CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
MARCH 18, 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
None.
PLEDGE OF ALLEGIANCE
Administrative Services Manager Sarah Krietor led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Druker opened public oral communications and the following individuals spoke:
1) Daria Flores
2) John Stahl
3) Karen Powell
Mayor Druker closed public oral communications.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
None.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the Design Review Board public workshop on March 19, 2024, at 5:00 p.m. in the Town Hall related to development of objective design standards for by-right, multi-unit and mixed-use housing development.
PRESENTATIONS
ITEM 1: MEASURE Q CITIZEN OVERSIGHT COMMITTEE FY 2022-23 MEASURE Q RESULTS (CLERK’S FILE NO. 401-5)
City Council Regular Minutes
March 18, 2024
Mayor Druker introduced the item. A presentation was provided by Measure Q Citizen Advisory Committee Chair Alan Lonbom.
City Council questions and discussion focused on why Measure Q tax revenues differ slightly from sales tax revenues received by the City and appreciation to the Measure Q Citizen Oversight Committee and staff for their work on the annual report provided by the Committee.
There were no public speakers for the item.
CONSENT CALENDAR
Administrative Services Manager/City Clerk 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 COUNCILMEMBER WORDEN TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 7. (VOTE 5-0) Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 2: APPROVAL OF MINUTES: MARCH 4, 2024 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED MARCH 18, 2024 (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: SUBMITTAL OF THE 2023 HOUSING ELEMENT ANNUAL PROGRESS REPORT (CLERK’S FILE NO. 304-7)
Council authorized submittal of the City’s 2023 Housing Element Annual Progress Report (APR) to the State Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR), on consent.
ITEM 6: RIVERPATH DEL MAR EXTENSION PROJECT PHASE 3 TASK ORDER (CLERK’S FILE NO. 406-1)
City Council questions focused on when staff will be asking the City Council to determine timing for the project to go out to bid and start construction. Staff committed to bringing a project status and funding update to Council in June/July 2024, for direction on next steps. Council approved a $68,400 amendment to an existing task City Council Regular Minutes
March 18, 2024
order with HELIX Environmental Planning for additional necessary environmental services related to the Riverpath Del Mar Extension Project Phase 3, and authorized the City Manager to execute the necessary documents, on consent.
ITEM 7: ACCEPTANCE OF A GRANT DEED OF EASEMENT FOR PROPERTY LOCATED AT 1411 VIA ALTA
APPLICANT/OWNER: KFH PROPERTIES LLC
PROPERTY ADDRESS: 1411 VIA ALTA
APN: 300-040-51-00 AND 300-040-52-00 (CLERK’S FILE NO. 1306-1) Council adopted Resolution 2024-07, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DEL MAR, CALIFORNIA, APPROVING ACCEPTANCE OF AN EASEMENT ON THE PROPERTY LOCATED AT 1411 VIA ALTA FOR USE AND OPERATION OF PUBLIC BENEFIT TO THE CITY OF DEL MAR”, and authorized the City Manager or their designee to record the Grant Deed of Easement, on consent.
PUBLIC HEARING
ITEM 8: HOUSING-RELATED AMENDMENTS TO THE CENTRAL COMMERCIAL AND
PUBLIC FACILITIES ZONES INCLUDING ADOPTION OF A RESOLUTION TO
AMEND THE DEL MAR COMMUNITY PLAN AND INTRODUCTION OF AN
ORDINANCE TO AMEND THE ZONING CODE AND CERTIFIED LOCAL COASTAL PROGRAM TO IMPLEMENT HOUSING ELEMENT PROGRAMS 1C AND 1H (CLERK’S FILE NO. 304-7, 401-4, 401-9)
Mayor Druker was recused from this item due to living within 500 feet of the subject matter of the discussion. Deputy Mayor Gaasterland led the discussion for the item.
City Manager Jones introduced the item and provided background information related to the City’s approved 6
th Cycle Housing Element. A presentation was provided by Principal Planner Amanda Lee, including reading proposed amended language for the Resolution and Ordinance into the record from a slide that was in the presentation. Planning and Community Development Director Karen Brindley and Assistant City Attorney Ralph Hicks were available to answer questions. City Attorney Devaney provided information about the voting requirements for the proposed resolution and ordinance.
Council questions focused on what the consequences would be if actions on these Housing Element programs were not completed by April 2024; consequences of decertification of the City’s 6 th Cycle
Housing Element; clarification on direct versus indirect determination; whether residents could file a referendum on the ordinance, if adopted; additional proposed language related to Shores Park and the Public Facilitates zone; circumstances/outcomes related to the Watermark Project; clarification on the City’s 5
th Cycle Housing Element and ‘by right’ language; height limitations; unit requirements in the 6
th Cycle Housing Element; state density bonus law as it relates to inclusionary housing requirements; City’s Local Coastal Program Amendment (LCPA) related to density bonus law; density bonus law considerations related to the 6
th Cycle Housing Element; whether Coastal
Development Permits (CDP’s) issued in the Central Commercial Zone are appealable to the City Council Regular Minutes
March 18, 2024
California Coastal Commission (CCC); and purchase of Shores Park and history of allowed uses at the site.
Deputy Mayor Gaasterland opened the item to public comment and the following people spoke:
1) John Spelich
2) Karen Powell
3) Laura DeMarco
Deputy Mayor Gaasterland closed the item to public comment.
Additional Council questions focused on whether the City Council may separate actions related to the Central Commercial and Public Facilities zones; options to further clarify that housing is not an allowed use at the Shores Park site; height limits; density bonus law; and objective design standards.
Council discussion focused on state laws eroding local control over zoning regulations; likelihood of developments on Camino del Mar; whether the City can deny specific waivers under the state’s density bonus law; risk of not adopting the proposed ordinance and consequences of Housing Element decertification; important of ensuring height limits are maintained and enforceable; California Environmental Quality Act (CEQA) analysis; difficult situation the City and City Council face related to housing element implementation and this action in particular; annual limit to Community (General) Plan amendments; and desire to hold a closed session discussion related to this agenda item.
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER MARTINEZ TO CONTINUE THE ITEM DATE CERTAIN TO APRIL 1, 2024, AND AMEND THE
LAND USE DESIGNATION DESCRIPTION FOR SHORES PARK IN BOTH THE RESOLUTION (TO REFLECT COMMUNITY PLAN DESIGNATION) AND THE ORDINANCE (LCP LAND USE
PLAN DESIGNATION) FOR CONSISTENCY WITH THE ZONING DESIGNATION FOR SHORES PARK IN THE ORDINANCE AS PRESENTED. (VOTE 4-0-1 WITH MAYOR DRUKER RECUSED) Ayes: Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: Mayor Druker; Absent: 0; Abstain: 0.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 7:30 to 7:48 p.m.
CITY COUNCIL OTHER BUSINESS
ITEM 9: ESTABLISHMENT OF A SECTION 115 TRUST FOR PENSION RELATED PURPOSES (CLERK’S FILE NO. 209-2, 502-3)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Finance Manager/Treasurer Monica Molina and Finance Committee/Pension Subcommittee Member Jeff Sturgis.
Council questions focused on whether the City expects the Public Agency Retirement System (PARS) 115 Trust to perform better than CalPERS; clarification on the City’s unfunded liability and how unfunded liabilities are reported on the Annual Comprehensive Financial Report (ACFR) with and without establishment of the 115 Trust; clarification on the amortization timeline used by City Council Regular Minutes
March 18, 2024
CalPERS and the 15 year amortization period proposed by staff and the Finance Committee; and whether other agencies in San Diego County have similar pension liability obligations.
Mayor Druker opened the item to public comment and the following people spoke:
1) Laura DeMarco
Mayor Druker closed the item to public comment.
Council discussion focused on support for the item and appreciation to staff and Jeff Sturgis for the presentation; difficulty of managing employee pensions and liability; and performance of PARS compared to CalPERS.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER
WORDEN TO APPROVE AN AGREEMENT WITH PUBLIC AGENCY RETIREMENT SERVICES (PARS) FOR SECTION 115 TRUST ADMINISTRATION SERVICES; ADOPT RESOLUTION 2024- 08, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA,
APPROVING THE ADOPTION OF THE PUBLIC AGENCIES POST-EMPLOYMENT BENEFITS TRUST ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES (PARS)”, FOR THE PURPOSE OF PREFUNDING PENSION OBLIGATIONS; AUTHORIZING THE CITY MANAGER OR THEIR DESIGNEE TO ACT AS THE CITY’S PLAN ADMINISTRATOR OF THE TRUST PROGRAM AND EXECUTE THE AGREEMENT AND REQUIRED DOCUMENTS; AND AUTHORIZING THE INITIAL TRANSFER OF $5 MILLION FROM THE PENSION RESERVE FUND TO THE SECTION 115 TRUST ACCOUNT. (VOTE 4-1 WITH COUNCILMEMBER QUIRK
OPPOSED)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez and Worden; Noes:
Councilmember Quirk; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 10: ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2023 AND AUDITED FINANCIAL RESULTS (CLERK’S FILE NO. 205-1) An introduction to the item was provided by City Manager Jones. A brief presentation was provided by Finance Manager/Treasurer Molina.
Council questions focused on Civic Center construction debt; employee compensation; and percentage of General Fund Contingency.
There were no public speakers for the item.
ITEM 11: FISCAL YEAR 2023-24 MID-YEAR FINANCIAL REPORT (CLERK’S FILE NO. 202- 5)
A presentation was provided by Finance Manager/Treasurer Molina.
Council questions and discussion focused on pension reserve contribution amounts; enterprise fund usage charge; total budget for the Fire Department; adjustment to the Measure Q fund related to administrative costs; explanation for the decrease in sales tax and Measure Q sales tax revenues in FY2023-2024 compared to the prior year; historical revenue trends related to sales tax, Transient City Council Regular Minutes
March 18, 2024
Occupancy Tax (TOT) and property tax; revenue generating events at the Del Mar Fairgrounds; Measure Q funds related to the Shores Park master planning efforts; potential for short-term rentals to generate revenues; and City’s process for projecting sales tax revenue in consultation with HdL.
There were no public speakers for the item.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER MARTINEZ TO ADOPT RESOLUTION 2024-09, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING THE FISCAL YEAR 2023-2024 OPERATING
AND CAPITAL BUDGET, AUTHORIZING THE RECLASSIFICATION OF THE PARKING
ENFORCEMENT SERGEANT POSITION TO PARKING AND COMMUNITY ENFORCEMENT
LIEUTENANT, AND AMENDING THE COMPENSATION PLAN FOR MANAGEMENT PROFESSIONAL EMPLOYEES”. (VOTE 5-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 12: FISCAL YEAR 2024-2025 ADVISORY COMMITTEE WORK PLANS (CLERK’S FILE NO. 401-5)
A presentation was provided by City Manager Jones.
Council questions focused on the Traffic and Parking Advisory Committee (TPAC) work plan related to speed studies and clarification on TPAC’s past recommendation and analysis related to concerns on Maiden Lane.
There were no public speakers for the item.
Council discussion focused on meeting frequently; Lagoon Committee, Sustainability Advisory Committee, and Parks & Recreation Committees’ requests to meet more frequently; committees’ ability to schedule an additional administrative meeting and special meetings with approval of their assigned Council liaisons; desire to treat committees equitability related to meeting frequency; Undergrounding Project Advisory Committee (UPAC) cash flow analysis related to funding needed for Undergrounding Projects; and desire to discuss funding for Shores Parks as part of the budget process.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER MARTINEZ TO APPROVE THE FY 2024-2025 ADVISORY COMMITTEE WORK PLANS, AS AMENDED BY RED DOT ADDING ITEM 7 FOR UNDERGROUNDING PROJECT ADVISORY COMMITTEE. (VOTE 5-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the San Diego Association of Governments (SANDAG) Board; Clean Energy Alliance; League of California Cities; SANDAG Shoreline Preservation Working City Council Regular Minutes
March 18, 2024
Group; SANDAG Sediment Oceanside Littoral Cell Taskforce; METRO Sewer JPA; San Dieguito Riverpath JPA; and UPAC.
ADJOURNMENT
Mayor Druker adjourned the meeting at 9:24 p.m.
________________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk