CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
JUNE 19, 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 19, 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 Allan Bergman spoke. Martinez closed Public Oral Communications.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Worden congratulated Michael Leaderman on being recognized as Del Mar Community Connections’ volunteer of the year; reported on the passing of long-time community member Ira Sharp; and recent Coastal Commission webinar on the California Coastal Act and Senate Bill (SB) 9. Mayor Martinez commented on Ira Sharp’s impact on the community and reported on Congressman Mike Levin hosting his 100th townhall meeting in Del Mar. Councilmember Druker reported on Congressman Levin seeking funding for the City to upgrade its storm drain system. Councilmember Gaasterland congratulated all the 2023 graduates.
CITY MANAGER’S REPORT
City Manager Ashley Jones introduced Community Services Director/Lifeguard Chief Jon Edelbrock to report on summer beach activities. Community Services Director/Lifeguard Chief Edelbrock reported on seasonal beach and park rule changes, special events, and electronic bikes. City Manager Jones and City Council Regular Minutes
June 19, 2023
Community Services Director/Lifeguard Chief Edelbrock answered City Council questions regarding ebike regulations and licensing requirements.
CONSENT CALENDAR
Acting City Clerk Nestor Machado read the titles of the items included on the Consent Calendar.
There were no public speakers for the consent calendar items.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY COUNCILMEMBER WORDEN TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 12 WITH AN AMENDMENT TO ITEM 1 PER STAFF RED DOT. (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: JUNE 5, 2023 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, as amended by the staff red dot, on consent.
ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED JUNE 19, 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: SECOND READING AND ADOPTION OF 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)
Council adopted Ordinance 996, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ADOPTING NEW CHAPTERS 30.93, 24.66, 23.07; AMENDING CHAPTERS 30.75, 30.10, 30.11, 30.12, 30.13, 30.14, AND 30.15 OF THE CITY OF DEL MAR MUNICIPAL CODE, AND LOCAL COASTAL AMENDMENT (ZA22- 003/A22-001/LCPA22-003) ESTABLISHING THE PROCEDURES AND OBJECTIVE
STANDARDS FOR THE DEVELOPMENT OF TWO UNIT RESIDENTIAL
DEVELOPMENT AND URBAN LOT SPLITS ON SINGLE DWELLING ZONED PROPERTIES IN ACCORDANCE WITH SENATE BILL 9”, on consent.
Councilmember Worden reported on red dot questions answered by staff.
ITEM 5: SECOND READING AND ADOPTION OF AN ORDINANCE TO AMEND PROSPECTIVE ORDINANCE NO. 982 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) City Council Regular Minutes
June 19, 2023
Council adopted Ordinance 997, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AMENDING REGULATIONS GOVERNING
REQUIRED OFF-STREET PARKING AS ADOPTED BY PROSPECTIVE ORDINANCE NO. 982 PURSUANT TO THE CONDITIONAL CERTIFICATION ACTION TAKEN BY THE CALIFORNIA COASTAL COMMISSION ON MAY 10, 2023 IN ORDER TO OBTAIN
FINAL CERTIFICATION OF THE SUBMITTED LOCAL COASTAL PROGRAM AMENDMENT APPLICATION”, on consent.
ITEM 6: SECOND READING AND ADOPTION 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)
Council adopted Ordinance 998, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AMENDING DEL MAR MUNICIPAL CODE CHAPTER
21.70 TO REVISE EMERGENCY WATER MANAGEMENT WATER SHORTAGE STAGES”, to align with the six standard water shortage levels as required by the California Water Code, on consent.
ITEM 7: AGREEMENT WITH CLAIMS MANAGEMENT ASSOCIATES, INC. FOR GENERAL LIABILITY CLAIMS MANAGEMENT SERVICES (CLERK’S FILE NO. 406-1) Council approved a Professional Services Agreement with Claims Management Associates, Inc. to provide general liability claims management and third-party adjustment services; and authorized the City Manager to execute the Agreement, on consent.
ITEM 8: SECOND AMENDMENT TO AGREEMENT WITH CLIFTONLARSONALLEN LLP FOR PROFESSIONAL AUDIT SERVICES (CLERK’S FILE NO. 406-1 )
Council approved the Second Amendment to the Agreement (Agreement) between the City of Del Mar and CliftonLarsonAllen LLP for professional auditing services, extending the Agreement for an additional two-year period ending June 30, 2025; and authorized the City Manager to execute the Second Amendment, on consent.
ITEM 9: AGREEMENT FOR AS-NEEDED PUBLIC INFORMATION, COMMUNICATION, AND OUTREACH SERVICES (CLERK’S FILE NO. 406-1, 1201-6)
Council approved a professional services agreement with Adam Kaye Communications to provide as-needed public information, communication, and outreach services for an initial three-year period effective July 1, 2023, through June 30, 2026; and authorize the City Manager to execute the agreement, on consent.
Councilmember Worden commented on improved City communications with the community.
ITEM 10: APPROVAL OF LEASE AND MAINTENANCE AGREEMENTS WITH CANON USA, INC. C/O SIGNA DIGITAL SOLUTIONS, INC. FOR A NEW CANON MULTI-FUNCTION DEVICE (CLERK’S FILE NO. 406-1)
City Council Regular Minutes
June 19, 2023
Council authorized the City Manager to execute a sixty (60) month lease and maintenance agreement with Canon USA, Inc. C/O Signa Digital Solutions, Inc. for a new Canon Color Multi-function Device (MFD) for City Hall, on consent.
ITEM 11: RESOLUTION ACCEPTING STATE-MANDATED ANNUAL FIRE INSPECTIONS REPORT (CLERK’S FILE NO. 1101-8)
Council adopted Resolution 2023-19, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA ACKNOWLEDGING RECEIPT OF A REPORT MADE
BY THE FIRE CHIEF OF THE DEL MAR FIRE DEPARTMENT REGARDING THE
INSPECTION OF CERTAIN OCCUPANCIES REQUIRED TO PERFORM ANNUAL INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE” and in conjunction with Senate Bill (SB) 1205, on consent.
ITEM 12: ADOPTION OF A RESOLUTION TO FIND AND ACCEPT THAT THE STATE
DEPARTMENT OF HOUSING AND COMMUNITY DEPARTMENT (HCD)
ADMINISTRATIVE EDIT TO HOUSING PROGRAM 3B (AFFORDABLE HOUSING ON
PUBLIC SITES) IS CONSISTENT WITH THE PREVIOUSLY ADOPTED CITY COUNCIL RESOLUTION AND RESULTS IN FINAL CERTIFICATION OF THE CITY’S 6TH CYCLE HOUSING ELEMENT (CLERK’S FILE NO. 304-7)
Council adopted Resolution 2023-20, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, TO FIND THAT THE CITY’S AGREEMENT TO
INCORPORATE THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CLARIFYING “TECHNICAL MODIFICATION” TO THE ADOPTED 6TH CYCLE HOUSING ELEMENT PROGRAM 3B (AFFORDABLE HOUSING ON PUBLIC
SITES) IS CONSISTENT WITH PREVOUSLY ADOPTED COUNCIL RESOLUTION 2023-12”, which resulted in HCD determining that the City’s Housing Element is in “substantial compliance” with State Housing Element Law, on consent.
COMMISSION AND COMMITTEE INTERVIEWS
ITEM 13: PLANNING COMMISSION INTERVIEWS AND APPOINTMENTS (CLERK’S FILE NO. 401-5)
Acting City Clerk Nestor Machado provided an overview of the Planning Commission interview and appointment process. The City Council interviewed three applicants including Jas Grewal, John Spelich, and Ajit Venkatraman.
The Council voted to appoint Jas Grewal to the Planning Commission with a vote of 4–1 with Councilmember Worden opposed. Council unanimously voted for John Spelich to be appointed to the Planning Commission. Jas Grewal and John Spelich will be voting members on the Planning Commission for full four-year terms beginning July 1, 2023, and ending on July 31, 2027.
ITEM 14: DESIGN REVIEW BOARD INTERVIEWS AND APPOINTMENT (CLERK’S FILE NO. 401-5)
City Council Regular Minutes
June 19, 2023
Acting City Clerk Nestor Machado provided an overview of the Design Review Board interview and appointment process. The City Council interviewed two applicants including Linda Judd and Ajit Venkatraman.
Council unanimously voted to appoint Linda Judd to serve as a voting member on the Design Review Board for a full four-year term effective July 2, 2023 and expiring on July 31, 2027.
CITY COUNCIL OTHER BUSINESS
ITEM 15: ADOPTION OF THE FISCAL YEARS 2023-2024 AND 2024-2025 OPERATING AND CAPITAL BUDGET AND RELATED BUDGET RESOLUTIONS (CLERK’S FILE NO. 202-1 )
An introduction to the item was provided by City Manager Ashley Jones. A presentation was provided by Finance Manager/Treasurer Monica Molina.
Council questions focused on annual contribution to San Dieguito River Valley Regional Open Space Park JPA; Measure Q undergrounding funds; purpose of the Capital Reserve account; plans for staff and a subcommittee of the Finance Committee to review the Finnell Plan; street paving and repairs funding sources; Equipment Reserve funds being set aside for new accounting system; enterprise funds; and work being completed by the Undergrounding Project Advisory Committee’s subcommittee.
Mayor Martinez opened the item to public comment and Clive Freeman spoke. Mayor Martinez closed the item to public comment.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY MAYOR MARTINEZ TO 1) ACCEPT FINAL CHANGES TO THE PROPOSED BUDGET DOCUMENT IDENTIFIED IN TABLE A; AND 2) ADOPT RESOLUTION 2023-21, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ADOPTING THE FISCAL YEARS 2023-2024 AND 2024-2025 OPERATING AND CAPITAL BUDGET AND CITY COUNCIL PRIORITIES”; RESOLUTION 2023-22, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ADOPTING THE
COMPENSATION PLANS FOR MANAGEMENT AND PROFESSIONAL, GENERAL, AND MISCELLANEOUS, PART-TIME, TEMPORARY AND HOURLY EMPLOYEES”; RESOLUTION 2023- 23, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, SETTING THE FISCAL YEAR 2023-2024 CITY OF DEL MAR FEE SCHEDULE FOR PLANNING, PUBLIC WORKS, COMMUNITY SERVICES, AND ADMINISTRATION SERVICES”; RESOLUTION 2023-24, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ESTABLISHING THE FIXED CHARGE ASSESSMENTS FOR BONDED INDEBTEDNESS FOR FISCAL YEAR 2023- 2024”; RESOLUTION 2023-25, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023-24”; RESOLUTION 2023-26, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, APPROVING THE STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2023- 2024, AND DELEGATING THE AUTHORITY TO INVEST CITY FUNDS TO THE TREASURER”; RESOLUTION 2023-27, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, SETTING THE FISCAL YEAR 2023-2024 PARKING VIOLATION FINES SCHEDULE”;
INCLUDED AS ATTACHMENTS A, C-H AS REQUIRED IN ORDER TO FORMALLY ADOPT THE FISCAL YEARS 2023-2024 AND 2024-2025 OPERATING AND CAPITAL BUDGET. (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 19, 2023
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the Clean Energy Alliance JPA (CEA) Board of Directors; Regional Solid Waste Association; San Diego Metropolitan Wastewater Commission/JPA; Oceanside Sand Retention Project; League of California Cities - Local Cities Group; San Dieguito River Valley Regional Open Space Park JPA–Executive Committee; San Diego Association of Governments (SANDAG) LOSSAN Executive Task Force; North County Transit District (NCTD); SANDAG Board of Directors; SANDAG Audit Committee; Human Resources Subcommittee; Planning Process Subcommittee; 22nd District Agricultural Association Community Relations Committee; CSA-17 Ambulance District Advisory Board; Del Mar Community Connections; Housing Subcommittee; and Parks and Recreation Committee.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 6:39 p.m.
Nestor Machado, Acting City Clerk