CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
JANUARY 8, 2024
City of Del Mar Town Hall
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 Druker called the Regular Meeting to order at 4:30 p.m.
ROLL CALL
Present: Mayor Dave Druker; Deputy Mayor Terry Gaasterland; Councilmembers Tracy Martinez, Dan Quirk (left the meeting at 6:37 p.m.), and Dwight Worden
PLEDGE OF ALLEGIANCE
Mayor Druker led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Druker opened the item to public comment and the follow people spoke:
1) Angelina Neglia
2) Monica Meredith
Mayor Druker closed the item to public comment.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Quirk reported on a countywide sales tax measure planned for the November 2024 ballot. Mayor Druker reported on the successful Penguin Plunge event held on January 1, 2024, and expressed appreciation for the Friends of the Powerhouse and Poseidon Restaurant’s sponsorship of the event.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported the Regional Task Force on Homelessness (RTFH) is actively seeking volunteers for the 2024 Point in Time Count, which will take place on January 25, 2024, and announced that the City once again was awarded the Certificate of Excellence for financial reporting by the Government Finance Officers Association for Fiscal Year 2021-22.
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.
City Council Regular Minutes
January 8, 2024
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 8 AND ITEM 10. (VOTE 5-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 1: APPROVAL OF MINUTES: DECEMBER 18, 2023 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED JANUARY 8, 2024 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.
ITEM 3: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
ITEM 4: APPOINTMENT TO THE SUSTAINABILITY ADVISORY COMMITTEE AND AMENDMENT TO COMMITTEE CHARTER RELATED TO MEMBERSHIP (CLERK’S FILE NO. 401-5, 401-13)
Council appointed Dolores Davies Jamison as a voting member to the SAC to serve a full three-year term beginning January 8, 2024, and ending January 31, 2027; and adopted Resolution 2024-01, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING AND RESTATING THE SUSTAINABILITY ADVISORY
COMMITTEE CHARTER TO REDUCE MEMBERSHIP SIZE FROM NINE TO SEVEN MEMBERS”, on consent.
ITEM 5: ADOPTION OF AN ORDINANCE AMENDING CHAPTERS 14.16 AND 14.20 OF THE
DEL MAR MUNICIPAL CODE RELATED TO PROCEDURES AND ESTABLISHMENT OF PUBLIC AND PRIVATE PROPERTY PARKING ZONES (CLERK’S FILE NO. 401- 4, 401-9, 905-3)
Council adopted Ordinance 1004, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING CHAPTER 14.16 AND 14.20 OF THE
DEL MAR MUNICIPAL CODE AUTHORIZING PROCEDURE AND ESTABLISHING OF PUBLIC AND PRIVATE PROPERTY PARKING ZONES”, which would allow the City to expand parking zones to include public lots and private property contractually permitting the City to provide enforcement, pursuant to its authority under the California Vehicle Code, on consent.
ITEM 6: ACCEPTANCE OF A DONATION FROM THE ROTARY CLUB OF DEL MAR TO PURCHASE AN AUTOMATIC EXTERNAL DEFIBRILLATOR (CLERK’S FILE NO. 201- 16)
City Council Regular Minutes
January 8, 2024
Council accepted a donation of $2,937 from the Rotary Club of Del Mar to purchase an Automatic External Defibrillator; and amended the Fiscal Year 2023-24 Operating and Capital Budget to reflect the donation, on consent. Council expressed appreciation for the donation.
ITEM 7: TASK ORDER WITH PARADIGM MECHANICAL CORPORATION FOR HEATING
VENTILATION AND AIR CONDITIONING SYSTEM REPAIRS AT THE DEL MAR CIVIC CENTER (CLERK’S FILE NO. 406-1)
Council questions focused on the basis for vendor selection. Council approved a $25,250 Task Order with Paradigm Mechanical Corporation (Paradigm) to perform Heating Ventilation and Air Conditioning (HVAC) system repairs at the Del Mar Civic Center; authorized the City Manager to execute the Task Order for Paradigm; and amended the Fiscal Year (FY) 2023-2024 Operating and Capital Budget as described in the Fiscal Impact section of this report, on consent.
ITEM 8: AUTHORIZATION TO ACCEPT 2023 ROY & MARIAN HOLLEMAN FOUNDATION
GRANT FUNDS FOR DEL MAR FIRE HEALTH AND WELLNESS EQUIPMENT (CLERK’S FILE NO. 201-16)
Council accepted $10,000 in grant funds from the Roy & Marian Holleman Foundation for the purchase of needed Del Mar Fire Station health and wellness equipment; authorized the City Manager to sign the required grant agreement and other necessary documents; and amended the Fiscal Year 2023-2024 Operating and Capital Budget as indicated in the Fiscal Impact section of this report, on consent. Council also expressed appreciation for the donation.
PUBLIC HEARING
ITEM 9: ENCROACHMENT PERMIT EP23-094: REQUEST TO PERMIT THE RETENTION AND MAINTENANCE OF PRIVATE VEGETATIVE, STRUCTURAL, AND DRAINAGERELATED ENCROACHMENTS WITHIN A PORTION OF UNIMPROVED PUBLIC RIGHT-OF-WAY (ALLEY) ADJACENT TO 919 KLISH WAY, 1035 KLISH WAY, AND 964 CREST ROAD
APPLICANTS: TANYA YOUNG AND MICHAEL MCMANUS
ADDRESS: 919 KLISH WAY, DEL MAR, CA 92014
APN #: 300-263-20 (CLERK’S FILE NO. 802-1)
City Attorney Leslie Devaney provided an overview of the hearing procedure. Councilmember Worden disclosed that he met with the applicants and their representative Mr. Matthew Peterson, met with Mr.
McNulty, and read the agenda materials. Councilmember Gaasterland met with the applicants and their representative Matthew Peterson, met with Mr. McNulty at his property, walked the easement area/public right of way, and was briefly at the property at the same time as Councilmember Martinez.
Councilmember Martinez met with the applicant and their representative Matthew Peterson, and reviewed the agenda materials. Mayor Druker disclosed he met with Mr. McNulty, viewed the site, and served on the City Council when a prior encroachment permit for the site was issued. Councilmember Quirk disclosed that he met with Mr. McNulty and that he previously met with the applicants and their representative in November 2023.
A presentation was provided by Principal Planner Matt Bator.
City Council Regular Minutes
January 8, 2024
Council questions focused on why the paper alley exists; whether it’s possible for the City to vacate the paper alley; number of paper of alleys in the City limits; location of the power line in the area; status of the separate encroachment permit application for which an initial consideration was held on October 16, 2023, that is currently being held in abeyance; what services are run from the adjacent utility pole; whether the City performs maintenance in the subject paper alley; whether shrubbery can be cut if it encroaches onto private property; invasive Arundo and potential fire hazard; and possible restructuring of the encroachment permit hearing procedure.
Matthew Peterson provided a presentation on behalf of the applicant.
Mayor Druker opened the item to public comment and the following people spoke:
1) John McNulty with a donation of time from Alana McNulty 2) Mary Friestedt
3) Candace Kohl
4) Warren Otto
5) Harvey Chekoway
6) Nicholas Frost
7) Alice Brown
8) Tanya Schneiderman
9) Ann Marie Borman
10) David Borman
11) Lee Andelin with a donation of time from Anastasia Rose Randee Warren, Jeffrey Friestedt, Phyllis Mirsky, Edward Mirsky, Leslie Cady, Michael McManus, Madeline McManus, and Tanya Young filled speaker slips in support of the encroachment permit application but did not wish to speak.
Mayor Druker closed the item to public comment.
Council discussion focused on pittosporum hedge; whether the encroachment permit gives the appearance of private property; consideration to require additional signage as part of the encroachment permit; current height of the pittosporum hedge; and need for access to the alley for neighboring properties and the public.
The Council directed that staff bring back a resolution with findings to support the requested encroachment permit, and include language requiring removal of every other pittosporum shrub and a maximum height of fifteen feet for the pittosporum hedge.
IT WAS MOVED BY COUNCILMEMBER WORDEN TO APPROVE ENCROACHMENT PERMIT EP23- 094 APPLICATION WITH ADDITIONAL CONDITION THAT EVERY OTHER ONE OF THE PITTOSPORUM HEDGES BE REMOVED AND THAT THE HEIGHT LIMIT OF 15 FEET MEASURED
STARTING WHERE TRUNK GOES INTO GROUND, BE SET AND THAT THE STAFF BE ASKED TO
COME BACK WITH A RESOLUTION MEMORIALIZING THAT DECISION REFLECTING THE FINDINGS BASED ON THE DISCUSSION TAKEN PLACE AT THIS COUNCIL MEETING.
DEPUTY MAYOR GAASTERLAND MADE AN AMENDMENT TO THE MOTION THAT HEDGES THAT HAVE RECENTLY BEEN REMOVED BE COUNTED AMONG THE TOTAL TO BE REMOVED.
City Council Regular Minutes
January 8, 2024
COUNCILMEMBER WORDEN APPROVED THE AMENDED MOTION, SECONDED BY DEPUTY MAYOR GAASTERLAND. (VOTE 3-2 WITH MAYOR DRUKER AND COUNCILMEMBER QUIRK OPPOSED.)
Ayes: Deputy Mayor Gaasterland, and Councilmembers Martinez and Worden; Noes: Mayor Druker and Councilmember Quirk; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 10: INTRODUCTION OF AN ORDINANCE REAUTHORIZING TERMS AND CONDITIONS FOR OFF-LEASH DOG HOURS AT THE DEL MAR SHORES PARK (CLERK’S FILE NO. 307-8, 401-4, 1401-10)
City Manager Jones provided a brief presentation and Community Services Director/Lifeguard Chief Jon Edelbrock provided an overview of the regulations. Mayor Druker open and closed the public hearing.
There were no public speakers for the item. The ordinance was introduced on consent.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 7:37 to 7:42 p.m.
CITY COUNCIL OTHER BUSINESS
ITEM 11: DRAFT WORK PLAN FOR UPDATING THE CITY’S PUBLIC TREE POLICY MANUAL,
MUNICIPAL CODE SECTIONS RELATED TO TREE PROTECTION, AND THE TREES, SCENIC VIEWS, AND SUNLIGHT ORDINANCE (CLERK’S FILE NO. 401-4, 401-9, 1403-7)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Principal Planner Bator. Planning and Community Development Director Karen Brindley was available to answer questions.
Council questions and discussion focused on incorporating public outreach and workshops into the process; desire for staff to compile a list of tree, scenic view applications that have gone to City Council over the last 10 years; creation of a database of primary living spaces that have come before the Design Review Board; consideration of issues such as view, fire, greenhouse gas regulation, bugs and disease; consideration to incorporate voluntary compliance options into regulations; relationship to the City’s tree removal permit process; relationship to the Sustainability Advisory Committee and Climate Action Plan (CAP); desire to include guiding principles in process; and consideration to do an urban canopy survey.
There were no public speakers for the item.
Council consensus was to proceed with the work plan as recommended by staff with the inclusion of Council development of guiding principles as part of Phase 1.
ITEM 12: 2024 CITY COUNCIL LOCAL AND REGIONAL APPOINTMENTS (CLERK’S FILE NO. 401-1, 401-5)
An introduction to the item was provided by City Manager Jones. Council consensus was to appointment Terry Gaasterland as a liaison to the Parks and Recreation Committee, replacing Dwight Worden; to appointment Dwight Worden to the 22nd District Agricultural Association – Community Relations Committee replacing Terry Gaasterland; and to appoint Dave Druker to the Fire Governance Board, replacing Dan Quirk.
City Council Regular Minutes
January 8, 2024
IT WAS MOVED BY MAYOR DRUKER, SECONDED BY COUNCILMEMBER WORDEN TO APPOINT COUNCILMEMBER MARTINEZ AS PRIMARY TO NCTD. (VOTE 3-1-1 WITH COUNCILMEMBER MARTINEZ RECUSED AND COUNCILMEMBER QUIRK ABSENT.)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmember Worden; Noes: 0; Recuse:
Councilmember Martinez; Absent: Councilmember Quirk; Abstain: 0.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER WORDEN TO APPOINT MAYOR DRUKER AS ALTERNATE TO NCTD. (VOTE 3-1-1 WITH MAYOR DRUKER RECUSED AND COUNCILMEMBER QUIRK ABSENT.)
Ayes: Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: Mayor Druker; Absent: Councilmember Quirk; Abstain: 0.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the League of California Cities; San Diego Association of Governments Audit Committee (SANDAG); and SANDAG Board of Directors.
ADJOURNMENT
Mayor Druker adjourned the meeting at 7:42 p.m.
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Sarah Krietor, Administrative Services Manager/
City Clerk