CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
APRIL 15, 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 out for the April 15, 2024, City Council Closed Session meeting.
She reported that for Item A(1) Councilmember Quirk was recused. Councilmember Quirk abstained and did not participate in Item A(2). There were no reportable actions for the April 15, 2024, City Council Closed Session meeting.
PLEDGE OF ALLEGIANCE
Councilmember Worden led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Druker opened public oral communication and the following people spoke:
1) Don Billing, San Diego Association of Governments (SANDAG), public engagement and railroad 2) Greg Rothnem, Regional Housing Needs Assessment (RHNA) allocation and State Employment Development Department (EDD) data
3) Camilla Rang, SANDAG Del Mar Bluffs Phase 5 (DMB5) Project concerns 4) Jon Imperato, Concerns regarding EDD data/RHNA allocations and DMB5 Project 5) Cristy Hahn, DMB5 Project concerns and impacts of sand dredging barge off the coast of Del Mar 6) Karl Willert, DMB5 Project concerns
Mayor Druker closed public oral communications.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Martinez reported that the County of San Diego Board of Supervisors unanimously adopted a resolution initiated by Supervisor Terra Lawson-Remer supporting the affordable housing Exclusive Rights Negotiating Agreement (ENRA) between the City and the 22nd District Agricultural Association Board and development of housing at the Fairgrounds. Councilmember Worden requested an update from staff on the SANDAG DMB5 Project. Deputy Mayor Gaasterland provided additional comments related to the DMB5 Project and potential to place removed material on the beach.
Councilmember Quirk reported on the City of San Clement and Orange County Transportation Authority City Council Regular Minutes
April 15, 2024
public workshops related to sea-walls, sand replenishment, and rail, and expressed desire for the City to collaborate with the City of San Clement on these issues.
CITY MANAGER’S REPORT
City Manager Ashley Jones responded to Council and community concerns related to the SANDAG DMB5 Project and reported on an upcoming tree planting event at the Fairgrounds hosted by the City and San Diego Gas & Electric on April 18, 2024, at 9:30 a.m. near the main gate on Jimmy Durante Blvd; $25,000 in grant funding received from the County of San Diego for the Riverpath Phase 3 Project; and Camino Del Mar Bridge Replacement project geotechnical boring work that will take place over the next four weeks that will provide soils and geotechnical information to be used for the bridge replacement.
Principal Engineer Karen Falk answered additional questions about geotechnical boring work and reported that the bridge will remain open while the work is being done.
PRESENTATIONS
ITEM 1: PRESENTATION BY DEL MAR VILLAGE ASSOCIATION EXECUTIVE DIRECTOR JEN GROVE OF THE REGARDING SHORESAVER PILOT PROGRAM (CLERK’S FILE NO. 1404-1)
Mayor Druker introduced the item. A presentation was provided by Del Mar Village Association (DMVA) Executive Director Jen Grove.
City Council questions focused whether the program will be expanded following the completion of the pilot program; whether trash grabbers will be provided as part of the program; whether the tonnage of trash collected can be counted as part of the program; and number of baskets that will be available.
There were no public speakers for the item.
Council discussion focused on expressing appreciation to DMVA and the Del Mar Lifeguards for the efforts getting the program up and running.
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 WORDEN, SECONDED BY DEPUTY MAYOR GAASTERLAND TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 7, AND ITEM 10 WITH MAYOR DRUKER RECUSED FOR ITEM 7 (VOTE 5-0 WITH MAYOR DRUKER RECUSED FOR ITEM 7).
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: Mayor Druker for Item 7 only; Absent: 0; Abstain: 0.
ITEM 2: APPROVAL OF MINUTES: APRIL 1, 2024 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED APRIL 15, 2024 (CLERK’S FILE NO. 201-3)
City Council Regular Minutes
April 15, 2024
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: AWARD OF CONSTRUCTION CONTRACT TO PRESTIGE PAVING COMPANY, INC.
FOR THE 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT (CLERK’S FILE NO. 103-6, 406-1)
Council awarded a $93,750 construction contract to Prestige Paving Company, Inc. for the 20th Street Lifeguard Tower Driveway Project; awarded a $14,875 Task Order to Dudek for Construction Management and Inspection Services; approved a 10% project contingency of $9,375; authorized the City Manager to execute the required documents and any contract changes necessary to complete the work; and amended the Fiscal Year 2023-2024 Operating and Capital Budget as described in the Fiscal Impact Section of this report, on consent.
ITEM 6: AMENDMENT TO THE TRAFFIC AND PARKING ADVISORY COMMITTEE WORK PLAN (CLERK’S FILE NO. 401-5)
Council approved the revised Fiscal Year (FY) 2024-25 TPAC Work Plan, on consent.
ITEM 7: SECOND READING OF AN ORDINANCE TO AMEND THE ZONING CODE AND
CERTIFIED LOCAL COASTAL PROGRAM TO INCREASE DENSITY IN THE
CENTRAL COMMERCIAL AND PUBLIC FACILITIES ZONES TO IMPLEMENT HOUSING ELEMENT PROGRAMS 1C AND 1H (CLERK’S FILE NO. 304-7, 401-4, 401- 9)
Mayor Druker was recused from the item due to living within 500 feet of the subject matter of that discussion. Council adopted Ordinance 1006, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING THE DEL MAR MUNICIPAL CODE (ZONING CODE) CHAPTER 30.22 CENTRAL COMMERCIAL (CC) ZONE REGULATIONS AND CHAPTER 30.31 PUBLIC FACILITIES (PF) ZONE; AND THE CITY’S CERTIFIED LCP ALL RELATING TO IMPLEMENTATION OF THE 6TH CYCLE HOUSING ELEMENT PROGRAMS 1C (CC ZONE) AND 1H (PF ZONE)”, to increase the local housing stock capacity also required per California Government Code Section 65863, on consent.
COMMISSION AND COMMITTEE INTERVIEWS
ITEM 8: DESIGN REVIEW BOARD INTERVIEW AND APPOINTMENT (CLERK’S FILE NO. 401- 5)
Mayor Druker introduced the item. Administrative Services Manager/City Clerk Krietor provided a brief presentation describing the interview and voting process.
There were no public speakers for the item.
City Council Regular Minutes
April 15, 2024
IT WAS MOVED BY COUNCILMEMBER WORDEN SECONDED BY MAYOR DRUKER TO CONTINUE
THE ITEM TO CONSIDER A THIRD APPLICANT WHOSE APPLICATION WAS RECEIVED AFTER THE DEADLINE. (VOTE 2-3) MOTION FAILED WITH DEPUTY MAYOR GAASTERLAND AND COUNCILMEMBERS MARTINEZ AND QUIRK VOTING NO.
Ayes: Mayor Druker and Councilmember Worden; Noes: Deputy Mayor Gaasterland and Councilmembers Martinez and Quirk; Recuse: 0; Absent: 0; Abstain: 0.
City Council interviewed the applicants Hendrik Jensen and Steve Mitgang and voted on the appointment. The first round of voting did not result in any applicant receiving the three votes required to be appointed to the Design Review Board. Mayor Druker and Councilmember Worden abstained from voting; Deputy Mayor Gaasterland and Councilmember Martinez voted for Hendrik Jensen; and Councilmember Quirk voted to appoint Steve Mitgang.
IT WAS MOVED BY COUNCILMEMBER QUIRK, SECONDED BY DEPUTY MAYOR GAASTERLAND TO VOTE AGAIN DUE TO LACK OF MAJORITY VOTES. (VOTE 3-2, WITH MAYOR DRUKER AND COUNCILMEMBER WORDEN VOTING NO).
Ayes: Deputy Mayor Gaasterland, Councilmembers Martinez and Quirk; Noes: Mayor Druker and Councilmember Worden; Recuse: 0; Absent: 0; Abstain: 0.
COUNCILMEMBER WORDEN MADE A SUBSTITUTE MOTION, SECONDED BY MAYOR DRUKER TO CONTINUE THE ITEM. (VOTE 2-3) MOTION FAILED WITH DEPUTY MAYOR GAASTERLAND, COUNCILMEMBERS MARTINEZ AND QUIRK VOTING NO.
Ayes: Mayor Druker, and Councilmember Worden; Noes: Deputy Mayor Gaasterland and Councilmembers Martinez and Quirk; Recuse: 0; Absent: 0; Abstain: 0.
Council voted again and the second round of voting did not result in an applicant receiving the required three votes to be appointed to serve on the DRB. Mayor Druker and Councilmember Worden abstained from voting; Deputy Mayor Gaasterland and Councilmember Martinez voted for Hendrik Jensen; and Councilmember Quirk voted to appoint Steve Mitgang.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER QUIRK TO VOTE FOR A THIRD TIME. (VOTE 3-0-2, WITH MAYOR DRUKER AND COUNCILMEMBER WORDEN ABSTAINED).
Ayes: Deputy Mayor Gaasterland, Councilmembers Martinez and Quirk; Noes:0; Recuse: 0; Absent:
0; Abstain: Mayor Druker and Councilmember Worden.
In the third round of voting, Deputy Mayor Gaasterland and Councilmembers Martinez and Quirk voted to appoint Hendrik Jensen to the DRB to serve a full four-year term beginning April 15, 2024, and ending April 30, 2028. Mayor Druker and Councilmember Worden abstained from voting.
PUBLIC HEARING
ITEM 9: INTRODUCTION OF DENSITY BONUS ORDINANCE TO IMPLEMENT STATE LAW AND HOUSING ELEMENT PROGRAM 1G (CLERK’S FILE NO. 304-7, 401-4, 401-9) City Council Regular Minutes
April 15, 2024
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, and Assistant City Attorneys Wendy House and Ralph Hicks were available to answer questions.
Council questions focused on senior housing; concessions and waivers; incentives; pre-application process; density bonus ordinance in relation to the California Coastal Act; equity sharing agreement; sale of deed restricted affordable housing/condo units; severability section of the proposed ordinance; height waivers; and floor to area ratio waivers.
There were no public speakers.
Council discussion focused on the amendment proposed by Councilmember Worden to Del Mar Municipal Code (DMMC) section 30.90.010 – Purpose, which was read into the record by Councilmember Worden (page 3 of 16 of the ordinance); requirements being imposed on the City by the State; California Coastal Commission’s unanimous vote to oppose amendments to the density bonus law that would undermine the California Coastal Act; and appreciation to staff for their work on this item.
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY DEPUTY MAYOR
GAASTERLAND TO INTRODUCE AN ORDINANCE TO REPEAL AND REPLACE THE EXISTING
DENSITY BONUS REGULATIONS IN DEL MAR MUNICIPAL CODE (DMMC) DENSITY BONUS CHAPTER 30.90 IN COMPLIANCE WITH THE CITY’S CERTIFIED 6TH CYCLE HOUSING ELEMENT (2021-2029) PROGRAM 1G AND STATE DENSITY BONUS LAW (CALIFORNIA GOVERNMENT CODE SECTIONS 65915, ET SEQ.), WITH THE AMENDMENT READ INTO THE RECORD BY COUNCILMEMBER WORDEN (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: RESOLUTION APPROVING THE DEL MAR PROJECTS FOR INCLUSION IN THE
TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2024-2025 THROUGH 2028-2029 (CLERK’S FILE NO. 901-5, 1506-1) There were no public speakers for the item. Mayor Druker opened and closed the public hearing and the item was moved to the Consent Calendar for approval of Resolution 2024-13, “A RESOLUTION OF THE
OF THE CITY OF DEL MAR, CALIFORNIA, ADOPTING THE LIST OF DEL MAR PROJECTS FOR
INCLUSION IN THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2025 THROUGH 2029”, as part of the Regional Transportation Improvement Program.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 7:45 p.m. to 7:51 p.m.
CITY COUNCIL OTHER BUSINESS
ITEM 11: SAN DIEGUITO DRIVE IMPROVEMENTS PROJECT UPDATE, ENGINEER’S REPORT RELATED TO PROJECT BENEFITS, AND PROPOSITION 218 RESOLUTIONS (CLERK’S FILE NO. 201-10, 401-7, 801-1)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Project Manager II Martin Boyd and SCI Consulting President John Bliss. Assistant City Attorney Ralph Hicks and City Manager Jones were available to answer questions.
City Council Regular Minutes
April 15, 2024
Council questions focused on drivable road widths; project contingency; timing for initiating the levy if the assessment district is approved by voters; timing for the construction contract award; clarification on the permitting process including whether a Coastal Development Permit (CDP) is required for this project; whether cost for a CDP is included in the project budget; status of the project’s environmental review process; options for handling any savings from the project; rationale as to why Proposition 218 excludes increase in property value as a consideration when forming an assessment; payment of the assessment through property tax; rationale for developing the assessment by parcel; vote required to pass benefit assessment; whether the Council can require a higher voting requirement than is required by Proposition 218; whether private Oribia Road was engaged as part of the process; whether a minimum number of respondents/voters is required by Proposition 218; City communication efforts to reach voters in the proposed assessment district; and voting process.
Mayor Druker opened the item to public comment and the following people spoke:
1) Amy Cheshire with a donation of time from Greg Rothnem 2) Reid Westburg
Mayor Druker closed the item to public comment.
Council discussion focused on appreciation to staff for their work on the project and their presentation; benefit of providing an interest free assessment to residents on San Dieguito Drive and Oribia Road; rational for the proportionality included in the project benefit analysis completed by SCI; efficiencies gained by coordinating the San Dieguito Drive and X1A undergrounding project; public benefits associated with the proposed project; cost and approach of the project; City process for repaving roads in the City’s existing street/roadway system and the Pavement Condition Assessment and paving management plan approved by the City Council on March 4, 2024; rational to how the per property assessment was decided versus other methods that may have been available.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER MARTINEZ, TO ADOPT RESOLUTION 2024-14 AS AMENDED BY THE STAFF RED DOT, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, PROVIDING INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 2024-25, PRELIMINARILY APPROVING
THE ENGINEER'S REPORT, AND PROVIDING FOR NOTICE OF HEARING, AND THE MAILING OF ASSESSMENT BALLOTS FOR THE SAN DIEGUITO DRIVE IMPROVEMENT DISTRICT”. (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.
IT WAS MOVED BY MAYOR DRUKER, SECONDED BY COUNCILMEMBER WORDEN TO ADOPT RESOLUTION 2024-15, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ADOPTING PROCEDURES FOR THE PROPOSITION 218 ASSESSMENT BALLOT PROCEEDINGS FOR THE SAN DIEGUITO DRIVE IMPROVEMENT DISTRICT”. (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 12: COUNCIL CONSIDERATION TO CENSURE COUNCIL MEMBER DANIEL QUIRK FOR
PERSONAL VIOLATIONS OF THE BROWN ACT, CITY COUNCIL POLICIES, DEL MAR MUNICIPAL CODE, AND RELATED MISCONDUCT (CLERK’S FILE NO. 101-2, 401-1)
City Council Regular Minutes
April 15, 2024
An introduction to the item was provided by Mayor Druker. A presentation was provided by Special Counsel Irma Moisa.
Council questions focused on relationship between special counsel and the investigator; statement that the investigator and special counsel worked independently and were not directed by the City Council in any capacity; whether special counsel believes the investigation was conducted without bias; background of the investigator and special counsel; considerations related to the “guardrails” included in the proposed censure resolution; whether the proposed “guardrails” are commonly used to maintain respectful and productive employee/employer relationships; legal obligation of the City as an employer to provide a respectful work environment free of harassment; cost of the investigation; whether there was an initial investigator prior to the City hiring Ms. Kelepecz; inability of the first investigator to complete their investigation and need to hire a second investigator; whether the first investigator completed a draft report; schedule of San Dieguito Drive neighborhood and public meetings in July, August and September 2024; witness interviews; project costs and timelines for various City Capital Improvement Projects (CIP); and whether all Councilmembers read the investigators report.
Mayor Druker opened the item to public comment and the following people spoke:
1) Suren Dutia with a donation of time from Jas Grewal
2) Steve Quirk
3) Karen Lare
Mayor Druker closed the item to public comment.
Councilmember Quirk left the meeting at 9:08 p.m.
Council discussion and comments focused on appreciation and support for the City Manager; investigator’s assessment that Councilmember Quirk was “credibility challenged”; appreciation to Special Counsel and the investigator for their work managing the investigation process; concerns related to Councilmember Quirk’s Brown Act violations and related legal liabilities; concerns related to Councilmembers Quirk’s violation of the City Manager’s Employment Agreement, City Council and City Manager Guiding Principles, and Del Mar Municipal Code (DMMC) related to the division of the roles and responsibilities of the City Manager and City Council; concerns regarding Councilmember Quirk’s interaction with staff in multiple City departments that violated the DMMC, City Manager’s Employment agreement and City Council and City Manager Guiding Principles; concern that Councilmember Quirk may not change his behavior after completion of the investigation and desire for the City Council to take action via the proposed censure resolution to protect the City Manager and staff and maintain a respectful work environment for City employees; free speech rights of the Council as a body and Councilmembers as individuals; need for Council and staff to work within the established rules and framework; Councilmember Quirk’s disrespectful and disparaging conduct directed towards staff and City consultants observed by other City Council members and described in the investigation report; concerns regarding Councilmember Quirk’s tone of discourse when interacting with staff, including the other designated Council liaison on Councilmember Quirk’s communications and meetings with staff; and Councilmember’s attempts to meet with Councilmember Quirk to address concerns regarding his behavior.
Mayor Druker provided City Manager Jones the opportunity to comment. City Manager Jones provided comments regarding the roles and responsibilities of the City Manager and City Council; her role as City Manager to ensure that she and staff implement the direction provided by the full City Council in the public forum and not to take direction provided by individual Councilmembers; and expressed desire to work collaboratively with the entire City Council to address the important issues and challenges facing Del Mar.
City Council Regular Minutes
April 15, 2024
Councilmember Martinez provided closing comments focused on City Councilmembers’ obligation to work together on behalf of the City, its residents, and City staff; Councilmember Quirk’s repeated disrespectful behavior towards City staff; Councilmembers’ obligation to protect the City from liability associated with Councilmember Quirk’s actions; and desire to move forward.
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER MARTINEZ TO ADOPT RESOLUTION 2024-16, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, CENSURING COUNCIL MEMBER DANIEL QUIRK FOR PERSONAL
VIOLATIONS OF THE BROWN ACT, COUNCIL POLICIES, DEL MAR MUNICIPAL CODE, AND RELATED MISCONDUCT”. (VOTE 4-0-1, WITH COUNCILMEMBER QUIRK ABSENT) Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, and Worden; Noes:
0; Recuse: 0; Absent: Councilmember Quirk; Abstain: 0.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
This item was deferred to the May 6, 2024 City Council meeting.
ADJOURNMENT
Mayor Druker adjourned the meeting at 9:29 p.m.
Sarah Krietor, Administrative Services Manager/
City Clerk