CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
OCTOBER 16, 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 4:35 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 on the October 9, 2023, closed session that there were no legally reportable actions and that the City Council reports that a majority of the City Council voted to retain special counsel to oversee the continued investigation. City Attorney Leslie Devaney reported that there were no recusals or reportable actions for the October 16, 2023, City Council Closed Session meeting.
PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Martinez opened public oral communication and the following people spoke:
1) Carol Kerridge spoke regarding the Climate Change symposium on November 12, 2023 2) Terri-Ann Skelly spoke on behalf of San Dieguito Alliance for Drug Free Youth in support of Red Ribbon Week
3) Peggy Walker on behalf of San Dieguito Alliance for Drug Free Youth in support of Red Ribbon Week
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
None.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the San Diego Association of Governments (SANDAG) workshop held on October 4, 2023, to provide information to the public on the LOSSAN Rail Realignment Study/Project and the upcoming SANDAG virtual meeting on October 19, 2023, from 6:00 - 7:30 p.m.
City Council Regular Minutes
October 16, 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 DRUKER, SECONDED BY COUNCILMEMBER GAASTERLAND TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 4. (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: SEPTEMBER 29, 2023 SPECIAL MEETING, OCTOBER 2, 2023 SPECIAL MEETING, OCTOBER 9, 2023 SPECIAL MEETING (CLERK’S
MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED OCTOBER 16, 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: APPOINTMENT TO THE FINANCE COMMITTEE AND AMENDMENT TO COMMITTEE CHARTER RELATED TO MEMBERSHIP (CLERK’S FILE NO. 401-5)
Council reappointed Jeff Sturgis as a voting member to the Committee to serve a partial term of eighteen (18) months effective November 10, 2023, and ending on May 30, 2025; and adopted Resolution 2023-41, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AMENDING AND RESTATING THE FINANCE
COMMITTEE CHARTER TO REDUCE MEMBERSHIP SIZE FROM NINE TO SEVEN MEMBERS”, which will be accomplished over time through attrition, on consent.
ITEM 5: AGREEMENT WITH SCI CONSULTING GROUP FOR ASSESSMENT ENGINEERING SERVICES FOR SAN DIEGUITO DRIVE IMPROVEMENTS (CLERK’S FILE NO. 405-3, 406-1)
The item was pulled from the Consent Calendar for City Council questions. Council questions focused on whether a Proposition 218 process is required to form an assessment district; how general benefit will be assessed; and how the concept of general benefit applies to assessment districts.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY
COUNCILMEMBER GAASTERLAND TO APPROVE A $41,500 AGREEMENT WITH
SCI CONSULTING GROUP (SCI) TO PERFORM ASSESSMENT ENGINEERING SERVICES FOR IMPROVEMENTS TO SAN DIEGUITO DRIVE; AND AUTHORIZED THE CITY MANAGER TO EXECUTE THE AGREEMENT. (VOTE 5-0)
City Council Regular Minutes
October 16, 2023
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
PUBLIC HEARING
ITEM 6: CONTINUED FROM OCTOBER 2, 2023: INTRODUCTION OF AN ORDINANCE TO AMEND THE CITY’S ACCESSORY DWELLING UNIT REGULATIONS AND CERTIFIED LOCAL COASTAL PROGRAM (CLERK’S FILE NO. 303-1, 304-7, 401-4, 401-9)
An introduction to the item was provided by Planning and Community Development Director Karen Brindley. A presentation was provided by Principal Planner Amanda Lee. Assistant City Attorney Ralph Hicks and Associate Planner Adriana Jaramishian were available to answer City Council questions.
Council questions focused on where the public can find the City’s Local Coastal Program (LCP) on the City’s website; clarification on the history of the City’s LCP; whether the Accessory Dwelling Unit (ADU) ordinance previously adopted by the City Council is now void based on new State legislation; septic tanks; parking; tree protections; deed restrictions; whether the City can hold hearings for ADU applications; time constraints to process the required ADU ordinance; ADU height limits; public safety concerns; Federal Emergency Management Agency (FEMA) flood plain maps; potential reporting requirements related to ADU uses; whether the City can provide a courtesy notice to neighbors when an ADU application is submitted; noticing provisions in the proposed ordinance; ADU development in areas with narrow and deficient road widths; retaining walls; slopes; and whether the ordinance requires California Department of Housing and Community Development (HCD) approval.
Mayor Martinez opened the item to public comment and the following people spoke:
1) Richard Jamison with a donation of time from Dolores Davies Jamison 2) Nancy Stoke
3) John Imperato
4) Chic Sullivan
5) Julie Hamilton
6) Mark Wyland
Mayor Martinez closed the item to public comment.
Council discussion focused on the process and timing constraints for adoption of an ADU ordinance; California Environmental Quality Act (CEQA) as it relates to ADU regulations; desire for Council to see a redline of the proposed ordinance; relationship between the Coastal Act and State housing law; City’s LCP document and related amendments; deed restrictions; concerns about noticing, public safety and fire protection; and revisions to Ordinance Section 30.91.040(X) of the proposed ordinance as shown in the Staff red dot.
City Council consensus was for staff to return to City Council at a future meeting with the following information and amended proposed ordinance to incorporate recommendations included in the red dot submitted by resident Richard Jamison; incorporating Ordinance Section 30.91.040(X) as shown in the staff report; provide a red line version of the Ordinance and matrix showing the proposed changes to the ADU ordinance; provide information to the City Council on the City’s certified Local Coastal Program, including the original LCP and certified amendments.
City Council consensus was to prioritize adoption of ADU regulations and to defer short-term rental regulations to future City Council meetings likely in January 2024.
City Council Regular Minutes
October 16, 2023
ITEM 7: CONTINUED FROM OCTOBER 2, 2023: INTRODUCTION OF AN ORDINANCE TO
AMEND THE ACCESSORY DWELLING UNIT INCENTIVE PROGRAM TO IMPLEMENT HOUSING ELEMENT PROGRAM 2A (INCENTIVES TO CREATE LOW INCOME UNITS) AND PROGRAM 5A (PRESERVATION OF EXISTING MULTI-UNIT HOUSING) (CLERK’S FILE NO. 303-1, 304-7, 401-4)
This item was not heard by the City Council and will return to Council for consideration at the December 4, 2023, meeting.
ITEM 8: RESOLUTION DESIGNATING UTILITY UNDERGROUNDING DISTRICT (UUD) 1B – STRATFORD COURT NORTH (CLERK’S FILE NO. 406-1, 1001-2)
Councilmember Druker recused from participating in this agenda item due to living within 500 feet of the subject matter of the discussion. An introduction to the item was provided by City Manager Jones. A presentation was provided by Project Manager II Martin Boyd. City undergrounding consultant Bridget Black with Utility Specialists was available to answer questions.
Council questions and discussion focused on private property laterals and easements needed in the district as part of the project; whether there is opportunity to construct 1A, X1A, and IB at the same time; whether it is possible to include the poles on 10th Street for the 941 Camino del Mar project (paying in lieu fees) into the 1B project; and timeline for design and construction.
There were no public speakers for the item.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY MAYOR MARTINEZ TO ADOPT RESOLUTION 2023-42, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, ESTABLISHING AN UNDERGROUND UTILITY DISTRICT IN THE CITY OF DEL MAR, ON STRATFORD COURT (WEST OF CAMINO DEL MAR 11TH STREET TO JUST NORTH OF 15TH STREET (L’AUBERGE DEL MAR))”, IDENTIFIED AS UNDERGROUND UTILITY DISTRICT (UUD) 1B (STRATFORD COURT NORTH) SUBJECT TO CALIFORNIA PUBLIC UTILITIES COMMISSION (CPUC) RULE 20 IN ACCORDANCE WITH DEL MAR MUNICIPAL CODE SECTION
23.54.030; 2) ALLOCATE $445,000 IN FUNDING FROM THE MEASURE Q FUND FOR THE PRECONSTRUCTION ACTIVITIES FOR UUD 1B (STRATFORD COURT NORTH); 3) APPROVE A $439,747 TASK ORDER (ATTACHMENT B) WITH UTILITY SPECIALISTS SOUTHWEST, INC. TO PERFORM PRE-CONSTRUCTION SERVICES FOR UUD 1B (STRATFORD COURT NORTH); AND 4) AUTHORIZE THE CITY MANAGER TO EXECUTE THE TASK ORDER. (VOTE 4-0-1 WITH
COUNCILMEMBER DRUKER RECUSED)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Gaasterland and Worden; Noes:
0; Absent: 0; Abstain: Councilmember Druker.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 8:27 – 8:48 p.m.
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
City Council Regular Minutes
October 16, 2023
CITY COUNCIL OTHER BUSINESS
ITEM 9: INITIAL CONSIDERATION OF AN APPEAL OF THE CITY MANAGER’S APPROVAL OF ENCROACHMENT PERMIT EP22-101
EP APPELLANT: TANYA YOUNG AND MICHAEL MCMANUS
APPELLANT’S ADDRESS: 919 KLISH WAY (APN: 300-263-20) (CLERK’S FILE NO. 802-1)
City Attorney Leslie Devaney explained the protocols for the initial consideration. Councilmember Worden disclosed that he met with the appellant’s representative Attorney Matt Peterson at the site and read the agenda materials. Councilmember Gaasterland disclosed that she reviewed the agenda materials and met with appellant’s representative Attorney Matthew Peterson. Councilmember Druker disclosed that he visited the site, did not meet with the appellant or their representative, and that he was on the City Council in 2000 when the prior encroachment permit was approved for the property. Mayor Martinez disclosed that she met with the appellant Tanya Young and her representative Attorney Matt Peterson at the site. Deputy Mayor Quirk disclosed that he met with Attorney Matthew Peterson and Tanya Young at the site.
A presentation was provided by Principal Planner Matt Bator. Assistant City Attorney Ralph Hicks was available to answer questions.
Council questions focused on whether it is standard for the City to require an encroachment permit to remove vegetation and the scope of the hearing should the City Council set the item for a de novo hearing.
The appellant’s representative Attorney Matthew Peterson provided a presentation.
Mayor Martinez opened the item to public comment and the following people spoke:
1) Mary Friestedt spoke in support of the appellant
2) John McNulty spoke in support of staff’s recommendation 3) Alana McNulty spoke in support of staff’s recommendation 4) Carol Kerridge spoke to provide history on the site
5) Nicholas Frost spoke in support of the appellant
6) Alice Brown spoke in support of the appellant
7) Tanya Scheiderman spoke in support of the appellant
Mayor Martinez closed the item to public comment.
City Attorney Leslie Devaney provided clarification that the de novo hearing would be specific to the revised minor encroachment permit. Planning and Community Development Director Karen Brindley provided an explanation of the process for a major encroachment permit application. Council questions focused on public safety and flooding issues.
Mayor Martinez and Councilmembers Gaasterland and Worden indicated they would like to set the item for a de novo hearing, which exceeded the threshold of two members in support in order to set the matter for a de novo hearing.
ITEM 10: CONTINUED FROM OCTOBER 2, 2023: ADOPTION OF A CITY COUNCIL POLICY TO IMPLEMENT HOUSING ELEMENT PROGRAM 2B (ACCESSORY DWELLING UNIT AMNESTY PROGRAM TO CREATE AFFORDABLE UNITS) (CLERK’S FILE NO. 303- 1, 304-7)
City Council Regular Minutes
October 16, 2023
This item was not heard by the City Council and will return to Council for consideration at the December 4, 2023, meeting.
ITEM 11: UNDERGROUNDING PROGRAM UPDATE AND APPROVAL OF TASK ORDER AMENDMENTS WITH UTILITY SPECIALISTS SOUTHWEST, INC. FOR UTILITY UNDERGROUNDING DISTRICTS 1A - STRATFORD COURT SOUTH AND X1A - CREST CANYON PRE-CONSTRUCTION SERVICES (CLERK’S FILE NO. 406-1, 1001- 2)
City Attorney Devaney provided an overview of the conflict analysis for this agenda item. Councilmember Druker and Gaasterland were recused from asking questions or voting on the task order related to Undergrounding District 1A due to the location of their residences in the project area; however, they were permitted to receive the informational update from staff. An introduction to the item was provided by Project Manager Boyd. City consultant Bridget Black with Utility Specialists was available to answer questions.
Council questions focused on the difference in the planned outreach/communications on the Tewa/10th Street pilot project and Utility Undergrounding Districts 1A and X1A projects; cost estimates per linear foot; estimated project costs; required public bidding process; communications plan; and project timeline.
There were no public speakers for the item.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY COUNCILMEMBER DRUKER TO APPROVE A $67,100 TASK ORDER AMENDMENT (ATTACHMENT B) WITH UTILITY SPECIALISTS SOUTHWEST, INC. FOR ADDITIONAL PRE-CONSTRUCTION SERVICES FOR THE UTILITY UNDERGROUNDING DISTRICT X1A (CREST CANYON) PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE TASK ORDER AMENDMENT. (VOTE 5-0) Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY MAYOR MARTINEZ TO APPROVE A $32,800 TASK ORDER AMENDMENT (ATTACHMENT A) WITH UTILITY SPECIALISTS SOUTHWEST, INC. FOR ADDITIONAL PRE-CONSTRUCTION SERVICES FOR THE UTILITY UNDERGROUNDING DISTRICT 1A (STRATFORD COURT SOUTH) PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE TASK ORDER AMENDMENT. (VOTE 3-0-2 WITH COUNCILMEMBERS DRUKER AND GAASTERLAND RECUSED.)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmember Worden; Noes: 0; Absent: 0; Abstain: Councilmembers Druker and Gaasterland (recused).
ITEM 12: ADOPTION OF THE 2024 CITY COUNCIL MEETING SCHEDULE (CLERK’S FILE NO. 401-1)
This item was not heard by the City Council and was moved to the November 13, 2023, City Council meeting for consideration.
EXTENSION OF CITY COUNCIL MEETING PAST 10:00 P.M.
City Council Regular Minutes
October 16, 2023
IT WAS MOVED BY COUNCILMEMBER WORDEN TO EXTEND THE MEETING UTIL 10:15 P.M.
MAYOR MARTINEZ SECONDED THE MOTION AND INTRODUCED A FRIENDLY AMENDMENT TO EXTEND THE MEETING UNTIL THE COMPLETION OF ITEM 13, WHICH COUNCILMEMBER WORDEN ACCEPTED. (VOTE 5-0)
Ayes: Mayor Martinez, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
ITEM 13: COUNCIL DISCUSSION REGARDING EXPECTATIONS FOR COUNCILMEMBER
COMMUNICATIONS RELATED TO PUBLIC EXPRESSION OF PERSONAL VIEWS (CLERK’S FILE NO. 401-1, 1506-1)
A presentation was provided by Councilmembers Druker and Gaasterland.
Mayor Martinez opened the item to public comment and Clive Freeman spoke.
Council discussion focused on the expectations of Councilmembers related to their public expression of personal views and the critical importance of disclosing when you are speaking as an individual and not on behalf of the City Council.
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY MAYOR MARTINEZ TO
AUTHORIZE COUNCILMEMBERS DRUKER AND GAASTERLAND TO SEND A CLARIFICATION LETTER TO SANDAG AND FOR THEM TO WORK WITH STAFF TO BRING BACK A POLICY. (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.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 10:15 p.m.
Sarah Krietor, Administrative Services Manager/
City Clerk