CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
MAY 20, 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 recusals or reportable actions for the May 20, 2024, City Council Closed Session meeting. Councilmember Quirk was absent from Closed Session and Deputy Mayor Gaasterland was present only for the first 10 minutes of Closed Session due to a work conflict.
PLEDGE OF ALLEGIANCE
Deputy Mayor Gaasterland led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Druker opened public oral communication and Ellen Burr spoke regarding San Diego Association of Governments (SANDAG) and the North County Transit District (NCTD). Mayor Druker closed public oral communication.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Worden reported on the Oceans at Our Door Step event held on May 15, 2024, sponsored by the Coalition for Climate Change in Del Mar; SANDAG Bike to Work Day event held on May 16, 2024; Assembly Bill 2560 related to the State’s density bonus law and the California Coastal Act; Ocean Protection Council releasing the final draft of their Sea-Level Rise Guidance on May 28, 2024, that will become the guidance that California Coastal Commission uses moving forward; and the death of local artist James Hubble who created the sculpture at the Del Mar Library. Deputy Mayor Gaasterland commented on the SANDAG Bluff 5 construction and concerns about the base fill being used behind the seawalls and the University of California strike.
CITY MANAGER’S REPORT
City Manager Ashley Jones responded to Council comments related to the SANDAG Bluff 5 project and reported on an upcoming construction site walk with City staff, the Council Rail Subcommitte, and City Council Regular Minutes
May 20, 2024
SANDAG staff; and reported on Public Works Week which will be celebrated on Wednesday, May 22, 2024, at the Public Works Yard.
PRESENTATIONS
ITEM 1: PRESENTATION ON THE 2024 SAN DIEGO COUNTY FAIR (CLERK’S FILE NO. 1502- 10)
A presentation was provided by Del Mar Fairgrounds Chief Executive Officer (CEO) Carlene Moore.
City Council comments focused on appreciation to Del Mar Fairgrounds CEO Carlene Moore for her presentation and essential revenue the Fair generates for the City of Del Mar.
There were no public speakers for the item.
ITEM 2: PROCLAMATION DECLARING JUNE 12TH AS SAN DIEGO COUNTY FAIR DAY (CLERK’S FILE NO. 1201-5, 1502-10)
Mayor Druker presented a proclamation to Fairgrounds CEO Carlene Moore, declaring June 12, as San Diego County Fair Day in Del Mar.
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 COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 3 THROUGH 7, AND ITEM 9, WITH AMENDMENT TO ITEM 6 READ INTO THE RECORD. (VOTE 5-0) Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 3: APPROVAL OF MINUTES: MAY 6, 2024 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 4: RATIFICATION OF LIST OF DEMANDS, DATED MAY 20, 2024 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.
ITEM 5: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
ITEM 6: AGREEMENT FOR CITYWIDE JANITORIAL SERVICES (CLERK’S FILE NO. 406-1) City Council Regular Minutes
May 20, 2024
Council approved an Agreement with Aztec Janitorial Service to provide citywide janitorial services for an initial three-year period effective June 1, 2024, through May 31, 2027; and authorized the City Manager to execute the agreement and any subsequent term extension amendments provided for under the Agreement contingent upon satisfactory performance by the contractor, on consent.
ITEM 7: SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER
21.12 – WATER SUPPLY – WATER RATES AND CHARGES; CHAPTER 21.70 – EMERGENCY WATER MANAGEMENT; AND CHAPTER 22.04 – GENERAL (SEWERS AND SEWAGE DISPOSAL) OF THE DEL MAR MUNICIPAL CODE (CLERK’S FILE NO. 401-4, 401-9, 907-4)
Council adopted Ordinance 1008, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AMENDING THE DEL MAR MUNICIPAL CODE CHAPTER 21.12 – WATER SUPPLY – WATER RATES AND CHARGES, CHAPTER
21.70 – EMERGENCY WATER MANAGEMENT, CHAPTER 22.04 - SEWERS AND SEWAGE DISPOSAL – GENERAL”, to establish new water and wastewater rates, effective July 1, 2024, on consent.
ITEM 8: CITY COUNCIL CONSIDERATION OF SUPPORT FOR THE CAMPAIGN FOR A SAFE AND HEALTHY CALIFORNIA IN COMPLIANCE WITH SENATE BILL 1137 (GONZALEZ) (CLERK’S FILE NO. 401-7)
The item was pulled from the consent calendar for public comment. Mayor Druker opened the item to public speakers and the following individuals spoke in support:
1) Sofia Carrasco
2) Taarika Sethee
3) Daryn Tarasweicz
4) Charlotte Sach
5) Allison Lee
Mayor Druker closed the item to public comment.
Council discussion focused on the proposed legislation; appreciation to the students of Youth v. Oil for bringing the item forward; and support for communities outside of Del Mar.
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY
COUNCILMEMBER MARTINEZ TO ADOPTED RESOLUTION 2024-21, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA IN
SUPPORT OF RETAINING HEALTH AND SAFETY SETBACK REGULATIONS FOR
NEW OIL AND GAS DRILLING AND ENDORSING THE CAMPAIGN FOR A SAFE AND HEALTHY CALIFORNIA”, in compliance with Senate Bill (SB) 1137. (VOTE 4-0-1
WITH COUNCILMEMBER QUIRK ABSTAINED)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: Councilmember Quirk.
ITEM 9: RESOLUTIONS CALLING FOR A 2024 GENERAL MUNICIPAL ELECTION (CLERK’S FILE NO. 402-1, 402-3)
City Council Regular Minutes
May 20, 2024
Council adopted RESOLUTION 2024-18, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DEL MAR, CALIFORNIA, CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION OF
CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES”, RESOLUTION 2024- 19, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
SAN DIEGO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE”, and RESOLUTION 2024-20, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DEL MAR, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES’ STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024”, in preparation for a November 5, 2024, General Municipal Election, on consent.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 8:25 to 8:30 p.m.
CITY COUNCIL OTHER BUSINESS
ITEM 10: COUNCIL CONSIDERATION OF SUPPORT FOR SENATE BILL 1098 (BLAKESPEAR) REGARDING THE LOSSAN RAIL CORRIDOR (CLERK’S FILE NO. 401-7) An introduction to the item was provided by Mayor Druker and City Manager Jones. A presentation was provided by Principal Consultant Alex Davis from California State Senator Catherine Blakespear’s office.
Council questions focused on LOSSAN Rail Corridor Agency’s responsibilities as they relate to Senate Bill 1098 (SB 1098); compliance reporting included in the proposed legislation; rail ridership; federal funding and cost benefit analysis for projects receiving federal funding; recent amendments to the legislation described in the staff red dot; and meaning of planning stage phrasing used in the legislation.
There were no public speakers for the item.
Council discussion focused on working groups and hearings held in Orange County by the LOSSAN Rail Corridor Agency; train ridership; importance of the LOSSAN Rail Corridor; metric of cost versus ridership and government accountability; potential for ridership numbers to increase; appreciation to Alex Davis for presenting on this item; and support for legislation providing coordination amongst agencies in the LOSSAN Rail Corridor.
IT WAS MOVED BY MAYOR DRUKER, SECONDED BY DEPUTY MAYOR GAASTERLAND TO APPROVE SENDING A LETTER OF SUPPORT FOR SENATE BILL 1098 (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 11: DISCUSSION OF DRAFT REGULATORY FRAMEWORK AND POLICY DIRECTION FOR SHORT TERM RENTAL REGULATIONS (CLERK’S FILE NO. 301-19) City Council Regular Minutes
May 20, 2024
A presentation was provided by Principal Planner Amanda Lee and Assistant City Attorney Wendy House.
Mayor Druker opened the item to public comment and the following people spoke:
1) Laura DeMarco with donations of time from Gina Mattern and Jennifer McDowell 2) Steven McDowell
3) Jerry Pascale
4) Ed Kurdziel
5) Lauren Rones
6) Kimberly Jackson
7) Ken Assi
8) Linda Watts
9) Don Instone
10) Anthony Gattineri
Mayor Druker closed the item to public comment.
Council questions focused on proposed regulation related to transfer of property among family members; transient occupancy tax; whether future Councils can adjust and evolve the Short-Term Rental (STR) regulations; definition of non-hosted and hosted STRs; number of hosted STRs in Del Mar; whether a sentence referencing recent increase of STRs included in the proposed regulatory framework can be removed; discretionary inspections included in the proposed regulatory framework; changing perspective of the CCC related to long-term housing and STRs; recent CCC approvals of STR regulations for other agencies; permitting process for new STRs; Home Owners Association (HOA) regulations and how they relate to the City’s proposed STR regulatory framework; how complaints will be handled; census identified housing vacancy rate; and purpose of the primary residence requirement for new STRs.
Council discussion focused on the history of STRs in Del Mar; enforcement and good neighbor policies; flexibility for future Council’s to adjust regulations, as needed; appreciation to staff for their work on the item; primary residence requirement for new STRs and related CCC requirements; nexus between STR regulations and state housing law; clarification on the recommended action; consideration of a sunset date for existing STRs to come into compliance with regulations for new STRs; acceptable documentation of primary residence for new STRs; rational for including LLC and excluding LLP from acceptable types of ownership; encouraging members of the public to submit their comments or concerns related to STR regulations; rational for the proposed cap; appreciation to the public for their input and engagement regarding development of regulations; and desire for staff to look into Coastal Del Ray HOA STRs.
ITEM 12: CONSIDERATION TO PLACE A GENERAL TAX MEASURE ON THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION BALLOT FOR SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE AMENDING THE CITY’S
EXISTING TRANSIENT OCCUPANCY TAX REGULATIONS AND AUTHORIZING
COLLECTION OF TRANSIENT OCCUPANCY TAX FROM SHORT-TERM RENTALS (CLERK’S FILE NO. 201-10, 402-1, 402-3)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Administrative Services Manager/City Clerk Sarah Krietor and Finance Manager/Treasurer Monica Molina. Assistant City Attorney Wendy House was available to answer questions.
Council questions focused on records provided to the City by hotels when TOT is remitted to the City; rational for recommending a ballot measure versus the Council amending the TOT ordinance; where the definition of hotel currently in the code may have originated; implementation costs associated with taxing STRs; desire not to apply and collect TOT on booking fees paid to third-party hosting platforms; voting City Council Regular Minutes
May 20, 2024
requirements to place the measure on the ballot and for the measure to be approved; requirement for a super majority vote if Council earmarks the revenue for a certain purpose; consideration to allocate excess revenue to a special purpose by resolution; whether TOT would apply to 941 Camino del Mar; and whether the City can be cost-neutral for STR regulations without collecting TOT.
Mayor Druker opened the item to public comment and the following people spoke:
1) Laura DeMarco with a donation of time from Ed Kurdziel 2) Jennifer McDowell
3) Gina Mattern
4) Jerry Pascale
5) Lauren Rones
6) Kimberly Jackson
7) Jennifer McDowell
Mayor Druker closed the item to public comment.
Council consensus was to proceed with the ballot measure and for staff to return with more information related to booking fees, resort fees, and the ballot measure process and timeline related to ballot arguments and rebuttals.
ITEM 13: CONCERNS RELATED TO STATE ECONOMIC DEVELOPMENT DEPARTMENT (EDD) JOBS DATA AND DEL MAR 6TH CYCLE REGIONAL HOUSING NEEDS ASSESSMENT (RHNA) ALLOCATION (CLERK’S FILE NO. 303-1)
Mayor Druker introduced the item. A presentation was provided by Deputy Mayor Gaasterland and Councilmember Martinez.
Mayor Druker opened the item to public comment and the following people spoke:
1) Greg Rothnem with a donation of time from Deb Rothnem 2) John Spelich
3) Karen Lare
4) Jeff Sturgis
Mayor Druker closed the item to public comment.
Council discussion focused on the avenues the City previously pursued or considered to address these concerns including tracking and monitoring RHNA litigation initiated by other agencies, seeking a second and possibly a third legal opinion, working with Del Mar legislative representatives to pursue a legislative fix; concerns about the accuracy of the EDD data used by SANDAG to develop the City’s RHNA allocation; concerns and considerations related to revising the City’s Housing and HCD approved Housing Element; additional information the City has acquired from EDD and SANDAG related to how the RHNA job numbers were calculated.
Council consensus was for Deputy Mayor Gaasterland and Councilmember Martinez to work with staff to bring back a proposal exploring additional actions the City may take including seeking a second outside legal opinion, developing a statement about what Del Mar believes the job numbers and RHNA allocation should have been; mechanism for ensuring that Del Mar job numbers are accurately reflected in the City’s Annual Comprehensive Financial Report, and having additional follow-up on this topic with SANDAG staff.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council Regular Minutes
May 20, 2024
City Council representatives reported on the Del Mar Community Connections; Lagoon Committee; Sustainability Advisory Committee; League of California Cities- Coastal Cities; Local Government Working Group; SANDAG Sediment Management Taskforce; Parks and Recreation Committee; CSA-17 Ambulance Committee; and NCTD.
ADJOURNMENT
Mayor Druker adjourned the meeting at 9:20 p.m.
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Sarah Krietor, Administrative Services
Manager/City Clerk