CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
SEPTEMBER 23, 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. Councilmember Quirk left the meeting at 6:32 p.m.
CITY ATTORNEY CLOSED SESSION REPORT
None.
PLEDGE OF ALLEGIANCE
Councilmember Worden led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
None.
CITY COUNCIL COMMUNITY ANNOUNCEMENTS
None.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the successful EDCO hosted Del Mar Recycles Event held on September 14, 2024, which diverted 19.2 tons of waste from the landfill; completion of the 2023 Water, Wastewater, Paving and Storm Drain improvement project; and impacts of the San Diego Association of Governments (SANDAG) Del Mar Bluffs 5 (DMB5) project construction. Assistant City Manager Clem Brown provided an overview of the DMB5 project construction including the scope and necessity of night work, North County Transit District “Absolute Work Windows” granted for the project, impacts to surrounding residents, and who to contact with concerns.
Council comments and questions focused on impacts of nighttime construction and potential solutions; dust and use of dust suppressant; and whether SANDAG can provide a more detailed construction schedule to help residents know what to expect.
City Council Regular Minutes
September 23, 2024
PRESENTATIONS
ITEM 1: APPRECIATION FOR OUTGOING COUNCILMEMBER DWIGHT WORDEN (CLERK’S FILE NO. BOOK OF RESOLUTIONS, 401-1)
Mayor Druker introduced the item at a time certain of 7 p.m. and presented a resolution of appreciation for Councilmember Worden on behalf of the City Council.
Proclamations were presented by State Senator Catherine Blakespear’s District Director Francine Busby; State Senator Toni Akins’ District Representative Cole Reed; State Assemblymember Tasha Boerner’s Senior Field Representative Andres Geurts-Barreto; U.S. Congressman Mike Levin provided a video statement and his Director of Constituent Services Shannon Bradley presented a proclamation; County of San Diego Supervisor Terra Lawson-Remer’s Manager of Community Engagement and Intergovernmental Affairs Cipriano Vargas; and San Dieguito River Valley JPA Executive Director Shawna Anderson.
Former Del Mar Mayors Sherryl Parks, Terry Sinnott, and Ellie Haviland spoke thanking Councilmember Worden for his service and wishing him well in retirement from public office.
Mayor Druker opened the item to public comment and the following people spoke:
1) Betty Wheeler with donations of time from Ed Mirsky and Phyllis Mirsky 2) Lynn Gaylord
3) Bob Gans
4) Rose Ann Sharp
5) Donna Shaw (read red dot letters from Linda and Frank Chisari) 6) Carol Kerridge
7) Jeanne Waite
8) Larry Brooks
9) Jeff Barnouw
10) Tom McGreal
11) Claire McGreal
12) Suren Dutia
Mayor Druker closed the item to public comment.
Council discussion focused on Councilmember Worden’s role in forming the City’s Code of Civil Discourse: Civility Works; his positive impact on the City Council and community; and his institutional knowledge.
City Manager Jones provided comments and presented Councilmember Worden with a Del Mar street sign and signed photo collage on behalf of City staff.
City Attorney Leslie Devaney thanked Councilmember Worden for his service and presented him with a signed caricature collage on behalf of Devaney, Pate, Morris and Cameron, LLP.
CITY COUNCIL ADOPTED RESOLUTION 2024-48, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DEL MAR, CALIFORNIA, EXPRESSING APPRECIATION FOR OUTGOING COUNCILMEMBER DWIGHT WORDEN,” WITH COUNCILMEMBER QUIRK ABSENT.
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.
City Council Regular Minutes
September 23, 2024
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 5, 7 THROUGH 9 AND 12. (VOTE 5- 0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 2: APPROVAL OF MINUTES: SEPTEMBER 9, 2024 REGULAR MEETING (CLERK’S
MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED SEPTEMBER 23, 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.
ITEM 5: ACCEPTANCE OF 2023 STATE HOMELAND SECURITY PROGRAM GRANT FUNDS (CLERK’S FILE NO. 201-13)
Council accepted $6,352 in grant funds from the Fiscal Year 2023 State Homeland Security Program (SHSP) for the purchase of individual thermal imaging cameras and fire rescue equipment for the Del Mar Fire Department; and authorized the City Manager to execute the necessary grant documents, on consent.
ITEM 6: ADOPTION OF AN ORDINANCE TO ESTABLISH SHORT-TERM RENTAL REGULATIONS (CLERK’S FILE NO. 301-19, 401-4, 401-9)
The item was pulled from the Consent Calendar for public comment. Mayor Druker opened public comment and Branda Sampiere and Kimberly Jackson spoke. Mayor Druker closed public comment.
City Council questions focused on short-term rentals in primary residences; clarification on the deadline for registering short-term rentals (STRs); home inspection provisions in the regulations; California Coastal Commission (CCC) approval process; and STR noticing requirements in the regulations.
City Council comments focused on the City’s process for developing the short-term rental regulations; ability for City Council to adjust regulations in the future, if needed; primary residence requirement; and annual progress updates that will be provided by staff to the Council.
IT WAS MOVED BY COUNCILMEMBER WORDEN AND SECONDED BY
COUNCILMEMBER MARTINEZ TO ADOPTED ORDINANCE 1010, “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING THE DEL MAR MUNICIPAL CODE (TITLE 30 ZONING CODE) TO ESTABLISH A NEW City Council Regular Minutes
September 23, 2024
CHAPTER 30.96 SHORT TERM RENTAL REGULATIONS; AND AMENDING THE CITY’S CERTIFIED LOCAL COASTAL PROGRAM ALL RELATING TO THE
ESTABLISHMENT OF SHORT TERM RENTAL REGULATIONS AND PERMIT REQUIREMENTS AND IMPLEMENTATION OF THE 6TH CYCLE HOUSING ELEMENT PROGRAM 5C (PRESERVE THE CITY’S EXISTING HOUSING STOCK)”. (VOTE 4-1,
WITH DEPUTY MAYOR GAASTERLAND OPPOSED)
Ayes: Mayor Druker, and Councilmembers Martinez, Quirk and Worden; Noes: Deputy Mayor Gaasterland; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 7: 2024 ROY & MARIAN HOLLEMAN FOUNDATION GRANT APPLICATION &
ACCEPTANCE OF A SEPARATE DONATION FOR FIRE STATION EQUIPMENT (CLERK’S FILE NO. 201-13, 1202-5)
Council approved submission of a grant application for $10,000 to the Roy & Marian Holleman Foundation for Fire Station equipment; accepted a separate donation of two refrigerators for the Fire Station; and authorized the City Manager to execute the required grant and donation documents and accept the grant funds, if awarded, on consent.
ITEM 8: FINANCE COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5) Council appointed Bret D’Vincent as a voting member to the Finance Committee to serve a full three-year term effective September 23, 2024, and ending on September 30, 2027, on consent.
ITEM 9: CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICANT’S AGENT RESOLUTION (CLERK’S FILE NO. 1501-12, 1502-22) Council adopted Resolution 2024-47, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, DESIGNATING REPRESENTATIVES TO EXECUTE APPLICATIONS TO THE CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY
SERVICES FOR OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE AND/OR STATE FINANCIAL ASSISTANCE IN THE EVENT OF A DECLARED DISASTER”, and authorized staff to complete the updated form (Cal OES 130) required by Cal OES to be executed by the governing body of the jurisdiction requesting reimbursement, on consent.
PUBLIC HEARING
ITEM 10: CONTINUED FROM SEPTEMBER 9, 2024 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 MUNICIPAL 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)
A presentation was provided by Principal Planner Amanda Lee. Planning and Community Development Director Karen Brindley and Deputy City Attorney Wendy House were available to answer questions.
City Council Regular Minutes
September 23, 2024
Council questions focused on unit calculations in the presentation; Accessory Dwelling Unit (ADU) regulations as they relate to the proposed ordinances; clarification on how ADUs may be counted towards the City’s Regional Housing Needs Assessment (RHNA) allocation; applicability of the ADU floor-arearatio bonus incentive in relation to the proposed regulations; waiver request process included in the proposed regulations; number of R-2 properties that are condos; whether the state law mandates rounding up with regard to determining required affordable units; whether neighboring cities have inclusionary housing regulations and allow for in-lieu fee; and whether a resident in the R-2 zone could sell a duplex under the proposed regulations.
There were no public speakers for the item.
Council discussion focused on concerns regarding not allowing in-lieu fees for two-unit conversions; public notification process and confirmation that the City met its legal noticing requirement for the item; desire to continue the item to a future meeting; clarification on the recommendation of the Ad-Hoc Housing Citizen Advisory Taskforce; frequency of condo conversion applications in the R-2 Zone; and desire for the Council to consider adding revisions to the City’s amnesty program for non-conforming ADUs to the City’s work plan at a future Council goals and priorities setting workshop.
IT WAS MOVED BY COUNCILMEMBER MARTINEZ AND SECONDED BY DEPUTY MAYOR GAASTERLAND TO CONTINUE THE PUBLIC HEARING TO THE OCTOBER 7, 2024, CITY COUNCIL MEETING. (VOTE 4-1, WITH COUNCILMEMBER WORDEN OPPOSED)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, and Quirk; Noes:
Councilmember Worden; Recuse: 0; Absent: 0; Abstain: 0.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND AND SECONDED BY MAYOR DRUKER FOR THE CITY COUNCIL TO RECIND THE PRIOR MOTION. (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 AND SECONDED BY COUNCILMEMBER
MARTINEZ TO INTRODUCE BOTH ORDINANCES WITH THE RECOMMENDED ALTERNATIVE
LANGUAGE PROVIDED BY STAFF, AND THE ADMINISTRATIVE DATE CORRECTION NOTED BY STAFF. (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 OTHER BUSINESS
ITEM 11: ADOPTION OF AN ORDINANCE 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)
Deputy Mayor Terry Gaasterland was recused from the item due to living within the subject zoning affected area. An introduction to the item was provided by Mayor Druker and Planning and Community Development Director Brindley. A presentation was provided by Principal Planner Matt Bator and City consultant Matt Gelbman, Senior Urban Planner with Ascent.
City Council Regular Minutes
September 23, 2024
Council questions and discussion focused on revisions to the maximum height limit and appreciation to staff and the consultant for their work on this item.
There were no public speakers for the item.
IT WAS MOVED BY COUNCILMEMBER WORDEN AND SECONDED BY COUNCILMEMBER MARTINEZ TO ADOPT ORDINANCE 1011, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ADDING NEW CHAPTER 23.06 TO THE CITY OF DEL MAR MUNICIPAL
CODE, ESTABLISHING MULTI-UNIT AND MIXED-USE OBJECTIVE DESIGN STANDARDS FOR LAWFULLY REQUIRED “BY-RIGHT” HOUSING DEVELOPMENT.” (VOTE 4-0-1, WITH DEPUTY
MAYOR GAASTERLAND RECUSED)
Ayes: Mayor Druker, Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: Deputy Mayor Gaasterland; Absent: 0; Abstain: 0.
ITEM 12: MEASURE Q OVERVIEW & ACCOMPLISHMENTS TO DATE (CLERK’S FILE NO. 401- 5)
City Council accepted the agenda report, on consent.
CITY COUNCIL RECESS
City Council took a recess from 6:32 p.m. to 7:00 p.m.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
None.
ADJOURNMENT
Mayor Druker adjourned the meeting at 7:56 p.m.
Sarah Krietor, Administrative Services
Manager/City Clerk