CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
MAY 6, 2024
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
And via teleconference
1317 Irving Avenue, Colonial Beach, VA 22443
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 (participated remotely); Councilmembers Tracy Martinez, Dan Quirk (left the meeting at 6:09 p.m.), and Dwight Worden ITEM 1: STATEMENT (JUST CAUSE) AND/OR CONSIDERATION OF A REQUEST TO
PARTICIPATE REMOTELY (EMERGENCY CIRCUMSTANCES) BY A
COUNCILMEMBER.
Deputy Mayor Gaasterland provided a statement of just cause and stated that no individuals over the age of 18 were present with her at her remote location.
CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that there were no recusals for the May 6, 2024, City Council Closed Session meeting. She reported that Councilmember Quirk was absent from closed session and Deputy Mayor Gaasterland joined closed session remotely at 3:35 p.m. City Attorney Devaney reported that while there were no legally reportable actions for Item A on the closed session agenda, the Council wished her to make the following report out, “On April 22, 2024, Judge Kin ruled in favor of the charter cities in the Redondo Beach v. Attorney General SB 9 litigation. This case challenged the constitutionality of the application of SB 9 to charter cities by arguing that because SB 9 does not actually require any housing unit be affordable, it is not “reasonably related” to promoting affordable housing and not “narrowly tailored” to avoid unnecessary interference with local control. State laws that do not meet this standard cannot be applied to charter cities because they impermissibly interfere with a charter city’s local control. While we are happy with this outcome, we expect the ruling to be appealed. In the meantime, and until the court issues an order that provides otherwise, the requirements of SB 9 do not apply in the City of Del Mar and the City can decline to approve applications for housing projects filed under SB 9.” City Attorney Devaney also referenced a Coast News article published on April 21, 2024 titled “LA judge rules SB 9 unconstitutional in lawsuit brought by SoCal cities”.
City Council Regular Minutes
May 6, 2024
PLEDGE OF ALLEGIANCE
Councilmember Martinez led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
The Mayor opened public oral communications and John Imperato spoke regarding the Traffic and Parking Advisory Committee (TPAC) April meeting and the committee’s work plan.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Worden spoke about the Pure Water Program Phase 1 completion and inquired whether the City Council would like to receive a presentation from the METRO JPA on this topic. Councilmember Quirk announced that he will be leaving the meeting for a personal engagement after the San Diego Association of Governments (SANDAG) presentation. Councilmember Martinez reported on the City Council Retreat held on April 22, 2024, which included Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez and Worden, City Manager Ashley Jones and Assistant City Manager Clem Brown and focused on topics related to good governance.
CITY MANAGER’S REPORT
City Manager Jones reported that the City’s newly renovated Tot Lot received the Project of the Year Award in the Parks Category by the American Public Works Association (APWA), San Diego Chapter; receipt of two separate County grant funding awards for the Riverpath Phase 3 project totaling $35,000; and recruitment to fill three upcoming vacancies on the Planning Commission. Community Services Director Jon Edelbrock reported on the City’s preparations for the La Jolla Half Marathon to be held on May 18, 2024, and he responded to Council questions related to the May 17, 2024, SANDAG Bike to Work Day.
PRESENTATIONS
ITEM 2: PRESENTATION ON OCEANSIDE LITTORAL CELL FROM GREG HEARON P.E., COASTAL FRONTIERS CORPORATION (CLERK’S FILE NO. 1404-1) Councilmember Worden introduced the item. A presentation was provided by Greg Hearon P.E. of Coastal Frontiers.
City Council questions and discussion focused sand grain size and its impact on sand retention; depth of closure; the impacts, if any, of the SANDAG Del Mar Bluff 5 Project and the US Army Corps of Engineers (USACE) off shore sand replenishment project on the City of Del Mar’s beach sand; impact of seawall and rip rap on sand retention generally; monitoring of effects of sand removal from offshore borrow sites and age and type of sand being removed from the site; historical sea-level rise along the San Diego Coast; SANDAG Regional Beach Sand Replenishment Phase 3 project; volume of sand available in local borrow site(s); whether sand placed on beaches in Solana Beach and Encinitas will end up in Del Mar; theories related to northern versus southern movement of sand; and appreciation to Greg Hearon for his presentation.
There were no public speakers for the item.
ITEM 3: CONSTRUCTION UPDATE ON DEL MAR BLUFFS STABILIZATION PROJECT PHASE 5 FROM THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) (CLERK’S FILE NO. 1404-2, 1506-1)
City Council Regular Minutes
May 6, 2024
Mayor Druker introduced the item. A presentation was provided by SANDAG Principal Engineer Bruce Smith. City Manager Jones addressed questions related to beach access during construction.
City Council questions focused beach access and gaps in the seawall; construction notice and timeline for constructing the seawalls; whether it is possible to place excavated sand for placement of the seawalls back on the beach as part of the project; funding for the project mitigation required by the California Coastal Commission (CCC); construction staging areas; and SANDAGs coordination with CCC on the project.
Mayor Druker opened the item to public comment and Drew Cady and Camilla Rang spoke. Mayor Druker closed the item to public comment.
Council discussion focused on support for the public speakers’ comments; concerns about the projects impacts on Del Mar’s coastline and the process for placing the walls and impacts to safety and beach access points; focus on removing the train from the Del Mar bluff; and concerns about the black plastic fencing that has been installed as part of the project.
Councilmember Quirk left the meeting at 6:09 p.m. following the conclusion of this agenda 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 COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 4 THROUGH 10. (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.
ITEM 4: APPROVAL OF MINUTES: APRIL 15, 2024 REGULAR AND SPECIAL MEETING; APRIL 22, 2024 SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes with the amendment noted at the meeting, on consent.
ITEM 5: RATIFICATION OF LIST OF DEMANDS, DATED MAY 6, 2024 (CLERK’S FILE NO. 201- 3)
Council approved the list of demands, on consent.
ITEM 6: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
ITEM 7: SECOND READING AND ADOPTION OF DENSITY BONUS ORDINANCE TO IMPLEMENT STATE LAW AND HOUSING ELEMENT PROGRAM 1G (CLERK’S FILE NO. 304-7, 401-4, 401-9)
Council adopted Ordinance 1007, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, TO REPEAL AND REPLACE THE DEL MAR City Council Regular Minutes
May 6, 2024
MUNICIPAL CODE CHAPTER 30.90 DENSITY BONUS REGULATIONS FOR
CONSISTENCY WITH STATE DENSITY BONUS LAW IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 65915 ET SEQ., RELATING TO IMPLEMENTATION OF THE 6TH CYCLE HOUSING ELEMENT PROGRAM 1G”, on consent.
ITEM 8: AMENDMENTS TO THE CITY’S PERSONNEL RULES AND REGULATIONS MANUAL (CLERK’S FILE NO. 503-1)
Council adopted Resolution 2024-17, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING THE CITY’S PERSONNEL RULES AND REGULATIONS MANUAL”, to comply with changes to state legislation related to sick and bereavement leaves, on consent.
ITEM 9: FOURTH AMENDMENT TO THE METRO WASTEWATER JOINT POWERS AUTHORITY AGREEMENT (CLERK’S FILE NO. 406-1, 1506-19)
Council approved the Fourth Amendment to the Metro Wastewater Joint Powers Authority Agreement; and authorized the City Manager to execute the Amendment, on consent.
ITEM 10: ACCEPTANCE OF A DONATION OF WATER FOUNTAIN/BOTTLE FILLING STATIONS FROM THE DEL MAR VILLAGE ASSOCIATION (CLERK’S FILE NO. 201- 16, 1202-5)
City Manager Jones provided comments about the water fountain/bottle filling station project and thanked Del Mar Village Association (DMVA) CEO Jen Grove for her hard work on this project. City Council expressed their appreciation to DMVA as well.
Council accepted a donation of six water fountain/bottle filling stations and associated installation from the Del Mar Village Association (DMVA) to replace existing fountains in public locations throughout the City, on consent.
PUBLIC HEARING
ITEM 11: INTRODUCTION OF AN ORDINANCE AMENDING THE DEL MAR MUNICIPAL CODE CHAPTER 21.12 – WATER SUPPLY – WATER RATES AND CHARGES; CHAPTER
21.70 – EMERGENCY WATER MANAGEMENT; AND CHAPTER 22.04 – GENERAL (SEWERS AND SEWAGE DISPOSAL) (CLERK’S FILE NO. 401-4, 401-9, 907-4) An introduction to the item was provided by Mayor Druker. A brief presentation was provided by City consultants from HF&H Project Manager Gabe Sasser and Vice President Rick Simonson. Public Works Director Joe Bride and Finance Manager Monica Molina were available to answer questions.
Council questions focused on the red dot communication related to irrigation and sewer meters; basis for meter size; process and applicable building codes for downsizing the meter; how residents can check the accuracy of the meters; City process for replacing water meters; purple pipe expansion project; and rational for charging different rates for 5/8” and 3/4" meters.
There were no public speakers for the item.
City Council Regular Minutes
May 6, 2024
Council discussion focused on the METRO Wastewater JPA plans related to billing; whether staff received any protests or questions from the public regarding the rate changes; and high quality of water and wastewater services provided by the City to residents.
IT WAS MOVED BY COUNCILMEMBER WORDEN AND SECONDED BY COUNCILMEMBER MARTINEZ TO INTRODUCE THE PROPOSED ORDINANCE. (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.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 7:29 to 7:49 p.m.
CITY COUNCIL OTHER BUSINESS
ITEM 12: CAMINO DEL MAR BRIDGE PROJECT UPDATE (CLERK’S FILE NO. 803-3) An introduction to the item was provided by Mayor Druker. A presentation was provided by Principal Engineer Karen Falk. Public Works Director Bride was available to answer questions. City consultant, Kleinfelder Vice President Jim Frost, was available to answer questions.
Council questions and discussion focused on whether federal funding for the project remains 88.5% (floating rate) if the bids come in higher than the engineer’s estimate; relocation of the gas line that is currently under the bridge; whether the pedestrian crossings will be replaced after the bridge replacement is complete; relationship between the bridge replacement and dredging for the San Dieguito Lagoon restoration during construction and after the new bridge is constructed; bidding climate; whether night work would be necessary; resident concerns related to the resident garden area by North Beach; staging area for construction; timing for making the decisions related to the aesthetic improvement options under consideration; why the hand rail on the east side of the bridge must be a crash tested rail; bike safety considerations; how the old bridge will be removed and whether that cost is included in the estimate presented to City Council; and cost for the Torrey Pines Bridge.
Council consensus was to move forward with planning and design for inclusion of pedestrian outlooks as part of the project; and not to include decorative columns; and to receive more information on the decorative railing on the west side, bike lane buffer enhancements, and decorative medians. Council consensus was for the item to return to City Council for final direction on the medians, bike buffers, and hand railing.
There were no public speakers for the item.
ITEM 13: CONSIDERATION OF A BALLOT MEASURE TO ADJUST CITY COUNCIL COMPENSATION (CLERK’S FILE NO. 401-1, 402-1, 502-1)
A presentation was provided by Mayor Druker and Deputy Mayor Gaasterland.
Council questions focused on culture of volunteerism in Del Mar; rational for the proposed compensation adjustment; regional Council compensation and benefits; Senate Bill 329; timing for the proposed compensation going into effect if approved by the voters; time commitment associated with being a City Councilmember; desire to increase the compensation for equity; concerns related to increasing Council compensation; indexing for future Council compensation adjustments; efficiencies gained and cost City Council Regular Minutes
May 6, 2024
savings associated with being able to approve future Council compensation changes via ordinance instead of by a vote of the electorate.
There were no public speakers for the item.
City Council consensus was to direct staff to prepare a resolution ordering an ordinance amending Council compensation be submitted to the qualified voters of Del Mar and that the ordinance include a base Council compensation of $950/month; $400/month contribution towards health insurance; and authorizing Council to make changes via ordinance moving forward.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the San Dieguito River Park JPA; Clean Energy Alliance; Del Mar Community Connections; Lagoon Committee; North County Transit District; SANDAG Regional Planning Committee; Housing Subcommittee; Del Mar Village Association; SANDAG Board; SANDAG Borders Committee; 22nd District Agricultural Board; and SANDAG Audit Committee.
ADJOURNMENT
Mayor Druker adjourned the meeting at 8:49 p.m.
________________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk