CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
JANUARY 22, 2024
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 Druker called the Regular Meeting to order at 4:30 p.m.
ROLL CALL
Present: Mayor Dave Druker; Deputy Mayor Terry Gaasterland; Councilmembers Tracy Martinez, Dan Quirk, and Dwight Worden
CITY ATTORNEY CLOSED SESSION REPORT
Assistant City Attorney Wendy House reported that there were no reportable actions for the January 22, 2024, City Council Closed Session meeting. She reported that Councilmembers Martinez and Quirk were recused from a portion of the closed session discussion relating to item III(A) due to living within 500 feet of the subject of that discussion.
PLEDGE OF ALLEGIANCE
Councilmember Dwight Worden led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
None.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Worden reported on the 2024 Regional Task Force on Homelessness Point in Time Count occurring on Wednesday, January 24, 2024; Ocean Protection Council’s recent report that includes guidance and predictions on sea-level rise; Army Core of Engineers project and dredge off shore of Del Mar related to a Solana Beach sand replenishment project; requested an updated from City Manager Ashley Jones on the status of the trees at the Civic Center; Coast to Crest Trail flooding; and status update on the RE:BEACH Oceanside Sand replenishment project jury selection going to Oceanside City Council on January 31, 2024. Councilmember Martinez reported that the sand replenishment project at Solana Beach will result in a wider beach, with down coast benefits to Del Mar.
Mayor Druker reported on the Farmers Insurance Open golf tournament January 24-27, 2024, at Torrey Pines and that Starbucks on Camino del Mar is closing.
CITY MANAGER’S REPORT
City Manager Jones reported that the City provided information regarding the dredge and the United States Army Corps of Engineers (USACE) Replacement Project in December 2023 and will be providing additional information in the upcoming Del Mar Weekly on Friday, January 26, 2024; reported that the City Council Regular Minutes
January 22, 2024
City’s contract arborist will inspect and advise on the status of the two Monterey Cyprus trees at City Hall, which are not doing well at the site; and announced continuing recruitment efforts for City Advisory Committees vacancies and Design Review Board voting member which closes on Friday, January 26, 2024.
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 MARTINEZ, SECONDED BY DEPUTY MAYOR GAASTERLAND TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 6. (VOTE 5-0) Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 1: APPROVAL OF MINUTES: JANUARY 8, 2024 (CLERK’S MINUTES BOOK) Council approved the minutes, on consent.
ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED JANUARY 22, 2024 (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: SECOND READING AND ADOPTION OF AN ORDINANCE REAUTHORIZING TERMS
AND CONDITIONS FOR OFF-LEASH DOG HOURS AT THE DEL MAR SHORES PARK (CLERK’S FILE NO. 307-8, 401-4, 1401-10)
Council adopted Ordinance 1005, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AUTHORIZING AN OFF-LEASH DOG AREA AT THE DEL MAR SHORES PARK”, until such time that the park is redeveloped, on consent.
ITEM 5: APPROVAL OF FIRST AMENDMENT TO AGREEMENT FOR WATER QUALITY TESTING SERVICES (CLERK’S FILE NO. 406-1)
Council approved the First Amendment to the Agreement for Water Quality Testing Services with ALS Group USA, Inc. (ALS) to extend the term of the Agreement for an additional two years expiring February 1, 2026; and authorized the City Manager to execute the First Amendment, on consent.
ITEM 6: TRAFFIC AND PARKING ADVISORY COMMITTEE APPOINTMENTS (CLERK’S FILE NO. 401-5)
Council reappointed Katherine White as a voting member to the committee to serve a second full three-year term effective March 3, 2024, and ending March 31, 2027, and City Council Regular Minutes
January 22, 2024
appointed James (JP) McDermott as a voting member to the Committee to serve a full three-year term effective January 22, 2024, and ending January 31, 2027, on consent.
CITY COUNCIL OTHER BUSINESS
ITEM 7: DISCUSSION OF DRAFT REGULATORY FRAMEWORK 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. Planning and Community Development Director Karen Brindley, Assistant City Attorney Wendy House, and Associate Planner Adriana Jaramishian were available to answer questions.
Council questions focused on clarifying regulations that would apply to existing versus new short-term rentals (STRs) under the proposed framework; clarification that the City Council is not adopting an ordinance or regulations this evening; and clarification on whether accommodation of the existing STRs could exceed the proposed cap on STRs.
Mayor Druker opened the item to public comment and the following people spoke:
1) Laura DeMarco with a donation of time from Jennifer McDowell 2) Barbara Fletcher
3) Ron Fletcher
4) Debbie Church
5) Gina Mattern with a donation of time from Jerry Pascale 6) Scott Renner
7) Tom Harrington
8) Kimberly Jackson with donation of time from Linda Watts 9) Brenda Sandpiere
10) Rich Logarato
11) Ken Assi
12) Noel Quintana
13) Lee Stein
14) Greg Rothnem
15) Mary ZoBell
16) Danielle Nicholas
17) Tina Thomas
18) Richard Jamison
Mayor Druker closed the item to public comment.
Council questions focused on the rational for the five-year limit for existing STRs including the proposed framework; process for termination and/or suspension of an STR permit; clarification on the proposed inspection requirement, potential liability associated with inspections, and inspection requirements included in other agencies’ STR regulations; whether the City can amend STR regulations such as caps after they have been adopted; clarification on the recommendations related to the Residential Commercial and Central Commercial zones; whether penalties for noise and trash are built into the proposed STR regulations; clarification on the 2016 STR calls for service report requested by a resident from the San Diego County Sheriff Encinitas substation; clarification on the proposed fines for violation; public comments related to roof decks; whether a business license would be required in addition to an STR permit; whether ADUs used as STRs can count towards the City’s housing goals; response time expectations; STR regulations related to ownership and Limited Liability Corporations (LLC); STRs regulations related to condominiums; and clarification on the data provided related to unoccupied housing units.
City Council Regular Minutes
January 22, 2024
Council discussion focused on existing STRs and the extent of what should accommodated and for how long; new STRs and whether to limit new STRs to primary residences; number of STRs that should be allowed per owner; neighborhood caps and whether to modify percentages that reflect historic patterns; and whether to allow STRs in accessory dwelling units (ADUs) in commercial zones.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND AND SECONDED BY COUNCILMEMBER
QUIRK TO DIRECT STAFF TO DEVELOP STR REGULATIONS THAT ALLOW EXISTING STRS TO
EXIST UNTIL THE PROPERTY CHANGES OWNERSHIP, THE STR PERMIT IS NOT RENEWED, OR THE PERMIT IS REVOKED DUE TO NON-COMPLIANCE. (VOTE 3-2) Ayes: Deputy Mayor Gaasterland, Councilmembers Martinez and Quirk and Worden; Noes: Mayor Druker and Councilmember Worden; Recuse: 0; Absent: 0; Abstain: 0.
City Council consensus was to limit new STRs in residential zones to primary residences regardless if the primary occupant was the owner or tenant in order to maintain the units as long term housing; support neighborhood caps for new STRs as proposed in the regulatory framework included in the agenda report; allow each owner on lots with two units to have one STR per owner and existing STRs with two STRs on a lot would be accommodated; not allow STRs in ADUs in commercial zones; and to receive additional clarifications from staff to allow for LLC ownership by a natural person and clarification of property title requirements.
As a next step, staff will return to the City Council with an updated draft of the STR regulatory framework (proposed code language) including additional policy options and information related to LLC ownership and property title requirements. Staff would then finalize a draft ordinance, complete California Environmental Quality Act review and hold a public hearing of the Planning Commission, and return to the City Council with a recommendation from the Planning Commission and formal STR ordinance for Council consideration.
ITEM 8: PROPOSED CITY FACILITIES OPERATIONS AND SPECIAL EVENT PLAN (CLERK’S FILE NO. 103-4)
Mayor Druker opened the item to public comment and Cheryl Goddard Executive Director of the San Dieguito River Valley Conservancy spoke.
Council consensus was to form a subcommittee of Deputy Mayor Gaasterland and Councilmember Worden to review the proposed City Facilities Operations and Special Event Plan with staff to further vet the proposed Plan and return to City Council at a future meeting.
ITEM 9: CONCERNS REGARDING SANDAG FUNDING FOR THE DEL MAR BLUFFS STABILIZATION PROJECT 5 REQUIRED MITIGATION (CLERK’S FILE NO. 1506-1) An introduction to the item was provided by City Manager Jones. A presentation was provided by Mayor Druker and Deputy Mayor Gaasterland.
Council questions and discussion focused on San Diego Association of Governments (SANDAG) obligation to fund the project and timing for the bluff stabilization project; California Coastal Commission (CCC) timing requirements to begin mitigation work related to the SANDAG Del Mar Bluffs Stabilization Project 5 (DMB5); DMB5 sea wall construction; and clarification that SANDAG has funded preconstruction activities but not construction activities related to the Project.
City Council Regular Minutes
January 22, 2024
There were no public speakers for the item.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY MAYOR DRUKER TO
AUTHORIZE THE SUBMITTAL OF A LETTER TO THE SANDAG BOARD EXPRESSING CONCERN
REGARDING THE REDIRECTION OF FUNDING FOR CONSTRUCTION OF THE REQUIRED MITIGATION FOR THE DEL MAR BLUFFS STABILIZATION PROJECT 5 TO OTHER SANDAG PROJECTS. (VOTE 5-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 10: PREPARATIONS FOR 2024 CITY COUNCIL GOALS & PRIORITIES SETTING WORKSHOP (CLERK’S FILE NO. 401-1)
A brief presentation was provided by Administrative Services Manager Krietor. City Manager Jones was available to answer City Council questions.
City Council questions and discussion focused on scheduling the workshop date; workshop duration; and Council initiated workplan items.
There were no public speakers for the item.
Council consensus was for the staff to proceed with the 2024 City Council Goals and Priorities Setting Workshop as proposed in the agenda report and to direct the Administrative Services Manager/City Clerk to schedule the workshop.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
Council regional organization and committee/subcommittee/community organization reports were continued to the February 5, 2024, City Council meeting.
ADJOURNMENT
Mayor Druker adjourned the meeting at 8:15 p.m.
Sarah Krietor, Administrative Services Manager/
City Clerk
City of Del Mar
Memorandum
TO: Honorable Mayor and City Council Members
FROM: Sarah Krietor, Administrative Services Manager
DATE: February 5, 2024
SUBJECT: Red Dot Item 3: Approval of Minutes: January 22, 2024 Regular and Special Meeting
This Red Dot is to amend the Regular and Special Meeting Minutes for January 22, 2024 to reflect that Mayor Druker called both meetings to order and to clarify the next steps for Item 7 as shown below in redline/strike out.
ITEM 7: DISCUSSION OF DRAFT REGULATORY FRAMEWORK AND POLICY DIRECTION FOR SHORT TERM RENTAL REGULATION (CLERK’S FILE NO. 301-19)
As a next step, staff will return to the City Council with an updated draft of the STR regulatory framework (proposed code language) including additional policy options and information related to LLC ownership and property title requirements. Staff would then prepare finalize a draft ordinance, complete California Environmental Quality Act review and hold a public hearing of the Planning Commission, and return to the City Council with a recommendation from the Planning Commission and formal STR ordinance for Council consideration.
1 February 5, 2024 Item 03