CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
APRIL 1, 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
City Attorney Leslie Devaney reported that there were no reportable actions for the April 1, 2024, City Council Closed Session meeting. She reported that for Item A(1) Councilmember Quirk was recused and that Mayor Druker was recused from Item A(2) due to living within 500 feet of the subject matter of that discussion. She reported Item B was not discussed and was deferred to the April 15, 2024, closed session meeting due to availability of special counsel.
PLEDGE OF ALLEGIANCE
Councilmember Quirk led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Druker opened public oral communications and the following people spoke:
1) Camilla Rang spoke about the Del Mar Bluff 5 Project construction. 2) Greg Rothnem spoke about the City’s Regional Housing Needs Assessment (RHNA) allocation.
Mayor Druker closed public oral communications.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Quirk commented on the Federal Bureau of Investigation (FBI) investigation of the San Diego Association of Governments (SANDAG) and City of San Clemente City Council’s consideration of a resolution related to sand replenishment at their April 2, 2024, meeting. Councilmember Worden reported on the recent passing of former Del Mar Mayor Al Tarkington and one year anniversary of the Monarch Garden at the Civic Center Plaza. Deputy Mayor Gaasterland provided comments on the construction notice received by residents related to the SANDAG Del Mar Bluff 5 project.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the successful Del Mar Recycles event held on March 16, 2024.
City Manager Jones also responded to City Council questions and public comment related to the SANDAG Del Mar Bluff 5 project construction schedule and public notice.
City Council Regular Minutes
April 1, 2024
PRESENTATIONS
ITEM 1: MAYOR’S STATE OF THE CITY ADDRESS (CLERK’S FILE NO. 101-2) A State of the City address was provided by Mayor Druker.
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 DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 6, 8 AND 10 WITH THE AMENDMENT NOTED AT THE MEETING FOR ITEM 2 (MINUTES), WITH MAYOR DRUKER AND DEPUTY MAYOR GAASTERLAND RECUSED ON ITEM 6, AND COUNCILMEMBER QUIRK VOTING NO ON ITEM 5. (VOTE 5-0, WITH MAYOR DRUKER AND DEPUTY MAYOR GAASTERLAND RECUSED FOR ITEM 6 AND COUNCILMEMBER QUIRK VOTING NO ON ITEM 5.) Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: Councilmember Quirk voted No on Item 5 only; Recuse: Mayor Druker and Deputy Mayor Gaasterland on item 6 only; Absent: 0; Abstain: 0.
ITEM 2: APPROVAL OF MINUTES: MARCH 11, 2024 SPECIAL MEETING – GOALS AND PRIORITIES SETTING WORKSHOP, MARCH 18, 2024 REGULAR MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes with the correction noted at the meeting, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED APRIL 1, 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: APPROVAL OF TASK ORDER AMENDMENT WITH MICHAEL BAKER
INTERNATIONAL RELATED TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) WORK ON THE SAN DIEGUITO DRIVE IMPROVEMENTS PROJECT (CLERK’S FILE NO. 406-1)
Council comments focused on the process and next steps for the project. Council approved a $25,882 Task Order Amendment (Attachment A) with Michael Baker International for additional utility mark outs and potholing and for the preparation of a CEQA notice of exemption for the San Dieguito Drive Improvement Project; and authorized the City Manager to execute the Task Order Amendment, on consent.
City Council Regular Minutes
April 1, 2024
ITEM 6: ACCEPTANCE OF GRANT DEED OF EASEMENTS FOR RETAINING WALLS RELATED TO UTILITY UNDERGROUNDING DISTRICT 1A – STRATFORD COURT SOUTH PROJECT (APN: 300-200-11-00 AND 300-200-31-00) (CLERK’S FILE NO. 1001-2, 1306-1)
Mayor Druker and Deputy Mayor Gaasterland were recused from Item 6 due to living within 1,000 feet of the subject matter of the discussion. Council approved Resolution 2024-10 “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR,
CALIFORNIA, APPROVING ACCEPTANCE OF RETAINING WALL EASEMENTS ON THE PROPERTIES LOCATED AT 639 AND 717 STRATFORD COURT 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 Easements, on consent.
ITEM 7: APPROVAL OF TASK ORDER AMENDMENT WITH UTILITY SPECIALISTS SOUTHWEST, INC. FOR UTILITY UNDERGROUNDING DISTRICT X1A – CREST CANYON PRE-CONSTRUCTION SERVICES (CLERK’S FILE NO. 406-1, 1001-2) The item was pulled from the Consent Calendar for City Council questions. Council questions focused on the project budget, fiscal impact section of the agenda report, and design costs. Council approved a $104,852 Task Order Amendment with Utility Specialists Southwest, Inc. for additional pre-construction services for UUD X1A; and authorized the City Manager to execute the Task Order Amendment.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY
COUNCILMEMBER MARTINEZ TO APPROVE A $104,852 TASK ORDER AMENDMENT (ATTACHMENT A) WITH UTILITY SPECIALISTS SOUTHWEST, INC.
FOR ADDITIONAL PRE-CONSTRUCTION SERVICES FOR UUD X1A; AND AUTHORIZED THE CITY MANAGER TO EXECUTE THE TASK ORDER AMENDMENT. (VOTE 5-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 8: RECAP OF THE 2024 CITY COUNCIL GOALS AND PRIORITIES SETTING WORKSHOP AND COUNCIL APPROVED FY 2024-25 CITY WORK PLAN (CLERK’S FILE NO. 401-1)
Council received the written report, including the approved Fiscal Year (FY) 2024-25 City Work Plan reflecting Council feedback from the 2024 City Council Goals and Priorities Setting Workshop, on consent.
PUBLIC HEARING
ITEM 9: CONTINUED FROM MARCH 18, 2024 COUNCIL MEETING - 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) City Council Regular Minutes
April 1, 2024
Mayor Druker was recused due to living within 500 feet of the subject matter of the discussion. Deputy Mayor Gaasterland led the discussion for the item. An introduction to the item was provided by City Manager Jones. A brief presentation was provided by Principal Planner Amanda Lee. Assistant City Attorney Ralph Hicks was available to answer questions.
Council questions focused on the changes made to the resolution and ordinance related to Shores Park (language read into the record at the March 18, 2024 meeting); amendment read into the record by Principal Planner Amanda Lee to correct a government code reference in the ordinance; protection of public views; height limits; and State density bonus law.
There were no public speakers for the item.
Council discussion focused on pending State legislation; clarification on whether the State density bonus law could be used to override the height limits included in the proposed ordinance; clarification that the ordinance language does not create any issues with The Winston School continuing to operate at the Shores Park site; clarification on the timing for this action related to implementation of the City’s density bonus ordinance and Objective Design Standards; appreciation to staff for their work on this program; risks, penalties, and uncertainty associated with decertification of the City’s housing element; and recent decertification of the City of Portola Valley’s housing element as an example of State enforcement for non-compliance.
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER MARTINEZ TO ADOPT RESOLUTION 2024-12, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA AMENDING THE DEL MAR COMMUNITY PLAN (GENERAL PLAN) GPA 24-001
TO AMEND THE LAND USE DESIGNATIONS FOR CENTRAL COMMERCIAL AND PUBLIC FACILITIES TO ALLOW A DENSITY OF 20 DWELLING UNITS PER ACRE FOR PROJECTS WITH
AFFORDABLE HOUSING FOR LOWER INCOME HOUSEHOLDS IN ACCORDANCE WITH PROGRAM 1C (CENTRAL COMMERCIAL) AND PROGRAM 1H (PUBLIC FACILITIES) CONSISTENT WITH THE REQUIREMENTS IN THE CITY’S CERTIFIED 6TH CYCLE HOUSING ELEMENT THAT IS A PART OF THE DEL MAR COMMUNITY PLAN”, AND INTRODUCED AN ORDINANCE (ATTACHMENT B) TO AMEND THE DEL MAR MUNICIPAL CODE (DMMC) CENTRAL COMMERCIAL (CC) ZONE REGULATIONS IN CHAPTER 30.22 AND PUBLIC FACILITIES (PF) ZONE REGULATIONS IN CHAPTER 30.31 THAT ARE WITHIN THE CITY’S ZONING CODE AND CERTIFIED LOCAL COASTAL PROGRAM (LCP) BY ZONE CODE AMENDMENTS (ZA24-001/ZA24- 002) AND LCP AMENDMENTS (LCPA24-001/LCPA24-002). (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.
ITEM 10: CONSIDERATION OF ENCROACHMENT PERMIT EP24-021 – CONSTRUCTION OF A
NEW OPEN TRELLIS IN THE PUBLIC RIGHT-OF-WAY OVER THE EXISTING SIDEWALK CAFÉ AT 1555 CAMINO DEL MAR, SUITE #102 OF THE DEL MAR PLAZA (CLERK’S FILE NO. 802-1)
There were no public speakers for this item. Mayor Druker opened and closed the public hearing and the item was moved to the consent calendar for approval of adoption of Resolution 2024-11, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, APPROVING ENCROACHMENT PERMIT EP24-021 FOR THE CONSTRUCTION OF A NEW OPEN TRELLIS IN THE PUBLIC RIGHT-OF-WAY OVER THE EXISTING SIDEWALK CAFE, ADJACENT TO 1555 CAMINO DEL MAR (APN: 300-030-86), SUITE 102, IN DEL MAR, CALIFORNIA”.
City Council Regular Minutes
April 1, 2024
CITY COUNCIL OTHER BUSINESS
ITEM 11: OVERVIEW OF DOWNTOWN PEDESTRIAN SAFETY MEASURES AND CONCERNS RELATED TO PEDESTRIAN SAFETY AT 11TH AND 13TH STREETS (CLERK’S FILE NO. 901-2, 901-6, 1101-1)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Public Works Director Joe Bride and the City’s contract Traffic Engineer Ryan Zellers from Michael Baker International, Inc. San Diego County Sheriff Captain Chris Lawrence was available to answer questions.
Council questions focused on a request for the Sheriff to provide citation data to the City on a monthly basis; time period for the citation data presented by Captain Lawrence; clarification on the data included in the agenda report; efficacy of flashing stop signs; results of traffic study versus citation data obtained outside of a study; cost of installing flashing stop signs; whether it is difficult to remove flashing stop signs once installed; whether red light cameras could be used at a four way stop sign; whether the Sheriff’s ghost car method is effective; mechanism used by Sheriff for tracking vehicle speed; whether push button flashers are allowed at four way stops; and whether the owner of Zel’s spoke in opposition of the flashing sign when the item was discussed at the Traffic and Parking Advisory Committee (TPAC) September 2023 meeting.
Mayor Druker opened the item to public comment and the following people spoke:
1) Suren G. Dutia with a donation of time from Julie Maxey-Allison 2) John Imperato, TPAC Chair
3) Greg Rothnem
4) Greg Glassman
Mayor Druker closed the item to public comment.
Council discussion focused on Council’s request for monthly citation data; availability of automated stop sign enforcement technology and desire to place researching that on TPAC’s work plan; whether a roundabout at 13th Street could be considered in the future; data presented by the City’s contract Traffic Engineer; desire for increased traffic enforcement by the Sheriff; desire to change behavior of drivers; consideration to place flashing stop signs in the medians at 11th Street and 13th Street; adding research about potential use of pedestrian flags as a safety enhancement option to the TPAC work plan; history of traffic enforcement and traffic calming measures on Camino del Mar; efficacy and durability of flashers in the pavement; whether the flashing stop signs are programmable; and whether a “No U-Turn” sign should also be considered at 11th Street.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER WORDEN TO PUT FLASHING STOP SIGNS NORTH AND SOUTH BOUND AT 11TH AND 13TH
STREET IN THE MEDIANS (FOUR TOTAL) AND IT WOULD BE NICE IF THEY ARE PROGRAMMABLE. (VOTE 5-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
IT WAS MOVED BY COUNCILMEMBER QUIRK, SECONDED BY COUNCILMEMBER WORDEN
TO REQUEST MONTHLY DATA FROM THE SHERIFF ON ALL MANNER OF CITATIONS ISSUED
BY THE SHERIFF DEPARTMENT TO STAFF AND PROVIDED TO THE TRAFFIC AND PARKING ADVISORY COMMITTEE MOVING FORWARD AND GOING BACK TO JULY 2023, IF POSSIBLE. (VOTE 5-0)
City Council Regular Minutes
April 1, 2024
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER WORDEN TO REQUEST TPAC TO EVALUATE A NO U-TURN SIGN AT 11TH STREET. VOTE:
WITHDRAWN AND ADDED TO TPAC WORKPLAN
Council consensus was for Councilmembers Quirk and Worden, Council liaisons to TPAC, to return to the City Council with a revised TPAC work plan adding three items: 1) assess the feasibility/need for a potential “No U-Turn” sign southbound at 11th Street; 2) investigate automated stop sign enforcement technology; and 3) determine the feasibility of deploying pedestrian crossings flags as an additional pedestrian safety measure.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the Del Mar Village Association (DMVA); 22nd District Agricultural Association Community Relations Committee; League of California Cities; League of California Cities Coastal Cities Group; Clean Energy Alliance; North County Transit District; Regional Solid Waste Association; Sustainability Advisory Committee; SANDAG Board; Railroad Subcommittee; SANDAG Audit Committee; and SANDAG Planning Committee.
ADJOURNMENT
Mayor Druker adjourned the meeting in memory of Al Tarkington at 7:24 p.m. _____________________________________________
Sarah Krietor, Administrative Services Manager/City Clerk