CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 26, 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 on the August 26, 2024, City Council Closed Session meeting.
She reported that Councilmember Quirk was absent for closed session and Deputy Mayor Gaasterland was recused from Item C. For item A, she reported that the City Council voted 4-0-1 (with Councilmember Quirk absent) to join the Amicus Curiae Brief at no cost to the City. There were no reportable actions for Items B and C.
PLEDGE OF ALLEGIANCE
Councilmember Quirk led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Druker opened public oral communications and Shirli Weiss spoke with two donations of time from Karen Lare and John Spelich regarding the San Diego Association of Governments (SANDAG) LOSSAN Rail Realignment Project. Mayor Druker closed public oral communications.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Worden announced his resignation from City Council effective September 24, 2024, and read a related statement into the record. Mayor Druker, Deputy Mayor Gaasterland, and Councilmember Martinez expressed their appreciation to Councilmember Worden for his service on the City Council and his contributions to the Del Mar community. Deputy Mayor Gaasterland announced that she will be leaving the meeting at 7:30 p.m. due to a death in the family.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the next steps related to the LOSSAN Rail Realignment Project including the Values Analysis process that is underway and will be completed later this fall; EDCO and Fire Department’s efforts to eliminate green waste and brush in the City; and Del Mar Recycles event hosted by EDCO on Saturday, September 14, 2024, from 9:00 a.m. – 12:00 p.m. Administrative Services Manager/City Clerk Krietor provided an update on the 2024 General Municipal Election.
City Council Regular Minutes
August 26, 2024
PRESENTATIONS
ITEM 1: CITY OF SAN DIEGO PURE WATER PROJECT UPDATE (CLERK’S FILE NO. 906-11, 1504-5)
Mayor Druker introduced the item. A presentation was provided by City of San Diego Public Utilities Department Assistant Director Amy Dorman.
City Council questions focused on reclaimed water percentage goal; cost of the project phases; whether the City of San Diego analyzed pure water versus desalinated water and whether their analysis takes into account decreased water over the last few years.
There were no public speakers for this item.
Council discussion focused on appreciation to the presenter; history regarding the City’s water distribution system; need for the region to be independent and less reliant on outside water sources; importance of public information regarding the project; reservoirs; and capture of storm water runoff.
CITY COUNCIL MEETING RECESS
City Council took a brief recess from 5:25 p.m. to 5:30 p.m. due to HVAC issues.
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 DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER WORDEN TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 9, 12, 13, 14, 15 and 16 WITH AMENDMENT TO RESOLUTION 2024-40 FOR ITEM 13. (VOTE 5-0 WITH COUNCILMEMBER WORDEN RECUSED FROM ITEM 9; COUNCILMEMBERS MARTINEZ AND QUIRK RECUSED FROM ACTION #1 FOR ITEM 15; AND COUNCILMEMBER QUIRK RECUSED FROM ACTION #2 FOR ITEM 15)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: Councilmember Worden on item 9; Councilmembers Martinez and Quirk on Action #1 for Item 15; and Councilmember Quirk recused on Action #2 for item 15; Absent: 0; Abstain: 0.
ITEM 2: APPROVAL OF MINUTES: JULY 8, 2024 REGULAR AND SPECIAL MEETING, JULY 16, 2024 SPECIAL MEETINGS (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED AUGUST 26, 2024 (CLERK’S FILE NO. 201-3)
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.
City Council Regular Minutes
August 26, 2024
ITEM 5: APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH SANDAG TO RENEW
THE REGIONAL SHORELINE MONITORING AGREEMENT FOR FISCAL YEARS 2025-2027 (CLERK’S FILE NO. 406-1, 1404-1, 1506-1)
Council approved a Memorandum of Understanding (MOU) with the San Diego Association of Governments (SANDAG) for Fiscal Years 2025-2027 to renew the longstanding regional shoreline monitoring program; and authorized the City Manager to execute the Memorandum of Understanding (MOU) and related documents, on consent.
ITEM 6: TASK ORDER APPROVAL FOR MICHAEL BAKER INTERNATIONAL TO PERFORM
ENGINEERING DESIGN, LANDSCAPE ARCHITECTURE, BID PACKAGE
PREPARATION, AND ENVIRONMENTAL PERMITTING FOR THE JIMMY DURANTE BOULEVARD BLUFF PROJECT (CLERK’S FILE NO. 406-1)
Council approved a $184,200 Task Order with Michael Baker International (MBI) to perform engineering design, landscape architecture, bid package preparation, and environmental permitting; and amended the Fiscal Year (FY) 2024-2025 Operating and Capital Budget as described in the Fiscal Impact section of this report, on consent.
ITEM 7: AUTHORIZATION TO APPLY FOR LAND AND WATER CONSERVATION GRANT FOR THE RIVERPATH DEL MAR EXTENSION PROJECT PHASE 3 (CLERK’S FILE NO. 201-13, 406-1)
Council adopted Resolution 2024-37, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA AUTHORIZING THE APPLICATION FOR THE LAND
AND WATER CONSERVATION FUND RIVERPATH DEL MAR EXTENSION PROJECT PHASE 3 PROJECT” and authorized the City Manager to execute the necessary grant documents and agreements, on consent.
ITEM 8: UTILITY/LANDSCAPE SPECIALIST POSITION COMPENSATION ADJUSTMENT (CLERK’S FILE NO. 502-1)
Council adopted Resolution 2024-38, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AMENDING THE GENERAL EMPLOYEES COMPENSATION PLAN FOR FISCAL YEAR 2024-2025 TO CHANGE THE COMPENSATION FOR THE UTILITY/LANDSCAPE SPECIALIST POSITION”, on consent.
ITEM 9: ACCEPTANCE OF DEDICATIONS TO THE CITY OF DEL MAR FOR REAL PROPERTY AT 1904 BALBOA AVENUE FOR ROADWAY PURPOSES AND UTILITY ACCESS
EASEMENTS
APPLICANT/OWNER: TANYA XAVIER
PROPERTY ADDRESS: 1904 BALBOA AVENUE
APN: 299-174-04-00 (CLERK’S FILE NO. 901-12, 1306-1)
Council adopted Resolution 2024-39, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, ACCEPTING OF AN IN-FEE TITLE DEDICATION,
FOR PUBLIC ROAD PURPOSES, THAT PORTION OF PROPERTY LOCATED WITHIN 1904 BALBOA AVENUE THAT IS CURRENTLY PAVED AND IS COMMONLY USED City Council Regular Minutes
August 26, 2024
FOR PUBLIC VEHICULAR TRAVEL AND FOR ACCEPTANCE OF PUBLIC WATER AND STORMWATER EASEMENTS ON 1904 BALBOA AVENUE (APN 299-174-04-00) FOR
THE USE, OPERATON AND MAINTENANCE OF PUBLIC UTILITIES TO THE CITY OF DEL MAR “, on consent.
COMMISSION AND COMMITTEE INTERVIEWS
ITEM 10: PLANNING COMMISSION INTERVIEWS AND APPOINTMENTS (CLERK’S FILE NO. 401-5)
A presentation was provided by Administrative Services Manager Krietor. The City Council interviewed the candidates.
There were no public speakers for the item.
City Council voted to appointed Mark Rittenbaum and Patrick Leonard to serve as voting members on the Planning Commission for full four-year terms effective October 1, 2024, and expiring on October 31, 2028.
PUBLIC HEARING
ITEM 11: INTRODUCTION OF AN ORDINANCE (A24-003) TO AMEND THE DEL MAR MUNICIPAL CODE AND IMPLEMENT 6TH CYCLE HOUSING ELEMENT PROGRAM 6G BY ESTABLISHING MULTI-UNIT AND MIXED-USE OBJECTIVE DESIGN STANDARDS FOR “BY-RIGHT” HOUSING DEVELOPMENT PROJECTS (CLERK’S FILE NO. 304-7, 401-4, 401-9)
An introduction to the item was provided by Mayor Druker. A presentation was provided by Principal Planner Matt Bator and City consultant Matt Gelbman Senior Urban Planner with Ascent. Deputy Mayor Terry Gaasterland was recused from the item due to living within the subject zoning affected area.
Council questions and discussion focused on whether the variance provision of the Del Mar Municipal Code would apply to the objective design standards; California Coastal Commission (CCC) appeal process related to this item; maximum grading; fireplaces and chiming stacks; air conditioning units on roof tops and noise considerations; maximum height measurements; whether the City’s approach is consistent with other coastal agencies; and desire for staff to include a redline version of the changes when the ordinance returns to City Council for adoption.
There were no public speakers for the item.
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER MARTINEZ TO INTRODUCE AN ORDINANCE TO AMEND DEL MAR MUNICIPAL CODE (DMMC) TITLE 23 AND ESTABLISH A NEW CHAPTER 23.06 TO APPROVE AND IMPLEMENT MULTI-UNIT AND MIXEDUSE OBJECTIVE DESIGN STANDARDS FOR “BY-RIGHT” HOUSING DEVELOPMENT PROJECTS, WITH THE IDENTIFIED AMENDMENTS. (VOTE 4-0-1 WITH DEPUTY MAYOR GAASTERLAND
RECUSED)
Ayes: Mayor Druker, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: Deputy Mayor Gaasterland; Absent: 0; Abstain: 0.
City Council Regular Minutes
August 26, 2024
ITEM 12: INTRODUCTION OF AN ORDINANCE TO UPDATE THE CITY’S PURCHASING CODE (CLERK’S FILE NO. 201-9, 401-4, 401-9, 601-5)
Mayor Druker opened the public hearing and there were no public speakers. The item was moved to the Consent Calendar, whereby Council approved introduction of an Ordinance amending the Del Mar Municipal Code Title 7 related to City purchasing.
ITEM 13: APPROVAL OF A REVISION TO CONDITIONS OF APPROVAL ON PREVIOUSLY APPROVED TENTATIVE TRACT MAP (TTM) TTM18-004 (RM23-001) AND APPROVAL OF COASTAL DEVELOPMENT PERMIT (CDP) CDP24-008 AND CONDITIONAL USE PERMIT (CUP) CUP24-001 FOR THE CONSTRUCTION OF
ROADWAY, UTILITY, AND SAFETY IMPROVEMENTS LOCATED IN A STEEP SLOPE
SETBACK WITHIN THE BLUFF, SLOPE, AND CANYON OVERLAY AND LAGOON OVERLAY ZONES.
APPLICANT/OWNER: LA ATALAYA, LLC
ASSESSOR PARCEL NUMBERS (APNS): 299-200-65-00, 299-261-43-00, 299-261-42- 00, 299-261-14-00, 299-192-24-00, 299-200-64-00, 299-200-62-00, AND 299-200-63-00 LOCATION: SOUTH OF SAN DIEGUITO ROAD, NORTH OF ZAPO STREET, EAST OF GATUN ROAD, AND WEST OF SERPENTINE DRIVE. THE PROJECT IS IN THE CALIFORNIA COASTAL COMMISSION’S APPEAL JURISDICTION. (CLERK’S FILE NO. 301-1, 301-4, 301-18)
Mayor Druker opened the public hearing and there were no public speakers for the item. Mayor Druker closed the public hearing. The item was moved to the Consent Calendar, whereby Council approved Resolution 2024-40, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, APPROVING A REVISION TO COUNCIL RESOLUTION 2021-05 (RM23-001) AND APPROVING A COASTAL DEVELOPMENT PERMIT (CDP24-008) AND A CONDITIONAL USE PERMIT (CUP24-001) FOR THE CONSTRUCTION OF REQUIRED ROADWAY, UTILITY, AND
SAFETY IMPROVEMENTS WITHIN THE BLUFF, SLOPE, AND CANYON, OPEN SPACE, AND LAGOON OVERLAY ZONES (APNS: 299-192-24-00, 299-261-14-00, 299-261-42-00, 299-261-43-00, 299-200-62-00, 299-200-63-00, 299-200-64-00, 299-200-65-00)”, with amendments.
ITEM 14: ENCROACHMENT PERMIT EP24-075 – REQUEST TO RETAIN THE EXISTING
ENCROACHMENT OF A DETACHED RESIDENTIAL STRUCTURE INTO A CITY ALLEY AT 1329 STRATFORD COURT
APPLICANT: ALEXANDER HERTZBERG (CLERK’S FILE NO. 802-1) Mayor Druker opened the public hearing and there were no public speakers for the item. Mayor Druker closed the public hearing. The item was moved to the Consent Calendar, whereby Council approved Resolution 2024-41, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, APPROVING ENCROACHMENT PERMIT EP24-075 TO RETAIN A PORTION OF AN EXISTING DETACHED ACCESSORY STRUCTURE THAT EXTENDS INTO THE PUBLIC RIGHT-OFWAY (DEL MAR LANE ALLEY) AT 1329 STRATFORD COURT; (APN: 300-012-10) IN DEL MAR, CALIFORNIA”.
City Council Regular Minutes
August 26, 2024
ITEM 15: RESOLUTIONS DESIGNATING UNDERGROUNDING UTILITY DISTRICTS 2 (BEACH COLONY) AND 25TH STREET (CLERK’S FILE NO. 1001-2)
Mayor Druker opened the public hearing and Shirli Weiss spoke in support of the item. Greg Rizzi and Cynthia Bolker submitted speaker slips in support of the item but did not wish to speak. Council requested that staff follow up on a red dot related to street lighting in the area. Mayor Druker closed the public hearing. The item was moved to the Consent Calendar, whereby Council approved Resolution 2024-42, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ESTABLISHING
AN UNDERGROUND UTILITY DISTRICT IN THE CITY OF DEL MAR, ON COAST BOULEVARD AND CAMINO DEL MAR (WEST OF THE RAILROAD TO THE COAST AND FROM 18TH STREET TO SAN DIEGUITO RIVER)” and Resolution 2024-43, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DEL MAR, CALIFORNIA, ESTABLISHING AN UNDERGROUND UTILITY DISTRICT IN THE CITY OF DEL MAR, ON 25TH STREET FROM CAMINO DEL MAR TO OCEAN FRONT” ITEM 16: APPROVAL OF COASTAL DEVELOPMENT PERMIT 24-026 FOR PAVING, SURFACE
DRAINAGE IMPROVEMENTS, AND SUBSURFACE DRAINAGE IMPROVEMENTS IN HOSKA ALLEY (CLERK’S FILE NO. 301-18)
Mayor Druker opened the public hearing and Scott Garrett spoke. Mayor Druker closed the public hearing. Council comments focused on the public comments related to the walking area and red dot related to pipes located in the project area. The item was moved to the Consent Calendar, whereby Council approved Resolution 2024-44, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DEL MAR, CALIFORNIA, CONDITIONALLY APPROVING COASTAL DEVELOPMENT PERMIT CDP24-026, TO INSTALL NEW PAVING AND SURFACE DRAINAGE IMPROVEMENTS AND NEW
SUBSURFACE DRAINAGE IMPROVEMENTS IN THE CITY ALLEY THAT IS LOCATED BETWEEN 8TH AND 9TH STREETS AND ACCESSED FROM HOSKA DRIVE”.
CITY COUNCIL OTHER BUSINESS
ITEM 17: CONSIDERATION OF AN EXEMPTION FOR MONTHLY RENTALS FROM COMPLIANCE WITH THE CITY’S PROPOSED SHORT-TERM RENTAL
REGULATIONS AND TRANSIENT OCCUPANCY TAX REGULATIONS; AND AMENDMENTS TO THE DEFINITIONS OF “SHORT-TERM RENTAL” AND “LONGTERM RENTAL” UNDER THE PROPOSED SHORT-TERM RENTAL ORDINANCE (CLERK’S FILE NO. 301-19)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Assistant City Attorney Wendy House.
Mayor Druker opened the item to public comment and the following people spoke:
1) Shirli Weiss
2) Karen Lare
3) Laura DeMarco
Mayor Druker closed the item to public comment.
Council discussion focused on relationship between Short-Term Rental (STRs) definition and other definitions in the Del Mar Municipal Code and state regulations; rational for staff’s recommendation to define STRs as 30 days or less and providing an exemption for monthly rentals; enforcement considerations; desire to exempt monthly rentals from STR regulations including Transient Occupancy Tax (TOT) collection; support for staff’s recommendation; and regulations used by other agencies.
City Council Regular Minutes
August 26, 2024
Council consensus was to provide an exemption for monthly short-term rentals in the Short-term Rental Ordinance which will be presented to City Council for initial consideration on September 9, 2024.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council provided written reports as part of the published agenda packet for the meeting and no oral reports were provided.
ADJOURNMENT
Mayor Druker adjourned the meeting at 7:58 p.m.
Sarah Krietor, Administrative Services Manager/
City Clerk