ROLL CALL Mayor Sinnott, Deputy Mayor Dwight Worden, Councilmembers Dave Druker, Ellie Haviland and Sherryl Parks

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1 CITY OF DEL MAR CITY COUNCIL REGULAR MEETING ACTION MINUTES JUNE 5, 2017 City Council Chambers 2010 Jimmy Durante Blvd., Suite 100, 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 Sinnott called the Regular Meeting to order at 6:00 p.m. ROLL CALL Present: Staff Members Present: Mayor Sinnott, Deputy Mayor Dwight Worden, Councilmembers Dave Druker, Ellie Haviland and Sherryl Parks City Manager Scott Huth, City Attorney Leslie Devaney, Director of Administrative Services Ashley Jones, Public Works Director Eric Minicilli, Senior Management Analyst, Rachel Beld, Director of Community Development & Planning, Kathy Garcia PLEDGE OF ALLEGIANCE Mayor Sinnott led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS None. GOVERNING BODY ACTIONS AND COMMENT Deputy Mayor Worden reported on a Memorandum of Understanding that is being circulated for support pertaining to green offshore-protected areas, provided a summary of information he received at a recent SANDAG Shoreline Working Group meeting, and he noted that the Cannabis Festival at the Fairgrounds has been cancelled. Councilmember Parks reminded the public that Waste Management will pick up bulky items for free. More information is available on the Waste Management website. CITY MANAGER S REPORT City Manager Huth announced that a community outreach workshop for the public will be held on June 14, 2017, at 6:30 p.m. regarding the Downtown Streetscape Project. COMMUNITY ANNOUNCEMENTS AND PRESENTATIONS ITEM 1: PRESENTATION REGARDING THE 2017 SAN DIEGO COUNTY FAIR AND UPDATE ON 22 ND DISTRICT AGRICULTURAL ASSOCIATION ACTIVITIES (CLERK S FILE NO )

2 Page 2 of 8 A representative from the San Diego County Fairgrounds provided details about this year s fair event, which began on June 2, 2017, and will go through July 4, CONSENT CALENDAR Administrative Services Director Jones read the titles and recommendations of Items 3 through 10 on the Consent Calendar. Mayor Sinnott opened Items 2 through 13 to public comment. There being no speakers, Mayor Sinnott closed the items to public comment. Councilmember Druker recused himself from voting on Item 8 due to the proximity of his residence to the subject address. IT WAS MOVED BY DEPUTY MAYOR WORDEN, SECONDED BY COUNCILMEMBER HAVILAND TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 7 AND 9 THROUGH 13. (Vote 5-0) Ayes: Mayor Sinnott, Deputy Mayor Worden, Councilmembers Druker, Haviland and Parks ITEM 2: ITEM 3: APPROVAL OF MINUTES OF THE REGULAR MEETING, APRIL 17, 2017, (CLERK S MINUTE BOOK) RATIFICATION OF LIST OF DEMANDS, DATED JUNE 5, 2017 (CLERK S FILE NO ) ITEM 4: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK S FILE NO ) ITEM 5: ITEM 6: ITEM 7: ITEM 9: ITEM 10: ITEM 11: ITEM 12: CITY COUNCIL MEETING CANCELLATION AND PROPOSED CLOSURE OF CITY HALL AND PUBLIC WORKS BUSINESS OFFICE ON JULY 3, 2017 (CLERK S FILE NO ) CLEAN WATER PROGRAM SERVICES CONTRACT EXTENSION WITH MIKHAIL OGAWA ENGINEERING (CLERK S FILE NO ) AUTHORIZATION TO EXTEND CONTRACT WITH WHITE NELSON DIEHL EVANS LLP FOR AUDIT SERVICES (CLERK S FILE NO ) LETTER OF SUPPORT FOR SDG&E TL674 DEL MAR RECONFIGURE AND TL666 REMOVAL (CLERK S FILE NO ) APPROVAL OF A LEASE WITH DE LAGE LANDEN FINANCIAL SERVICES, INC. AND A MAINTENANCE AGREEMENT WITH SIGNA DIGITAL SOLUTIONS FOR A NEW CANON COPIER (CLERK S FILE NO ) APPOINTMENTS TO THE PARKS AND RECREATION COMMITTEE (CLERK S FILE NO ) APPOINTMENTS TO THE BUSINESS SUPPORT ADVISORY (CLERK S FILE NO )

3 Page 3 of 8 ITEM 13: STATUS REPORT/DIRECTION OF THE CITY HALL/TOWN HALL PROJECT (CLERK S FILE NO ) This is a standing item for the Council Subcommittees and staff to provide updates, status reports, or other information of the City Hall/Town Hall Project for City Council discussion and direction. City Council Subcommittee Assignments for the City Hall/Town Hall Project: Subcommittees Design/Construction Plan Changes Cost and Financing Sustainability Features* Community Outreach/Neighbor Relations *Selection process for solar panels, chargers for electric bikes and vehicles Council Assignments Al Corti (Council Appointed)/ Sherryl Parks Terry Sinnott/Finance Committee Dwight Worden Sherryl Parks/ Dwight Worden IT WAS MOVED BY DEPUTY MAYOR WORDEN, SECONDED BY COUNCILMEMBER HAVILAND TO APPROVE THE CONSENT CALENDAR ITEM 8. (Vote 4-0) Councilmember Druker recused himself from voting on Item 8 due to the proximity of his residence to the subject address Ayes: Mayor Sinnott, Deputy Mayor Worden, Councilmembers Haviland and Parks Abstain: Councilmember Druker ITEM 8: PARCEL MAP PM FOR PARCEL MAP FOR TPM16-001, ALLOWING THE CONVERSION OF AN EXISTING RESIDENTIAL DUPLEX TO CONDOMINIUM OWNERSHIP VIII. COMMISSION AND COMMITTEE INTERVIEWS ITEM 14: DESIGN REVIEW BOARD INTERVIEWS AND APPOINTMENTS (CLERK S FILE NO ) The City Council interviewed applicants for both voting and non-voting appointments to the Design Review Board. Terry Gaasterland and Ed Yuskiewicz were appointed to fill the two voting member vacancies, and Jianshan Liang was appointed to fill the ex-officio, non-voting vacancy. IX. PUBLIC HEARING ITEM 15: CONTINUED FROM MAY 15, 2017: ENCROACHMENT PERMIT EP REQUEST TO CONSTRUCT A PEDESTRIAN WALKWAY/SIDEWALK, PERFORM FILL GRADING, AND PLANT VEGETATION ASSOCIATED WITH THE DEVELOPMENT OF A NEW SINGLE-FAMILY RESIDENCE WITHIN THE PUBLIC RIGHT-OF-WAY ADJACENT TO 1525 LUNETA DRIVE (APN #: ). APPLICANT: HERITAGE WEST DEVELOPMENT CO. (HOWARD GAD) (CLERK S FILE NO ) A presentation was provided by Senior Planner Matt Bator. The discussion between the City Council and Senior Planner Bator focused on location of the path in the public right-of-way, view impacts, maintenance responsibility, ADA compliance, review and

4 Page 4 of 8 approval by Design Review Board (DRB), and community use and access to the walkway, and access to the home. Howard Gad, 1828 Coast Blvd., spoke on behalf of the applicant. Mr. Gad explained that the pad for the property is being lowered; the proposed second story was removed; the stairs are necessary for access the home and make the design work; the public pathway provides a good solution and compromise for everyone; and, the landscape pallet is geared to matching the natural surroundings. Mayor Sinnott opened Item 15 to public comment and seeing there were no speakers, Mayor Sinnott closed Item 15 to public comment. After discussion, the following motion was made: IT WAS MOVED BY COUNCILMEMBER PARKS, SECONDED BY COUNCILMEMBER HAVILAND TO DENY ENCROACHMENT PERMIT EP REQUEST TO CONSTRUCT A PEDESTRIAN WALKWAY/SIDEWALK, PERFORM FILL GRADING, AND PLANT VEGETATION ASSOCIATED WITH THE DEVELOPMENT OF A NEW SINGLE-FAMILY RESIDENCE WITHIN THE PUBLIC RIGHT- OF-WAY ADJACENT TO 1525 LUNETA DRIVE (APN #: ) BASED ON: FINDINGS FOR ITEM 4 CANNOT BE MADE IN THAT THE PROJECT IS INCONSISTENT WITH THE NEIGHBORHOOD CHARACTER IN TERMS OF BULK, THE AMOUNT OF HARSCAPE, AND THE INTRODUCTION OF A PEDESTRIAN WALKWAY/SIDEWALK FINDINGS FOR ITEM 6 CANNOT BE MADE IN THAT IT WOULD GIVE THE APPEARANCE OF CONVERTING A DISPROPORTIONATE AMOUNT PUBLIC RIGHT-OF-WAY FOR PUBLIC USE. (Vote 5-0) Ayes: Mayor Sinnott, Deputy Mayor Worden, Councilmembers Druker, Haviland and Parks ITEM 18: INITIAL CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION S REVIEW AND DETERMINATION REGARDING TREES, SCENIC VIEWS AND SUNLIGHT APPLICATION TVS16-001, THAT VEGETATION LOCATED ALONG THE NORTHERN PROPERTY BOUNDARY 110 STRATFORD COURT DOES NOT CREATE ON UNREASONABLE OBSTRUCTION OF SCENIC VIEWS FROM THE PRIMARY LIVING AREA AT 116 SPINNAKER COURT. APPLICANT/APPELLANT: SHIRLI WEISS (116 SPINNAKER COURT) TREE/VEGETATION OWNERS: TORREY PACIFIC CORPORATION (110 STRATFORD COURT) (CLERK S FILE NO ) A staff presentation was provided by Senior Planner Matt Bator. Disclosures: Deputy Mayor Worden stated he met with Mrs. Weiss to view the Property. Councilmember Druker stated talked with Mrs. Weiss and originally heard this matter in Councilmember Haviland stated she met with Mrs. Weiss to view the property. Mayor Sinnott invited the appellants to speak. Shirli Weiss, 116 Spinnaker Court, Del Mar, spoke as the applicant/appellant in this matter and requested that the Council set the matter for De Novo hearing as she currently has no recourse. Chris Garrett, High Bluff Drive, San Diego, CA representing Torrey Pacific Corporation, spoke on behalf of the Staver Family and urged the Council to uphold the Planning Commission s decision on this matter.

5 Page 5 of 8 At least two members of the City Council indicated interest in setting this item for a De Novo hearing, so the matter will be set for De Novo hearing at a future meeting. ITEM 16: PUBLIC HEARING REGARDING ESTABLISHING RATES FOR SOLID WASTE AND DIVERSION SERVICES EFFECTIVE JULY 1, 2017, AND ESTABLISHING A METHOD OF ANNUAL ADJUSTMENTS (CLERK S FILE NO ) City Manager Huth indicated that the City did receive a letter of protest from one property owner representing two properties in the City. The staff report for this item was provided by Senior Analyst Rachel Beld. Mayor Sinnott opened Item 16 to public comment and seeing there were no speakers, Mayor Sinnott closed Item 16 to public comment. IT WAS MOVED BY DEPUTY MAYOR WORDEN AND SECONDED BY COUNCIL MEMBER DRUKER TO APPROVE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, SETTING THE RATES AND ANNUAL ADJUSTMENT METHODS FOR SOLID WASTE AND DIVERSION SERVICES. (Vote 5-0) ITEM 20: AUTHORIZATION TO PROCEED WITH A COMMUNITY CHOICE ENERGY TECHNICAL FEASIBILITY STUDY (CLERK S FILE NO ) A short presentation was provided by Assistant City Manager Kristen Crane, which was followed by a presentation on Community Choice Energy by Daniela Battaglioli. Councilmember Druker inquired of Ms. Battaglioli as to whether she believed the exit fee issue would be resolved by the time the feasibility study is complete. Ms. Battaglioli advised that she thought that was unlikely. Mayor Sinnott opened Item 20 to public comment and the following people spoke in support of this item: Patti Larchet, 477 Marview Drive, Solana Beach, CA representing the Climate Action Campaign Board Nicole Capretz, representing the Climate Action Campaign James Wong, 1309 Winsor Road, Cardiff, CA Allie Omens, 1205 Stratford Court, Del Mar representing the Sierra Club Ann Feeney, 524 Rimini Road, Del Mar, representing Sustainability Advisory Board Mary Young, 807 N. Rios Avenue, Solana Beach, CA Bruce Bekkar, 127 Spinnaker Court, Del Mar Mayor Sinnott closed Item 20 to public comment. After discussion, Councilmembers stated their support of this item and thanked everyone who participated in this effort. Mayor Sinnott encouraged Council to move forward with the feasibility study but would like a comprehensive response from SDG&E about the issue being evaluated. Mayor Sinnott wanted to make sure the message today is that Council is not adopting a Community Choice Energy program but is just starting to consider the feasibility for Del Mar.

6 Page 6 of 8 IT WAS MOVED BY DEPUTY MAYOR WORDEN AND SECONDED BY COUNCIL MEMBER DRUKER TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A COST SHARE AGREEMENT WITH OTHER NORTH COASTAL SAN DIEGO COUNTY CITIES TO PREPARE A COMMUNITY CHOICE ENERGY TECHNICAL FEASIBILITY STUDY AND ALLOCATE FUNDING FOR THE CITY OF DEL MAR PORTION OF THE STUDY AND ADMINISTRATIVE COSTS IN THE AMOUNT NOT-TO-EXCEED $35,000. (Vote 5-0) ITEM 22: DOWNTOWN STREETSCAPE PROJECT UPDATE (CLERK S FILE NO ) A presentation was provided by Assistant City Manager Crane. Councilmember Parks asked for clarification between this proposal, and streetscape light as proposed by the DMVA. Assistant City Manager Crane explained that the items included on streetscape light was the concept of doing some downtown sprucing up in preparation for the upcoming Breeder s Cup. Mayor Sinnott opened Item 22 to public comment and the following person spoke: Richard Earnest, 1405 Ocean Avenue, Del Mar representing the Del Mar Visitor s Association, spoke in support of the Downtown Streetscape project. Mayor Sinnott closed Item 22 to public comment. Discussion between the City Council and staff included the following: Staying away from the lighting issue for now. Moving forward with the landscape work. History of what has occurred as to date on this project Going back out to the community for more feedback before proceeding. Separate out the items that are on the sprucing up list. Focus on the pedestrian safety items, landscaping, and conduit for future items such as lighting. Moving forward with the planned workshops and come back to the City Council with some conceptual plans for consideration. IT WAS MOVED BY DEPUTY MAYOR WORDEN AND SECONDED BY COUNCIL MEMBER HAVILAND TO DIRECT STAFF THAT IT IS IMPORTANT TO GET ON-THE-GROUND IMPROVEMENT IN 2018 WITHIN THE SCOPE OF: 1) THE EXISTING CURB LINES; 2) INCLUDE AS MANY AS POSSIBLE OF THE HAVE TO DO AND NICE TO DO LIST TO TAKE TO COMMUNITY WORKSHOPS; 3) IMPLEMENT AS MANY ITEMS AS SEEM FEASIBLE AND ARE SUPPORTED IN THE WORKSHOPS IN 2018; 4) COMMIT TO DEVELOPMENT OF A LONGER TERM PLAN FOR THE ADDITIONAL POTENTIAL STREETSCAPE IMPROVEMENTS SUCH AS STREET FURNITURE, LIGHTING, PARKING CHANGES, BIKE LAND DIVISIONS AND ANY OF THE ITEMS THAT WERE CONTROVERSIAL AT THE WORKSHOPS; 5) RESULT WOULD BE UPDATED VERSION REFLECTED IN CONCEPT PLANS THAT CAN BE AMENDED INTO 1996 STREETSCAPE PLAN; AND, 6) DESIGNATING COUNCILMEMBERS DRUKER AND HAVILAND TO ASSIST STAFF WITH THIS PROCESS. (Vote 5-0)

7 Page 7 of 8 ITEM 17: BREEDERS CUP ART OF THE HORSE INSTALLATIONS (CLERK S FILE NO ) A presentation was provided by Senior Management Analyst Rachel Beld and Management Analyst Shaun McMahon. Mayor Sinnott opened Item 17 to public comment and seeing no speakers, he closed Item 17 to public comment. IT WAS MOVED BY DEPUTY MAYOR WORDEN AND SECONDED BY COUNCIL MEMBER DRUKER TO APPROVE STAFF S RECOMMENDATION RELATED TO THE PROPOSED BREEDERS CUP ART OF THE HORSE SCULPTURE PLACEMENTS; APPROVAL OF THE RELATED ENCROACHMENT PERMIT; AND APPROVAL OF THE TEMPORARY LOCATION FOR THE DONATED HORSE SCULPTURE IN SEAGROVE PARK WITH THE STIPULATION THAT THE TEMPORARY HORSE SCULPTURE LOCATED AT SEAGROVE BE REMOVED THE WEEK FOLLOWING THE END OF THE BREEDERS CUP RACE. (Vote 5-0) ITEM 19: ZONE CODE AMENDMENT ZA15-001/LOCAL COASTAL PROGRAM AMENDMENT LCPA INTRODUCTION OF ORDINANCE TO AMEND PROSPECTIVE PARKING ORDINANCE NO. 924 PURSUANT TO COASTAL COMMISSION ACTION MAY 11, 2017 (CLERK S FILE NO ) A presentation was provided by Senior Planner Amanda Lee. IT WAS MOVED BY DEPUTY MAYOR WORDEN AND SECONDED BY COUNCIL MEMBER PARKS TO APPROVE ORDINANCE NO. 928 OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING CHAPTER RELATED TO PARKING BY REVISING SECTIONS , , , AND AS ADOPTED BY PROSPECTIVE ORDINANCE NO. 924 IN ORDER TO OBTAIN FINAL CERTIFICATION OF THE SUBMITTED LOCAL COASTAL PROGRAM AMENDMENT APPLICATION IN-PROCESS PURSUANT TO THE CONDITIONAL CERTIFICATION ACTION TAKEN BY THE CALIFORNIA COASTAL COMMISSION ON MAY 11, (Vote 5-0) ITEM 21: REVIEW AND FINALIZE THE CITY COUNCIL S FISCAL YEAR PRIORITY PROJECTS (CLERK S FILE NO ) A presentation was provided by Assistant City Manager Crane. Councilmember Parks clarified the proposed staff positions. Councilmember Drucker indicated that the priorities list is too ambitious and does not account for or allow capacity for unanticipated items. He indicated that he would like to scale back the priorities list.

8 Page 8 of 8 Mayor Sinnott opened Item 21 to public comment and seeing no speakers, he closed Item 21 to public comment. The Council indicated that they were in general agreement with pending priorities. As part of the next budget discussion, they asked staff to be prepared to fully address the concerns expressed by the Finance Committee, provide more information about the proposed Public Information Officer, and to provide budget option with and without the proposed staffing positions for consideration. ITEM 23: REVIEW AND DISCUSS THE STRUCTURE FOR THE SPECIAL COUNCIL WORKSHOP ON LAW ENFORCEMENT STUDY ON JULY 10, 2017 (CLERK S FILE NO ; ; ) A presentation was provided by City Manager Huth. Council discussed conducting a workshop on the law enforcement study and requested that staff include a current or past city manager from a city that has their own police department, and a representative from a City that had their own police department then decided to contract out for the services, on the panel. ITEM 24: COUNCIL PRIORITIES REPORTS Director of Community Development & Planning Garcia discussed a Red Dot letter that was submitted by Mayor Sinnott and Councilmember Haviland identifying the need for clarification to the letter sent to the Coastal Commission regarding the San Diego Double Track (SDDT) project in order to clarify City support for the SDDT project and the desire to work with the San Dieguito River Park JPA, SANDAG, and the Fairgrounds on the alignment of the Coast to Crest Trail. IT WAS MOVED BY COUNCILMEMBER PARKS AND SECONDED BY DEPUTY MAYOR WORDEN TO APPROVE THE RED DOT LETTER AS WRITTEN TO THE CALIFORNIA COASTAL COMMISSION CLARIFYING THE CITY COUNCIL S POSITION REGARDING CONSISTENCY CERTIFICATION CC , ITEM W14A. (Vote 5-0) ADJOURNMENT Mayor Sinnott adjourned the meeting at 11:48 p.m. Ashley Jones, Administrative Services Director/City Clerk