CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
SEPTEMBER 18, 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 all members of the City Council were present for closed session meeting on September 18, 2023, with Deputy Mayor Quirk arriving shortly after the start of the meeting at 2:46 p.m. and otherwise being available for the rest of the meeting. She reported that there were no reportable actions for any closed session items and that for Items D and E Councilmember Druker was recused due to living within 500 feet of the subject matter of the discussion.
PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Martinez opened public oral communications and Ken Olson spoke regarding the Carmel Valley Precise Plan (CVPP). Mayor Martinez closed public oral communications.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Worden reported on the Del Mar Foundation’s annual picnic held on Sunday, September 17, 2023, and upcoming League of California Cities Annual Conference that he will attend on behalf of the North County Coastal Cities group. Councilmember Druker reported that he was wearing a hat during the City Council meeting due to a recent 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 Druker also reported that he presented a proclamation at the Top Tech Awards held at the Del Mar Fairgrounds on September 13, 2023. Mayor Martinez reported on the Rotary Club of Del Mar’s Sunset Soiree Gala and auction on September 12, 2023. Mayor Martinez also reported on the City’s opposition letter submitted on Senate Bill (SB) 423 which passed the State Senate and the house and is currently on the Governor’s desk for signature. Deputy Mayor Quirk reported on a Union Tribune article related to the City of San Diego.
City Council Regular Minutes
September 18, 2023
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on repairs of traffic signal conduits and wires on Via de la Valle and Jimmy Durante Boulevard occurring in the evening of September 18,19, and 26, 2023; City receiving the San Diego Association of Governments (SANDAG) Platinum Tier Diamond Award for its employee commuter program; upcoming SANDAG LOSSAN Rail Realignment Project presentation and workshop in the Del Mar Town Hall on October 4, 2023, from 6:00-7:30 p.m.; planned southbound lane closure on Camino del Mar related to the Hillstone project construction on September 26, 2023; and short-term rental regulations that will be presented to the City Council on October 2, 2023.
PRESENTATIONS
ITEM 1: CHECK PRESENTATION FROM ASSEMBLYMEMBER TASHA BOERNER FOR $500,000 IN SAND REPLENISHMENT PROJECT FUNDING (CLERK’S FILE NO. 1404- 1, 1404-2)
Mayor Martinez introduced the item. Assemblymember Tasha Boerner, who represents Assembly District 77, presented the City with a $500,000 check for sand replenishment project funding.
Council discussion focused on appreciation for Assemblymember Boerner’s efforts to secure the funding.
There were no public speakers for the 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 7 AND 9.
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
ITEM 2: APPROVAL OF MINUTES: SEPTEMBER 5, 2023 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED SEPTEMBER 18, 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.
ITEM 5: SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING THE CITY’S LOCAL COASTAL PROGRAM AND DEL MAR MUNICIPAL CODE CHAPTER 30.80 PARKING REGULATIONS (CLERK’S FILE NO. 401-4, 401-9, 905-3) City Council Regular Minutes
September 18, 2023
Council adopted Ordinance 999, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, TO REPEAL AND REPLACE ORDINANCE 997 ADOPTED BY THE CITY COUNCIL ON JUNE 19, 2023, AND AMEND ORDINANCE 982 ADOPTED BY THE CITY COUNCIL ON DECEMBER 13, 2021, IN ORDER TO
CORRECT DEFICIENCIES IN THE PRIOR ORDINANCES FOR CONSISTENCY WITH THE MAY 10, 2023, CALIFORNIA COASTAL COMMISSION ACTION IDENTIFYING
MODIFICATIONS REQUIRED TO OBTAIN FINAL CERTIFICATION OF THE
SUBMITTED PARKING-RELATED LOCAL COASTAL PROGRAM AMENDMENT APPLICATION”, on consent.
ITEM 6: SECOND READING AND ADOPTION 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)
Council adopted Ordinance 1000, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ADDING A NEW CHAPTER 23.15 (MANUFACTURED HOMES) TO THE DEL MAR MUNICIPAL CODE; AND AMENDING DEL MAR MUNICIPAL CODE SECTION 30.04.130 (MANUFACTURED HOMES DEFINITION); AMENDING DEL MAR MUNICIPAL CODE SECTION 30.86.050 (SUPPLEMENTAL REGULATIONS – BUILDINGS MOVED); AND AMENDING DEL MAR MUNICIPAL CODE 23.16.020 (MOVING BUILDINGS – ISSUING AUTHORITY) ALL
RELATING TO THE REGULATION OF MANUFACTURED HOMES IN THE CITY OF DEL MAR”, on consent.
ITEM 7: AGREEMENT WITH NORTH COUNTY EVS, INC. FOR FIRE ENGINE MAINTENANCE AND AS-NEEDED REPAIR SERVICES (CLERK’S FILE NO. 406-1, 1101-8) Council approved a Professional Services Agreement with North County EVS, Inc. to provide fire engine maintenance and as-needed repair services; and authorized the City Manager to execute the Agreement, on consent.
ITEM 8: APPROVAL OF TASK ORDERS WITH MICHAEL BAKER INTERNATIONAL AND
NOVA SERVICES TO PERFORM SURVEY/MAPPING AND GEOTECHNICAL SERVICES FOR THE JIMMY DURANTE BOULEVARD BLUFF PROJECT (CLERK’S FILE NO. 406-1, 803-3)
A brief presentation was provided by Public Works Director Joe Bride. Mayor Martinez opened the item to public comment and Monica Meredith spoke in support of the project.
Mayor Martinez closed the item to public comment. City Council questioned focused on the timeline for the project; whether the cause of the landslide that occurred in 2019 had been determined; and types of retaining walls being considered.
IT WAS MOVED BY COUNCILMEMBER DRUKER AND SECONDED BY
COUNCILMEMBER GAASTERLAND TO APPROVE A $12,600 TASK ORDER WITH
MICHAEL BAKER INTERNATIONAL (MBI) TO CONDUCT SURVEY AND MAPPING SERVICES; APPROVE A $29,800 TASK ORDER WITH BARNETT QUALITY CONTROL SERVICES, INC. DBA NOVA SERVICES, INC. (NOVA) TO CONDUCT GEOTECHNICAL SERVICES; AUTHORIZE THE CITY MANAGER TO EXECUTE THE
TASK ORDERS FOR MBI AND NOVA RELATED TO THE JIMMY DURANTE BOULEVARD BLUFF PROJECT; AND AMEND THE FISCAL YEAR (FY) 2023-2024 City Council Regular Minutes
September 18, 2023
OPERATING AND CAPITAL BUDGET AS DESCRIBED IN THE FISCAL IMPACT SECTION OF THIS REPORT. (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
ITEM 9: AUTHORIZATION FOR ELECTRONIC SIGNATURE USE ON OFFICIAL CITY DOCUMENTS (CLERK’S FILE NO. 203-1)
Council adopted Resolution 2023-34, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, APPROVING THE USE OF ELECTRONIC
SIGNATURES ON OFFICIAL CITY DOCUMENTS AND AUTHORIZING THE CITY
MANAGER TO DEVELOP AND IMPLEMENT AN ADMINISTRATIVE POLICY REGARDING THE USE OF ELECTRONIC SIGNATURES”, on consent.
CITY COUNCIL OTHER BUSINESS
ITEM 10: RIVERPATH DEL MAR EXTENSION PROJECT PHASE 3 DESIGN REVIEW AND AUTHORIZATION TO APPLY FOR STATE AND COUNTY GRANTS (CLERK’S FILE NO. 803-3)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Principal Engineer Karen Falk and Senior Engineer with Michael Baker International (MBI) Geoffrey Retemeyer.
MBI Vice President Tim Thiele and Public Works Director Joe Bride were available to answer questions.
Council questions focused on the proposed fencing along the lagoon; engineer’s estimate for the Riverpath Del Mar Extension Project Phase 3 (Project); process for developing the engineer’s estimate; clarifications on the costs included in various line items in the engineer’s estimate for the Project; Project construction timeline and bird nesting season; longevity of the boardwalk structure; Lagoon Committee recommendation related to expansion of the Project’s fencing; height of the fencing; status and potential future use of the boardwalk planks previously removed from the Lagoon restoration area; mitigation area and plan; and grant funding applications.
Mayor Martinez opened the item to public comment and Dean Meredith spoke. Mayor Martinez closed the item to public comment.
Council discussion focused on the engineer’s cost estimate; material and labor costs; support for the City’s pursuit of the grant applications; fencing options; differential between the 90% and 100% design; bidding process for public projects; support for the Project; rational for staff’s recommendation regarding the expanded Project fencing; desire to protect the Lagoon habitat; importance of the Council’s role related to fiscal responsibility in regards to public projects; and trust and confidence in staff and MBI for their preparation of the design and engineer’s estimate.
IT WAS MOVED BY COUNCILMEMBER DRUKER AND SECONDED BY COUNCILMEMBER
GAASTERLAND TO DIRECT STAFF TO RETURN TO THE COUNCIL FOR FINAL DESIGN AND NECESSARY PERMIT APPROVALS; ADOPT RESOLUTION 2023-35, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AUTHORIZING THE APPLICATION FOR
GRANT FUNDS FROM THE WILDLIFE CONSERVATION BOARD FOR THE RIVERPATH DEL MAR EXTENSION PROJECT PHASE 3; ADOPT A RESOLUTION 2023-36, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AUTHORIZING THE APPLICATION FOR City Council Regular Minutes
September 18, 2023
GRANT FUNDS FROM THE STATE COASTAL CONSERVANCY FOR THE RIVERPATH DEL MAR EXTENSION PROJECT PHASE 3; ADOPT RESOLUTION 2023-37, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AUTHORIZING THE FILING OF APPLICATIONS
WITH THE COUNTY OF SAN DIEGO FOR NEIGHBORHOOD REINVESTMENT PROGRAM AND COMMUNITY ENHANCEMENT FUNDING FOR FISCAL YEAR 2024-2025”; AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS. (VOTE 5-0) Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
City Council consensus was to direct staff to look into the suggestions raised by Dean Meredith related to the stainless steel cable for the fencing and composite wood for the boardwalk.
ITEM 11: AGREEMENT FOR FISCAL YEAR 2023-2024 STREET SWEEPING SERVICES AND
CONSIDERATION OF SHORT AND LONG-TERM PROGRAM ALTERNATIVES (CLERK’S FILE NO. 406-1)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Public Works Director Bride. Public Works Operations Manager Mike D’Aquila and City storm water consultant Principal Engineer Mikhail Ogawa with Mikhail Ogawa Engineering (MOE) were available to answer questions.
Council questions and discussion focused on red dot comments received related to street sweeping on Coast Boulevard and Stratford Court; whether 15th Street east of Camino del Mar was included in the proposed scope of work; whether Ocean Ave from 13th to 15th Street is included in the proposed scope of work; maintenance of the City Hall parking structure and surface lot; street sweeping at the Fairgrounds and for related events; whether the City can pursue other methods besides street sweeping to prevent pollutants from entering in the storm drain system; and amount of debris removed by street sweeping.
There were no public speakers for the item.
IT WAS MOVED BY COUNCILMEMBER DRUKER AND SECONDED BY COUNCILMEMBER GAASTERLAND TO APPROVE STAFF’S RECOMMENDATION AS AMENDED BY THE STAFF RED
DOT INCLUDING AN AGREEMENT WITH SWEEPING CORPORATION OF AMERICA (SCA) TO PERFORM STREET SWEEPING SERVICES FOR FISCAL YEAR (FY) 2023-2024 IN AN AMOUNT NOT-TO-EXCEED $56,000; AUTHORIZE THE CITY MANAGER TO NEGOTIATE THE AGREEMENT
TERMS WITHIN THE COUNCIL APPROVED SCOPE OF SERVICES INCLUDING ADDITIONAL AREAS OUTLINED IN THE RED DOT AND OCEAN AVENUE FROM 13TH STREET TO 15TH STREET;
AND AUTHORIZE CITY STAFF TO PARTICIPATE IN A REGIONAL RFP WITH OTHER SAN DIEGO MUNICIPALITIES TO SOLICIT PROPOSALS FOR STREET SWEEPING SERVICES. (VOTE 5-0) Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
ITEM 12: ESTABLISHMENT OF COUNCIL POLICY RELATED TO THE ROLES &
RESPONSIBILITIES OF THE COUNCIL-APPOINTED MAYOR AND DEPUTY MAYOR (CLERK’S FILE NO. 101-2, 401-1)
A presentation was provided by Mayor Martinez and Councilmember Druker.
City Council Regular Minutes
September 18, 2023
Council questions and discussion focused on the Mayor’s role of ensuring equal opportunity for fair and equitable participation at meetings for all Councilmembers and the public; City’s efforts to develop policies related to City Council roles, processes and procedures; required time commitment associated with being Mayor; critical importance of the Mayor representing the City Council’s position publicly, even if it conflicts with the Mayor’s personal position on a given issue; and difference between a Council appointed versus elected Mayor.
There were no public speakers for item.
IT WAS MOVED BY COUNCILMEMBER DRUKER AND SECONDED BY MAYOR MARTINEZ TO APPROVE RESOLUTION 2023-38, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ADOPTING CITY COUNCIL POLICY 118 PERTAINING TO THE ROLES AND RESPONSIBILITIES OF THE COUNCIL-APPOINTED MAYOR AND DEPUTY MAYOR” WITH THE REVISION TO SECTION II(A)1 OF THE POLICY TO READ, “SERVING AS THE PRESIDING OFFICER
OF THE CITY COUNCIL IN ACCORDANCE WITH THE DEL MAR MUNICIPAL CODE (DMMC) CHAPTER 2.20.020, AND IN DOING SO ENSURING EQUAL OPPORTUNITY FOR PARTICIPATION
AMONG THE COUNCIL AND MEMBERS OF THE PUBLIC, AS WELL AS ENSURING DECORUM BY MEMBERS OF THE COUNCIL AND PUBLIC CONSISTENT WITH THE CITY’S ADOPTED CODE OF CIVIL DISCOURSE AND COUNCIL POLICY.” (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the SANDAG Shoreline Working Group; Parks and Recreation Committee; SANDAG Board; SANDAG Audit Committee; 22nd Agricultural District Community Relations Committee; round table discussion on homelessness hosted by Supervisor Nora Vargas; Del Mar Community Connections; Clean Energy Alliance; and Traffic and Parking Advisory Committee.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 7:03p.m.
Sarah Krietor, Administrative Services Manager/
City Clerk