CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
SEPTEMBER 9, 2024
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
And via teleconference
128 Ritchie Ave., Silver Spring, MD 20910
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 4:32 p.m.), and Dwight Worden
PLEDGE OF ALLEGIANCE
Deputy Mayor Gaasterland led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Druker opened public oral communication and Meg Harris spoke regarding the road conditions outside of Flower Hill shopping center in the City of San Diego. Mayor Druker closed public oral communications.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Quirk provided comments on the fencing at Powerhouse Park and trash on the beach.
City Manager Ashley Jones and Public Works Director Joe Bride provided a response. Mayor Druker cautioned Councilmember Quirk about communications with staff and raising concerns in an appropriate manner. Deputy Mayor Gaasterland reported on the importance of making a will. Councilmember Martinez reported on Mayor Druker’s birthday.
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 MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 5 AND ITEM 7. (VOTE 5-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
City Council Regular Minutes
September 9, 2024
ITEM 1: APPROVAL OF MINUTES: AUGUST 26, 2024 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED SEPTEMBER 9, 2024 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.
ITEM 3: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
ITEM 4: LICENSE AGREEMENT WITH SAINT PETER’S PARISH FOR PARKING METER MANAGEMENT, ENFORCEMENT AND REVENUE SHARING (CLERK’S FILE NO. 406-1, 905-4)
Council approved a Parking Management License Agreement with Saint Peter’s Parish to reestablish a formal parking meter management, enforcement, and revenue share arrangement with the City; and authorized the City Manager to execute the License Agreement, on consent.
ITEM 5: SECOND READING AND ADOPTION OF AN ORDINANCE UPDATING THE CITY’S PURCHASING CODE (CLERK’S FILE NO. 201-9, 401-4, 401-9, 601-5) Council adopted Ordinance 1009, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING TITLE 7 OF THE CITY OF DEL MAR MUNICIPAL CODE – EXPENDITURES”, on consent.
PUBLIC HEARING
ITEM 6: CONTINUED TO SEPTEMBER 23, 2024 CITY COUNCIL MEETING - INTRODUCTION
OF ORDINANCES TO REPEAL AND REPLACE DEL MAR MUNICIPAL CODE CHAPTERS 24.21 AND 24.40 RELATING TO INCLUSIONARY HOUSING AND
CONDOMINIUM CONVERSION REGULATIONS AND AMEND THE ZONING CODE
AND LOCAL COASTAL PROGRAM TO MAKE MINOR CORRECTIONS TO THE
NORTH COMMERCIAL AND PROFESSIONAL COMMERCIAL ZONES FOR
CONSISTENCY WITH THE CITYWIDE INCLUSIONARY HOUSING REGULATIONS (CLERK’S FILE NO. 303-1, 401-4, 401-9)
The item was continued date certain to September 23, 2024.
ITEM 7: RESOLUTION APPROVING TENTATIVE PARCEL MAP TPMC23-001 AND COASTAL DEVELOPMENT PERMIT CDP24-004
APPLICANT/OWNER: DEAL DEL MAR LLC
ASSESSOR PARCEL NUMBERS (APN): 300-181-07-00
LOCATION: 730-750 STRATFORD COURT (CLERK’S FILE NO. 301-2) City Council Regular Minutes
September 9, 2024
Mayor Druker opened the public comment. There were no public speakers for this item. Mayor Druker closed the public hearing. City Council adopted Resolution 2024-45 “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DEL MAR, APPROVING TENTATIVE PARCEL MAP (CONDOMINIUM) TPMC23-001 AND COASTAL DEVELOPMENT PERMIT CDP24-004 TO CONVERT AN EXISTING
RESIDENTIAL DUPLEX (AS TWO DETACHED UNITS) TO CONDOMINIUM OWNERSHIP, ON LAND LOCATED WITHIN THE HIGH DENSITY RESIDENTIAL (R2) ZONING AND COASTAL OVERLAY DISTRICTS AT 730 AND 750 STRATFORD COURT, DEL MAR, CALIFORNIA (APN: 300-181-07-00)”, on consent.
ITEM 8: INTRODUCTION OF ORDINANCE TO ESTABLISH SHORT TERM RENTAL REGULATIONS (CLERK’S FILE NO. 301-19, 401-4, 401-9)
A presentation was provided by Principal Planner Amanda Lee. Deputy City Attorney Wendy House and Planning and Community Development Director Karen Brindley were available to answer questions.
Mayor Druker opened the item to public comment and the following people spoke:
1) Laura DeMarco (time donations from Steve McDowell and Joe Andrew) 2) Don Instone
3) Nina Detrow
4) Kimberly Jackson
5) Dolores Davies Jamison
6) Gina Mattern
7) Brenda Sampiere
8) Shirli Weiss
9) Ken Assi
10) Lauren Ranes
11) Summer Rota
Mayor Druker closed the item to public comment.
Council questions and discussion focused on the proposed home inspection provisions of the ordinance; City’s complaint-based enforcement procedures; regulations in place in the interim of City Council adoption of the Ordinance and California Coastal Commission certification; short-term rental cap and potential related regulatory revisions being considered by the City Council; rational for not prohibiting short-term rentals in the R1 Zone; proposed 10% short-term rental cap on condominiums and ability to revisit in the future if desired; primary residence requirement for new short-term rentals; relationship between the cap and primary residence requirement; definition of monthly rental for purposes of exemption from the STR regulations; desire for Council to receive data on complaints as part of the City’s annual STR reporting; expectation that the City Council may need to review and adjust STR regulations in the future; and relationship between the primary residence requirement and the City’s 6 th Cycle
Housing Element.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND AND SECONDED BY COUNCILMEMBER
MARTINEZ TO REPLACE THE INSPECTION PROVISIONS IN THE PROPOSED ORDINANCE WITH
A SELF-CERTIFICATION INSPECTION PROCESS AT THE TIME THE STR PERMIT IS ISSUED AND
AT RENEWALS AND FOR STAFF TO INCLUDE DATA ON COMPLAINTS WHEN REPORTING ANNUALLY ON STR REGULATIONS. (VOTE 5-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
City Council Regular Minutes
September 9, 2024
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND AND SECONDED BY COUNCILMEMBER WORDEN THAT THE 129 STR UNIT CAP BE AFFIRMED IN THE PROPOSED ORDINANCE. (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 introduce the ordinance with the amendment to the definition of monthly rental read into the record by Principal Planner Amanda Lee.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND TO REMOVE THE PRIMARY RESIDENT REQUIREMENT. DEPUTY MAYOR GAASTERLAND SUBSEQUENTLY WITHDREW HER MOTION.
IT WAS MOVED BY MAYOR DRUKER AND SECONDED BY COUNCILMEMBER WORDEN TO
ACCEPT THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ENVIRONMENTAL DETERMINATION. (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 AND SECONDED BY MAYOR DRUKER TO INTRODUCE THE ORDINANCE WITH THE FOLLOWING MODIFICATIONS:
1) RELATING TO THE CITYWIDE CAP, MODIFY PROPOSED SECTION 30.96.0050(B) TO READ AS FOLLOWS: B. THE MAXIMUM NUMBER OF STR PERMITS ISSUED BY THE CITY SHALL BE LIMITED TO 129 STRS, WHICH IS EQUIVALENT TO FIVE PERCENT (5%) OF THE TOTAL NUMBER OF DWELLING UNITS LOCATED IN THE CITY BASED ON THE 2020 UNITED STATES CENSUS DATA. ANY FUTURE INCREASE IN CAPACITY FOR NEW STRS SHALL
BE SUBJECT TO PROCESSING AN AMENDMENT BY ORDINANCE SUBJECT TO APPROVAL BY THE CITY COUNCIL AND THE CALIFORNIA COASTAL COMMISSION. 2) RELATING TO EXEMPTIONS, MODIFY PROPOSED SECTION 30.96.025(A)(2)(A) IN THE EXPLANATION OF “RENTAL FOR ONE MONTH” TO REPLACE THE TERM “SAME” WITH THE TERM “PRIOR”.
3) RELATING TO STR INSPECTION REQUIREMENT, DELETE PROPOSED SECTION
30.96.070(F)(3) IN THE OPERATING REQUIREMENTS AND MODIFY PROPOSED SECTION
30.96.040(E)(5) IN THE APPLICATION REQUIREMENTS TO READ AS FOLLOWS: E. STR RENTAL AGREEMENT AND SITE-SPECIFIC DETAILS 5. PRIOR TO THE ISSUANCE OR RENEWAL OF A STR PERMIT, OWNER SHALL COMPLETE AND SUBMIT, A SELFCERTIFICATION INSPECTION FORM ON A FORM PROVIDED BY THE CITY AND SIGNED
BY OWNER UNDER PENALTY OF PERJURY, ACKNOWLEDGING THAT THE STR AND
PROPERTY COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS OF THE STR RELATING TO LIFE SAFETY, INCLUDING THE PROVISIONS OF THIS CHAPTER. (VOTE 5-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 7:54 p.m. to 8:08 p.m.
City Council Regular Minutes
September 9, 2024
CITY COUNCIL OTHER BUSINESS
ITEM 9: JOINT RESOLUTION REGARDING THE LOSSAN RAIL REALIGNMENT PROJECT (CLERK’S FILE NO. 1005-2)
A presentation was provided by Mayor Druker and Councilmember Martinez. City Manager Jones provided comments on the drafting and legal review process for the joint resolution. Deputy City Attorney Ralph Hicks was available to answer questions and provided comments on the joint resolution related to the California Environmental Quality Act (CEQA).
Council questions focused on the conflict analysis provided by City Attorney Devaney related to the LOSSAN Rail Realignment Project; whether there was Council support for staff to follow up on request for Department of the Army Chief of the Railroads for National Defense Program Daniel Zedack to present at a future City Council meeting regarding military use of the rail corridor; and whether there was Council support for a future agenda item related to a proposed ballot measure to fund public transportation infrastructure projects known as Measure G.
Mayor Druker opened the item to public comment and the following people spoke:
1) Shirli Weiss (time donations from Mike Boyle and Jennifer Anderson) 2) Drew Cady
3) Mark Rittenbaum
4) Laura DeMarco
Mayor Druker closed the item to public comment.
Council discussion focused on public concerns about proposed language in Section 4 of the Joint Resolution; CEQA process related to the LOSSAN Rail Realignment Project and nexus to language included proposed Joint Resolution; time constraints and whether the other parties would be receptive to proposed changes to the resolution; whether anything in the resolution would compromise the City’s ability to challenge the project or force the issuance of City permits in the future; aspirational nature of the joint resolution; summary of the San Diego Association of Government (SANDAG) Values Analysis process that is currently underway; and City Council support for staff to request a presentation from SANDAG or their third-party consultant on the Values Analysis process at a future Council meeting.
IT WAS MOVED BY MAYOR DRUKER, SECONDED BY COUNCILMEMBER WORDEN TO ADOPT A
JOINT RESOLUTION WITH THE CITIES OF DEL MAR, SOLANA BEACH, AND SAN DIEGO AND THE 22ND DISTRICT AGRICULTURAL ASSOCIATION (22ND DAA) REGARDING THE SAN DIEGO ASSOCIATION OF GOVERNMENT’S (SANDAG) LOSSAN RAIL REALIGNMENT PROJECT. (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 10: OPTIONS FOR FILLING UPCOMING CITY COUNCILMEMBER VACANCY (CLERK’S FILE NO. 401-1)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Administrative Services Manager/City Clerk Sarah Krietor.
Council questions focused on the process and logistics of holding a special election or appointing someone to serve.
City Council Regular Minutes
September 9, 2024
There were no public speakers for this agenda item.
Council discussion focused on cost of holding a special election; pros and cons of the Council appointing someone to serve the balance of Councilmember Worden’s term of office due to his resignation from service; importance of minimizing the period-of-time the position is vacant to ensure Council can effectively do business; history related to filling prior Council vacancies; adding a section to the application form indicating the applicant’s priorities while serving on the Council; and include an acknowledgement of minimum time commitment.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND AND SECONDED BY COUNCILMEMBER MARTINEZ TO PROCEED WITH AN APPOINTMENT PROCESS, OPENING SEPTEMBER 10, 2024, CLOSING THE APPLICATION PERIOD ON SEPTEMBER 27, 2024, AND HOLDING INTERVIEWS ON OCTOBER 7, 2024 (VOTE 3-1-1, WITH COUNCILMEMBER QUIRK OPPOSED AND COUNCILMEMBER WORDEN ABSTAINING.)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez Noes:
Councilmember Quirk; Recuse: 0; Absent: 0; Abstain: Councilmember Worden.
City Council consensus was to direct the City Clerk to amend the application as discussed at the meeting.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on SANDAG Board of Directors; SANDAG Shoreline Preservation Working Group; and Clean Energy Alliance.
ADJOURNMENT
Mayor Druker adjourned the meeting at 9:48 p.m.
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Sarah Krietor, Administrative Services Manager/
City Clerk