CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
NOVEMBER 13, 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 Deputy Mayor Quirk was absent for the November 13, 2023, Closed Session and that Mayor Martinez was recused from Item A(1) due to living within 500 feet of the subject matter of that discussion. There were no reportable actions for any items on the November 13, 2023, closed session agenda.
PLEDGE OF ALLEGIANCE
Girl Scout Troop 2216 led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
None.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
None.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported that the San Diego Association of Governments (SANDAG) is holding office hours related to the LOSSAN Rail Realignment project at City Hall every Tuesday from 9:00 a.m. to 6:00 p.m. in the Breezeway South Conference Room; upcoming Accessory Dwelling Unit (ADU) items returning to City Council on December 4, 2023, including introduction of the ordinances and adoption of a resolution to create new ADU regulations, an ADU Amnesty Program, and incentives to create low-income units; short term rental policy framework returning to Council on January 22, 2024; and beach colony pedestrian improvement project construction starting on November 14, 2023, along Coast Boulevard between 17th and 21st Street.
City Council Regular Minutes
November 13, 2023
PRESENTATIONS
ITEM 1: RE:BEACH CITY OF OCEANSIDE COASTAL RESILIENCE PROJECT (CLERK’S FILE NO. 1404-1, 1505-7)
Mayor Martinez introduced the item. A presentation was provided by City of Oceanside Coastal Zone Administrator Jayme Timberlake. Councilmember Worden commented on the process as a member of the RE:BEACH jury.
City Council questions and discussion focused on the status and projected cost of the project; role of the jury; whether the project can be applied to other jurisdictions and portions of the coastline outside of the City of Oceanside; volume of sand at the Camp Pendleton beaches; and whether the RE:BEACH project has contemplated using sand collected from behind damns in the area for sand replenishment.
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 DRUKER, SECONDED BY COUNCILMEMBER GAASTERLAND TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 7, 9 THROUGH 13. (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: OCTOBER 2, 2023 REGULAR MEETING, OCTOBER 16, 2023 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK) Council approved the minutes, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED NOVEMBER 13, 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: LEASE AGREEMENT WITH THE NORTH COUNTY TRANSIT DISTRICT FOR PARCEL 299-100- 33-00 (TRAILHEAD PARKING LOT) (CLERK’S FILE NO. 406-1, 1506-20)
City Council Regular Minutes
November 13, 2023
Councilmember questions focused on the leased area; authorized uses of the area; and whether there are time restrictions for use of parking spaces in the lot.
Council approved a ten-year lease agreement with the North County Transit District (NCTD) for Parcel 299-100-3300 (Trailhead Parking Lot); authorized the City Manager to execute the Lease Agreement; 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 6: RESOLUTION RE-AFFIRMING THE DECLARATION OF A CLIMATE EMERGENCY FOR THE CITY OF DEL MAR (CLERK’S FILE NO. 1403-4) Council adopted Resolution 2023-43, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DEL MAR, CALIFORNIA, REAFFIRMING THE DECLARATION OF A
CLIMATE EMERGENCY AND THE NEED FOR ACCELERATED ACTION TO ADDRESS THE CLIMATE CRISIS”, on consent.
ITEM 7: SCOPE OF WORK WITH THE SOLANA CENTER FOR ENVIRONMENTAL
INNOVATION FOR ORGANICS RECYCLING COMPLIANCE SUPPORT SERVICES (CLERK’S FILE NO. 906-9)
Council approved a scope of work totaling $38,000 with Solana Center for Environmental Innovation (Solana Center) for Organics Recycling Compliance Support Services under an existing agreement between the Solana Center and the Regional Solid Waste Association (RSWA) Joint Powers Authority, of which the City is a member agency, and authorized the City Manager to execute the required documents, on consent.
ITEM 8: AWARD OF CONSTRUCTION CONTRACT TO BALI CONSTRUCTION, INC. FOR THE 2023 WATER, WASTEWATER, PAVEMENT, AND STORM DRAIN PROJECT (CLERK’S FILE NO. 406-1)
The item was pulled from the Consent Calendar for a brief presentation and City Council questions. Principal Engineer Karen Falk provided a presentation. City Council questions focused on the number of bids received; how the projects were identified and whether they align with the street assessment that are underway; and scope of re-paving included in the project.
There were no public speakers for this item.
IT WAS MOVED BY COUNCILMEMEBER DRUKER, SECONDED BY DEPUTY MAYOR QUIRK FOR COUNCIL TO AWARD A $1,675,555 CONSTRUCTION CONTRACT TO BALI CONSTRUCTION, INC. FOR THE 2023 WATER, WASTEWATER, PAVEMENT, AND STORM DRAIN PROJECT; AWARD A
$136,340 TASK ORDER TO DUDEK FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES; APPROVE A 10% PROJECT CONTINGENCY OF $167,525; AUTHORIZE THE CITY MANAGER TO EXECUTE THE REQUIRED City Council Regular Minutes
November 13, 2023
DOCUMENTS AND ANY CONTRACT CHANGES NECESSARY TO COMPLETE THE WORK; AND AMEND THE FISCAL YEAR 2023-2024 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: UPDATE ON THE HOUSING ELEMENT IMPLEMENTATION WORK PROGRAM (CLERK’S FILE NO. 304-7)
Council questions focused on City’s approach with the California Department of Housing and Community Development; clarification on the deadlines included in the work plan; and further explanation of an exclusive negotiating rights agreement.
Council received the update on the Housing Element Work Program, on consent.
ITEM 10: APPROVAL TO PURCHASE FIREFIGHTER SELF CONTAINED BREATHING APPARATUS AND RAPID INTERVENTION TEAM PACKS (CLERK’S FILE NO. 1101-8 )
Council authorized the purchase and replacement of critical fire equipment including (10) Self Contained Breathing Apparatus (SCBAs), (1) Rapid Intervention Team Packs, and related accessories totaling $122,445.77 from Municipal Emergency Services (MES); authorized the City Manager to execute the necessary documents; and amended the Fiscal Year 2023-2024 Operating and Capital Budget as described in the Fiscal Impact section of this report, on consent.
ITEM 11: PURCHASE OF MOBILE DATA COMPUTERS, OPERATING SOFTWARE, ACCESSORIES, AND INSTALLATION FOR EMERGENCY VEHICLES (CLERK’S FILE NO. 1101-8)
Council approved the purchase and installation of two (2) Mobile Data Computers (MDCs), Tablet Command Operating Software, Accessories for the MDCs, Installation into the Fire Engine, and amended the Fiscal Year 2023-2024 Operating and Capital Budget as described in the Fiscal Impact section of this report, on consent.
ITEM 12: LAGOON COMMITTEE APPOINTMENT AND CHARTER AMENDMENT (CLERK’S FILE NO. 401-5)
Council re-appointed Udo Wahn as a voting member of the Lagoon Committee to serve a second full three-year term starting November 1, 2023, and ending on November 30, 2026; and adopted Resolution 2023-44, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING AND
RESTATING THE LAGOON COMMITTEE CHARTER TO REDUCE MEMBERSHIP SIZE FROM NINE TO SEVEN MEMBERS AND CONVERT THE EX-OFFICIO, NONVOTING MEMBER TO A VOTING MEMBER”, on consent.
City Council Regular Minutes
November 13, 2023
PUBLIC HEARING
ITEM 13: INTRODUCTION OF AN ORDINANCE REGULATING BALLOONS FILLED WITH A GAS LIGHTER THAN AIR (CLERK’S FILE NO. 401-4, 401-9, 1403-4) Mayor Martinez opened the public hearing for public comment and the following people spoke:
1) Eugene Swiech
2) Jefferey Lehman
Margit Boyesen, Janis Jones, Mark O’Connor, and Leslie Rapp submitted speaker slips in support of the proposed ordinance.
Mayor Martinez closed the public hearing. The ordinance was introduced, on consent.
ITEM 14: ENCROACHMENT PERMIT EP23-073 – REQUEST TO RETAIN UNPERMITTED FENCING, ENTRY ARBOR, AND LANDSCAPING WITHIN THE PUBLIC RIGHTOF-WAY AT 157 6TH STREET (APPLICANT: ARTURO VIVAR) (CLERK’S FILE NO. 802-1)
Councilmember Gaasterland was recused 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 Limited-Term Senior Management Analyst Beth Murray.
Council questions focused on whether parking is allowed in the area; location of the Torrey Pines tree shown on the site map; and clarification on the City’s prior development approvals related to the property.
The applicant Arturo Vivar provided a presentation.
There were no public speakers for the item.
Council discussion focused on the scope of the public hearing before the Council this evening.
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY DEPUTY MAYOR QUIRK TO ADOPT RESOLUTION 2023-45, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, DENYING ENCROACHMENT PERMIT EP23-073 REQUESTING TO
RETAIN EXISTING UNPERMITTED FENCING, ENTRY ARBOR, AND LANDSCAPING WITHIN THE PUBLIC RIGHT-OF-WAY ADJACENT TO 157 6TH STREET IN DEL MAR, CALIFORNIA”, BASED ON THE PROJECT’S NON-COMPLIANCE WITH THE DEL MAR MUNICIPAL CODE (DMMC) AND CITY COUNCIL POLICY 110 - PRIVATE ENCROACHMENTS INTO CITY RIGHTSOF-WAY. (VOTE 4-0-1 WITH COUNCILMEMBER GAASTERLAND RECUSED) Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, and Worden; Noes: 0;
Absent: 0; Abstain: Councilmember Gaasterland (Recused).
CITY COUNCIL OTHER BUSINESS
City Council Regular Minutes
November 13, 2023
ITEM 15: PROPOSED DEL MAR GUIDING PRINCIPLES REGARDING THE LOSSAN RAIL REALIGNMENT PROJECT (CLERK’S FILE NO. 1005-2)
A presentation was provided by Councilmembers Druker and Gaasterland.
Mayor Martinez opened the item to public comment and the following people spoke:
1) Betsy Milich
2) Brian Milich
3) John Stahl
4) Clive Freeman
5) Peter Cramton
6) Eugene Swiech
7) Steve Quirk
8) Tim Davis
9) Steven Crowe
10)Camillia Rang
Mayor Martinez closed the item to public comment.
Council questions and discussion focused on whether freight and passenger trains will be carbon neutral in the future; clarification that the SANDAG LOSSAN rail alignment options have not been finalized; suggestions to amend the guiding principles made during public comment and submitted by red dot; whether it is feasible for the City to partner with San Clemente to consider rail relocation; timing for a cost benefit analysis for the LOSSAN Rail Realignment project; purpose of the guiding principles; whether the California Environmental Quality Act (CEQA) applies to private properties; and desire to add a guiding principle related to the Del Mar Fairgrounds.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY COUNCILMEMBER
DRUKER TO ADOPT THE GUIDING PRINCIPLES WITH AMENDMENTS THAT WERE DISCUSSED. (VOTE 4-1-0 WITH DEPUTY MAYOR QURK OPPOSED)
Ayes: Mayor Martinez, and Councilmembers Druker, Gaasterland and Worden; Noes: Deputy Mayor Quirk; Absent: 0; Abstain: 0.
City Council consensus was for Mayor Martinez and Councilmember Gaasterland to work with City Manager Jones to draft an additional guiding principle related to the Del Mar Fairgrounds for City Council consideration at the December 18, 2023, meeting.
ITEM 16: ADOPTION OF THE 2024 CITY COUNCIL MEETING SCHEDULE (CLERK’S FILE NO. 401-1)
An introduction to the item was provided by City Manager Jones.
There were no public speakers for the item.
Council discussion focused the timing for the Council’s summer recess and the practices of other agencies and local jurisdictions.
City Council Regular Minutes
November 13, 2023
IT WAS MOVED BY DEPUTY MAYOR QUIRK, SECONDED BY MAYOR MARTINEZ TO ADOPT RESOLUTION 2023-46, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, DESIGNATING REGULAR MEETINGS OF THE CITY COUNCIL FOR THE 2024 CALENDAR YEAR”. (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
None. The City Council agreed to defer these reports to the December 4, 2023, Council meeting.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 8:27 p.m.
Sarah Krietor, Administrative Services Manager/
City Clerk