CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
JUNE 17, 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
PLEDGE OF ALLEGIANCE
Councilmembers Worden led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
None.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
None.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the Town Hall audio visual equipment replacement project which is scheduled to be completed during the City Council recess.
PRESENTATIONS
ITEM 1: PROCLAMATION HONORING MARY STERLING-TORRETTI’S LEGACY OF
EDUCATIONAL EXCELLENCE AND LEADERSHIP AT THE WINSTON SCHOOL (CLERK’S FILE NO. 1201-5)
Mayor Druker presented the proclamation to Mary Sterling-Torretti. Mary provided comments expressing gratitude for her time at Winston School and to the City for their partnership with the Winston School.
ITEM 2: PROCLAMATION HONORING PAT FREEMAN: A CHAMPION OF LITERARY AND CULTURAL ENRICHMENT IN DEL MAR (CLERK’S FILE NO. 1201-5) Mayor Druker presented a proclamation to Pat Freeman. Pat provided comments on the history of the Del Mar Library.
City Council Regular Minutes
June 17, 2024
City Council comments focused on Pat’s service to the library and community and her role in establishing the current Del Mar library location.
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 7 AND ITEMS 10 AND 12 WITH AMENDMENT TO ITEM 3-JUNE 3, 2024 REGULAR MEETING MINUTES; AMENDMENTS TO RESOLUTION 2024-25 FOR ITEM 6 NOTED IN THE STAFF RED DOT; AND CLERICAL AMENDMENTS TO ITEM 12 FOR RESOLUTION 2024-26. (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: JUNE 3, 2024 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Councilmember Quirk requested an addition to the June 3, 2024, minutes for Item 15.
Council approved the minutes with the addition noted by Councilmember Quirk, on consent.
ITEM 4: RATIFICATION OF LIST OF DEMANDS, DATED JUNE 17, 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: RESOLUTION ACCEPTING STATE-MANDATED ANNUAL FIRE INSPECTIONS REPORT (CLERK’S FILE NO. 102-5)
Council adopted Resolution 2024-25, as amended, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA ACKNOWLEDGING RECEIPT OF
A REPORT MADE BY THE FIRE CHIEF OF THE DEL MAR FIRE DEPARTMENT
REGARDING THE INSPECTION OF CERTAIN OCCUPANCIES REQUIRED TO
PERFORM ANNUAL INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE”, also in conjunction with Senate Bill (SB) 1205, on consent.
ITEM 7: AGREEMENT WITH SCA FOR STREET SWEEPING SERVICES (CLERK’S FILE NO. 406-1, 901-2)
Council approved an Agreement with SCA of CA, LLC (SCA) to provide street sweeping services for an initial three-year period effective July 1, 2024, through June 30, 2027; and authorized the City Manager to execute the agreement and any subsequent amendments provided for under the Agreement contingent upon satisfactory performance by the City Council Regular Minutes
June 17, 2024
contractor and in accordance with the rates identified in Exhibit B to the Attachment A, on consent.
COMMISSION AND COMMITTEE INTERVIEWS
ITEM 8: PLANNING COMMISSION INTERVIEWS AND APPOINTMENTS (CLERK’S FILE NO. 401-5)
An introduction to the item was provided by Mayor Druker.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER MARTINEZ TO REAPPOINT PLANNING COMMISSIONER POSNER TO SERVE A 3RD FULL-TERM ON THE PLANNING COMMISSION BEGINNING JULY 1, 2024 AND EXPIRING JULY 31, 2028. (VOTE 5-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
Council consensus was to continue the recruitment for the two remaining Planning Commission vacancies until sufficient (three) applications are received for the two vacancies.
PUBLIC HEARING
ITEM 9: SAN DIEGUITO DRIVE IMPROVEMENTS PUBLIC HEARING, CLOSE OF
BALLOTING, TABULATION OF BALLOTS, AND RESOLUTION ORDERING LEVIES (CLERK’S FILE NO. 406-1, 901-5)
A presentation was provided by Principal Engineer Martin Boyd. City consultant Susan Barnes Vice President with SCI Consultants Inc. was available to answer questions and to complete the ballot tabulation.
Council questions and discussion focused on whether the Council is required to pass the resolution now that the ballots have been tabulated; concerns and questions about the City’s approach to Public Works projects; public benefits associated with the project; appreciation to City staff for their work on the process and project; appreciation for this long-term issue coming to a resolution; appreciation to the Council liaisons for their work on the project; appreciation to the residents for working with the City on the project; project costs and City funding, and agenda report related to Citywide paving and road conditions.
There were no public speakers for the item.
The ballots were tabulated by Susan Barnes with SCI Consultant and verified by Administrative Services Manager/City Clerk Krietor, who read the voting results into the record.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER MARTINEZ TO ADOPT RESOLUTION 2024-33 AS AMENDED, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DEL MAR, CONDUCTING A PUBLIC HEARING, CONSIDERING ALL
ASSESSMENT DISTRICT PROTEST(S), APPROVING THE ENGINEER'S REPORT, CONFIRMING
THE DIAGRAM AND ASSESSMENT, AND ORDERING THE LEVY OF THE SAN DIEGUITO DRIVE IMPROVEMENT DISTRICT FOR FISCAL YEAR 2024-2025”. (VOTE 4-1 WITH COUNCILMEMBER
QUIRK OPPOSED)
City Council Regular Minutes
June 17, 2024
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez and Worden; Noes:
Councilmember Quirk; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 10: CONTINUED TO AUGUST 26, 2024 COUNCIL MEETING: INTRODUCTION OF ORDINANCE FOR OBJECTIVE DESIGN STANDARDS MANUAL FOR MULTIUNIT/MIXED-USE BY-RIGHT PROJECTS (CLERK’S FILE NO. 401-4, 401-9) The item was continued date certain to August 26, 2024, on consent.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 5:17pm to 5:50 p.m. During the City Council recess, the ballots were tabulated for Item 9.
CITY COUNCIL OTHER BUSINESS
ITEM 11: INITIAL CONSIDERATION OF THE NOTICE OF PREPARATION OF A DRAFT
ENVIRONMENTAL IMPACT REPORT FOR THE LOSSAN RAIL REALIGNMENT PROJECT (CLERK’S FILE NO. 1005-2, 1506-1)
An introduction to the item was provided by Mayor Druker who also reported on the San Diego Association of Governments (SANDAG) Notice of Preparation (NOP) Scoping Meeting scheduled for June 18, 2024, at 6:00 p.m. at the San Diego Marriott Del Mar. A presentation was provided by Assistant City Manager Clem Brown.
Council questions focused on whether the City will receive a cost estimate for the routes or alternatives; whether the NOP includes a cost benefit analysis; whether SANDAG staff will recommend one route to the SANDAG board; overall project costs; whether the City should expect to hear formal statements from various regional, state and local agencies affected by the project at the ; and eminent domain associated with some of the proposed alignments.
Mayor Druker opened the item to public comment and the following people spoke:
1) Angelina Neglia
2) Carol Kerridge with a donation of time from Wade Walker 3) John Spelich
4) Shirli Weiss
5) Ricardo del Rio
6) Mark Rittenbaum
7) Jennifer Anderson
Mayor Druker closed the item to public comment.
Council discussion focused on whether the City should support an alignment as part of the process; eminent domain; portal locations; transportation of hazardous freight near homes; purpose of the NOP; preparation of a list of questions to include in the City’s response to the NOP; California Environmental Quality Act (CEQA) process and documents; City’s ability to address social and economic impacts of the project under CEQA/NEPA (National Environmental Protection Act); whether the City has opportunity to provide additional comments once the EIR is released; relationship between CEQA and eminent domain; whether the City is a responsible agency under CEQA; City’s need to hire outside experts to assist the City throughout the LOSSAN Rail Realignment process; train accidents and emergencies across the country; NEPA and related federal agency; importance of the project; desire to receive a cost benefit analysis for the project; request that the City’s response to the NOP include a request for a rail to trail; City Council Regular Minutes
June 17, 2024
City of Solana Beaches’ concerns regarding Alignment A and desire to engage constructively with the City of Solana Beach; need for the City to engage with state and federal officials related to the project; whether there is a Brown Act issue with the majority of the Council attending but not commenting at the SANDAG NOP scoping meeting on June 18, 2024; request to read City of Solana Beach Mayor Lesa Heebner’s publicly circulated email into the record; desire for City Council to identify Councilmembers to interface with the City of Solana Beach; use of City CEQA consultants to review the NOP and desire to have SANDAG fund an environmental consultant to assess the project on the City’s behalf; whether the City should have two consultants review the NOP; consideration to have legal review of the NOP and City comments; and timing for knowing whether SANDAG has granted the City’s request for a 15-day extension.
Council consensus was for Mayor Druker and Deputy Mayor Gaasterland to use the City Council feedback and public comments received to draft the City’s NOP comment letter for City Council consideration at the July 8, 2024.
ITEM 12: ADOPTION OF THE FISCAL YEAR 2024-25 BUDGET UPDATE (CLERK’S FILE NO. 202-3, 202-5)
COUNCIL APPROVED THE ADOPTION OF RESOLUTION 2024-26 AS AMENDED, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING THE FISCAL YEAR 2024-2025 OPERATING AND CAPITAL BUDGET”; RESOLUTION 2024-27, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DEL MAR, CALIFORNIA, ADOPTING THE COMPENSATION PLANS FOR MANAGEMENT AND PROFESSIONAL, GENERAL, AND MISCELLANEOUS, PARTTIME, TEMPORARY AND HOURLY EMPLOYEES”; RESOLUTION 2024-28, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA,
ESTABLISHING THE FIXED CHARGE ASSESSMENTS FOR BONDED
INDEBTEDNESS FOR FISCAL YEAR 2024-2025”; RESOLUTION 2024-29, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-25”; RESOLUTION 2024-30, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DEL MAR, CALIFORNIA, APPROVING THE STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2024-2025, AND DELEGATING THE AUTHORITY TO INVEST CITY FUNDS TO THE TREASURER”; RESOLUTION 2024-31, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, SETTING THE FISCAL YEAR 2024-2025 CITY OF DEL MAR FEE SCHEDULE FOR PLANNING, PUBLIC WORKS, COMMUNITY SERVICES, AND ADMINISTRATION SERVICES” AND RESOLUTION 2024-32, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, SETTING THE FISCAL YEAR 2024-2025 PARKING VIOLATION FINES SCHEDULE”, on consent.
ITEM 13: RESOLUTION CALLING FOR THE PLACEMENT OF A GENERAL TAX MEASURE ON THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION BALLOT FOR
SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE AMENDING, CLARIFYING AND MODERNIZING THE CITY’S EXISTING TRANSIENT OCCUPANCY TAX REGULATIONS (CLERK’S FILE NO. 201-10, 401-4, 401-9) An introduction to the item was provided by City Manager Jones. A presentation was provided by Administrative Services Manager/City Clerk Krietor. Assistant City Attorney Wendy House was available to answer questions.
City Council Regular Minutes
June 17, 2024
Council questions and discussion focused on definition of hotel in the Del Mar Municipal Code (DMMC) and the zoning code; definition of transient; ballot argument process and priority for drafting the argument; whether more than one argument could be printed in the voter materials; whether the rebuttal must be drafted by the original proponents of the argument; and support for placing the measure on the ballot for voter consideration.
There were no public speakers for the item.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER MARTINEZ TO ADOPT RESOLUTION 2024-34, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, CALLING FOR THE PLACEMENT OF 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 UNDER CHAPTER 3.12 OF THE
DEL MAR MUNICIPAL CODE TO AUTHORIZE THE COLLECTION OF THE TAX ON LODGING FACILITIES WITH LESS THAN THREE UNITS, INCLUDING SHORT-TERM RENTAL OPERATIONS;
CLARIFY THE TAX APPLIES TO THE ENTIRE RENTAL AMOUNT CHARGED TO TRANSIENT
GUESTS, EXCLUDING BOOKING AND SERVICE FEES CHARGED BY HOSTING PLATFORMS, ONLINE TRAVEL COMPANIES AND THIRD-PARTY BOOKING VENDORS; AND PERMIT HOSTING
PLATFORMS, ONLINE TRAVEL COMPANIES AND THIRD-PARTY BOOKING VENDORS TO COLLECT AND REMIT THE TAX TO THE CITY; AND REQUESTING THE COUNTY OF SAN DIEGO CONSOLIDATE SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION OF NOVEMBER 5, 2024; SETTING RULES AND DEADLINES FOR ARGUMENTS FOR AND AGAINST THE MEASURE; AND DIRECTING THE CITY ATTORNEY TO PREPARE THE IMPARTIAL ANALYSIS”. (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 MARTINEZ, SECONDED BY COUNCILMEMBER WORDEN
TO APPOINT MAYOR DRUKER AND DEPUTY MAYOR GAASTERLAND TO DRAFT AN ARGUMENT IN SUPPORT OF THE BALLOT MEASURE FOR REVIEW AND CONSIDERATION AT THE JULY 8, 2024 COUNCIL MEETING, AND TO ALSO DRAFT REBUTTAL IF NEEDED. (VOTE 5-0) Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 14: CONSIDERATION TO PLACE A MEASURE ON THE NOVEMBER 5, 2024 GENERAL
MUNICIPAL ELECTION BALLOT FOR SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE AMENDING SECTION 2.20.030 OF THE DEL MAR MUNICIPAL CODE RELATING TO CITY COUNCIL COMPENSATION (CLERK’S FILE NO. 401-1, 401-4, 401-9, 502-1)
A presentation was provided by Administrative Services Manager/City Clerk Krietor.
Council questions and discussion focused on historical City Council compensation; voter approval requirement for Council compensation currently in the Del Mar Municipal Code; concerns and rational regarding the phrasing of the ballot question; regional Council salaries; and rational for bringing the ballot measure forward.
There were no public speakers for this item.
City Council Regular Minutes
June 17, 2024
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY MAYOR DRUKER TO ADOPT RESOLUTION 2024-35, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, CALLING FOR THE PLACEMENT OF A MEASURE ON THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION BALLOT FOR SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE AMENDING SECTION 2.20.030 OF THE DEL MAR MUNICIPAL
CODE TO INCREASE COUNCIL COMPENSATION AND AMEND THE PROCEDURES FOR FUTURE SALARY ADJUSTMENTS VIA ORDINANCE IN ACCORDANCE WITH STATE LAW; REQUESTING
THE COUNTY OF SAN DIEGO CONSOLIDATE SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION OF NOVEMBER 5, 2024; SETTING RULES AND DEADLINES FOR ARGUMENTS FOR AND AGAINST THE MEASURE; AND DIRECTING THE CITY ATTORNEY TO PREPARE THE IMPARTIAL ANALYSIS”. (VOTE 3-2 WITH COUNCILMEMBERS QUIRK AND WORDEN OPPOSED) Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmember Martinez; Noes:
Councilmembers Quirk and Worden; Recuse: 0; Absent: 0; Abstain: 0.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER
WORDEN TO APPOINT MAYOR DRUKER AND DEPUTY MAYOR GAASTERLAND TO DRAFT
AN ARGUMENT IN SUPPORT AND IF THERE IS A CON ARGUMENT THEY WILL WRITE THE REBUTTAL. (VOTE 4-1 WITH COUNCILMEMBER QUIRK OPPOSED)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez and Worden; Noes:
Councilmembers Quirk; Recuse: 0; Absent: 0; Abstain: 0.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the Undergrounding Project Advisory Committee (UPAC) and Clean Energy Alliance.
ADJOURNMENT
Mayor Druker adjourned the meeting at 8:24 p.m.
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Sarah Krietor, Administrative Services Manager/
City Clerk