CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
SEPTEMBER 5, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
And via teleconference
111 Eden St.
Bar Harbor, ME 04609
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; and Councilmembers Dave Druker, Terry Gaasterland, and Dwight Worden. Deputy Mayor Dan Quirk participated in the meeting remotely.
CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported, that although there were no legally required reportable actions from the City Council closed session that occurred on August 9, 2023, the City wishes to report that the City Council has authorized the City Attorney to engage an independent investigator to investigate allegation of Councilmember conduct that includes public disclosure of confidential closed session information and potential violation of City code, policies, and contractual obligations related to interaction with the City Manager, City staff, and third-party consultants.
City Attorney Devaney also reported that there were no reportable actions for the September 5, 2023, closed session agenda and that Councilmember Druker was recused from items B and C due to living within 500 feet of the subject matter of that discussion.
City Attorney reported that she and City Manager Ashley Jones were put on notice that Deputy Mayor Quirk was not going to be attending further Closed Sessions regarding San Dieguito Drive. She recommended that Deputy Mayor Quirk, or any council member not voluntarily remove themselves from a Closed Session and that doing so will put that Councilmember at a great disadvantage regarding legal issues, pitfalls, etc. which are in place to keep the City from engaging in costly legal battles and City liability.
She noted that as to Closed Sessions, there are limited exceptions in the Government Code (Brown Act) Gov’t Code Section 54956 et sea. which include: 1) Personnel for privacy reasons; 2) Litigation so as not to disclose to the public litigation strategies and postures; 3) Labor Negotiations; 4) Real Estate Negotiations; and 5) Significant Exposure to the City to give City Council the legal parameters and risks associated with narrow issues that are before them.
City Council Regular Minutes
September 5, 2023
City Attorney Devaney reported that for San Dieguito Drive, the project, Request for Proposals (RFP), assessments and design, etc. are all items to be conducted in Open Session, like Item 18 on tonight’s agenda.
City Attorney Devaney reported that the City Council met in Closed Session regarding San Dieguito Drive on July 24, 2023, for the very limited purpose of hearing from the City Attorney on legal issues associated with funding options; taxpayer funding for private purposes is highly regulated by law. She reported that the Council did not, and were not permitted to, talk about any of the project specifics as it is doing tonight in Open Session Item 18. City Attorney Devaney reported that all Closed Sessions conducted by the City are pursuant to the narrow exceptions permitted under the Brown Act. She reported that they are in place so that when City Councilmembers speak with their constituencies, they do so with knowledge of legal pitfalls, rather than talking about or advocating for a path that will result in costly litigation and result in legal vulnerability.
City Attorney Devaney stated that she again would urge Deputy Mayor Quirk not to recuse himself from hearing about legal issues on any subject and that she would not want that to result in personal liability for him or added liability for the City.
PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Martinez opened Public Oral Communications and the following people spoke:
1) Sherryl Parks spoke requesting an update regarding Winston School lease negotiations. 2) Ken Olson spoke regarding his property and the requirements of the Carmel Valley Precise Plan. 3) Julie Hamilton spoke on behalf of her client resident Mark Wyland demanding the City rescind or hold in abeyance the building permit for the Accessory Dwelling Unit (ADU) proposed at 2610 Ocean Front. She also spoke regarding the City’s ADU regulations and permitting practices in general as it related to State law and the City’s Local Coastal Program (LCP). 4) Mark Wyland spoke requesting the City rescind or hold in abeyance the building permit for the ADU at 2610 Ocean Front.
Mayor Martinez closed Public Oral Communications.
City Manager Jones reported that negotiations with Winston School regarding their lease were going well and that, while she cannot report specific details publicly at this time, she expects there to be a public update in the next month or so. City Council requested the City Attorney advise the City Council on the City’s ADU, applicable State law, and the City’s LCP as it relates to Julie Hamilton’s comments and red dot communication.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Druker reported that he was wearing a cap during the City Council meeting due to a medical procedure. He explained that he wanted to be sure the public understood why he was wearing a hat and that it was not his normal practice or intended to be disrespectful. Councilmember Worden reported on his meeting with State Senator Catherine Blakespear where they discussed Fairground housing and the LOSSAN Corridor; California Ocean Protection Council’s upcoming updates related to Sea-Level Rise; and the City of Oceanside Sand Retention Project and related committee he is currently serving on. Councilmember Druker reported on the retirement of North County Transit District Executive Director Matt Tucker, which the Board was aware of for approximately a year, and New York Times article on the Oceanside Sand Replenishment Project. Mayor Martinez reported on Representative Mike Levin and House Minority Leader Hakeem Jeffries’ visit to Del Mar on August 18, 2023, celebrating federal City Council Regular Minutes
September 5, 2023
funding for coastal conservation specifically the $750,000 awarded to the City of Del Mar to address climate resiliency at the San Dieguito Lagoon. Mayor Martinez also announced her planned attendance at the upcoming homelessness symposium hosted by County of San Diego Supervisor Nora Vargas on September 6, 2023.
CITY MANAGER’S REPORT
City Manager Jones reported on the City of Del Mar and EDCO recycling, shredding, and mulch event being held in the lower parking lot of Shores Park 9 am - 12 pm on Saturday, September 16, 2023.
Planning and Community Development Director Karen Brindley reported on the draft Accessory Dwelling Unit Ordinance and related programs that will be going to Planning Commission for consideration on Tuesday, September 12, 2023.
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 WORDEN TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 16.
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
ITEM 1: APPROVAL OF MINUTES: JULY 24, 2023 REGULAR AND SPECIAL MEETING, AUGUST 9, 2023 SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED SEPTEMBER 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: AGREEMENT FOR CITY COUNCIL RETREAT FACILITATION SERVICES (CLERK’S FILE NO. 406-1)
At the City Council’s request, City Manager Jones provided a brief overview of this agenda item and what is planned for the upcoming City Council retreat. Council discussion focused on past retreats, benefits of participation, whether all five councilmembers will attend the retreat, and retreat location.
Council approved an Agreement with the Centre for Organization Effectiveness for City Council Retreat Facilitation Services; authorized the City Manager to execute the Agreement; and allocated $8,300 to cover facilitation services from the General Fund to the City Council Division budget as further described in the Fiscal Impact section of the report, on consent.
City Council Regular Minutes
September 5, 2023
ITEM 5: APPROVAL OF AMENDED AGREEMENT FOR RETIREMENT HEALTH SAVINGS (RHS) PROGRAM FOR THE DEL MAR FIREFIGHTERS ASSOCIATION (DMFA) (CLERK’S FILE NO. 406-1)
Council adopted Resolution 2023-32 “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, ADOPTING THE AMENDED RETIREMENT HEALTH SAVINGS PROGRAM FOR THE DEL MAR FIREFIGHTERS ASSOCIATION”; approved the required program agreement and supporting documents; and authorized the City Manager to execute the necessary document, on consent.
ITEM 6: ACCEPTANCE OF A DONATION FROM THE DEL MAR FOUNDATION FOR ALLTERRAIN WHEELCHAIRS AND ACCESSIBILITY MATS (CLERK’S FILE NO. 201-13, 1202-11, 1501-16)
Council accepted a donation of $9,000 from the Del Mar Foundation to purchase two allterrain wheelchairs and two accessibility mats; and amended the Fiscal Year 2022-23 Operating and Capital Budget to reflect the donation, on consent.
ITEM 7: FIRST AMENDMENT TO AGREEMENT WITH WEST COAST ARBORISTS FOR ASNEEDED CITYWIDE TREE MANAGEMENT AND MAINTENANCE SERVICES (CLERK’S FILE NO. 406-1, 1403-7)
Council approved the First Amendment to the Agreement between the City of Del Mar and West Coast Arborists, Inc. for as-needed citywide tree management and maintenance services; and authorized the City Manager to execute the First Amendment, on consent.
ITEM 8: APPROVAL OF A TASK ORDER WITH MICHAEL BAKER INTERNATIONAL TO PERFORM A LEAD WATER SERVICE LINE INVENTORY (CLERK’S FILE NO. 406-1) Council approved a $20,300 Task Order with Michael Baker International to perform a Lead Water Service Line Inventory; and authorized the City Manager to execute the Task Order, on consent.
ITEM 9: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH BUCKNAM INFRASTRUCTURE GROUP, INC. FOR THE 2023 PAVEMENT CONDITION ASSESSMENT AND FIVE-YEAR PAVEMENT MANAGEMENT PLAN (CLERK’S FILE NO. 406-1, 901-5)
Council approved the Professional Services Agreement between the City of Del Mar and Bucknam Infrastructure Group, Inc. to provide citywide pavement condition assessment services and prepare a five-year pavement management plan; and authorized the City Manager to execute the Agreement, on consent.
ITEM 10: AWARD OF CONSTRUCTION CONTRACT WITH PORTILLO CONCRETE, INC. FOR THE BEACH COLONY PEDESTRIAN IMPROVEMENT PROJECT (CLERK’S FILE NO. 406-1)
Council awarded a $171,000 construction contract to Portillo Concrete, Inc. (Attachment A), which includes the Base Bid plus three Alternate Bid Items, for the Beach Colony Pedestrian Improvement Project; approved $92,570 in funding for additional pedestrian ramp improvements included as Alternate Bid Items; authorized the City Manager to City Council Regular Minutes
September 5, 2023
execute the contract; and amended the Fiscal Year (FY) 2023-2024 Operating and Capital Budget as described in the Fiscal Impact section of this report, on consent.
ITEM 11: APPROVAL OF AGREEMENT WITH CIVIC SOLUTIONS, INC. FOR CONTRACT PLANNING SERVICES (CLERK’S FILE NO. 102-6, 406-1)
Council approved a Professional Services Agreement retroactively effective to August 3, 2023, with Civic Solutions, Inc. to provide contract planning services, which was previously authorized by the City Manager on an urgency basis due to the high volume of work and current vacancies in the City’s Planning and Community Development Department, on consent.
ITEM 12: RESOLUTION OF SUPPORT FOR A ROBUST PUBLIC OUTREACH AND
PARTICIPATION PROCESS RELATED TO THE LOSSAN RAIL REALIGNMENT PROJECT (CLERK’S FILE NO. 1005-2, 1506-1)
Council briefly discussed this item including SANDAG’s recent Workshop held on August 30, 2023, and Councilmember Gaasterland provided clarification on the purpose of the resolution which is to support and encourage a robust public engagement process to be undertaken by SANDAG related to the LOSSAN Rail Realignment Project.
Council adopted Resolution 2023-33, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, EXPRESSING SUPPORT FOR THE SAN DIEGO
ASSOCIATION OF GOVERNMENTS CONDUCTING A ROBUST PUBLIC OUTREACH
AND PARTICIPATION PROCESS RELATED TO THE LOSSAN RAIL REALIGNMENT PROJECT”, on consent.
ITEM 13: FINANCE COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5) Council appointed Kenneth Barrett as a voting member to the Finance Committee to serve a full three-year term effective September 5, 2023, and ending on September 30, 2026, on consent.
ITEM 14: APPROVAL OF FIFTH AMENDMENT TO COOPERATIVE FIRE MANAGEMENT SERVICES AGREEMENT (CLERK’S FILE NO. 406-1, 1101-8)
Council approved a Fifth Amendment to the Agreement for Cooperative Fire Management Services to add an Administrative Fire Captain position and authorize the City Manager to execute the Agreement, on consent.
PUBLIC HEARING
ITEM 15: INTRODUCTION OF AN ORDINANCE AMENDING THE CITY’S LOCAL COASTAL PROGRAM LAND USE PLAN AND DEL MAR MUNICIPAL CODE CHAPTER 30.80 PARKING REGULATIONS CONSISTENT WITH THE MAY 10, 2023, CALIFORNIA
COASTAL COMMISSION ACTION IDENTIFYING MODIFICATIONS REQUIRED TO
OBTAIN FINAL CERTIFICATION OF THE PARKING-RELATED LOCAL COASTAL PROGRAM AMENDMENT (CLERK’S FILE NO. 401-4, 401-9, 905-3) Mayor Martinez opened the public hearing. There were no public speakers for the item. Mayor Martinez closed the public hearing. The item was moved to the Consent Calendar for approval.
City Council Regular Minutes
September 5, 2023
ITEM 16: INTRODUCTION OF AN ORDINANCE TO IMPLEMENT HOUSING ELEMENT PROGRAM 1F RELATING TO THE REGULATION OF MANUFACTURED HOMES (CLERK’S FILE NO. 304-7, 401-4, 401-9)
Mayor Martinez opened the public hearing. There were no public speakers for the item. Mayor Martinez closed the public hearing. The item was moved to the Consent Calendar for approval.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 6:02 to 6:13 p.m.
CITY COUNCIL OTHER BUSINESS
ITEM 17: REPORT ON ITEMS RELATED TO DEVELOPMENT OF SHORT-TERM RENTAL (STR)
POLICIES AND REGULATIONS INCLUDING CALIFORNIA COASTAL COMMISSION (CCC) ACTIONS AND COURT DECISIONS AND ONGOING STR DATA AND INFORMATION COLLECTION (CLERK’S FILE NO. 301-19)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Deputy City Attorney Wendy House and Principal Planner Amanda Lee.
Council questions focused on the factors the California Coastal Commission (CCC) considers when reviewing Short-Term Rental (STR) regulations; relationship between Accessory Dwelling Unit (ADU) and STRs regulations; CCC historical trends for approved STR regulations; CCC approval of STR regulations in similar agencies related to parking and number of occupants; occupancy data; registration and database processes; rational for the California jurisdictions proposed to be used to collect sample STR policies and regulation data; clarification on the documentation that would d be requested as part of the City STR database; request to receive median data for STR costs; whether specific statistics can be created from existing STR data; intent of the proposed STR database; and outreach plan for the STR database.
Mayor Martinez opened the item to public comment and the following people spoke:
1) E.G. Kundzior
2) Mary ZoBell
3) Kimberly Jackson
4) Ken Assi
5) Laura DeMarco with donations of time from Debbie Church and Brenda Sandpiere 6) Jennifer McDowell
7) Gina Mattern
Mayor Martinez closed the item to public comment.
Council discussion focused on general approach related to the City’s STR regulation with CCC; whether the City should create a STR registry an purpose/benefits of doing so; preferred comparable agencies for STR regulations and policies; availability of CCC staff to meet with City staff and/or the City Council regarding STR regulations; whether there is a possibility or need for a third party to manage the STR registry and removing personal data prior to providing to City Councill; desire to request City staff reach out to the consultant to request further analysis of existing data; interest in adding a 12th Guiding Principle to the list of Guiding Principles for STRs.
IT WAS MOVED BY COUNCILMEMBER DRUKER AND SECONDED BY COUNCILMEMBER
GAASTERLAND THAT CITY STAFF TO WORK COLLABORATIVELY WITH THE CALIFORNIA City Council Regular Minutes
September 5, 2023
COASTAL COMMISSION (CCC) REGARDING DEVELOPMENT OF THE CITY’S STRS REGULATIONS AND THAT THE CITY COUNCIL ADDS A 12TH GUIDING PRINCIPLE THAT THE CITY
WILL WORK FOR A SOLUTION FOR STRS THAT WORKS FOR DEL MAR AND WILL PASS MUSTER WITH COASTAL COMMISSION (VOTE 5-0)
Ayes: Mayor Martinez, and Councilmembers Druker, Gaasterland and Worden; Noes: Deputy Mayor Quirk; Absent: 0; Abstain: 0.
IT WAS MOVED BY COUNCILMEMBER WORDEN AND SECONDED BY MAYOR MARTINEZ TO AUTHORIZE STAFF TO MOVE FORWARD WITH A STR REGISTRY AND TO LEAVE IT TO STAFF’S DISCRETION WHETHER TO UTILIZE A THIRD-PARTY CONSULTANT TO IMPLEMENT (VOTE 5-0).
Ayes: Mayor Martinez, and Councilmembers Druker, Gaasterland and Worden; Noes: Deputy Mayor Quirk; Absent: 0; Abstain: 0.
City Council consensus was for staff to use the California jurisdictions identified in the agenda report with the changes of removing Santa Barbara, Santa Cruz, and San Mateo counties and adding Carmel-bythe-Sea, Encinitas, Avalon, and Half Moon Bay to collect sample STR policy and regulations data to present to the City Council at a future meeting.
City Council consensus when implementing the STR registry was for the City to collect STR data on number of bedrooms (to the extent that the information is available). Council expressed desire to compare STR cost per bedroom to hotels and motels in Del Mar and desire to collect STR cost median data, if available.
ITEM 18: SAN DIEGUITO DRIVE PHASE 1 PRELIMINARY ENGINEERING ASSESSMENT
PRESENTATION AND RECOMMENDATION TO PROCEED TO PHASE
2 ENGINEERING DESIGN (CLERK’S FILE NO. 801-1)
An introduction to the item was provided by City Manager Jones. City Manager Jones thanked the residents for their thoughtful questions, feedback and input on San Dieguito Drive Phase 1 Preliminary Engineering Assessment (Project), as well as their participation, along with Councilmembers Druker and Gaasterland, in resident meetings to review design alternatives and provide feedback in preparation for tonight’s agenda item. A presentation was provided by Project Manager II Martin Boyd and City engineering consultant Tim Thiele, Vice President of Michael Baker International.
Council questions focused on the timing of the Phase 2 planning and final design; whether the San Dieguito Drive Project planning will be completed in time for coordination with Utility Undergrounding Project X1A; red dot with staff’s responses to the Council questions on the Project; whether the recommended Alternative #3 meets the County of San Diego roadway standards required by the City for acceptance of public streets; whether staff conducted a safety analysis regarding the street and sewer; whether the project will require California Environmental Quality Act (CEQA) review and whether those costs are included in the current project cost estimate; clarification on the project contingency; funding source and budget allocations related to the Project; width of the existing street; need for retaining wall included in the Project; details of a quote for paving obtained in 2022 by private residents; and basis for the recommended project design.
Mayor Martinez opened the item to public comment and the following people spoke:
1) Tate Scott
2) Beth Westburg
City Council Regular Minutes
September 5, 2023
3) Majid Kharrati
4) Amy Cheshire
Mayor Martinez closed the item to public comment.
Council discussion focused on septic systems and the resident’s consideration of installing a sewer as part of this project; regulations and resources from the County of San Diego Health Department related to septic systems; clarification on Project next steps including funding options; requirements of the City’s Complete Street Policy; preliminary project cost estimate and proposed work compared to the scope and costs included in the private paving quote obtained by residents; fire safety consideration related to the project, and clarification on the engineer’s estimate versus actual bids determining the cost of the project.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY COUNCILMEMBER DRUKER TO 1) APPROVE FURTHER STUDY AND DESIGN OF MINIMAL ALTERNATIVE (ALTERNATIVE #3) FROM THE PHASE I ENGINEERING ASSESSMENT (ATTACHMENT A, PAGE 4) AND GRANT AN EXCEPTION TO CITY COUNCIL POLICY 114 - COMPLETE STREETS; 2) APPROVE A $155,400 TASK ORDER (ATTACHMENT B) WITH MICHAEL BAKER INTERNATIONAL (MBI) TO PROCEED WITH PHASE 2 ROAD IMPROVEMENT DESIGN, CONSTRUCTION
DOCUMENTS AND EASEMENT ACQUISITION FOR THE MINIMAL ALTERNATIVE (ALTERNATIVE #3); AND 3) AUTHORIZE THE CITY MANAGER TO EXECUTE THE TASK ORDER. (VOTE 4-1 WITH
DEPUTY MAYOR QUIRK OPPOSED)
Ayes: Mayor Martinez, and Councilmembers Druker, Gaasterland and Worden; Noes: Deputy Mayor Quirk; Absent: 0; Abstain: 0.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the San Dieguito River Valley Regional Open Space Park Riverpark Joint Powers Authority (JPA); Clean Energy Alliance Community Advisory Committee; METRO Wastewater JPA; League of California Cities- Coastal Cities Group; League of California Cities; San Diego Association of Governments (SANDAG) Shoreline Preservation Working Group; SANDAG Sediment Management Technical Taskforce; Undergrounding Project Advisory Committee; North County Transit district; Del Mar Community Connections; and SANDAG Audit Committee.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 8:26 p.m.
Sarah Krietor, Administrative Services Manager/
City Clerk