CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
OCTOBER 7, 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 and Dan Quirk
CITY ATTORNEY CLOSED SESSION REPORT
None.
PLEDGE OF ALLEGIANCE
Senior Management Analyst Kseniia Izgarskaia led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Druker opened public oral communication, and SANDAG Senior Engineer Allie DeVaux gave an update on the Del Mar Bluffs Stabilization Project. Mayor Druker closed public oral communications.
COMMUNITY ANNOUNCEMENTS
Councilmember Martinez reported that the Del Mar Village Winter Taste and Sip event will be held on December 8, 2024, at 1:00 - 4:00 p.m. Tickets for the event are available online through the Del Mar Village Association website. Councilmember Martinez also reported that on October 26, 2024, Del Mar Community Connections will host a Trivia Night fundraiser event.
CITY MANAGER’S REPORT
None.
CONSENT CALENDAR
Senior Management Analyst Kseniia Izgarskaia 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. (VOTE 4-0, WITH DEPUTY MAYOR GAASTERLANDER RECUSED FOR ITEM 5)
City Council Regular Minutes
October 7, 2024
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez and Quirk; Noes:
0; Recuse: Deputy Mayor Gaasterland for Item 5 only; Absent: 0; Abstain: 0.
ITEM 1: APPROVAL OF MINUTES: SEPTEMBER 23, 2024 REGULAR MEETING (CLERK’S
MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED OCTOBER 7, 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: AMENDMENTS TO AS-NEEDED ENVIRONMENTAL CONSULTING SERVICES AGREEMENTS (CLERK’S FILE NO. 406-1)
Council approved the First Amendments to the Agreements with AECOM Technical Services, Inc. (AECOM), Helix Environmental Planning, Inc. (Helix), RECON Environmental, Inc. (RECON), and SWCA Environmental Consultants (SWCA) for AsNeeded Environmental Consulting Services (Amendments) extending the terms for an additional two-year period ending September 30, 2026, and adjusting fees for inflation; and authorized the City Manager to execute the Amendments, on consent.
ITEM 5: ADOPTION OF ORDINANCES TO REPEAL AND REPLACE THE INCLUSIONARY
HOUSING AND CONDOMINIUM CONVERSION REGULATIONS IN DEL MAR MUNICIPAL CODE CHAPTERS 24.21 AND 24.40 AND RELATED AMENDMENTS TO
THE CERTIFIED LOCAL COASTAL PROGRAM FOR THE NORTH COMMERCIAL AND PROFESSIONAL COMMERCIAL ZONING REGULATIONS (CLERK’S FILE NO. 303-1, 401-4, 401-9)
Council adopted Ordinance 1012, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, TO REPEAL AND REPLACE THE DEL MAR MUNICIPAL CODE (DMMC) CHAPTER 24.21 INCLUSIONARY HOUSING REQUIREMENTS AND CHAPTER 24.40 CONDOMINIUM CONVERSION
REGULATIONS TO IMPLEMENT THE 6TH CYCLE HOUSING ELEMENT PROGRAMS 4D AND 4E THROUGH MUNICIPAL CODE AMENDMENTS (A24-001 AND A24-002)”, including the changes read into the record at the introduction hearing identified in strikeout underline format in Attachment B; and adopted Ordinance 1013, “AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, TO AMEND DEL MAR MUNICIPAL CODE SECTIONS 30.24.070 AND 30.25.070 AMENDING THE DEL MAR
ZONING CODE AND LOCAL COASTAL PROGRAM TO MAKE MINOR CORRECTIONS
TO THE NORTH COMMERCIAL ZONE AND PROFESSIONAL COMMERCIAL ZONE
DEVELOPMENT STANDARDS RELATING TO INCLUSIONARY HOUSING AS AMENDED BY A SEPARATE ORDINANCE FOR IMPLEMENTATION OF 6TH CYCLE HOUSING ELEMENT PROGRAMS 4D (INCLUSIONARY HOUSING REGULATIONS) AND 4E (CONDOMINIMUM CONVERSION REGULATIONS)” to make minor corrections for consistency with the citywide regulations, on consent.
City Council Regular Minutes
October 7, 2024
PUBLIC HEARING
ITEM 6: SAN DIEGUITO DRIVE IMPROVEMENTS PROJECT CEQA DETERMINATION AND DISCRETIONARY PERMITS (CLERK’S FILE NO. 901-4)
Mayor Druker opened the public hearing for this item. There was no staff presentation or Council discussion. There were no public speakers. Mayor Druker closed the public hearing for this item.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER MARTINEZ TO ADOPT A RESOLUTION APPROVING DESIGN REVIEW PERMIT (DRB24-004), LAND CONSERVATION PERMIT (LC24-006), CONDITIONAL USE PERMIT (CUP24-004), COASTAL DEVELOPMENT PERMIT (CDP24-024), AND TREE REMOVAL PERMIT (TRP24-012) TO IMPROVE SAN DIEGUITO DRIVE TO PUBLIC ROAD STANDARDS. (VOTE 3-1) Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmember Martinez; Noes:
Councilmember Quirk; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 7: UTILITY UNDERGROUNDING DISTRICT X1A (CREST CANYON) - APPROVAL OF DESIGN REVIEW PERMIT (DRB24-003), CONDITIONAL USE PERMIT (CUP24-003), AND COASTAL DEVELOPMENT PERMIT (CDP24-020); ACCEPTANCE OF GRANT DEED OF EASEMENTS FOR SDG&E; GRANT OF EXEMPTION FOR 1810 SAN DIEGUITO DRIVE; AND APPROVAL OF TASK ORDER AMENDMENT FOR UTILITY SPECIALISTS SOUTHWEST, INC. (CLERK’S FILE NO. 1001-2)
A presentation was provided by Principal Engineer Martin Boyd and Associate Planner Jennifer Gavin.
Council questions focused on whether the subject location for the potential exemption was located on the public or private portion of Oribia Road; estimated costs for the homeowner to install their lateral line and how that compares to what other homeowners typically pay; and whether other potential locations for the subject lateral were explored. There were no public speakers or Council discussion for this item.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER MARTINEZ TO: 1) ADOPT A RESOLUTION APPROVING DESIGN REVIEW PERMIT (DRB24-003), CONDITIONAL USE PERMIT (CUP24-003), AND COASTAL DEVELOPMENT PERMIT (CDP24-020)
FOR THE UNDERGROUNDING OF UTILITY LINES, REMOVAL OF UTILITY POLES, INSTALLATION
OF ABOVE GRADE UTILITIES, AND RELATED CONSTRUCTION OF TRENCHES AND GRADING LOCATED WITHIN THE UNDERGROUND UTILITY DISTRICT X1A (CREST CANYON) (ATTACHMENT A); 2) APPROVE A RESOLUTION GRANTING EASEMENTS FROM THE CITY TO
SDG&E WHICH CONCERN CITY PROPERTIES LOCATED ALONG SAN DIEGUITO DRIVE AND RACETRACK VIEW DRIVE (APN: 299-200-72-00) AND 15TH STREET (APN: 299-260-45-00) (ATTACHMENT B); 3) APPROVE A RESOLUTION GRANTING AN UNDERGROUND UTILITY EXEMPTION ALLOWING 1810 SAN DIEGUITO DRIVE (APN: 299-200-71-00, 299-200-09-00, AND 299-200-10-00) TO MAINTAIN TWO OVERHEAD ELECTRIC POLES AND RELATED COMMUNICATION FACILITIES (ATTACHMENT C); 4) APPROVE A $57,755 TASK ORDER AMENDMENT WITH UTILITY SPECIALISTS SOUTHWEST, INC. FOR ADDITIONAL PRECONSTRUCTION SERVICES FOR UUD X1A (ATTACHMENT D); 5) AFFIRM THE DETERMINATION
THIS PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15302(D) (CLASS 2) AND 15304 (CLASS 4); AND 6) AUTHORIZE THE CITY MANAGER TO EXECUTE THE REFERENCED EASEMENT GRANTS AND TASK ORDER AMENDMENT ON BEHALF OF THE CITY. (VOTE 4-0) City Council Regular Minutes
October 7, 2024
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez and Quirk; Noes:0; Recuse: 0; Absent: 0; Abstain: 0.
CITY COUNCIL OTHER BUSINESS
ITEM 8: AWARD OF CONSTRUCTION CONTRACT TO BERT W. SALAS, INC. AND RELATED
ACTIONS FOR THE HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS PROJECT (CLERK’S FILE NO. 406-1, 803-3)
A presentation was provided by Principal Engineer Martin Boyd, and Public Works Director Joe Bride was available to answer questions. Council questions focused on the bid process and costs for the project; current conditions and the location and scope of the work that will be completed as part of the project; whether design of the project includes creation of a walkable path for the entirety of the alley.
There were no public speakers for this item. Council expressed appreciation for staff’s work on this the project, and noted that the project received a high number of bids, including bids below the engineer’s estimate.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER MARTINEZ TO: 1) AWARD A $441,796.50 CONSTRUCTION CONTRACT TO BERT W. SALAS, INC. (ATTACHMENT A) FOR THE HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS PROJECT; 2) AWARD A $69,780 TASK ORDER TO DUDEK FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES (ATTACHMENT B); 3) APPROVE A 10% PROJECT CONTINGENCY OF $51,423; 4) AUTHORIZE THE CITY MANAGER TO EXECUTE THE REQUIRED DOCUMENTS AND ANY CONTRACT CHANGES NECESSARY TO COMPLETE THE WORK; AND 5) AMEND THE FISCAL YEAR 2024-2025 OPERATING AND CAPITAL BUDGET AS DESCRIBED IN THE FISCAL IMPACT SECTION OF THIS REPORT. (VOTE 4-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez and Quirk; Noes:0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 9: GUIDING PRINCIPLES FOR AMENDING TREES, SCENIC VIEWS, AND SUNLIGHT REGULATIONS (CLERK’S FILE NO. 401-4, 1403-7)
A presentation was provided by Principal Planner Matt Bator, and Planning and Community Development Director Karen Brindley was available to answer questions.
Council questions focused on the basis for developing guiding principles for revisions to the City’s Trees, Scenic Views, and Sunlight Regulations; details of comparable ordinances in other jurisdictions; fee methodology; need to make what constitutes a view and when it is established more clear; clarification on the current definitions of view restoration and preservation; and whether other jurisdictions reference sunlight in their regulations. Mayor Druker opened the item to public comment, and Janet Wilson spoke on this item. Mayor Druker closed the item to public comment.
Council discussion focused on the importance of rules-based approach; value of the research conducted by City staff; need for drafts and milestones for Council’s future discussion and public input; possibility of creating definitions for “sunlight” and “view” and following guidelines similar to the Design Review Board; elimination of ambiguity and providing clarity throughout the guiding principles. Council discussed the importance of including sunlight in the metrics related to the regulations. Staff noted that the Council will have an opportunity to provide input and make modifications to the guidelines at the future Council meetings.
City Council Regular Minutes
October 7, 2024
Council discussed suggested edits and additions to the proposed guidelines to emphasize sunlight, and staff incorporated the edits during the meeting.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER MARTINEZ TO APPROVE THE PROPOSED GUIDING PRINCIPLES FOR AMENDING THE CITY’S
TREES, SCENIC VIEWS, AND SUNLIGHT REGULATIONS, AS AMENDED WITH THE ADDITION OF “/SUNLIGHT” AND “AND/OR SUNLIGHT” INTO THE GUIDELINES WHERE APPROPRIATE. (VOTE 4-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez and Quirk; Noes:0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 10: REQUEST FOR CONTRIBUTION TO THE NORTH COASTAL CLEAN AIR PARTNERSHIP FROM COUNTY SUPERVISOR TERRA LAWSON-REMER (CLERK’S FILE NO. 1403-4)
An introduction to the item was provided by Mayor Druker. A brief overview of a request from Supervisor Terra Lawson Remer’s office was provided by City Manager Ashley Jones. Council questions focused on additional information that the Council would like to receive prior to making a decision, such as: types of filters to be purchased; how many households need air filters; details about the air filters that were previously purchased by the County and how those filters were selected to address the identified air quality/noxious gas concerns; filter capacity; and whether the decision on this request from the Supervisor is time-sensitive for the Council. Mayor Druker opened the item to public comment, and there were no public speakers. Mayor Druker closed the item to public comment.
Council discussed the County’s approach to solving the sewage issue; need for emergency declaration from the State and/or federal government; and the interconnectedness of local beaches making the sewage issue a regional emergency. City Manager Ashley Jones explained that Mayor Druker, along with most mayors in the County, signed on to a letter from Imperial Beach requesting State and federal assistance with addressing this critical public health issue.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND TO APPROVE A REQUEST FROM THIRD
DISTRICT COUNTY OF SAN DIEGO BOARD SUPERVISOR TERRA LAWSON-REMER FOR A
CONTRIBUTION TO SUPPORT COASTAL COMMUNITIES IN SOUTH SAN DIEGO COUNTY
AFFECTED BY THE TIJUANA SEWAGE CRISIS, AND TO REQUEST ADDITIONAL INFORMATION FROM THE COUNTY SUPERVISOR’S OFFICE. DEPUTY MAYOR GAASTERLAND THEN WITHDREW THIS MOTION.
Council directed staff to follow up with the Supervisor’s office on the additional information identified by Deputy Mayor Gaasterland and bring the item back at a future Council meeting date.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 5:24 p.m. to 5:30 p.m.
ITEM 11: CITY COUNCILMEMBER VACANCY – APPLICATION REVIEW AND INTERVIEWS (CLERK’S FILE NO. 401-1)
An introduction to the item was provided by Mayor Druker. Senior Management Analyst Kseniia Izgarskaia provided an overview of the interview process.
The City Council interviewed applicants Ted Bakker and Jeff Sturgis.
City Council Regular Minutes
October 7, 2024
Mayor Druker opened the item to public comment, and the following people spoke:
1) Gas Grewal (with a donation of time from Lacey Spelich) 2) Suren Dutia (with a donation of time from Jeff Friestedt) 3) Bill Michalsky
4) Roger Bates
5) Annie Herlik
6) Julie Maxie-Allison
7) Bob Gans
8) Philip Posner
9) Sheila Friedlander
10) John Goodkind
11) Carol Kerridge
12) Greg Rothnem
13) Mark Filanc
14) Stephanie Covington
15) John Spelich
16) Hershell Price
17) Pamela Slater-Price
Mayor Druker closed public comment for this item.
The Council conducted three separate rounds of voting, each resulting in a tie vote, with Mayor Druker and Councilmember Martinez voting to appoint Ted Bakker and Deputy Mayor Gaasterland and Councilmember Quirk voting to appoint Jeff Sturgis.
Council discussion focused on additional options to fill the vacant seat, including whether to hold a special election and potential costs for doing so. There was not support from a majority of the Council to move forward with holding a special election. Council directed staff to re-open the recruitment, solicit additional interest, and bring all the applicants back to the Council for consideration at the next Council meeting.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 7:20 p.m. to 7:40 p.m.
ITEM 12: COORDINATION OF COUNCIL LOCAL AND REGIONAL 2024 MEETING COVERAGE (CLERK’S FILE NO. 401-5)
An introduction to the item was provided by Mayor Druker. A brief overview was provided by Senior Management Analyst Izgarskaia and City Manager Jones. There were no speakers for this item.
Council discussed local and regional meetings scheduled though the remainder of calendar year 2024; Councilmembers’ availability to attend the meetings; importance of having two liaisons on the Finance Committee and Human Resources (HR) subcommittee; and importance of having a city representative on the METRO JPA Board and ability for the City to appoint a non-Council member to represent the City on the METRO JPA Board.
IT WAS MOVED BY MAYOR DRUKER, SECONDED BY COUNCILMEMBER MARTINEZ TO APPOINT FORMER COUNCILMEMBER WORDEN TO SERVE AS THE CITY’S REPRESENTATIVE TO THE METRO JPA BOARD THROUGH THE END OF 2025. (VOTE 4-0) Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez and Quirk; Noes:0; Recuse: 0; Absent: 0; Abstain: 0.
City Council Regular Minutes
October 7, 2024
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY MAYOR DRUKER TO
APPOINT DEPUTY MAYOR GAASTERLAND TO SERVE AS THE SECOND COUNCIL LIAISON TO THE FINANCE COMMITTEE. (VOTE 4-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez and Quirk; Noes:0; Recuse: 0; Absent: 0; Abstain: 0.
There was Council consensus to appoint Councilmember Martinez as the second liaison to the HR subcommittee and leaving all other liaison appointments unchanged for the remainder of the 2024 calendar year. Councilmember Quirk agreed to attend the Regional Solid Waste Association (RSWA) meeting, should there be a special meeting before the end of the calendar year.
Council asked staff to research whether the San Dieguito River Valley Regional Open Space Park JPA requires an active Councilmember as a representative on their Board and report back Council at a future date.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
None.
ADJOURNMENT
Mayor Druker adjourned the meeting at 8:33 p.m.
Kseniia Izgarskaia, Senior Management Analyst