CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
JUNE 3, 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 (arrived at 5:18 p.m.), and Dwight Worden
CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that there were no recusals for the June 3, 2024, City Council Closed Session meeting and that Councilmember Quirk was absent from the meeting. She reported that for Item A related to a liability claim from Tate Scott the Council voted (4-0-1 with Councilmember Quirk absent) to settle the claim for $11,569.03. The original claim was for $31,859.03. She reported that there were no reportable actions for Items A and C.
PLEDGE OF ALLEGIANCE
Girl Scout Troops 3917 and 3224 led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Druker opened public oral communications and the following people spoke:
1) Bill Carpenter
2) Robert L. Simon
3) Jim Stricklin
4) Angelina Neglia
Mayor Druker closed public oral communications.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmembers Worden reported on the collapse of a portion of the Cost to Crest trail and the San Dieguito Riverpark JPA work with the 22nd Agricultural District to repair the trail.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on a shark incident resulting in significant injuries to a swimmer that occurred in Del Mar over the weekend and acknowledged the excellent work of the Del Mar Lifeguards and Fire Department in responding to the incident. Community Services Director Jon City Council Regular Minutes
June 3, 2024
Edelbrock presented on summer preparations. Council questions focused on the dog leash summer rules and hours and whether traffic flagging efforts will be used to clear the beach area. Current status of CSULB Shark Lab monitoring of sharks offshore. City Manager Jones responded to concerns raised by Bellaire residents related to the condition of the road following recent utility infrastructure work completed by the City.
PRESENTATIONS
ITEM 1: GIRL SCOUT TROOPS 3917 & 3224 BRONZE AWARD PRESENTATION (CLERK’S
FILE NO. 507-1, 1202-3)
Mayor Druker introduced the item. A presentation was provided by Girl Scout Troops 3917 and 3224.
City Council questions and discussion focused on appreciation to the troop for their work on the project.
There were no public speakers for the item.
ITEM 2: PROCLAMATION HONORING MARK RATHSAM'S 30 YEARS OF SERVICE TO DEL MAR (CLERK’S FILE NO. 1201-5)
Mayor Druker presented a proclamation to Deputy Community Services Director/Lifeguard Chief Mark Rathsam recognizing and thanking him for his years of service to the City. Deputy Lifeguard Chief Rathsam thanked the Council and provided comments.
City Council discussion focused on appreciation to Mark for his service to the Del Mar community.
Mayor Druker opened the item to public comment and Betty Wheeler spoke. Mayor Druker closed the item to public comment.
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 3 THROUGH 12. (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 3: APPROVAL OF MINUTES: MAY 20, 2024 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
City Council Regular Minutes
June 3, 2024
ITEM 4: RATIFICATION OF LIST OF DEMANDS, DATED JUNE 3, 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: BIENNIAL REVIEW AND UPDATE OF THE DEL MAR CONFLICT OF INTEREST CODE (CLERK’S FILE NO. 404-6)
Council received the report and adopted Resolution 2024-22, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING THE CITY OF DEL MAR CONFLICT OF INTEREST CODE”, to reflect changes in staff positions, on consent.
ITEM 7: APPOINTMENT TO THE UNDERGROUNDING PROJECT ADVISORY COMMITTEE (UPAC) (CLERK’S FILE NO. 401-5)
Council appointed Robert (Bob) Preston as a voting member to UPAC to serve a full three-year term starting June 3, 2024, and ending on June 30, 2027, on consent.
ITEM 8: PURCHASE OF EQUIPMENT TRAILER FROM SONSRAY MACHINERY (CLERK’S
FILE NO. 601-5)
Council approved the purchase of a trailer from Sonsray Machinery in the total amount of $16,000; and authorized the City Manager to execute the necessary paperwork to purchase the trailer, on consent.
ITEM 9: PURCHASE OF REPLACEMENT PARTS FOR THE SAN DIEGUITO PUMP
STATION
FROM ENVIRONMENTAL WATER SOLUTIONS, INC. (CLERK’S FILE NO. 601-5, 907-5)
Council approved the purchase of replacement parts for the San Dieguito Pump Station from Environmental Water Solutions, Inc. in the amount of $16,490; and authorized the City Manager to execute the necessary paperwork to facilitate the purchase, on consent.
ITEM 10: FISCAL YEAR 2024-2025 SENATE BILL 1 FUNDING FOR THE CITY’S ANNUAL PAVEMENT MANAGEMENT PROGRAM (CLERK’S FILE NO. 901-5)
Council adopted Resolution 2024-23, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DEL MAR, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1: THE ROAD REPAIR AND City Council Regular Minutes
June 3, 2024
ACCOUNTABILITY ACT OF 2017”, for the Citywide Annual Pavement Management Program, on consent.
ITEM 11: DEL MAR ANNUAL PREPARATIONS FOR SUMMER SEASON (CLERK’S FILE NO. 1101-1, 1404-1, 1502-10)
Council received a report on the City’s annual preparations for the upcoming summer season, on consent.
ITEM 12: AGREEMENT WITH TOWNSEND PUBLIC AFFAIRS FOR LEGISLATIVE ADVOCACY SERVICES (CLERK’S FILE NO. 401-7, 401-8, 406-1) Council approved a professional services agreement with Townsend Public Affairs to provide state and federal legislative advocacy services for an initial three-year period effective June 3, 2024, through June 2, 2027; and authorized the City Manager to execute the Agreement and any subsequent extensions allowed for under the Agreement based on satisfactory performance, on consent.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 7:40 to 8:00 p.m.
CITY COUNCIL OTHER BUSINESS
ITEM 13: PRELIMINARY CONCEPTUAL PLAN FOR LIVING LEVEES TO PROVIDE FLOOD ADAPTATION (CLERK’S FILE NO. 1404-1, 1404-2)
A presentation was provided by Principal Planner Amanda Lee. Planning and Community Development Director Karen Brindley and City consultants Chris Webb, Principal Coastal Scientist, and Carol Elden, Senior Coastal Engineer, with Moffat and Nichol were available to answer questions.
Council questions focused on how an overflow system would be engineered; whether the City would need to acquire any private property or easements as part of the project; whether there are any other living levee projects underway in the area; whether staff recommends the consultant’s proposal of the three levees; whether the proposal is consistent with the City’s sea-level rise adaptation plan; next steps in the project; whether any trails or the Public Works buildings would be eliminated or relocated due to the project; clarification and basis on estimated total project cost; depth of the San Dieguito River; whether there is an alternative to the 2-to-1 grade; rational for the two foot living levee; reason for the decrease from the initial project cost estimate and the updated cost estimate; how this projects fits within the budget and the City Council Goals and Priorities; whether Del Mar would be responsible for the funding; outside potential funding sources; whether the proposal includes dredging; provisions of the City’s Sea-level Rise Adaptation Plan related to dredging; whether staff plans to present this information to the Lagoon Committee; and whether this phase of the project is considered complete.
Mayor Druker opened the item to public comment and Carol Kerridge spoke. Mayor Druker closed the item to public comment.
City Council Regular Minutes
June 3, 2024
Council discussion focused on support for the project; desire for staff to provide the same presentation to the Lagoon Committee; importance of the project related to the City’s sea-level rise planning efforts; federal and state funding that may be available to fund the project; and desire to understand the number of homes that may be protected by the living levee project.
Council consensus was for staff to proceed with the project planning as presented and to continue researching grant funding opportunities for the project.
ITEM 14: RIVERPATH DEL MAR EXTENSION PROJECT PHASE 3 PROJECT UPDATE (CLERK’S FILE NO. 803-3)
A presentation was provided by Principal Engineer Karen Falk.
Council questions focused on the amount of grant funding the City has applied for to fund the project; whether the City has spent any City funds to date on the project; whether matching funds would increase chances of receiving grants; consideration and timing for beginning construction; whether the project cost estimate includes a contingency; timing for receiving CDP approval for the California Coastal Commission (CCC); and whether the CCC approval delay is related to the City not having funding for project.
There were no public speakers for the item.
Council discussion focused on outside funding sources for the project and pending state and federal grant applications; timing to receive grant funds if awarded; importance of the project and desire to see it completed; whether a friendly but firm statement from the City Council to the CCC help expedite permit approval would be helpful; and the project’s relationship to the Del Mar Community Plan.
ITEM 15: UNDERGROUNDING PROGRAM UPDATE AND TASK ORDER APPROVAL FOR UTILITY SPECIALISTS SOUTHWEST, INC. TO PERFORM UTILITY
UNDERGROUND DISTRICT (UUD) PRE-FORMATION SERVICES FOR UUD 3 (SOUTH HILL) (CLERK’S FILE NO. 1001-2)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Project Manager II Martin Boyd and City consultant Duane Stroobosscher with Utility Specialists was available to answer questions. SDG&E representatives Kelli Fitzgerald Franchise Planning & Project Management Manager and Kate Loredo, contract Program Manager with L2 Solutions provided a statement and answered City Council questions.
Council questions focused on the explanation of the SDG&E cost estimates and SDG&E’s efforts to bring more accurate estimates to the City; desire to receive per unit cost estimates from SDG&E; clarification on SDG&E scope of construction work for the undergrounding projects; whether SDG&E outsources their construction work; whether the City could find its own contractor to remove utility poles or whether only SDG&E is permitted to do that work; whether bids expire after a certain time period; clarification on the 20B regulations and funding mechanism and how that ranges; clarification on the SDG&E Tewa Court project reconciliation; net contract versus actual cost billing with SDG&E; overall Citywide Undergrounding Program cost estimate; what is driving increases in City City Council Regular Minutes
June 3, 2024
construction and SDG&E costs; and whether there is a liner relationship between the amount of overhead wiring and the length of the trenching.
Deputy Mayor Gaasterland called a point of order related to the City’s Code of Civil Discourse regarding Councilmember Quirk’s conduct towards SDG&E employees.
Mayor Druker opened public oral communication and Jim Jelly spoke. Mayor Druker closed public comment.
Council discussion focused on process for private property owners to underground their laterals; project cost and timing; staff work to determine the financial implications of the updated undergrounding cost information and financing options related to the project; desire to receive cost estimate details from SDG&E; whether the City can complete any portion of the project activities inhouse to reduce costs; initial cost estimates from the Undergrounding Program Advisory Committee (UPAC), SDG&E, Lee & Roe, and Utility Specialists; 42% increase in construction costs estimated by the California Construction Index since 2019; importance of receiving the 1A bids to inform the cash flow analysis and overall Undergrounding Program (UP) budget; appreciation to staff for their work and professionalism on the project; appreciation to the Finance and UPAC committees for their service to the community on the UP; City Council’s commitment to completing these projects; lump sum bidding process used by the City and other public agencies; request from Councilmember Quirk to receive additional unit material cost details for the project; and timing for completing the Citywide Undergrounding Project.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER WORDEN TO APPROVE A $84,810 TASK ORDER WITH UTILITY SPECIALISTS SOUTHWEST, INC. TO PERFORM UTILITY UNDERGROUND DISTRICT (UUD) PRE-FORMATION SERVICES FOR UUD 3 (SOUTH HILL). (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 DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER
MARTINEZ TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE TASK ORDER AND MAKE AMENDMENTS BY UP TO $8,490 FOR EXTENDED CONSULTING SERVICES. (VOTE 5- 0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 16: REVIEW FISCAL YEAR 2023-24 THIRD QUARTER AND PROPOSED 2024-25 OPERATING AND CAPITAL BUDGET UPDATE (CLERK’S FILE NO. 202-3, 202-5) An introduction to the item was provided by City Manager Jones. A presentation was provided by Finance Manager Monica Molina.
Council questions and discussion focused on the transfers being recommended; whether the Council is deferring any items in order to address the partial funding gaps for Capital Improvement Projects (CIP) identified by staff; Finance Committee’s support for the proposed budget update; equipment City Council Regular Minutes
June 3, 2024
replacement reserve fund; whether there is funding in the Capital Improvement Project (CIP) budget to repave Bellaire Street; and sewer and water enterprise funds and acceptable uses of those funds.
There were no public speakers for the item.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER
MARTINEZ TO APPROVE THE RECLASSIFICATION OF THE COMMUNITY SERVICES
ADMINISTRATIVE ASSISTANT AND PUBLIC WORKS PROJECT MANAGER II AS DESCRIBED IN THE AGENDA REPORT. (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 WORDEN, SECONDED BY DEPUTY MAYOR GAASTERLAND TO ADOPT RESOLUTION 2024-24, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING THE FISCAL YEAR 2023-2024 OPERATING AND CAPITAL BUDGET”. (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 Clean Energy Alliance; North County Transit District; and San Diego Association of Governments (SANDAG) Board.
ADJOURNMENT
Mayor Druker adjourned the meeting at 9:10 p.m.
______
Sarah Krietor, Administrative Services Manager/
City Clerk