CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
JUNE 5, 2023
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 Martinez called the Regular Meeting to order at 4:30 p.m.
ROLL CALL
Present: Mayor Tracy Martinez; Deputy Mayor Dan Quirk; Councilmembers Dave Druker, Terry Gaasterland, and Dwight Worden
CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that there were no recusals or reportable actions for the June 5, 2023, City Council Closed Session meeting.
PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Martinez opened Public Oral Communications and the following person spoke:
1) Shirli Weiss (time donated by John Stahl)
Mayor Martinez closed the item to public comment.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Worden reported on recent median landscape improvements and Summer Solstice event. Mayor Martinez reported on 81st Anniversary of the Midway event.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the recent Budget Workshop meetings and planned presentation of the final budget to the Council on June 19, 2023.
CONSENT CALENDAR
Acting City Clerk, Nestor Machado read the titles of the items included on the Consent Calendar.
City Council Regular Minutes
June 5, 2023
Mayor Martinez opened the Consent Calendar to public comment and the following person spoke on Item 8:
1. Bob Gans (time donated by Ashley Simpkins)
Mayor Martinez closed the item to public comment. Items 12 and 15 were added to the Consent Calendar for consideration.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER WORDEN TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 12 AND 15 (VOTE 5- 0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
ITEM 1: APPROVAL OF MINUTES: MAY 15, 2023 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED JUNE 5, 2023 (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: APPROVAL OF FISCAL YEAR 2023-24 SENATE BILL 1 FUNDING FOR THE CITY’S ANNUAL PAVEMENT REHABILITATION PROJECT (CLERK’S FILE NO. 401-7, 901-5) Council adopted Resolution 2023-16, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017”, on consent.
Councilmember Worden noted that more road improvements are to be done in addition to those being funded by SB 1.
ITEM 5: AGREEMENTS WITH THE DEL MAR VILLAGE ASSOCIATION FOR DESTINATION MARKETING AND ECONOMIC DEVELOPMENT (CLERK’S FILE NO. 406-1, 1202-16) Council approved an Agreement with the Del Mar Village Association (DMVA) for an initial three year term from July 1, 2023, through June 30, 2026, for Destination Marketing; approved an Agreement with the DMVA for an initial three year term from July 1, 2023, through June 30, 2026, for Economic Development Services; and authorized the City Manager to execute the Agreements, on consent.
ITEM 6: AGREEMENT WITH DEL MAR COMMUNITY CONNECTIONS FOR SENIOR SUPPORT SERVICES (CLERK’S FILE NO. 406-1, 1202-15 )
City Council Regular Minutes
June 5, 2023
Council approved an Agreement with Del Mar Community Connections (DMCC) for senior support services for an initial three-year term from July 1, 2023, through June 30, 2026; and authorized the City Manager to execute the Agreement, on consent.
ITEM 7: AGREEMENT WITH THE REGIONAL TASK FORCE ON HOMELESSNESS FOR POINT-IN-TIME COUNT SERVICES (CLERK’S FILE NO. 406-1)
Council approved an Agreement with the Regional Task Force on Homelessness (RTFH) for Point-In-Time Count Services for an initial three-year term from July 1, 2023, through June 30, 2026, and authorized the City Manager to execute the Agreement, on consent.
ITEM 8: FUNDING AND SERVICE AGREEMENT WITH DEL MAR COMMUNITY CONNECTIONS FOR THE DEL MAR RENTAL ASSISTANCE PROGRAM (CLERK’S FILE NO. 406-1, 1202-15)
Council approved a Funding and Service Agreement with Del Mar Community Connections (DMCC) for management and administration of the Del Mar Rental Assistance Program until the Program naturally terminates due to attrition; and authorized the City Manager to execute the Agreement, on consent.
ITEM 9: AGREEMENT WITH CORVEL ENTERPRISE COMP, INC. FOR WORKERS’ COMPENSATION AND CLAIMS ADMINISTRATION SERVICES (CLERK’S FILE NO. 406-1, 502-4)
Council approved a Professional Services Agreement with CorVel Enterprise Comp, Inc. to provide third party workers’ compensation and claims administration services; and authorized the City Manager to execute the Agreement, on consent.
ITEM 10: LAGOON COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5) Council appointed Jeffrey Barnouw to the Lagoon Committee as a voting member to serve a full three-year term starting July 1, 2023, and ending on July 31, 2026, on consent.
ITEM 11: RECOMMENDED COMPENSATION ADJUSTMENT RELATED TO THE CITY MANAGER’S PERFORMANCE EVALUATION (CLERK’S FILE NO. 502-1) Council adopted Resolution 2023-17, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AUTHORIZING COMPENSATION ADJUSTMENT
FOR ASHLEY JONES AS CITY MANAGER FOR THE CITY OF DEL MAR AND
ADOPTING THE AMENDED MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL SALARY SCHEDULE”, effective December 13, 2022 on consent.
PUBLIC HEARING
ITEM 12: ADOPTION OF WATER SHORTAGE CONTINGENCY PLAN AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 21.70 OF THE DEL MAR MUNICIPAL CODE
TO REVISE EMERGENCY WATER MANAGEMENT WATER SHORTAGE RESPONSE LEVELS (CLERK’S FILE NO. 401-4, 401-9, 907-10)
City Council Regular Minutes
June 5, 2023
Mayor Martinez opened and closed the public hearing. There were no public speakers. The item was moved to the consent calendar for approval. City Council adopted the City’s Water Shortage Contingency Plan (WSCP) and authorized future administrative updates via the City Manager; and approved the introduction of an Ordinance amending the Del Mar Municipal Code (DMMC) Chapter 21.70 to revise water shortage responses to align with the six standard water shortage levels as required by the California Water Code.
ITEM 13: INTRODUCTION OF AN ORDINANCE TO AMEND PROSPECTIVE ORDINANCE NO. 982 AND ADOPTION OF A RESOLUTION TO AMEND THE CITY’S LOCAL COASTAL
PROGRAM LAND USE PLAN PURSUANT TO CALIFORNIA COASTAL COMMISSION ACTION ON MAY 10, 2023, APPROVING A CONDITIONAL CERTIFICATION ORDER
WITH REQUIRED MODIFICATIONS (ALL RELATING TO THE PARKING AMENDMENTS UNDER DMMC CHAPTER 30.80 ADOPTED BY THE CITY COUNCIL IN DECEMBER 2021) (CLERK’S FILE NO. 305-1, 401-4, 401-9, 905-3) A presentation was provided by Associate Planner Jennifer Gavin.
Council questions focused on what was included in the parking management plan; inventory of existing public access; inclusion of North Commercial Zone; what is required for parking management plan updates; unexpected parking reduction; exemption for existing non-conforming status; Local Coastal Program (LCP) Land Use Plan amendments for consistency with the parking code; changes as requirement to obtain final certification of the LCP amendment; and no anticipated changes in residential parking.
There were no public speakers for this item.
Council discussion focused on the potential impacts of the proposed changes; ability to amend the changes, if necessary; and benefits to the restaurants and existing businesses.
IT WAS MOVED BY DEPUTY MAYOR QUIRK, SECONDED BY COUNCILMEMBER WORDEN TO
TAKE THE FOLLOWING ACTIONS TO APPROVE CHANGES REQUIRED BY THE CALIFORNIA COASTAL COMMISSION (CCC) AS A CONDITION OF FINAL CERTIFICATION OF THE CITY’S
PARKING-RELATED LOCAL COASTAL PROGRAM AMENDMENT APPLICATION (ZONE CODE AMENDMENT ZA21-001/LOCAL COASTAL PROGRAM AMENDMENT LCPA21-001) INCLUDING:
1) INTRODUCTION OF AN ORDINANCE TO AMEND THE PREVIOUSLY ADOPTED CITY ORDINANCE NO. 982 (SEE ATTACHMENT D FOR ORDINANCE CHANGES IN STRIKEOUTUNDERLINE FORM); AND 2) ADOPTION OF RESOLUTION 2023-18, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DEL MAR, CALIFORNIA, APPROVING THE AMENDMENTS TO THE EXISTING CERTIFIED DEL MAR LOCAL COASTAL PROGRAM (LCP) LAND USE PLAN (LCPA 21-001) AND DIRECTING
STAFF TO SUBMIT THE LOCAL COASTAL PROGRAM AMENDMENT TO THE COASTAL COMMISSION FOR CERTIFICATION”, CONSISTENT WITH THE PARKING REGULATIONS UNDER
THE DEL MAR MUNICIPAL CODE IN ACCORDANCE WITH THE CCC CONDITIONAL APPROVAL LETTER. (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
City Council Regular Minutes
June 5, 2023
ITEM 14: AN ORDINANCE TO REGULATE TWO UNIT RESIDENTIAL DEVELOPMENT AND
URBAN LOT SPLIT PROJECTS IN ACCORDANCE WITH CALIFORNIA SENATE BILL 9 (SB 9) (CLERK’S FILE NO. 305-1, 401-4, 401-7, 401-9)
A presentation was provided by Principal Planner Matt Bator.
Council questions focused on compatible design; applicability with the Design Review Ordinance; standards for grading outside footprint; corner lot regulations and design guidelines; Senate Bill (SB) 9 requirements for vehicle access and parking; encroachment regulations for setbacks; assurance for duplex not being used as one large unit; consideration requesting additional parking spaces; clarification on setback regulations; restrictions related to street parking for SB 9 residents; objective standards related to view protection; addition of design compatibility language; incentives to use SB 9; one APN for the split lot; inclusionary housing ordinance update; and likelihood of an affordability component being supported by Coastal Commission.
Council questions further focused on type of application; staff’s discretion at approving projects; whether administrative decision is appealable; notification of SB 9 projects to the neighbors; internal planning staff process; offsite improvement requirements; story qualification anything five feet and above; clarification of SB 9 eligible lot locations; basements were precluded; requirement for homeowner to live in one of the units for at least three years; possible lot configurations; and requirement for one of the primary units to be designated as affordable unit.
Mayor Martinez noted her preference to omit skylights; include a standard for allowable patio locations; and increase required parking spaces to two per unit.
Additional Council questions focused on acceptable front setback permanent improvements; SB 9 units ability to be counted towards the City’s Regional Housing Needs Assessment (RHNA) allocations; noise regulations; requirement for all ground mounted mechanical equipment to be completely shielded to eliminate noise and screened from view of an adjacent property; and trash collection management.
Mayor Martinez opened the item to public comment and the following people spoke:
1. Dolores Davies Jamison
2. Richard Jamison
Mayor Martinez closed the item to public comment.
Council discussion focused on tree removal process; and concerns with requiring replacement of all trees.
Staff read into the record revisions to Section 3 of the Ordinance related to objective design standards by adding: row B-10 related to new unit to be designed and constructed to match an existing one; row B12 related to FAR and lot coverage; row B-11 related to exterior architectural style and materials; row B13 related to permissible patio locations; row B-14 related to preserving public scenic views identified in the City’s certified Local Coastal Program; row H 6 requiring skylights to be tinted ; and modifying Section 14 of the Ordinance related to the Ordinance’s effectiveness date following LCPA certification by the Coastal Commission.
Councilmember Gaasterland inquired about doing a parking study; the minimum lot frontage requirements; and recourse to ensure compliance with SB 9 ordinance.
City Council Regular Minutes
June 5, 2023
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER DRUKER
TO APPROVE THE INTRODUCTION OF AN ORDINANCE ADDING DEL MAR MUNICIPAL CODE (DMMC) CHAPTERS 30.93, 24.66, 23.07; AMENDING DMMC CHAPTERS 30.75, 30.10, 30.11, 30.12,
30.13, 30.14, AND 30.15; AND ADOPTING A LOCAL COASTAL PROGRAM AMENDMENT TO
ESTABLISH PROCEDURES, OBJECTIVE DEVELOPMENT STANDARDS, AND OBJECTIVE
DESIGN STANDARDS TO REGULATE TWO UNIT RESIDENTIAL DEVELOPMENT AND URBAN LOT SPLIT PROJECTS IN ACCORDANCE WITH CALIFORNIA SENATE BILL 9 (SB 9), INCLUDING REVISIONS TO THE ORDINANCE REQUESTED BY COUNCIL. (VOTE 5-0) Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
CITY COUNCIL OTHER BUSINESS
ITEM 15: BUILDING ELECTRIFICATION ORDINANCE UPDATE & PROPOSED SUSTAINABILITY ADVISORY COMMITTEE WORK PLAN AMENDMENT (CLERK’S FILE NO. 401-4, 401-5, 1001-3)
The item was moved to the consent calendar for approval. There were no public speakers. Council approved placing development of a building electrification ordinance on hold until there is more clarity on the impacts of a recent State Court ruling regarding building electrification; and authorized staff to work with the Sustainability Advisory Committee (SAC) on the development of a Balloon Ban Ordinance in the interim.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the Del Mar Railroad Committee; SANDAG Shoreline Preservation Working Group; San Diego Association of Governments Board (SANDAG); and Housing Subcommittee.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 8:17 p.m.
Nestor Machado, Acting City Clerk