have received final sign off by the Building Inspector. There is no additional permit required for occupancy.

Item 4 - Authorization for Execution of a Funds Transfer Agreement with the California Department of Transportation (Caltrans) to Obtain State Funding for the Camino Del Mar Bridge Replacement Project

1. What is the current estimated cost of the bridge, and how has the cost evolved from early cost estimates?
Staff Response: The Agenda Report lists an estimate of $50,000,000 that was previously reported to City Council in a September 20, 2021 Agenda Report. Kleinfelder’s next phase of Design Engineering (scheduled to begin in April 2023) will include a more current cost estimate which will account for the latest 18 months of high inflation rates. At this time, all costs associated with the project, including the City’s required matching funds, are being covered through outside sources of funding from Caltrans, County of San Diego, and State of California.

Previous lower cost estimates were provided before any design engineering and did not include the following:

1. More stringent bridge design requirements (for example Sea Level Rise requirements of 30-inches above future 100-yr flood elevation).

2. The City’s preferred alternative to install a temporary bridge during construction to maintain two-way traffic and help emergency response vehicles.

3. General inflation and construction cost escalations (labor, materials, equipment, fuel).
4 March 20, 2023 Items 3 and 4

2. Do we have traffic/use data for the bridge (i.e. vehicles, bikes, pedestrians)? Staff Response: According to the project’s Traffic Impact Analysis which will be included in the Mitigated Negative Declaration (CEQA MND) for the project, which is scheduled for City Council consideration in April 2023, average daily traffic near the project site on a typical weekday is approximately 12,500 vehicles per day. 5 March 20, 2023 Items 3 and 4
1 Melinda Gould
From: Dolores Jamison <[email protected]>
Sent: Saturday, March 18, 2023 2:29 PM
To: City Clerk Mail Box; Tracy Martinez; David Druker; Dwight Worden; Terry Gaasterland; Dan Quirk
Subject: Red Dot Letter Re: Item #7, City Council Agenda for March 20, 2023 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Martinez and City Council Members:

Regarding item #7 on the Council’s agenda for Monday, March 20, 2023, I would like to express my disappointment that the City is planning to postpone the Urban Tree Planting recommendation made in the Sustainability Advisory Committee’s work plan. In spite of this, however, there is no good reason not to consider moving forward with the tree recommendations that were made by SAC two years ago. They can and should be considered, apart from the tree planting itself. In addition, I would urge the City to take other steps to preserve our urban forest, including the possibility of an Ad Hoc tree committee, which could consider the impacts of revamping the Trees, Scenic View & Sunlight ordinance on the health of our protected trees and the preservation of the urban forest, which is critical to the success of our Climate Action Plan. Our recent letter to the City on these issues should make it clear that there are numerous residents who feel strongly about our protected trees and how they are treated.

Thank you for your consideration.

Sincerely,
Dolores Davies Jamison
Crest Road
1 March 20, 2023 Item 07
1 Melinda Gould
From: Taylor, Palmer <[email protected]>
Sent: Saturday, March 18, 2023 3:30 PM
To: Dolores Jamison; City Clerk Mail Box; Tracy Martinez; David Druker; Dwight Worden; Terry Gaasterland; Dan Quirk
Subject: RE: Red Dot Letter Re: Item #7, City Council Agenda for March 20, 2023 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

I fully agree with Delores Jamison that the City Council should take action on the SAC tree recommendations, so that neighbors and property owners are informed on the preservation of the urban forest, and maintaining ocean views.

Sincerely,
Palmer Taylor
-----Original Message-----
From: Dolores Jamison <[email protected]>
Sent: Saturday, March 18, 2023 2:29 PM
To: [email protected]; [email protected]; David Druker <[email protected]>; Dwight Worden <[email protected]>; [email protected]; [email protected] Subject: Red Dot Letter Re: Item #7, City Council Agenda for March 20, 2023 Dear Mayor Martinez and City Council Members:

Regarding item #7 on the Council’s agenda for Monday, March 20, 2023, I would like to express my disappointment that the City is planning to postpone the Urban Tree Planting recommendation made in the Sustainability Advisory Committee’s work plan. In spite of this, however, there is no good reason not to consider moving forward with the tree recommendations that were made by SAC two years ago. They can and should be considered, apart from the tree planting itself. In addition, I would urge the City to take other steps to preserve our urban forest, including the possibility of an Ad Hoc tree committee, which could consider the impacts of revamping the Trees, Scenic View & Sunlight ordinance on the health of our protected trees and the preservation of the urban forest, which is critical to the success of our Climate Action Plan. Our recent letter to the City on these issues should make it clear that there are numerous residents who feel strongly about our protected trees and how they are treated.

Thank you for your consideration.

Sincerely,
Dolores Davies Jamison
Crest Road
2 March 20, 2023 Item 07
1 Melinda Gould
From: Francis V. Chisari <[email protected]>
Sent: Sunday, March 19, 2023 9:28 AM
To: City Clerk Mail Box; Tracy Martinez; Dwight Worden; David Druker; Terry Gaasterland; Dan Quirk
Cc: Linda Chisari
Subject: Red Dot Letter Re: Item #7, City Council Agenda for March 20, 2023 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor and Members of the City Council,
Please do not delay consideration of the Urban Tree Planting item that Staff is suggesting you postpone.

It is in everyone’s best interest to preserve Del Mar’s precious urban forest which is slowly disappearing, one healthy mature tree at a time, for reasons that are not in the best interest of our community.

We won’t restate all the environmental, health and esthetic reasons to protect our urban forest, and how they overwhelm the shaky arguments often used to thin it, trim it, kill it. However, we sincerely hope that all of you, as our elected representatives and as our neighbors, agree that we shouldn’t lose another healthy mature tree that, through no fault of its own, is incoveniently located on a lot.

This is acutely worrisome for our protected Torrey Pines and Monterey Cypresses.

Because, in arboreal terms, this is a life and death issue, we believe it should be included high on the list in the City’s work plan this year. If past is prologue, postponement will inevitably lead to the destruction of more healthy mature specimens, a major avoidable loss for our community.

Much of the content of the Urban Tree item was proposed to the City Council by the Sustainability Advisory Committee nearly 4 ago. Please do not wait to act on those recommendations any longer.

Sincerely,
Frank and Linda Chisari
Crest Road
Sent from my iPhone
Please excuse the typos
3 March 20, 2023 Item 07
1 Melinda Gould
From: Ron Prater <[email protected]>
Sent: Sunday, March 19, 2023 12:15 PM
To: City Clerk Mail Box
Cc: Arlene Prater
Subject: Item 7 of City Council Meeting on March 20, 2023 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

As longtime residents of Del Mar, we urge you to maintain strong protections for the protected trees in our city. The lush and verdant hillside, with its magnificent Torrey pine trees, is one of the reasons we chose to make this community our home 40 years ago. These iconic trees are a symbol of what makes Del Mar unique and attractive.

One of the things that sets Del Mar apart from other areas is the beautiful tree canopy that graces our community. Allowing Torrey pines and Monterey cypress trees to be more easily removed or overpruned would be a grave mistake. We must preserve these trees to maintain the charm and character of our community.

We hope you will not make it easier to remove these trees in order to improve ocean views. Doing so would only benefit a select few individuals while devaluing the public's sense of place. While there may be millions of people around the world with ocean views, only in Del Mar can we enjoy the beauty of the ocean through the majestic Torrey pines.
-Ron and Arlene Prater
442 Zuni Drive
Del Mar
4 March 20, 2023 Item 07
1 Melinda Gould
From: Anne Farrell <[email protected]>
Sent: Sunday, March 19, 2023 12:48 PM
To: City Clerk Mail Box
Cc: Dan Quirk; David Druker; Dwight Worden; Terry Gaasterland; Tracy Martinez Subject: RED DOT (3/20/23): Item 7, Council Consideration of Fiscal Year 2023-2024 Advisory Committee Work
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Martinez and City Council Members,
We are extremely disappointed that you have chosen to postpone the Urban Tree Planting recommendation that was put forward in the workplan by your own Sustainability Advisory Committee. These recommendations were made to you three years ago. We see absolutely no good reason for you to postpone addressing this issue immediately, especially as we see so many developers cutting down trees at an alarming rate, to improve private ocean views.

One of the things that distinguishes Del Mar is our urban forest, which is such an important factor in our Climate Action Plan. The Arbor Day Foundation states:
“As trees grow, they help stop climate change by removing carbon dioxide from the air, storing carbon in the trees and soil, and releasing oxygen into the atmosphere. Trees provide many benefits to us, every day. They offer cooling shade, block cold winter winds, attract birds and wildlife, purify our air, prevent soil erosion, clean our water, and add grace and beauty to our homes and communities.”
We urge the Council to appoint an Ad Hoc Tree Committee and allow a group of citizens to look at the impact on our urban forest, particularly if you revamp the Trees, Scenic Views, and Sunlight ordinance. We know that the current TSVS ordinance is not working well and needs to be revisited and refined. But the issue is not only to open up scenic views for private citizens; it is also to make sure that we are not harming the larger community by overzealous tree elimination. There is a large and concerned group of citizens who feel strongly about protecting and properly caring for our Del Mar trees – especially those large landmark trees and protected varieties such as Torrey Pines and Monterey Cypresses.

Thank you for taking this issue seriously and addressing it with urgency.

Sincerely,
Anne and John Farrell
Via Alta, Del Mar
5 March 20, 2023 Item 07
1 Melinda Gould
From: Gale Darling <[email protected]>
Sent: Sunday, March 19, 2023 2:59 PM
To: City Clerk Mail Box
Subject: Item #7
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Martinez and City Council Members,
Please move forward with the Urban Tree Planning “Preservation“ recommendations, do not postpone.

Our urban forest is a huge asset in Del Mar. Don’t take lightly how trees enhance our community. Just look at new subdivisions with no established old growth trees and compare them to our urban forest and what trees do to property values, air quality, biodiversity, ecosystems and over all aesthetics.

There is an old saying, “One generation plants trees for the next generation to enjoy.” Thank you for your time.

Gale Darling
217 24th St
Sent from my iPhone
6 March 20, 2023 Item 07
1 Melinda Gould
From: Rich Jamison <[email protected]>
Sent: Sunday, March 19, 2023 8:27 PM
To: City Clerk Mail Box
Cc: David Druker; Terry Gaasterland; Dwight Worden; Tracy Martinez; Dan Quirk Subject: March 20, 2023 Agenda, Item #7
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Martinez and City Councilmembers:

I am very concerned that the City has walked away from its responsibility to protect our Torrey Pines and Monterey Cypress trees, as evidenced by the fact that City staff have continued to place a low priority on the urban tree planting and tree care recommendations made by the Sustainability Advisory Committee.

It’s time for the City Council to show it’s commitment to the preservation of the urban forest in Del Mar. Recently, there have been some troubling signs that policy with respect to our protected trees is already changing, yet there has been no official action by the City Council. The message some residents and applicants seem to be receiving is that the City has been looking the other way on protected tree removals and has not been enforcing tree preservation conditions approved by the DRB. In addition, the removal of beetle infested trees—often plainly visible from public streets—seems to often require the intervention of concerned neighbors rather than the diligent oversight of City officials. It’s fair at this point to ask whether the City has the bandwidth to manage and preserve the urban forest. The Council speaking affirmatively would ensure residents that the City intends to enforce existing regulations.

The idea that the Council could direct City staff to revamp the Trees, Scenic Views & Sunlight (TSV&S) Ordinance without considering the impacts on our urban forest and the wellbeing of our Torrey Pines is unacceptable to many residents. These trees are identified in our Community Plan as a dominant species and are an integral part of our distinctive landscape and our special character. They also provide significant benefits in terms of cooling, carbon sequestration, and wildlife support. I am also concerned about how our Design Review Ordinance - based on coequal regulatory conclusions - could be upended by a single minded focus on views. I strongly urge you to give serious thought to the formation of an ad hoc tree committee so that all the relevant tree issues can be addressed when the TSV&S ordinance is reconstructed.

Sincerely,
Richard Jamison
Crest Road
Del Mar
7 March 20, 2023 Item 07
1 Melinda Gould
From: Daria Flores <[email protected]>
Sent: Sunday, March 19, 2023 10:09 PM
To: City Clerk Mail Box
Cc: Dwight Worden; [email protected]; David Druker; Dan Quirk; [email protected]
Subject: Item 7: Council Consideration of Fiscal Year 2023-2024 Advisory Committee Work Plans CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Council Members,
It has been disappointing for me, as a relatively new member of the Sustainability Committee, that our committee is limited to 4 meetings a year. Especially since our first meeting this year was taken up with making our committee plans compatible with the City's projected FY24 workplan format. That now gives us basically three meetings to do our work as a whole committee. During our last meeting, I had requested that our meetings be increased but was told this was not possible due to limited staff and City resources.

It is my understanding that the City advisory committees have been crucial in Del Mar's history, creating our community plan among other important things. This was done by frequent committee meetings (not always with Council members or staff present) and a supportive relationship between committee members, Council, and staff, helping to make our city the place we love today. Now our citizen advisory committee continues to meet quarterly even after Covid, and many of our recommendations receive a "not possible due to new Council project priorities, and limited staff and City resources... maybe next year" response. Does there have to be staff at all our meetings? Is this merely an adopted routine or a city regulation? If it is a regulation, can it be changed back to the way it was originally? I request that our meetings now be increased to at least to a minimum of 6 per year. It would also be helpful if the City could give us some idea of approximately how much staff time and City resources are allotted to our committee so we can prioritize and adjust our requests and projects accordingly.

Respectfully,
Daria Flores, Vice Chair of SAC
8 March 20, 2023 Item 07
1 Melinda Gould
From: Ann Feeney <[email protected]>
Sent: Monday, March 20, 2023 7:21 AM
To: City Clerk Mail Box
Cc: Dwight Worden; [email protected]; David Druker; Dan Quirk; [email protected]
Subject: Red Dot, Item #7, Sustainability Advisory Committee recommendation on trees Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Martinez and City Council Members,
When my family moved to California almost 40 years ago, we chose Del Mar to live in due to its beauty. One of the main reasons was that the tree canopy was much greater than other cities we looked at, and contained so many beautiful Torrey Pine trees. Sadly, that beautiful tree canopy has diminished over time. When I joined the Sustainability Advisory Board, we were just completing Del Mar’s Climate Action Plan which has a goal to increase the tree canopy by 1.5 times by 2020 over the acreage in 2012, and to increase it to 3x that level by 2035. Instead, we are loosing trees over time. Trees not only sequester carbon, they remove impurities from the air, provide shade and cooling, help retain water in the soil so that excess water from rain or overwatering will not run off in our bluffs leading to further erosion, and attract birds and wildlife.

Furthermore, they greatly beautify our city. To address the alarming decrease in our tree canopy, the Sustainability Advisory Board had proposed recommendations in the year preceding the Covid pandemic that we hope the City will now consider. These recommendations are aimed at protecting mature healthy trees during new or remodeled home construction including saving tree roots from damage, having a clear mitigation plan for replacing mature trees that are removed, updating the City’s Tree Policy Manual and applying it to private property, and other measures, while at the same time respecting the views of residents through a revised TSVS ordinance. We were very disappointed that staff has recommended that this aspect of SAC’s workplan should be postponed and we respectfully ask Council to reverse this recommendation today. Our tree canopy adds so much to the beauty of Del Mar, especially the iconic Torrey Pines. The Sustainability Advisory Board has several recommendations to preserve that canopy as much as possible within those constraints and we hope that Council will agree that this is a laudable goal. I know that many of our residents also agree, as attested by the 30 signatures on the letter recently sent to all City Councilmembers. Perhaps one approach could be to establish an ad hoc committee to study revisions to the TSVS ordinance within the framework of a comprehensive study of how Del Mar can both make the ability of residents to restore their views simpler while also increasing our beautiful and important tree canopy.

Sincerely,
Ann Feeney
Rimini Road
9 March 20, 2023 Item 07
1 Melinda Gould
From: John Goodkind <[email protected]>
Sent: Monday, March 20, 2023 10:06 AM
To: City Clerk Mail Box
Subject: red dot for item 7 of today's city council meeting Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

John Goodkind 1535 Forest Way item 7 3/20/2023
I served on a “Views and Trees” ad hoc committee in Del Mar about 40 years ago. At that time the problem was, as now, the conflict between private views and the benefits of trees. This conflict remains but, the large reduction of the tree canopy, since then, threatens to radically change the local environment that we currently live in. Del Mar has seen a substantial amount of redevelopment that has removed both protected and unprotected species, making preservation of the protected species even more critical. Recently enacted state law, allowing increased density of structures, without compliance with the design review ordinance, will substantially decrease the amount of landscaping in cities like ours. This will further reduce the number of trees that can be planted.

As a member of the DRB for the past 7 years I have seen multiple landscape designs that request removal of trees. In some cases the DRB doubted the report of the arborist hired by the applicant claiming that a tree was dying and dangerous. In at least one of these, the DRB requested a report from the city arborist who then disagreed with the earlier report. This has led me to conclude that the city ordinance should include the requirement of a report by the city arborist in cases where a privately hired arborist has recommended removing a protected tree.

The implementation of the Design Guidelines has clarified the Design Review Ordinances for the design of structures. However, the regulation of tree removal needs clarification so that the task of the DRB is clarified. I strongly endorse the suggestions in the letters from Delores Jamison and the others that a new ad hoc committee be appointed to review the ordinances.
1 March 20, 2023 Item 07
1 Melinda Gould
From: Ariel Renner <[email protected]>
Sent: Monday, March 20, 2023 10:46 AM
To: City Clerk Mail Box
Subject: RED DOT (3/20/23): Item 7, Council Consideration of Fiscal Year 2023-2024 Advisory Committee Work
Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Martinez and City Council Members,
We are disappointed to hear that you have decided to postpone the Urban Tree Planting recommendation that was put forth by your own Sustainability Advisory Committee three years ago. Our city continues to see developers cutting down protected trees to improve private ocean views, granting private citizens a luxury that is not absolutely guaranteed by the Trees, Scenic Views, and Sunlight ordinance of our Municipal Code. It is useful to remember that the above ordinance defines “Scenic Views” as those of “the Pacific Ocean, nearby lagoons, canyons, the community and its landscapes and urban forest character, or other scenic vistas” (Chapter 23.51, Sec. 020 M.) – a description that includes much more than just the ocean views so many trees are being cut down or severely pruned to improve and, indeed, one that includes our urban forest itself.

This urban forest is one of Del Mar’s most important and beloved features, and its preservation is a critical component of our Climate Action Plan. The repeated cutting down and severe altering of our local trees not only has a profoundly negative impact on our city’s environment and ecosystem, but it will continue to damage and irreparably alter the unique character that makes our city such a special place to live.

We are eager to join many of our neighbors in urging the Council to appoint an ad Hoc Tree Committee and allow a group of citizens to look at the impact on our urban forest, in part by revising and updating the Trees, Scenic Views, and Sunlight ordinance. We must ensure that we are not harming the larger community and environment by continuing to allow overzealous tree elimination for the sake of private views and property values. We would also like to see environmental preservation kept at the forefront of discussions surrounding our city’s storm and fire safety measures – it seems, perhaps now more than ever, critical to move forward with undergrounding, especially in the areas where the most trees exist, like our Hillside neighborhoods. The large Torrey Pine that fell on Via Alta during the storm earlier this month landed partially on our property, and though we were fortunate to have not suffered any more damage than lost power, the great benefit of undergrounding – to residents and to the environment – became even clearer as a result.

We join the large and concerned group of citizens who feel strongly about protecting and properly caring for our Del Mar Trees, especially those protected varieties such as Torrey Pines and Monterey Cypresses.

Thank you for taking this issue seriously and addressing it with urgency.

Sincerely,
Scott, Lisa, Ariel, and Alexander Renner
Via Alta, Del Mar
1 March 20, 2023 Item 07
1 Melinda Gould
From: [email protected]
Sent: Monday, March 20, 2023 11:04 AM
To: City Clerk Mail Box; Tracy Martinez; Terry Gaasterland; Dwight Worden; David Druker; Dan Quirk
Subject: Red Dot Letter: Item #7 (Clerk’s File No. 401-5) Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Martinez, and council members,
I am writing in regard to item #7, specifically, the Sustainability Advisory Committee proposed work plan and staff recommendations. I would like to respectfully bring your attention to two items that should be addressed and included in this FY 2023-2024 work plan.

Unfortunately, while the city of Del Mar has been able to resume its advisory committees, with a meager 4 meeting allowances per year, it seems that if the Council adopts the staff recommendations, it would impact its commitment to sustainability as follows:

1. The Helium Balloon Ban put forward by the Sustainability Advisory Committee was voted by the committee on July 13th, 2022. This is a non-controversial and easy ordinance. In fact, the ordinance from Solana Beach can simply be emulated. There is no impact on local businesses. Here is an excerpt from the Solana Beach Ordinance 523, 2022. “Lighter than air balloons [...] pose multiple threats to animals, humans, and the environment. Plastic pollution from improperly disposed of and/or deteriorating balloons directly impacts the environment, wildlife, domesticated animals, and human health, and indirectly impacts the City’s economy when it becomes beach litter. Lighter than air balloons are also a menace to utilities and fire departments, and when filled with helium, they threaten to deplete a precious, non-renewable resource important to science, industry and medicine.” https://solanabeach.govoffice3.com/vertical/Sites/%7B840804C2-F869-4904-9AE3- 720581350CE7%7D/uploads/C2_Report_-_5-11-22_-_O.pdf

2. The Urban Tree Planting presented by the Sustainability Advisory Committee should be fully implemented. With the frequent building of new homes in Del Mar and requests to remove inconvenient trees, we need vigorous steps to protect our urban forest, which has a significant function in storing carbon, providing shade, reducing temperature, and being a natural habitat for wildlife. Additionally, an ad hoc tree committee should be considered to evaluate the impact on trees when the city rewrites its scenic views ordinance. Simply removing Urban Tree Planting from the SAC’s work plan is not an option.

Best regards, and thank you for allowing me to express my opinion.

Valerie Dufort-Roy
Klish Way
2 March 20, 2023 Item 07
1 Melinda Gould
From: Silvia De Dea <[email protected]>
Sent: Monday, March 20, 2023 11:17 AM
To: City Clerk Mail Box
Cc: Dwight Worden; [email protected]; David Druker; Dan Quirk; [email protected]
Subject: Red Dot, Item #7, Sustainability Advisory Committee recommendation on trees Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Martinez and City Council Members,
I’ve been living and enjoying life in Del Mar for the last 20 years. I lived in several places and in different countries before moving to Del Mar and I recognize Del Mar is a very special place in the world and it needs to be protected as such. One the of key elements that makes it special is the tree canopy and its beautiful Torrey Pines Trees. Del Mar is the only place in the world where majestic Torrey Pines Trees live in a community; this makes our community a very desirable place to live. In my opinion Torrey Pines are not just trees, they are wonderful protected species, integral part of the history of our town, symbol of the city and they should be treated like monuments. We don't have old buildings like in Europe in Del Mar but we have natural monuments that we should value, protect and preserve. To me the Torrey Pines are to Del Mar what the Colosseum is to Rome.

It has been very concerning to witness our beautiful tree canopy to diminish over time. There has been a plan for several years to increase the tree canopy and instead that canopy is decreasing. In addition to beautifying our city, trees are key players in reducing carbon emissions, purifying air, provide shade and retain rainwater therefore preventing bluff erosion. They also attract birds and wildlife making our town a wonderful place to live in. Many people in the neighborhood enjoy listening to the birds singing, especially in the spring, and it’s alarming to see that several trees that are homes to the birds have been taken down and not replaced.

I’ve seen trees and, most alarmingly, Torrey Pines being removed without a valid reason or without the needed approvals. The Sustainability Advisory Board had proposed recommendations in the year preceding the Covid pandemic that we hope the City will now consider. These recommendations are aimed at protecting and increasing our tree canopy while still respecting the views or residents through a revised TSVS ordinance.

We were very disappointed that staff has recommended that this aspect of SAC’s workplan should be postponed and we respectfully ask Council to reverse this recommendation today. I know that many of our residents are also in support of protecting and increasing our tree canopy, as attested by the 30 signatures on the letter recently sent to all City Councilmembers. We would like to propose to establish an ad hoc committee to study revisions to the TSVS ordinance. There is a need for a comprehensive study leading to an updated ordinance that would balance views with increasing our beautiful and essential tree canopy.
3 March 20, 2023 Item 07
2 Thank you for your attention.

Sincerely,
Silvia De Dea
Stratford Ct.
4 March 20, 2023 Item 07
1 Melinda Gould
From: Gloria Sandvik <[email protected]>
Sent: Monday, March 20, 2023 12:02 PM
To: City Clerk Mail Box
Subject: Agenda item 7
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

To: Del Mar City Council Members
From Gloria Sandvik
Re: Agenda Item #7
Dear City Council Members,
Many of you during the campaign committed to environmental values and sustaining the uniqueness of Del Mar’s character. Please touch into those values to protect and sustain the tree canopy of Del Mar. The urban forest is unique to this town in the context of the coast and provided a rural touch of elegance to this community.

I recommend upholding the recommendations of the Sustainability Committee. Also, i please consider the establishment of an ad job committee that can ensure the long term protection of the tree canopy and includes the participation of community members.This committee could also review the view ordinance which currently seems almost impossible to enforce.

Thank you for your consideration.

Gloria Sandvik
1406 Crest Road
Del Mar, Ca 92014
Sent from my iPhone
1 March 20, 2023 Item 07
1 Melinda Gould
From: Sandy Dijkstra <[email protected]>
Sent: Monday, March 20, 2023 12:03 PM
To: City Clerk Mail Box; Karen Brindley; Tracy Martinez; David Druker; Dwight Worden; Terry Gaasterland; Dan Quirk
Cc: Richard Jamison; Penny Abell; Linda Chisari; Gale Darling; Silvia De Dea; Jason Dempsey; Anne Farrell; Ann Feeney; John Graybill; John Farrell; Beth Levine; Donald Mosier; Harold Feder; Ellie Haviland; Gloria Sandvik; Carmel Myers; Mel Gregory; Elise Capron; Ariel Renner; Dolores Davies
Subject: RED DOT (3/20/23): Item 7, Council Consideration of Fiscal Year 2023-2024 Advisory Committee Work
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Martinez and City Council Members,
We are disheartened to learn that you have decided to further postpone from consideration the Urban Tree Planting recommendation by the Sustainability Advisory Committee, even as protected trees continue to be cut down by developers to improve private ocean views – a luxury that violates the city’s Municipal Code (Chapter 23.51 Sec. 030).

Del Mar’s urban forest is what makes Del Mar distinctive amongst all our coastal cities. Next to the ocean, it's our city’s most unique and important feature, which is why preserving it is a key factor in our Climate Action Plan.

Therefore, we join our neighbors in urging you and the City Council to appoint an Ad Hoc Tree Committee, so that a group of citizens can study the impact on our urban forest caused by revamping the Trees, Scenic Views, and Sunlight ordinance, cited above, to ensure that the larger community and environment of Del Mar isn't harmed through overzealous tree elimination for the sake of individual citizens’ views.

Indeed, preserving Del Mar's distinctive arboreal environment is especially vital now, as palm trees are dying.

Even as we continue to improve fire and storm safety within the city, we should also be UNDERGROUNDING utility poles and wires in the areas where the most trees exist, i.e. in our Hillside neighborhoods. To that end, we encourage the City to move the next phase of undergrounding to Crest Road, which is the most endangered area in the City, also because of Crest Canyon, and especially after seeing the destruction that occurred on Via Alta and Crest during the storm earlier this month, taking out power for nearly all inhabitants up here.

We want to be sure that you and the City Council are aware that we are a large and concerned group of citizens, and we feel strongly about protecting and properly caring for Del Mar Trees – especially those large landmark trees and protected varieties such as Torrey Pines and Monterey Cypresses. We deeply appreciate your taking this issue seriously, and addressing it with the urgency it merits, ditto moving the next phase of undergrounding to Crest Road, which is also essential.

We cheer Del Mar on,
1 March 20, 2023 Item 07
2 Sandra and Bram Dijkstra
Rimini Road, Del Mar
2 March 20, 2023 Item 07
1 Melinda Gould
From: City Clerk Mail Box
Subject: FW: red dot trees
From: james emerson <[email protected]>
Date: March 20, 2023 at 11:54:36 AM PDT
To: Ashley Jones <[email protected]>
Subject: red dot trees
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Our tree canopy defines Del Mar. It differentiates us from other communities. We need to respect the balance between aesthetics, environmental sustainability, and ocean views.

History has taught us that vigorous citizen involvement usually leads us to wise decisionmaking. I hope the Council will put together a citizen involvement process where all interests can be represented to help the community reach consensus on this critical challenge.

Bud Emerson
1 March 20, 2023 Item 07
To: City Clerk Mail Box <[email protected]>; Tracy Martinez <[email protected]>; Terry Gaasterland <[email protected]>; Dwight Worden <[email protected]>; David Druker <[email protected]>; Dan Quirk <[email protected]> Subject: Red Dot Letter: Item #7 (Clerk’s File No. 401-5) CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Martinez and Councilmembers,
I am writing to respectfully request the council to go beyond the staff recommendations and approve the SAC's Urban Tree Planting plan and also implement prior tree planting recommendations.

My wife and I have supported the nearly 150-year old non-profit institution, American Forests (www.americanforests.org) for about two decades, giving monetary donations that support wildfire re-leafing (in So.California) and other urban forestry efforts while also offsetting our carbon footprint (calculated from surface/air travel, overall energy consumption, package delivery, etc.). One of the recent green-cover measurement tools they have created is a tree-equity score by region.
https://www.treeequityscore.org/map/#11.79/32.95272/-117.2372 Where do we find our beloved town in this score? Barely passing grades - We score 55 which is about the same as the Miramar MCAS area and worse than Solana Beach (71) and way worse than our preserved canyon areas (e.g. Crest Canyon, 79) or certainly Torrey Pines (84). A fairer comparison would be coastal Solana Beach, which has a score of 71. I understand that we have the asphalted areas of the DMFG and the vast lagoon areas. Our current canopy cover, per this survey is 17%. The survey states that our cover target should be 48%. The resultant math is simple: We need to *treble* the number of trees in our city, while respecting concerns of view protection, preventing overgrowth, preventing fire risk.

While I applaud the effort to move forward with the building electrification ordinance, I find that trees, and the incredible pollution that plastics consumption brings to our town and waterways, also need to be addressed as priorities. These priorities will be in line with our County level goals.

Sincerely and thanks for your leadership and work towards betterment of our City.

Regards,
Sudeepto Roy
Klish Way, Del Mar
1 March 20, 2023 Item 07
1 Melinda Gould
From: John Graybill <[email protected]>
Sent: Monday, March 20, 2023 2:45 PM
To: City Clerk Mail Box
Subject: Red Dot, March 20, 2023, Item 7
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Martinez and City Council Members,
It is very disappointing you have decided to postpone the Urban Tree Planting recommendation by the Sustainability Advisory Committee. Our mature trees are being cut down at an alarming rate. If it's not stopped, the unique beauty of our town will be forever damaged. Our urban forest is what makes Del Mar distinctive from other coastal cities.

The popular quest for unobstructed views is a shortsighted sellout of the long term beauty and value of our environment. Many of our long term residents were first attracted to Del Mar due to the beauty of filtered views with landmark trees.

Please take positive action by appointing an Ad Hoc Tree Committee to review and revise the Trees, Scenic Views, and Sunlight ordinance.

John & Gale Graybill
15th St.
1 March 20, 2023 Item 07

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