CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
DECEMBER 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 there were no reportable actions for the December 18, 2023, City Council Closed Session meeting. Deputy Mayor Quirk was absent for all of closed session and Councilmember Gaasterland arrived late at 3:25 p.m. She reported that for Item A2 Mayor Martinez and Deputy Mayor Quirk were 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
None.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Worden reported on the recent California Coastal Commission workshop related to housing and short-term rental regulations and work by members of the community and others to reestablish an osprey nesting location as a result of a removed San Diego Gas & Electric (SDG&E) pole.
Councilmember Druker reported on the Red Nose Run on December 9, 2023, attended by Councilmember Druker and Mayor Martinez. Deputy Mayor Quirk reported on the San Clemente LOSSAN Rail Line meeting he recently attended. Mayor Martinez reported on the San Diego Housing Emergency Alliance Homeless Persons’ Memorial event to be held at the Fairgrounds on December 21, 2023 from 3:00 p.m. to 7:00 p.m.
CITY MANAGER’S REPORT
City Manager Ashley Jones provided an update on the annual turf renovation work at City parks and public spaces, which includes the closure of Powerhouse Park for more extensive repair work through January 5, 2024; and reported on upcoming City facility holiday closures; December 6, 2023 public workshop of the Design Review Board and Planning Commission on the development of objective design standards; and opportunities to serve on the Design Review Board and various City advisory committees.
City Council Regular Minutes
December 18, 2023
Community Services Director/Lifeguard Chief Jon Edelbrock on the upcoming annual Penguin Plunge that will take place on New Year’s Day, January 1, 2024.
PRESENTATIONS
ITEM 1: PROCLAMATION RECOGNIZING LARRY BROOKS FOR HIS VOLUNTEER SERVICE TO THE COMMUNITY OF DEL MAR (CLERK’S FILE NO. 1201-5)
Mayor Martinez read the proclamation honoring Larry Brooks.
Mayor Martinez opened the item to public comment and Suzi Resnik spoke.
Mayor Martinez closed the item to public comment.
Council discussion focused on Larry’s responsible citizenship; his work for Del Mar Community Connections; appreciation for Larry and the Del Mar Historical Society; and Larry’s prior work on the City’s Airport Advisory Committee.
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 WORDEN TO APPROVE THE CONSENT CALENDAR ITEMS 2-6, 8-10, 12 and 13. (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 DRUKER, SECONDED BY COUNCILMEMBER WORDEN TO APPROVE THE CONSENT CALENDAR ITEMS 7. (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.
ITEM 2: APPROVAL OF MINUTES: DECEMBER 4, 2023 REGULAR MEETING (CLERK’S
MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED DECEMBER 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.
City Council Regular Minutes
December 18, 2023
ITEM 5: APPROVAL FOR ADDITIONAL WATER QUALITY MONITORING FOR SAN DIEGUITO LAGOON (CLERK’S FILE NO. 1405-1)
Carol Kerridge spoke in support of the additional monitoring. Council approved additional San Dieguito Lagoon water quality monitoring as recommended by the City of Del Mar’s Lagoon Committee, on consent.
ITEM 6: SECOND READING AND ADOPTION 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)
Council adopted Ordinance 1002, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, REPEALING AND REPLACING THE DEL MAR MUNICIPAL CODE CHAPTER 30.91 ACCESSORY DWELLING UNIT (ADU) REGULATIONS; AND AMENDING RELATED SECTIONS IN THE DEL MAR MUNICIPAL
CODE AND LOCAL COASTAL PROGRAM (LCP) ALL RELATING TO THE
HARMONIZATION OF ADU REGULATIONS IN THE CALIFORNIA GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22 WITH THE CALIFORNIA COASTAL ACT AND THE CITY’S CERTIFIED LCP”, 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), on consent.
ITEM 7: SECOND READING AND ADOPTION OF AN ORDINANCE TO AMEND THE
ACCESSORY DWELLING UNIT INCENTIVE PROGRAM TO CREATE LOW INCOME UNITS (HOUSING ELEMENT PROGRAM 2A) AND PRESERVE EXISTING MULTIUNIT HOUSING (HOUSING ELEMENT PROGRAM 5A) (CLERK’S FILE NO. 303-1, 304-7, 401-4)
Council adopted Ordinance 1003, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AMENDING THE EXISTING ACCESSORY
DWELLING UNIT (ADU) PILOT PROGRAM BY IDENTIFYING ADDITIONAL
INCENTIVES TO ENCOURAGE PROPERTY OWNERS TO CREATE DEED
RESTRICTED ADUS AND JUNIOR ADUS AFFORDABLE TO LOWER INCOME HOUSEHOLDS IN ACCORDANCE WITH THE 6TH CYCLE HOUSING ELEMENT PROGRAM 2A”, to create at least fifteen low-income units and preserve existing multi-unit housing throughout the City, on consent.
ITEM 8: FIRST AMENDMENT TO AGREEMENT WITH HINDERLITER DE LLAMAS AND ASSOCIATES FOR SALES, USE AND TRANSACTION TAX SERVICES (CLERK’S FILE NO. 201-10, 406-1)
Council approved the First Amendment to the Agreement between the City of Del Mar and Hinderliter de Llamas and Associates for Sales, Use and Transaction Tax Services, extending the agreement for an additional two-year period ending January 11, 2026; and authorized the City Manager to execute the First Amendment, on consent.
ITEM 9: APPROVAL OF AGREEMENTS FOR AS-NEEDED PLANNING SERVICES (CLERK’S FILE NO. 102-6, 406-1)
Council approved consulting services agreements with 4LEAF, Inc., PSOMAS, and Interwest Consulting Group to provide as-needed planning services for an initial three- City Council Regular Minutes
December 18, 2023
year period effective December 18, 2023, through December 18, 2026; and authorized the City Manager to execute the agreements, on consent.
ITEM 10: AGREEMENT WITH THE DEL MAR GARDEN CLUB FOR COMMUNITY GARDENS AND BEAUTIFICATION PROJECTS (CLERK’S FILE NO. 406-1)
Council approved an agreement with the Del Mar Garden Club recognizing and allowing for the installation and maintenance of community gardens and beautification projects throughout the City; and authorized the City Manager to execute the agreement, on consent.
ITEM 11: TASK ORDER APPROVAL FOR UTILITY SPECIALISTS SOUTHWEST, INC. TO
PERFORM UTILITY UNDERGROUND DISTRICT (UUD) PRE-FORMATION SERVICES FOR UUD 2 (BEACH COLONY) (CLERK’S FILE NO. 406-1, 1001-2) Mayor Martinez and Deputy Mayor Quirk were recused from this item due to living within 500 feet of the subject matter of the discussion.
Council questions and discussion focused on the 20A rule; why some areas of the City are not included in undergrounding districts; and history behind the designation of the districts.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY
COUNCILMEMBER WORDEN TO 1) APPROVE A $52,275 TASK ORDER (ATTACHMENT A) WITH UTILITY SPECIALISTS SOUTHWEST, INC. TO PERFORM
UTILITY UNDERGROUND DISTRICT (UUD) PRE-FORMATION SERVICES FOR UUD 2 (BEACH COLONY); 2) AUTHORIZE THE CITY MANAGER TO AMEND THE TASK ORDER BY UP TO $8,000 FOR EXTENDED CONSULTING SERVICES; AND 3) AUTHORIZE THE CITY MANAGER TO EXECUTE THE TASK ORDER. (VOTE 3-0-2
WITH MAYOR MARTINEZ AND DEPUTY MAYOR QUIRK RECUSED)
Ayes: Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: Mayor Martinez and Deputy Mayor Quirk (Recused); Abstain: 0.
ITEM 12: APPOINTMENT TO THE MEASURE Q CITIZEN OVERSIGHT COMMITTEE (CLERK’S FILE NO. 401-5)
Council reappointed Steven McDowell to serve on the Committee as a voting member for a second three-year term from December 4, 2023, through December 31, 2026, on consent.
ITEM 13: PARKS AND RECREATION COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5) Council reappointed Ann Feeney as a voting member to the Committee to serve a full three-year term starting January 2, 2024, and ending on January 31, 2027, on consent.
PUBLIC HEARING
ITEM 14: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTERS 14.16 AND 14.20 OF
THE DEL MAR MUNICIPAL CODE RELATED TO PROCEDURES AND
City Council Regular Minutes
December 18, 2023
ESTABLISHMENT OF PUBLIC AND PRIVATE PROPERTY PARKING ZONES (CLERK’S FILE NO. 401-4, 401-9, 905-3)
A presentation was provided by Community Services Director/Lifeguard Chief Edelbrock.
Council questions focused on agreements with private property owners where the City provides enforcement; whether the City receives revenue sharing as part of these agreements; whether parking districts are included in this action before the City Council this evening; and number of private property parking lots with agreements with the City.
There were no public speakers for the item.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER WORDEN TO INTRODUCE AN ORDINANCE AMENDING CHAPTERS 14.16 AND 14.20 OF THE DEL MAR
MUNICIPAL CODE AUTHORIZING THE ESTABLISHMENT OF PUBLIC AND PRIVATE PROPERTY
PARKING ZONES, WHICH WOULD ALLOW THE CITY TO EXPAND PARKING ZONES TO INCLUDE
PUBLIC LOTS AND PRIVATE PROPERTY CONTRACTUALLY PERMITTING THE CITY TO PROVIDE ENFORCEMENT, PURSUANT TO ITS AUTHORITY UNDER THE CALIFORNIA VEHICLE CODE. (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
CITY COUNCIL OTHER BUSINESS
ITEM 15: UPDATE ON COASTAL DEVELOPMENT PERMIT FOR CITYWIDE PAID PARKING FACILITIES (CLERK’S FILE NO. 301-18, 905-4)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Associate Planner Adriana Jaramishian and Community Services Director/Lifeguard Chief Edelbrock.
Council questions focused on whether neighboring cities have similar paid parking programs; whether there are time limits associated with use of the passes; monitoring and reporting associated with the program; and whether the types of passes and their usage can be recorded and tracked over time.
There were no public speakers for the item.
Council discussion focused on whether the City can access the Golden Bear data base; requirement of those using the passes to follow parking regulations; and ongoing monitoring of the program.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER WORDEN TO RECEIVE AN UPDATE ON IMPLEMENTATION OF THE CITY’S COASTAL DEVELOPMENT
PERMIT FOR PAID PARKING FACILITIES AND NEW LOW-INCOME BEACH PARKING PASS
PROGRAM REQUIRED BY THE CALIFORNIA COASTAL COMMISSION (COASTAL COMMISSION) IN FEBRUARY 2023 AS A CONDITION OF PERMIT APPROVAL. (VOTE 5-0) Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
City Council Regular Minutes
December 18, 2023
ITEM 16: AMENDMENT TO DEL MAR GUIDING PRINCIPLES REGARDING THE LOSSAN RAIL REALIGNMENT PROJECT SPECIFIC TO THE DEL MAR FAIRGROUNDS (CLERK’S FILE NO. 1005-2)
A presentation was provided by Mayor Martinez and Councilmember Gaasterland.
There were no public speakers for the item. At the Council’s request, Administrative Services Manager Krietor read Noah Gaarder-Feingold’s Red Dot into the record.
Council discussion focused on realignment options; appreciation to Mayor Martinez and Councilmember Gaasterland for returning with the additional guiding principle; “guard rails”/protections included in the guiding principles for the Fairgrounds; Fairground rail alignment option as it relates to housing opportunities at the Fairgrounds; public comments made in red dot communications; and City’s goal to prioritizing affordable housing at the Fairgrounds.
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER
GAASTERLAND TO AMEND THE DEL MAR GUIDING PRINCIPLES REGARDING THE LOSSAN
RAIL REALIGNMENT PROJECT TO INCLUDE A GUIDING PRINCIPLE SPECIFIC TO THE DEL MAR FAIRGROUNDS. (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.
ITEM 17: RESOLUTION OF APPRECIATION FOR TRACY MARTINEZ (CLERK’S FILE NO.
BOOK OF RESOLUTIONS)
An introduction to the item was provided by City Manager Jones. Councilmember Gaasterland read the resolution. Mayor Martinez provided comments.
There were no public speakers for the item.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER GAASTERLAND TO ADOPT RESOLUTION 2023-50, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DEL MAR, CALIFORNIA, EXPRESSING APPRECIATION FOR OUTGOING MAYOR TRACY MARTINEZ” (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
ITEM 18: SELECTION OF THE 2024 MAYOR AND DEPUTY MAYOR (CLERK’S FILE NO. 401-1) An introduction to the item was provided by City Manager Jones. A presentation was provided by Administrative Services Manager Krietor. Deputy Mayor Quirk explained why he does not wish to serve as Mayor.
There were no public speakers for the item.
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER DRUKER TO APPOINT DAVE DRUKER AS MAYOR AND TERRY GAASTERLAND AS DEPUTY MAYOR. (VOTE 4-0-1 WITH DEPUTY MAYOR QUIRK ABSTAINED)
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December 18, 2023
Ayes: Mayor Martinez and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: Deputy Mayor Quirk.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the Clean Energy Alliance (CEA); North County Transit District; San Diego Association of Governments (SANDAG) Borders Committee; SANDAG Audit Committee; Arts Advisory Committee; Del Mar Railroad Subcommittee; Undergrounding Project Advisory Committee; Del Mar Village Association; Housing Subcommittee; Legislative Subcommittee; SANDAG Shoreline Preservation Working Group; Oceanside Coastal Resilience Competition; Sustainability Advisory Committee; Lagoon Committee; CEA Community Advisory Committee; California League of CitiesCoastal Cities; METRO Sewer JPA; San Dieguito Riverpath JPA; Del Mar Community Connections; Parks and Recreation Committee; San Diego County Water Authority Board; 22nd Agricultural District Community Relations Committee; CSA-17 Advisory Board; Del Mar Plaza; and SDG&E Mayor’s Meeting.
ADJOURNMENT
Mayor Druker adjourned the meeting at 7:03 p.m.
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Sarah Krietor, Administrative Services Manager/
City Clerk