CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
JULY 10, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
And via teleconference
4225 Lake Drive, Soda Springs, CA 95728
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 (via teleconference); 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 July 10, 2023, City Council Closed Session meeting. She reported that for Item IIIA the name of the lawsuit was properly listed on the agenda. However, the case number was incorrect. The correct case number is:
37-2023-0023407-CU-PT-CTL.
PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Martinez opened public oral communications and the follow people spoke:
1) Julie Maxey-Allison
2) Suren Dutia
3) Lee Larcher
Mayor Martinez closed public oral communications.
City Manager Ashley Jones provided additional context regarding the City’s plans and process to evaluate potential traffic control measures on Camino del Mar, including working with the City’s contract Traffic Engineer, Traffic and Parking Advisory Committee, and San Diego County Sheriff. Public Works Director Joe Bride provided an update on the status of the citywide streets improvement assessment.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Worden announced that he will be participating remotely in the July 24, 2023, City Council meeting. Councilmember Gaasterland announced that she will be absent for the July 14, 2023, San Diego Association of Governments (SANDAG) Board of Directors meeting. Mayor Martinez reported City Council Regular Minutes
July 10, 2023
on the success of the Del Mar 4
th of July Parade and expressed her appreciation to the community and staff.
CITY MANAGER’S REPORT
City Manager Jones reported that the Planning Commission will hold a public workshop on Accessory Dwelling Units (ADU) and manufactured homes on July 11, 2023; upcoming SANDAG presentation at the July 24, 2023, City Council meeting to report on the Del Mar Tunnel Alignment Project public outreach process. City Manager Jones and Administrative Services Manager/City Clerk Sarah Krietor reported on the City’s red dot process and email addresses for submitting written public comment.
PRESENTATIONS
ITEM 1: PRESENTATION FROM LOCAL BOYS AND GIRLS CLUB CHIEF EXECUTIVE OFFICER MARINEKE VANDERVORT (CLERK’S FILE NO. 1202-3)
Mayor Martinez introduced the item. A presentation was provided by Marineke Vandervort Chief Executive Offer of the Boys and Girls Club of San Dieguito. KC Vafiadis presented the Boys and Girls Club with a $10,000 dollar donation.
City Council questions and comments focused on appreciation to the Boys and Girls Club of San Dieguito for the services they provide to the community; cost for services and cost free options; and support for the fundraising events hosted by the Boys and Girls Club of San Dieguito in Del Mar.
There were no public speakers for this item.
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.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY COUNCILMEMBER DRUKER TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 8. (VOTE 5-0) Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
ITEM 2: APPROVAL OF MINUTES: JUNE 19, 2023 AND JUNE 30, 2023 SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED JULY 10, 2023 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.
ITEM 4: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
City Council Regular Minutes
July 10, 2023
ITEM 5: AUTHORIZATION TO APPLY FOR STATE OF CALIFORNIA RECREATIONAL TRAILS PROGRAM GRANT FUNDS FOR THE DEL MAR RIVERPATH EXTENSION PHASE 3 (CLERK’S FILE NO. 201-13, 406-1)
Council adopted Resolution 2023-28, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AUTHORIZING THE FILING OF AN APPLICATION
WITH THE STATE OF CALIFORNIA FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM”, for the Del Mar Riverpath Extension Phase 3 Project; and authorized the City Manager to execute the necessary related documents and agreements required to receive the grant funding, on consent.
ITEM 6: COMMUNITY SUPPORT PROGRAM FUNDING AGREEMENTS FOR FISCAL YEARS 2023-2024 AND 2024-2025 (CLERK’S FILE NO. 406-1, 1202-3, 1202-9) Council approved the recommended Community Grant Funding Agreements for Fiscal Years (FY) 2023-2024 and 2024-2025; and authorized the City Manager to execute the Agreements and related documents, on consent.
ITEM 7: TRAFFIC AND PARKING ADVISORY COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5)
Council appointed Zach Groban as the at-large, business representative voting member of the Traffic and Parking Advisory Committee to serve the balance of a vacant term starting July 10, 2023, and ending on January 30, 2025, on consent.
ITEM 8: CONSIDERATION OF THE 2023-2027 MEMORANDUM OF AGREEMENT BETWEEN
THE CITY OF DEL MAR AND THE DEL MAR FIREFIGHTERS ASSOCIATION (CLERK’S FILE NO. 406-1, 502-3)
Council adopted Resolution 2023-29, “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 FIREFIGHTERS ASSOCIATION FOR THE PERIOD JULY 1, 2023 THROUGH JUNE 30, 2027”; authorized the City Manager to execute the Agreement; and adopted Resolution 2023-30, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ADOPTING THE FISCAL YEAR 2023-2024 COMPENSATION PLAN FOR FIRE EMPLOYEES”, on consent.
CITY COUNCIL OTHER BUSINESS
ITEM 9: PRESENTATION OF DATA RELATED TO ACTIVE SHORT-TERM RENTALS AND
COUNCIL DIRECTION ON NEXT STEPS TO CONSIDER ESTABLISHMENT OF NEW POLICIES/REGULATIONS (CLERK’S FILE NO. 301-19)
An introduction to the item was provided by City Manager Jones and Planning and Community Development Director Karen Brindley. A presentation was provided by Principal Planner Amanda Lee.
Planning and Community Development Director Brindley, Associate Planner Adriana Jaramishian, and Kuda Wekwete, Managing Director with DTA, the City’s data consultant, were available to answer Council questions.
City Council Regular Minutes
July 10, 2023
Council questions focused on clarifying the data in the report related to Short Term Rental (STR) cleaning fees, parking, number of bedrooms, occupancy rates, vacancy rate calculations, number of occupants, length of stay, and black out/available rental dates/periods; preliminary/unvetted Transient Occupancy Tax (TOT) revenue projections; whether DTA will continue to collect data in the 2023 summer months; process used for scrubbing data; process used for determining owner occupied versus investment properties; California Department of Finance dwelling unit data; considerations related to timeshares at Wave Crest and L’Auberge; next steps in the process for developing STR regulations; availability of STR data from property management companies; process for considering and implementing TOT for STRs; and timing for receiving STR TOT revenue projections.
Mayor Martinez opened the item to public comment and the following people spoke:
1) Ken Assi
2) Julie Split-Keyes
3) Debbie Church
4) Steve Quirk
5) Kimberly Jackson
Mayor Martinez closed the item to public comment.
Council discussed the STR data and considered whether the Council would like to receive additional STR data. There was Council consensus to collect June 2023 data; to expand existing and June 2023 data sets to include information regarding number of bedrooms and occupancy capacity, if available; and to set aside data related to timeshares at Wave Crest and L’Auberge.
Council discussion also focused on the next step in the process for considering, developing and implementing STR regulations including the purpose and goals of the July 24 and September 5, 2023, City Council meetings; desire to establish guiding principles and objectives to develop STR regulations and receive information regarding the City’s current zoning and Local Coastal Program (LCP) regulations that relate to STRs at the July 24, 2023, Council meeting; desire to receive a report from the City Attorney’s office on the legal landscape and case law related to STR’s, including STR related approvals by the Coastal Commission, at the September 5, 2023, Council meeting; logistics and number of potential STR permits; desire to receive information about enforcement options, such as a three strike policy; importance of public participation, outreach and engagement in the process; whether STR trash impact data is available through the City’s waste hauler EDCO; percentage of STRs compared to the City’s total housing stock; California Environmental Quality Act (CEQA) process for STR regulations; and whether the City has received any input from local hotels/motels.
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY MAYOR MARTINEZ TO FOLLOW THE PROCESS OUTLINED BY COUNCILMEMBERS DRUKER AND GAASTERLAND. (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 7:19 to 7:25 p.m.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the League of California Cities- San Diego Chapter; Regional Solid Waste Authority; SANDAG Shoreline Preservation Working Group; Shores Advisory Committee; City Council Regular Minutes
July 10, 2023
SANDAG Board of Directors; Del Mar Village Association; Legislative Subcommittee; Undergrounding Project Advisory Committee; Clean Energy Alliance; SANDAG LOSSAN Executive Task Force; Del Mar Railroad Committee; Fire Governance Board; Parks and Recreation Committee; and Sustainability Advisory Committee.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 7:55 p.m.
_______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk