CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
DECEMBER 4, 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 4:31 p.m.
ROLL CALL
Present: Mayor Tracy Martinez; Deputy Mayor Dan Quirk; Councilmembers Dave Druker, Terry Gaasterland, and Dwight Worden
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) Mark O’Connor on behalf of the Surfrider Foundation thanked the City Council for the adoption of the Lighter Than Air Balloon ordinance.
2) Clive Freeman spoke regarding the LOSSAN corridor and San Diego Association of Governments (SANDAG) Del Mar rail realignment.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Worden spoke about the upcoming SANDAG Shoreline Protection Working Group meeting and presentation on December 7, 2023, and the California Coastal Commission public testimony on December 14, 2023, at 9:00 am. Councilmember Druker spoke about the Del Mar Village Association Christmas tree lighting that occurred on December 3, 2023; and upcoming Red Nose Run on December 9, 2023, at 1:00 pm and the Penguin Plunge on January 1, 2024. Deputy Member Quirk spoke about the upcoming California Senate Subcommittee meeting focused on LOSSAN corridor rail improvements scheduled for December 11, 2023, in San Clemente. Mayor Martinez spoke about her personal efforts to provide registrations for 50 marines to participate in the Red Nose Run event.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported that as part of the City’s certified Housing Element, Program 6G, the City will be creating Objective Design Standards. A kickoff workshop with the City’s Planning Commission and Design Review Board will be held on December 6, 2023, at 5:00 in the Del Mar Town Hall. She also reported that SDG&E has completed the last major component of their Del Mar Reconfiguration Project and that they sent a letter expressing gratitude to the City and Del Mar residents for their patience and support.
City Council Regular Minutes
December 4, 2023
CONSENT CALENDAR
Senior Management Analyst Kseniia Izgarskaia 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 6. (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: APPROVAL OF MINUTES: NOVEMBER 13, 2023 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED DECEMBER 4, 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: APPROVAL OF THE 2024 ADVISORY COMMITTEE MEETING SCHEDULE (CLERK’S FILE NO. 401-5)
Council approved the 2024 Advisory Committee Meeting Schedule, on consent.
ITEM 5: SECOND READING AND ADOPTION OF AN ORDINANCE REGULATING BALLOONS FILLED WITH A GAS LIGHTER THAN AIR (CLERK’S FILE NO. 401-4, 401-9, 1403-4) Council adopted Ordinance 1001, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA ADDING CHAPTER 11.48 TO THE DEL MAR
MUNICIPAL CODE PROHIBITING THE USE, SALE AND DISTRIBUTION OF BALLOONS FILLED WITH A GAS LIGHTER THAN AIR”, on consent.
ITEM 6 THIRD AMENDMENT TO THE AGREEMENT WITH MSC JANITORIAL SERVICES, INC. FOR JANITORIAL SERVICES (CLERK’S FILE NO. 406-1)
Council approved the Third Amendment to the City’s Janitorial Services Agreement (Agreement) with MSC Janitorial Services Inc. to amend the fee schedule; and authorized the City Manager to execute the Third Amendment, on consent.
PUBLIC HEARING
ITEM 7: UTILITY UNDERGROUNDING DISTRICT 1A – STRATFORD COURT SOUTH PROJECT PRE-BID UPDATE, APPROVAL OF DESIGN REVIEW PERMIT DRB23-024 AND LAND CONSERVATION PERMIT LC23-014, AND APPROVAL OF TASK ORDER City Council Regular Minutes
December 4, 2023
AMENDMENT FOR UTILITY SPECIALISTS SOUTHWEST, INC. (CLERK’S FILE NO. 1001-2)
An introduction to the item was provided by City Manager Jones who reminded the City Council about the procedures regarding Councilmembers voting and abstaining for this item based on Council recusals due to proximity of their residences to Undergrounding Utility District 1A. A presentation was provided by Project Manager II Martin Boyd and Associate Planner Jennifer Gavin.
Council questions and discussion focused on the definition of “go-when-ready”; project schedule; and estimated number of linear feet for trenches.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER GAASTERLAND TO AUTHORIZE CITY CONSTRUCTION FOR UUDS 1A & X1A TO PROCEED ON A GO-WHEN-READY SCHEDULE. (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
Councilmembers Druker and Gaasterland were recused from discussing UUD 1A due to the 500 feet proximity to the project location. Council questions and discussion focused on project timing; preconstruction process; construction bid process and estimated costs; future private easements; contingency estimates; resident communications; funding sources for project related paving; and bid packet line item alternates.
Mayor Martinez opened the item to public comment and Mary McGuire spoke.
Mayor Martinez closed the item to public comment.
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY MAYOR MARTINEZ TO ADOPT RESOLUTION 2023-47, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA APPROVING DESIGN REVIEW PERMIT DRB23-024, AND LAND CONSERVATION PERMIT LC23-014 TO PERFORM CUT GRADING AND INSTALL NEW RETAINING WALLS WITHIN THE RIGHT OF WAY ADJACENT TO THE PROPERTIES AT 639, 717, AND 1105 STRATFORD CT AND 215 9TH STREET DEL MAR, CALIFORNIA, IN ORDER TO LOCATE REQUIRED UTILITY FACILITIES ASSOCIATED WITH THE 1A UTILITY UNDERGROUNDING”. (VOTE 3-0, WITH
COUNCILMEMBERS DRUKER AND GAASTERLAND RECUSED)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmember Worden; Noes: 0; Absent:
Councilmembers Druker and Gaasterland (recused); Abstain: 0.
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY MAYOR MARTINEZ TO APPROVE A $71,178 TASK ORDER AMENDMENT WITH UTILITY SPECIALISTS SOUTHWEST, INC.
FOR ADDITIONAL PRE-CONSTRUCTION SERVICES FOR UUD 1A AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE TASK ORDER AMENDMENT. (VOTE 3-0, WITH COUNCILMEMBERS
DRUKER AND GAASTERLAND RECUSED)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmember Worden; Noes: 0; Absent:
Councilmembers Druker and Gaasterland (recused); Abstain: 0.
City Council Regular Minutes
December 4, 2023
ITEM 8: RE-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 City Manager Jones. A presentation was provided by Principal Planner Amanda Lee, Assistant City Attorney Ralph Hicks, and Planning and Community Development Director Karen Brindley.
Council questions focused on owner occupancy requirements; no-variance provision; basement permit approvals; retaining wall standards; the language regarding the anticipated lifetime of the structure; the factors that could trigger design review; whether Accessory Dwelling Unit (ADU) walls could be subject to ADU standards; and as parking standards.
Mayor Martinez opened the item to public comment and the following people spoke:
1) Julie Hamilton with a donation of time from Nancy Stoke 2) Rich Jamison
3) Michael Corbosiero
4) Alice Sullivan
Mayor Martinez closed the item to public comment.
Council discussion focused on the State regulations that the City is required to meet; whether or not the City has the ability to deny individual ADU projects if they pose a safety hazard or other public health hazards such as the high wild fire risk zone; possibility of re-wording the language identified by some members of the public as implicitly related to managed retreat; and emphasized the importance of complying with the Coastal Act and protection of ocean views.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER
GAASTERLAND TO INTRODUCE THE REVISED ORDINANCE TO REPEAL AND REPLACE THE CITY’S ACCESSORY DWELLING UNIT (ADU) REGULATIONS WITHIN DEL MAR MUNICIPAL CODE (DMMC) CHAPTER 30.91 AND AMEND RELATED CODE REGULATIONS IN THE CITY’S ZONING CODE AND CERTIFIED LOCAL COASTAL PROGRAM (LCP) BY ZONE CODE AMENDMENT (ZA22- 001) AND LCP AMENDMENT (LCPA22-001) AS REQUIRED TO DEMONSTRATE COMPLIANCE
WITH STATE LAW (CALIFORNIA GOVERNMENT CODE AND CALIFORNIA COASTAL ACT) AND IMPLEMENT VARIOUS HOUSING PROGRAMS IN THE CITY’S CERTIFIED HOUSING ELEMENT, INCLUDING PROGRAMS 2A (ADU INCENTIVE PROGRAM), 2B (ADU AMNESTY PROGRAM), AND 2F (TINY HOMES). THE MOTION INCLUDED TWO CHANGES THAT WERE READ INTO THE RECORD TO AMEND SECTION 30.91.040(D)(4) AND (X)(1) TO READ AS FOLLOWS:
SECTION 30.91.040(D)(4) - ALL NEW RESIDENTIAL DEVELOPMENT MUST PROVIDE ADEQUATE
ACCESS FOR EMERGENCY RESPONSE EQUIPMENT AND PERSONNEL TO ENSURE PUBLIC SAFETY FOR ITS RESIDENTS. CONSISTENT WITH FIRE PROTECTION ACCESS REQUIREMENTS
APPLICABLE TO ALL RESIDENTIAL DEVELOPMENT IN THE CITY, A MINIMUM OF SIX FEET BETWEEN ANY BUILDINGS SHALL BE MAINTAINED.
SECTION 30.91.040(X)(1) - DEVELOPMENT SHALL BE LOCATED AND DESIGNED, INCLUDING
ELEVATION AND FLOOD PROOFING, TO MINIMIZE FLOOD DAMAGE AND AVOID FLOOD HAZARDS.
(VOTE 5-0)
City Council Regular Minutes
December 4, 2023
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 8:07 p.m. to 8:25 p.m.
ITEM 9: INTRODUCTION OF AN ORDINANCE TO AMEND THE ACCESSORY DWELLING
UNIT INCENTIVE PROGRAM TO CREATE LOW INCOME UNITS (HOUSING ELEMENT PROGRAM 2A) AND PRESERVE EXISTING MULTI-UNIT HOUSING (HOUSING ELEMENT PROGRAM 5A) (CLERK’S FILE NO. 303-1, 304-7, 401-4) An introduction to the item was provided by Mayor Tracy Martinez. A presentation was provided by Principal Planner Amanda Lee.
Council questions focused on regulations regarding access to each ADU; requiring design review; and concerns about the possibility to rebuild with a higher number of units, triggers for density bonus law, view protection, possible sale of the low-income units, and mechanisms for co-ops.
There were no public speakers for the item.
Council discussion focused on potential tax incentives for the ADU component; height and setbacks requirements to maintain the floor area ration (FAR); circumstances in which design review would be required; need for staff to return to Council once 15-unit objective has been met; concerns regarding possible rebuild with a higher number of apartment units; and incentives for zones and different circumstances.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER WORDEN
TO INTRODUCE AN ORDINANCE AMENDING THE EXISTING ACCESSORY DWELLING UNIT
INCENTIVE PROGRAM TO IMPLEMENT THE CERTIFIED HOUSING ELEMENT TO CREATE AT
LEAST FIFTEEN LOW-INCOME UNITS AND PRESERVE EXISTING MULTI-UNIT HOUSING
THROUGHOUT THE CITY, WITH AMENDMENTS OF TWO CHANGES THAT WERE READ INTO THE RECORD AS FOLLOWS:
1) TO REQUIRE DESIGN REVIEW BOARD REVIEW OF BONUS UNIT DEVELOPMENT THAT
INVOLVES CONSTRUCTION OF A NEW STRUCTURE OR REMODEL OF THE EXISTING
STRUCTURE THAT INVOLVES RELOCATION, ALTERATION, OR MODIFICATION OF THE EXTERIOR OF ANY STRUCTURE FOR INCENTIVE PROGRAM APPLICATIONS ON MULTIDWELLING UNIT LOTS, PRIOR TO APPROVAL OF THE ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT; AND
2) IDENTIFY A COMMITMENT FOR STAFF TO RETURN TO CITY COUNCIL ONCE 15 LOWINCOME UNITS HAVE BEEN CREATED BY THE PROGRAM TO EVALUATE AND DISCUSS NEXT STEPS.
(VOTE 4-1, WITH COUNCILMEMBER GAASTERLAND OPPOSED)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker and Worden; Noes:
Councilmember Gaasterland; Absent: 0; Abstain: 0.
City Council Regular Minutes
December 4, 2023
CITY COUNCIL OTHER BUSINESS
ITEM 10: ADOPTION OF A CITY COUNCIL POLICY TO IMPLEMENT AN ACCESSORY
DWELLING UNIT AMNESTY PROGRAM TO CREATE AFFORDABLE UNITS IN COMPLIANCE WITH HOUSING ELEMENT PROGRAM 2B (CLERK’S FILE NO. 303-1, 304-7)
An introduction to the item was provided by City Manager Ashley Jones. A presentation was provided by Principal Planner Amanda Lee.
Council questions focused on unit construction date requirements of the policy; fee structure (fines) for non-compliance; potential lien on the property for non-compliance; avenues for remedial actions for illegal ADUs; and accommodation for the existing structures wouldn’t need to go to the Design Review Board.
There were no public speakers for the item.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER GAASTERLAND TO ADOPT RESOLUTION 2023-48, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DEL MAR, CALIFORNIA, ADOPTING A CITY COUNCIL POLICY ESTABLISHING AN ACCESSORY DWELLING UNIT (ADU) AMNESTY PROGRAM TO IMPLEMENT THE 6TH CYCLE HOUSING ELEMENT PROGRAM 2B” (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
VOTE TO CONTINUE MEETING
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER GAASTERLAND TO CONTINUE THE MEETING THROUGH COMPLETION OF NEXT ITEM. (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
ITEM 11: COUNCIL CONSIDERATION TO CENSURE DEPUTY MAYOR QUIRK FOR FAILING
TO PROVIDE PROPER DISCLOSURE AND TRANSPARENCY IN PUBLIC COMMUNICATIONS (CLERK’S FILE NO. 101-2, 401-1)
A presentation was provided by Councilmembers Dave Druker and Terry Gaasterland.
Council questions focused on the Del Mar Municipal Code and other City regulations or policies related to Councilmember communications with the public, press and outside agencies and standard practice to provide disclosure when presenting personal views that may conflict with the official City Council position.
Mayor Martinez opened the item to public comment and the following people spoke:
1) Clive Freeman
2) Briana Minadeo
3) Steve Quirk
Mayor Martinez closed the item to public comment.
City Council Regular Minutes
December 4, 2023
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 COUNCILMEMBER DRUKER TO ADOPT RESOLUTION 2023-49, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, CENSURING DEPUTY MAYOR DAN QUIRK FOR FAILING TO PROVIDE
PROPER DISCLOSURE AND TRANSPARENCY IN PUBLIC COMMUNICATIONS AND FOR INAPPROPRIATE USE OF PUBLIC RESOURCES”, LEADING TO CONFUSION AND PERCEIVED MISREPRESENTATION OF CITY VIEWS AND POSITIONS ON IMPORTANT PUBLIC TOPICS. (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 10:36 p.m.
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Kseniia Izgarskaia, Senior Management Analyst