CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
OCTOBER 2, 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 and that there were no reportable actions for the October 2, 2023, City Council Closed Session meeting. She reported that Councilmember Druker was recused from items A and B due to living within 500 feet of the subject matter of that discussion.
City Attorney Leslie Devaney reported that there were no legally required reportable actions from the City Council Closed Session that occurred on September 29, 2023; however, the City Council reports that the majority of the City Council voted not to accept the draft executive summary of the investigation and not to accept or view the draft investigation report due to both being incomplete. City Attorney Devaney reported further that there would be no charge for the investigation and the City Council authorized the hiring of another investigator to begin an investigation of the allegations already identified as soon as possible,
PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
None.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Worden reported on the first San Diego Association of Governments (SANDAG) Sediment Management Technical Taskforce meeting; SANDAG tunneling issues update, and League of City Council Regular Minutes
October 2, 2023
California Cities Annual Conference. Mayor Martinez reported on an upcoming Coastal Cities Mayors meeting.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on City traffic conduit repairs at intersection Via De La Valle, Jimmy Durante Boulevard and Valley Avenue; settlement agreement with Winston School; and announced an upcoming SANDAG’s workshop related to the LOSSAN Rail Realignment Project.
PRESENTATIONS
ITEM 1: PROCLAMATION IN SUPPORT FOR AND DECLARATION OF CALIFORNIA CLEAN AIR DAY ON OCTOBER 4, 2023 (CLERK’S FILE NO. 1201-5)
Mayor Martinez presented a proclamation in support for and declaration of California Clean Air Day.
CONSENT CALENDAR
Management Analys 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 DAVE DRUKER, SECONDED BY COUNCILMEMBER TERRY GAASTERLAND TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 9 AND ITEM 12 THAT WAS MOVED TO THE CONSENT CALENDAR. (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: APPROVAL OF MINUTES: SEPTEMBER 18, 2023 REGULAR AND SPECIAL MEETING, SEPTEMBER 25, 2023 SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED OCTOBER 2, 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: CHARGEPOINT ELECTRIC VEHICLE CHARGING STATIONS WARRANTY COVERAGE AND MAINTENANCE CONTRACT EXTENSION (CLERK’S FILE NO. 406- 1)
Council authorized the City Manager to execute a five-year network service and warranty extension through May 24, 2029, with the City’s electrical vehicle charging vendor, ChargePoint, in an amount not to exceed $22,350; and amended the Fiscal Year 2023- 2024 Operating and Capital Budget as indicated in the Fiscal Impact section of this report, on consent.
City Council Regular Minutes
October 2, 2023
ITEM 6: ALERT AND WARNING MEMORANDUM OF AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF DEL MAR (CLERK’S FILE NO. 406-1, 1503-5) Council approved the Alert and Warning Memorandum of Agreement between the County of San Diego and the City of Del Mar; and authorized the City Manager to execute the Memorandum of Agreement, on consent.
ITEM 7: AWARD OF CONSTRUCTION CONTRACT FOR 25TH STREET LIFEGUARD TOWER EXTERIOR DOOR REPLACEMENT PROJECT (CLERK’S FILE NO. 406-1) Council awarded a $39,635 construction contract with CTT Contemporary Furniture Incorporated (CTT Furniture) for the 25th Street Lifeguard Tower Exterior Door Replacement Project (Project); approved a project contingency of $5,000; and authorized the City Manager to execute the contract and any contract changes necessary to complete the work, on consent.
ITEM 8: PARKS AND RECREATION COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401- 5)
Council appointed Ann Feeney as a voting member to the Committee to serve the balance of a vacant term starting October 2, 2023, and ending on January 1, 2024, on consent.
ITEM 9: PURCHASE OF REAL PROPERTY RELATED TO THE DEL MAR RIVERPATH PHASE 3 PROJECT (CLERK’S FILE NO. 702-1)
Council approved a Purchase & Sale Agreement for the purchase of Assessor Parcel Number (APN) 299-200-51 (Property); adopted Resolution 2023-29, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ACCEPTING REAL PROPERTY KNOWN AS ACCESSOR PARCEL NUMBER (APN) 299-200-51 FROM
ALEXANDER VONLOKNER FOR USE AND OPERATION OF PUBLIC BENEFIT TO THE CITY OF DEL MAR; authorizing recordation of a Certificate of Acceptance and a Grant Deed to purchase real property known as APN 299-200-51; and authorized the City Manager to execute and record documents necessary to facilitate acquisition of the Property, on consent.
PUBLIC HEARING
ITEM 10: CONTINUED TO OCTOBER 16, 2023 COUNCIL MEETING: INTRODUCE UPDATED
ACCESSORY DWELLING UNIT (ADU) ORDINANCE, INCLUDING PROVISIONS FOR TINY HOMES (CLERK’S FILE NO. 303-1, 304-7, 401-4, 401-9) City Council continued the item to the October 16, 2023, City Council meeting.
ITEM 11: CONTINUED TO OCTOBER 16, 2023 COUNCIL MEETING: INTRODUCE UPDATED ADU INCENTIVE PROGRAM ORDINANCE (UNCODIFIED) (CLERK’S FILE NO. 303-1, 304-7, 401-4)
City Council continued the item to the October 16, 2023, City Council meeting.
City Council Regular Minutes
October 2, 2023
ITEM 12: RIVERPATH DEL MAR EXTENSION PROJECT PHASE 3 DESIGN REVIEW PERMIT, LAND CONSERVATION PERMIT, AND FINAL DESIGN ACCEPTANCE (CLERK’S FILE NO. 301-5)
Mayor Martinez opened and closed the public hearing. There were no public speakers. The item was moved to the consent calendar for approval.
Council adopted a Resolution 2023-40, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, TO APPROVE DESIGN REVIEW (DRB23-008) AND LAND CONSERVATION (LC23-003) PERMITS TO CONSTRUCT AN APPROXIMATELY 2,070 LINEAR-FOOT EXTENSION OF
THE RIVERPATH DEL MAR TRAIL WITH ASSOCIATED GRADING NORTH OF SAN DIEGUITO DRIVE IN THE FLOODWAY ZONE AND LAGOON OVERLAY ZONE, IN DEL MAR, CALIFORNIA” conditionally approving Design Review Permit DRB23-008 and Land Conservation Permit LC23-003 for the construction and associated grading of the Riverpath Del Mar Extension Project Phase 3; and 2) Accepted the Final Design, on consent.
CITY COUNCIL OTHER BUSINESS
ITEM 13: CONTINUED TO OCTOBER 16, 2023 COUNCIL MEETING: RESOLUTION TO ADOPT ADU AMNESTY PROGRAM/POLICY (CLERK’S FILE NO. 303-1, 304-7) City Council continued the item to the October 16, 2023, City Council meeting.
ITEM 14: DISCUSSION OF REGULATORY FRAMEWORK EXAMPLES AND POLICY DIRECTION FOR SHORT TERM RENTAL REGULATION (CLERK’S FILE NO. 301-19) An introduction to the item was provided by City Manager Jones. A presentation was provided by Principal Planner Amanda Lee and Deputy City Attorney Wendy House.
Council questions focused on category #1 City can Define Short Term Rentals (STR) Ownership Types clarifying example of maximum 90 days/year; advertising versus identification signage regulations; definition of tenancy; multi-unit Accessory Parcel Numbers for condominiums; exclusion of special events; 25 or more people in public spaces requiring a special event permit; and operational requirements for noise.
Council questions further focused on category #4 Overall Cap regarding Short Term Rentals capacity within 5 miles radius of other visitor accommodations; official registry process for STRs; Laguna Beach’s maximum non-hosted STRs numbers; no code enforcement pertaining to operating an STR; accommodations of existing STRs above the set cap and making the permit non-transferable. Council questions focused on category # 6 Duration of STR Rental and Use regarding the maximum length of stay per year; category #8 Manner of Rental regarding parking requirements; locations of advertised STRs and 148 existing STRs equivalence to 5.7% of total dwelling units.
Mayor Martinez opened the item to public comment and the following people spoke:
1) Gina Mattern (time donation by Gerard Pascale and Nina Detrow) 2) Kimberly Jackson (time donation by Rory Revier)
3) Ken Assi
Mayor Martinez closed the item to public comment.
City Council Regular Minutes
October 2, 2023
Council discussion focused on #1 issue category (STR ownership types) and discussed limiting permit issuance to the owner; distinguishing Primary Residence and Full-Time STR; including a long-term tenant option in Primary Residence description; and considering category for units with primary resident that is not the owner.
Council discussion focused on #2 issue category (STR Permit and Licensing Procedures) agreeing with an annual renewal requirement; $1 million in property insurance; maintaining and providing records of STR operations for audit and inspection purposes; identifying the permit/license number on advertisements; making the permit non-transferable; issuing to the property owner only; and staff level approval and appeals process if the permit/license or renewal is denied, suspended, revoked to be heard by an Administrative Hearing Officer. Council further discussed requiring the STR permit; and preissuance safety measures self-checklist requirement with City’s ability to do site inspections throughout the time.
Council discussion focused on #3 issue category (Designated Point of Contact for Timely Response to Complaints) and concurred designating a local 24-hour point of contact to respond within 30 minutes; requiring on-site posting; the City implementing a licensing software system to facilitate STR permitting; and mailing contact information to property owners/occupants within 300 feet radius providing the City’s ordinance, link to the City’s website, 24-hour point of contact information and maximum number of occupants and parking spaces available.
Council discussion focused on #4 issue category (Overall STR Cap to Preserve Housing Stock) agreeing to set a maximum cap at 5% of total dwelling units; and accommodate existing STRs above the cap as needed. Councilmember Worden noted his concerns accommodating STRs above the cap.
Council discussion focused on #5 issue category (Limits on Concentration by Neighborhood)agreeing with Staff’s recommendations. Councilmember Worden noted importance of breaking Citywide overall limit by neighborhoods. Council further discussed STRs concentration and asked the Staff to come back with some policy options. Councilmember Gaasterland noted concerns for rental apartment building units becoming STRs and asked to consider for by-right and density bonuses projects to be precluded from having STRs.
Council discussion focused on #6 issue category (Limits on the Duration and Use of STR) recommendations and agreed to require a three-night minimum length of stay; prohibit special events; and specify the minimum age for rental to be 25 years of age.
Council further discussed and agreed with Staff’s recommendation for #7 issue category (Good Neighbor Policy) to identify good neighbor policies and establish a procedure; #8 issue category(Operational Requirements) to require compliance with existing legislation; and #8 issue category (Operational Requirements) to identify options for monitoring and enforcement.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 7:45 p.m. to 8:06 p.m.
ITEM 15: CITY COUNCIL CONSIDERATION OF FOLLOW UP ACTIONS PURSUANT TO THE
AGREEMENT FOR WITHDRAWAL OF THE REFERENDUM AGAINST CITY ORDINANCE 973 RELATING TO ALLOWABLE LAND USE AND DEVELOPMENT IN
THE NORTH COMMERCIAL ZONE INCLUDING SHORT TERM RENTALS AND CONDOMINIUM CONVERSIONS (CLERK’S FILE NO. 301-19, 302-7) City Council Regular Minutes
October 2, 2023
Mayor Martinez and Deputy Mayor Quirk were recused due to living within 500 feet of the subject matter of the discussion.
An introduction to the item was provided by Councilmember Gaasterland. An overview was provided by Principal Planner Amanda Lee.
Council questions focused on the timeline; possible conflicts of interest; and proponent’s submitted public comment.
There were no public speakers for this item.
Council discussion focused on process and timing and framework for Condominium Conversion to be brought back prior to beginning of 2024.
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER
GAASTERLAND TO DEFER ANY DECISIONS ON LIMITS FOR CONDOMINIUM CONVERSIONS AND STRs IN THE NC ZONE TO COINCIDE WITH THE CITYWIDE POLICY DISCUSSIONS AND
DECISIONS THAT ARE FORTHCOMING RELATED TO THOSE RESPECTIVE SPECIAL PROJECTS
IN PROCESS AND TO BRING BACK A TIMELINE FOR PROCESSING CONDOMINIUM
CONVERSIONS BY THE END OF THE YEAR WITH MAYOR MARTINEZ AND DEPUTY MAYOR QUIRK RECUSED. (VOTE 3-0-2)
Ayes: and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: Mayor Martinez and Deputy Mayor Quirk.
ITEM 16: APPROVAL OF CONCEPTUAL DESIGN FOR THE 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT (CLERK’S FILE NO. 102-4, 103-6)
An introduction to the item was provided by City Manager Ashley Jones. A presentation was provided by Project Manager II Martin Boyd and Engineer Geoffrey Retemeyer P.E. with Michael Baker International (MBI).
Council discussion focused on administrative design review process; access to the public; expanded driveway for the Lifeguards; whether unloading area would be available for the beach goers; whether the surface will be pervious; and whether the existing puddling on Ocean and 20th Street would be impacted.
There were no public speakers for this item.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY MAYOR MARTINEZ TO APPROVE THE CONCEPTUAL DESIGN FOR THE 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT. (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
ITEM 17: APPROVAL OF RECOMMENDED DESIGN ALTERNATIVE (PHASE I) AND TASK
ORDER WITH MICHAEL BAKER INTERNATIONAL TO PERFORM ENGINEERING DESIGN SERVICES (PHASE II) FOR THE HOSKA ALLEY PROJECT (CLERK’S FILE NO. 406-1)
City Council Regular Minutes
October 2, 2023
A presentation was provided by Project Manager II Martin Boyd and Engineer Geoffrey Retemeyer P.E. with Michael Baker International (MBI).
Council questions and discussion focused on surface improvements; drainage from the alley to the existing conveyance system at the intersection of Camino Del Mar and 9th Street and trash capture devices; impact on the 9th street drainage; slight increase in runoff to be accommodated in 9th street runoff area; public outreach and engagement; not recommending alternative 3 due to drywell system’s odor; underground piping through the existing encroachments; the anticipated timeline; issue of drainage catch basin discharging across private property located at 406 8th Street; proposed paved alley with center ribbon gutter due to limited right-of-way; public alley versus private alley definitions; handling of existing encroachments as part of the project; and clarification on the cost of the project.
There were no public speakers for this item.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY MAYOR MARTINEZ TO 1) APPROVE FURTHER DESIGN OF ALTERNATIVE 2 FROM THE PHASE I HOSKA ALLEY DEVELOPMENTAL ALTERNATIVES ANALYSIS; 2) APPROVE A $41,100 TASK ORDER WITH
MICHAEL BAKER INTERNATIONAL (MBI) TO PROCEED WITH PHASE II FINAL PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) FOR THE DEVELOPMENT OF HOSKA ALLEY; AND 3) AUTHORIZE THE CITY MANAGER TO EXECUTE THE TASK ORDER. (VOTE 5-0) Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
ITEM 18: CONSIDERATION OF CITY COUNCIL MEETING SCHEDULE CHANGE (CLERK’S FILE NO. 401-1)
A brief presentation was provided by Mayor Martinez.
Council questions and discussion focused on regular council meeting days for other cities; desire to align Del Mar’s meeting day with the majority of agencies in the region; whether and how this change would affect agenda process timing; and potential scheduling conflicts. As part of the Council discussion, Councilmember Gaasterland indicated that changing from a Monday to a Tuesday or Wednesday regular Council meeting day would not be possible at this time due to her current work schedule and obligations.
The Council decided to continue with the current meeting schedule, and agreed that this may be something to revisit in the future when/if possible based on Councilmember availability.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the Clean Energy Alliance; and Finance Committee.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 9:16 p.m.
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Nestor Machado, Management Analyst