CITY OF DEL MAR CITY COUNCIL REGULAR MEETING MINUTES JUNE 18, 2018 City Council Chambers 1050 Camino del Mar, Del Mar California 92014

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1 CITY OF DEL MAR CITY COUNCIL REGULAR MEETING MINUTES JUNE 18, 2018 City Council Chambers 1050 Camino del Mar, Del Mar California 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 or by contacting the Administrative Services Department at (858) CALL TO ORDER Mayor Worden called the Regular Meeting to order at 4:30 p.m. ROLL CALL Present: Absent: Staff Present: Mayor Worden, Deputy Mayor Dave Druker, Council Members, Ellie Haviland, Sherryl Parks and Terry Sinnott None City Manager, Scott Huth, City Attorney, Leslie Devaney, Assistant City Attorney, Barry Schultz, Assistant City Attorney, Randy Risner, Assistant City Manager, Kristen Crane, Director of Administrative Services, Ashley Jones, Public Works Director, Joe Bride, Interim Finance Director/City Treasurer, Monica Molina, Community Services Director/Lifeguard Chief, Jon Edelbrock, Deputy Public Works Director, Mohsen Maali, Principal Planner, Amanda Lee, Principal Planner, Matt Bator, Associate Planner, Evan Langan, and Environmental Sustainability/Special Projects Manager, Clement Brown. PLEDGE OF ALLEGIANCE Mayor Worden led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Larry Brooks, th Street, Del Mar Spoke on behalf of the Del Mar Historical Society and invited the community to come by the Historical Society booth at the Civic Center dedication event on June 30, Al Corti, 2188 Heather Lane, Del Mar Thanked the City Council, past and present, and staff for all of their hard work on the City Hall/Civic Center project. GOVERNING BODY ACTIONS AND COMMENTS Council Member Haviland announced that she and Mayor Worden will meet with representatives from the Del Mar Union School District and residents to help with residents concerns regarding the closure of Del Mar Hills Academy which is part of the Facilities Master Plan. Council Member Sinnott reminded the community that crime is up as a result of the Fair, so to be aware and report anything suspicious to the police department.

2 Page 2 of 9 Mayor Worden agreed with Councilmember Sinnott regarding the increased crime in the community related to the Fair, and he reported that the Torrey Pines Community Planning Group thanked the City for the support in their effort to obtain grant funds. CITY MANAGER S REPORT City Manager Huth provided information about the City Hall dedication event to take place on June 30, 2018, and thanked former Council Member Corti for all of his hard work on the City Hall project, which he continued to work on in a volunteer capacity after he was no longer on the City Council. COMMUNITY ANNOUNCEMENTS AND PRESENTATIONS None. CONSENT CALENDAR Administrative Services Director Jones read the titles and recommendations of Items 1 through 9, and 12 on the Consent Calendar. Item 12 was moved to the Consent Calendar at the request of the City Council after opening and closing the public hearing. Mayor Worden opened Items 1 through 9 to public comment. There being no speakers, Mayor Worden closed the items to public comment. Item 6 was pulled from the Consent Calendar for additional discussion. IT WAS MOVED BY COUNCIL MEMBER DRUKER, SECONDED BY COUNCIL MEMBER SINNOTT TO APPROVE THE CONSENT CALENDAR ITEMS 1-5, 7-9 and 12. (VOTE 5-0 WITH DEPUTY MAYOR DRUKER VOTING NO ON ITEM 3 ONLY.) Ayes: 5; Noes: 1 (Deputy Mayor Druker voted No on Item 3 only); Absent: 0; Abstain: 0 ITEM 1: RATIFICATION OF LIST OF DEMANDS, DATED JUNE 18, 2018 (CLERK S FILE NO ) Council ratified the list of demands, on consent. ITEM 2: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK S FILE NO ) Council waived the reading of ordinances, on consent. ITEM 3: SECOND READING AND ADOPTION OF AN ORDINANCE TO AMEND CHAPTER OF THE DEL MAR MUNICIPAL CODE (DMMC) TO IMPLEMENT TIER 1 BUILDING CODE STANDARDS AS MANDATORY MEASURES FOR NON- RESIDENTIAL CONSTRUCTION (CLERK S FILE NO ; 401-9) Council adopted Ordinance 937, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA AMENDING CHAPTER OF THE DEL MAR MUNICIPAL CODE TO IMPLEMENT VOLUNTARY TIER 1 BUILDING CODE STANDARDS AS MANDATORY MEASURES FOR NON-RESIDENTIAL CON- STRUCTION., on consent. ITEM 4: PROJECTS TO BE FUNDED BY SENATE BILL 1 AND AMENDMENT TO THE FISCAL YEARS AND OPERATING AND CAPITAL BUDGET (CLERK S FILE NO )

3 Page 3 of 9 Council adopted resolution , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ADOPTING A LIST OF PROJECTS TO BE FUNDED BY SENATE BILL 1 AND AMENDING THE FISCAL YEARS AND OPERATING AND CAPITAL BUDGET, on consent. ITEM 5: ACCEPT FUNDING FOR PHASE 3 OF THE RIVER PATH DEL MAR EXTENSION PROJECT (CLERK S FILE NO ;1405-1) Council adopted resolution , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ISSUE A TASK ORDER TO MICHAEL BAKER INTERNATIONAL FOR THE RIVER PATH DEL MAR EXTENSION PROJECT, PHASE 3 AND AMENDING THE FISCAL YEARS AND OPERATING AND CAPITAL BUDGET., on consent. ITEM 6: CONFIRMATION ON PROPOSED CHANGE TO REGULATIONS FOR DOGS ON CITY BEACHES (CLERK S FILE NO ) This item was pulled from the Consent Calendar for additional discussion. A short presentation was provided by Environmental Sustainability/Special Projects Manager, Brown. IT WAS MOVED BY DEPUTY MAYOR DRUKER, SECONDED BY COUNCIL MEMBER HAVILAND TO APPROVE CONFIRMATION ON PROPOSED CHANGE TO REGULATIONS FOR DOGS ON CITY BEACHES (VOTE 5-0) ITEM 7: APPROVAL OF THE THIRD AMENDMENT TO THE AGREEMENT FOR COOPERATIVE FIRE MANAGEMENT SERVICES (CLERK S FILE NO ) Council approved the third amendment to the agreement for Cooperative Fire Management Services, on consent. ITEM 8: APPROVAL OF A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF DEL MAR AND THE DEL MAR CITY EMPLOYEES ASSOCIATION AND AMENDMENT TO THE CITY OF DEL MAR PERSONNEL RULES & REGULATIONS MANUAL (CLERK S FILE NO ; 503-1) Council adopted Resolution , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF DEL MAR AND THE DEL MAR CITY EMPLOYEES ASSOCIATION FOR THE PERIOD JULY 1, 2018 THROUGH JUNE 30, 2022, on consent.

4 Page 4 of 9 ITEM 9: AMENDMENT TO THE CONTRACT WITH THE COUNTY OF SAN DIEGO FOR ADVANCED LIFE SUPPORT FIRST RESPONDER SERVICES IN COUNTY SERVICE AREA 17 (CLERK S FILE NO ) PUBLIC HEARINGS Council approved the Amendment to the Contract with the County of San Diego for Advanced Life Support First Responder Services in County Service Area 17, on consent. ITEM 10: PROPOSED DEL MAR CHARTER AMENDMENT (CLERK S FILE NO ) Mayor Worden opened the public hearing to public comment and the following people spoke: Laura DeMarco, 1810 Oceanfront, Del Mar Spoke in opposition of moving forward with the Charter Amendment, she does not believe it will serve the intended purpose. Mayor Worden closed the public hearing to public comment. ITEM 11: CERTIFICATION OF A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SCH# ) WITH A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTION OF THE 941 CAMINO DEL MAR SPECIFIC PLAN (SP16-001) PROJECT APPLICANT AND PROPERTY OWNER: DM ASSET RECOVERY LP APPLICANT/OWNER S REPRESENTATIVE: KITCHELL DEVELOPMENT COMPANY (DON GLATTHORN) PROJECT LOCATION: 941 CAMINO DEL MAR AND TH STREET (TWO LOTS) ASSESSOR PARCEL NUMBERS (APNS): AND (CLERK S FILE NO ) A presentation was provided by Associate Planner Langan, with some additional information regarding Measure B from the City Attorney Devaney and Assistant City Attorney Schultz (CA Election Code 9222) Council questions focused on the traffic impact analysis and recommended mitigation efforts; coverage of site with and without parking; average daily trips (ADT) for the Garden project vs. 941 project; allowed uses within the project; possible traffic impact mitigation measures; effects of recent court ruling which invalidates Measure B; concerns about the public being properly noticed about what is being considered by the City Council; clarification on habitable Floor Area Ratio (FAR); number of proposed affordable units; Mayor Worden opened the public hearing to public comment and the following people spoke: Hershell Price, 1257 Grand Avenue, Del Mar Spoke in support of the project, asked that the Council consider doing in-lieu parking for the project, and put it to a vote of the people. Pam Slater-Price, 1257 Grand Avenue, Del Mar Spoke in support of the project, and staff s recommendation. Robert Fleet, th Street, Del Mar (owner of Del Mar pizza) - Spoke in support of the project, and staff s recommendation. Jim Watkins, 1552 Camino del Mar, Del Mar (Time donation from Kit Leeger) Spoke in support of the project, and staff s recommendation. Ralph DeMarco, 544 Avenida Primavera, Del Mar Spoke in support of the project. Mayor Worden closed the public hearing to public comment.

5 Page 5 of 9 Council discussion focused on options moving forward; support for putting the specific plan on the ballot for a public vote; support for residential concept; concerns about putting a street light on 11 th Street; levels of affordability for the affordable units; in-lieu parking idea; identifying setbacks and height limits within the specific plan; proposed exceptional public benefits; IT WAS MOVED BY COUNCIL MEMBER SINNOTT, SECONDED BY COUNCIL MEMBER HAVILAND TO ADOPT RESOLUTION , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CERTIFYING A FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SCH No ) AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION, MONITORING AND REPORTING PROGRAM FOR THE 941 CAMINO DEL MAR SPECIFIC PLAN PROJECT LOCATED AT 941 CAMINO DEL MAR AND TH STREET, DEL MAR, CALIFORNIA. (VOTE 5-0) IT WAS MOVED BY COUNCIL MEMBER SINNOTT, SECONDED BY COUNCIL MEMBER HAVILAND TO INTRODUCE PROPOSED ORDINANCE TO REPEAL THE GARDEN DEL MAR SPECIFIC PLAN, AND ADOPT SPECIFIC PLAN SP16-001, SUBJECT TO PUBLIC VOTE UNDER THE ELECTIONS CODE AND INCLUDING THE LANGUAGE READ INTO THE RECORD. (VOTE 5-0) IT WAS MOVED BY COUNCIL MEMBER SINNOTT, SECONDED BY COUNCIL MEMBER HAVILAND TO ADOPT RESOLUTION , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, APPROVING LOCAL COASTAL PROGRAM AMENDMENT LCPA AND GENERAL (COMMUNITY) PLAN AMENDMENT GPA18-001, AND AUTHORIZING SUBMITTAL OF LCPA TO THE CALIFORNIA COASTAL COMMISSION FOR CERTIFICATION, FOR THE 941 CAMINO DEL MAR SPECIFIC PLAN, LOCATED AT 941 CAMINO DEL MAR AND TH STREET, DEL MAR, CALIFORNIA, SUBJECT TO VOTER APPROVAL UNDER THE ELECTION CODE AND INCLUDING LANGUAGE READ INTO THE RECORD. (VOTE 5-0) ITEM 12: INTRODUCTION OF AN ORDINANCE REAUTHORIZING AND READOPTING CHAPTER 6.41 OF THE DEL MAR MUNICIPAL CODE RELATING TO STATE VIDEO SERVICE FRANCHISES AND PUBLIC, EDUCATION AND GOVERNMENT ACCESS FACILITIES (CLERK S FILE NO ; 401-9) Administrative Services Director Jones provided a brief presentation on this item. Mayor Worden opened the item to public comment and there were no speakers. Mayor Worden closed the item to public comment, and it was moved to the Consent Calendar for consideration. ITEM 13: ZONE CODE AMENDMENT ZA INTRODUCTION OF AN ORDINANCE TO AMEND CERTAIN PROVISIONS OF THE DEL MAR MUNICIPAL CODE RELATING TO THE CALCULATION OF FLOOR AREA RATIO FOR PROPERTY LOCATED IN THE SHORELINE PROTECTION AREA (CLERK S FILE NO ; 401-9) A request was made by Matt Peterson, 530 B Street, Suite 1800, San Diego, to continue this item for an additional 30 days to allow staff more time to thoroughly exam what is being proposed.

6 Page 6 of 9 A presentation was provided by Principal Planner Bator. Council questions focused on whether this item needs to be routed to the Planning Commission, which the City Attorney advised that it does not; how projects going through the Design Review Board now would be affected; which properties would be most affected; and whether access easements and rights of way all over the City would be affected if the initiative was passed. Mayor Worden opened the item to public comment and the following people spoke: Matt Peterson, 530 B Street, Suite 1800, San Diego (Representing Sandra Naftzger) Spoke in opposition of the action believing it to be legally flawed. Sandra Naftzger, 2920 Camino del Mar, Del Mar Spoke in opposition of staff s recommendation. Bill Evans, 2050 Ocean Front, Del Mar Spoke in opposition of staff s recommendation. Scott Williams, 750 B Street, Suite 2100, San Diego Spoke in opposition of staff s recommendation. Domenic Drago, 2010 Ocean View Avenue, Del Mar (Representing Natalie Naftzger Davis) Spoke in opposition of staff s recommendation. Taiga Takahashi, High Bluff Drive, San Diego (Presenting 2928 Camino del Mar) Spoke in support of staff s recommendation, and support of the proposed Thompson initiative. Michael Pallamary, 7755 Fay Avenue, Suite J, San Diego (Representing Sandra Naftzger) - Spoke in opposition of proposed ordinance, feels it s not necessary. Jason Kirby, 501 West Broadway, San Diego (Representing L. Borcham, S. Alesia, and K. Mattson) Opposed to the proposed ordinance. Laura DeMarco, 1810 Oceanfront, Del Mar Opposed to the proposed ordinance. Jack Jaeger, th Street, Del Mar (Representing self & Fletcher families) Did not speak. Hershell Price, 1257 Grand Avenue, Del Mar Opposed to the proposed ordinance. Pam Slater-Price, 1257 Grand Avenue, Del Mar Opposed to the proposed ordinance. Jon Corn, 160 Chesterfield Drive, Suite 201, Cardiff (Time donation from Robin Crabtree, Cathie Hays, & Lee Andelin) (Representing Sandra Naftzger, Sandy Lane HOA, Kim Fletcher, Doug Allred, Henrick Jorst, Fred Luddy, and Paul Rhodes) - Opposed to the proposed ordinance. Rick Thompson, 2928 Camino del Mar, Del Mar Spoke in support of proposed ordinance, should have gone to the Planning Commission prior to Council consideration. Mayor Worden closed the item to public comment. Council discussion focused on reaction of affected property owners and concerns about the impacts; effects of expediting the process; lack of contact with out of town residents, ability to properly notice property owners; concerns about complexity of issue and ability to pass as an initiative; and concerns about having the time needed to do a thorough job on this matter. The unanimous consensus of the City Council was to not take action on the proposed ordinance and allow the initiative process to move forward as originally proposed. CITY COUNCIL OTHER BUSINESS ITEM 14: COUNCIL DISCUSSION REGARDING SAN DIEGO COUNTY CANDIDATE STATEMENT FILING FEE (CLERK S FILE NO , ) Administrative Services Director Jones provided a brief presentation on this item. Mayor Worden opened the item to public comment and there were no speakers.

7 Page 7 of 9 The Council consensus was to continue with the existing practice of collecting the County fee and for the City to not do anything to offset the fee. ITEM 15: BUDGET UPDATE AND ADOPTION OF RESOLUTION AMENDING THE FISCAL YEARS AND OPERATING AND CAPITAL BUDGET; RESOLUTION AMENDING THE COMPENSATION PLANS FOR THE MANAGEMENT AND PROFESSIONAL, GENERAL, FIREFIGHTERS, AND MISCELLANEOUS, PART- TIME AND HOURLY EMPLOYEES FOR FISCAL YEAR ; RESOLUTION ESTABLISHING THE FIXED CHARGE ASSESSMENTS FOR BONDED INDEBTEDNESS FOR FISCAL YEAR ; RESOLUTION ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR ; AND RESOLUTION APPROVING THE STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR (CLERK S FILE NO ;202-3) Interim Finance Director/City Treasurer Molina provided a presentation on this item. Mayor Worden opened the item to public comment and the following people spoke: Tom McGreal, 1135 Stratford Court, Del Mar, Finance Committee Chair Spoke in support of the recommended action on behalf of the Finance Committee. Urged Council to be cautious about funding the items on the unfunded list to ensure the City has proper reserves. Laura DeMarco, 544 Avenida Primavera, Del Mar Spoke in support of the recommended action, and cautioned the Council about adding to the City s fixed expenses. Mayor Worden closed the item to public comment. IT WAS MOVED BY COUNCIL MEMBER PARKS, SECONDED BY COUNCIL MEMBER HAVILAND TO ADOPT RESOLUTION , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ADOPTING THE COMPENSATION PLANS FOR THE MANAGEMENT AND PROFESSIONAL, GENERAL, SEASONAL AND FIREFIGHTER EMPLOYEES. (VOTE 5-0) IT WAS MOVED BY COUNCIL MEMBER PARKS, SECONDED BY COUNCIL MEMBER SINNOTT, TO ADOPT RESOLUTION , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING THE FISCAL YEARS AND OPERATING AND CAPITAL BUDGET. (VOTE 5-0) IT WAS MOVED BY COUNCIL MEMBER PARKS, SECONDED BY DEPUTY MAYOR DRUKER TO ADOPT RESOLUTION , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ESTABLISHING THE FIXED CHARGE ASSESSMENTS FOR BONDED INDEBTEDNESS FOR FISCAL YEAR (VOTE 5-0) IT WAS MOVED BY COUNCIL MEMBER PARKS, SECONDED BY DEPUTY MAYOR DRUKER TO ADOPT RESOLUTION , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

8 Page 8 of 9 MAR, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR (VOTE 5-0) IT WAS MOVED BY COUNCIL MEMBER PARKS, SECONDED BY COUNCIL MEMBER HAVILAND TO ADOPT RESOLUTION , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, APPROVING THE STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR , AND DELEGATING THE AUTHORITY TO INVEST CITY FUNDS TO THE TREASURER. (VOTE 5-0) Council asked that staff identify items on unfunded list that are one-time vs. fixed costs when this item comes back to the City Council for discussion on July 2, ITEM 16: UPDATE REGARDING THE AD HOC DEVELOPMENT REVIEW PROCESS CITIZENS ADVISORY COMMITTEE WORK PROGRAM (CLERK S FILE NO ) Principal Planner Bator and Committee Chair Feder provided a presentation on this item. They reviewed committee goals, achievements, and recommendations. Mayor Worden opened the item to public comment and the following people spoke: Tim Haviland, Del Mar (Time donation from John Graybill) Spoke in support of the committee s recommendations. Hershell Price, 1257 Grand Avenue, Del Mar Expressed concern about the committee s recommendations regarding de novo hearings and basements. Mayor Worden closed the item to public comment. Council discussion focused on their appreciation for the hard work of the committee; clarification on some of the recommendations made by the committee; intent of the committee and staff regarding implementation of recommendations moving forward; desire to evaluate in the future once recommendations are fully implemented; benefit of strong Design Review Board members; recommendations regarding bulk and mass and non-conforming uses will be the most difficult to implement; need for more geographic diversity on Design Review Board; and having enhanced Design Review Board member training at the top of the implementation list. Council consensus was to move forward with the committee s recommendations and for staff to come back to the Council within the next 6 months with a proposed work plan. ITEM 17: STATUS REPORT/ DIRECTION ON THE CITY HALL/TOWN HALL PROJECT (Clerk s File No ) A presentation was provided by Assistant City Manager, Crane. Council received the report. ITEM 18: UPDATE ON CONSTRUCTION BUDGET FOR CITY HALL/TOWN HALL (CLERK S FILE NO ) A presentation was provided by Assistant City Manager Crane and Bob Gans from the Finance Committee. Council received the report.

9 Page 9 of 9 COUNCIL PRIORITIES REPORTS Council Member Parks: Reported on Community Connections. Council Members Haviland and Sinnott: Reported on Utility Undergrounding Project Advisory Committee. Deputy Mayor Druker: Reported on upcoming meetings for the Traffic and Parking Advisory Committee and the Business Support Advisory Committee. Mayor Worden: Reported on the Solana/Del Mar North Bluff Ad Hoc committee; San Dieguito River Valley JPA s joint meeting with the River Valley Conservancy; and the Sea-Level Rise Stakeholder- Technical Advisory Committee. ADJOURNMENT Mayor Worden adjourned the meeting at 10:05 p.m. Ashley Jones, Administrative Services Director/City Clerk