Del Mar City Council Meeting Agenda
Del Mar Town Hall
1050 Camino Del Mar, Del Mar, California
February 13, 2023 City Council Special Meeting
INFORMATION RECEIVED
AFTER THE COUNCIL AGENDA
WAS DISTRIBUTED
(“Red Dots”)
February 6, 2023
To the Del Mar City Council and City Manager
This is a request that you undertake a review of the Carmel Valley Precise Plan in 2023. This probably requires including it in the annual work plan.
Background
1. The 1980 City Council adopted the CVPP. The document was incomplete. Many of its terms and conditions were ambiguous. The Council knew that it would require further work. Section I provides:
“The Plan will need to be modified as conditions alter over time and thorough reviews should be undertaken every three years to test the validity of its contents.”
2. The Council’s formal adoption of the CVPP did not make any specific provisions for those reviews.
3. This omission allowed about twenty successive City Councils and multiple City Managers to ignore or postpone those reviews for four decades.
4. The 2019 City Council rejected a formal request to perform the required review, saying that "they (some residents) don't want that”. Does the Council believe that what “they” want or don’t want trumps the Municipal Code?
5. In 2019 I challenged a Restorative Action Plan on the basis that it was not consistent with the CVPP zoning ordinance.
6. The City Council, with the Mayor recused, heard arguments including staff recommendations that showed their failure to understand three different paragraphs of the CVPP.
7. That unique set of councilmembers in 2019 did not examine the legal questions put before them.
They voted three-to-one to follow staff recommendations. The Council also added unique penalties in the form of Resolution 2019-55.
8. Despite strong objection by one councilmember, they also decided that a Design Review Board approval, regardless of age, can be undone by a simple majority of a current Council.
9. The property owners brought suit to challenge Resolution 2019-55.
10. In September 2022, the Superior Court ruled that
a. The City incorrectly interpreted its own ordinances
b. The City exceeded its authority in six instances
c. A property owner is not legally bound to comply with the City’s flawed orders. d. The Council must vacate its Resolution 2019-55.
11. Notwithstanding the suit and its outcome, the CVPP still requires by its terms an assessment of “the validity of its contents”
My preliminary review shows that there are 22 obvious corrections and clarifications needed in the CVPP. None of these would trigger CEQA review; they are not changes to the substance of the Plan. I hope to cooperate in the preparation of a revised plan for public review; my estimate is 12 hours of my time and 24 hours of staff time -- the CVPP is a short document.
The above facts are convincing evidence that the CVPP needs a thorough review. Fixing it now will prevent future disputes and litigation. Residents are entitled to be governed by definitive zoning laws.
Thank you for considering my request to review the CVPP as part of the 2023 work plan.
Respectfully,
Ken Olson
404 Torrey Point Road
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February 9th, 2023
Mayor and City Council
City of Del Mar
1050 Camino Del Mar
Del Mar, CA 92014
Via Email
RE: Take Action on the Climate Emergency and Protect Public Health by Adopting an All-Electric Ordinance
Honorable Mayor and Councilmembers,
Climate Action Campaign is a leading climate non-profit based in San Diego with one mission: stop the climate crisis through effective and equitable policy action. Climate action is tied to improvements in quality of life and the City of Del Mar has the opportunity to better its community by passing an all-electric ordinance for new construction. We urge the City to ensure building electrification is prioritized on staff work plans for the current year in order to adopt an all-electric ordinance as soon as possible.
In June 2020, the City adopted a resolution declaring a Climate Emergency, recognizing that the accelerating impacts of climate change are burdening Del Mar and that urgent action from the City is required. Continuing to construct homes and buildings with methane gas exacerbates the climate emergency and endangers the health of the Del Mar community, particularly those in vulnerable populations such as youth and the elderly. After years of delay, adopting an all-electric ordinance will reduce the expansion of fossil fuel infrastructure and the harmful impacts of methane gas. It is an opportunity to prove that the City will follow-through on its commitments to the Del Mar community and climate.
Over 70 jurisdictions in California have already adopted ordinances, including neighboring cities such as Encinitas and Solana Beach. This means abundant resources, templates and best practices are available for the City to utilize. The Sustainability Advisory Committee has also compiled valuable research, partners and consultants to support the City in drafting an ordinance. Please utilize this strong foundation to complete the work as so many jurisdictions across the State have shown it is possible to do.
With the new State Building Code requiring homes to have electric-ready wiring, allowing gas infrastructure in new buildings is an incredible inefficiency and a significant, unnecessary expense.
Expanding fossil fuel infrastructure will lead to future stranded gas piping and appliances and is a missed opportunity to take climate action and protect public health. The City cannot continue to delay. Please ensure building electrification is prioritized on staff work plans for the current year and adopt a stringent, all-electric ordinance for new construction now.
Sincerely,
Serena Pelka
Policy Advocate
Climate Action Campaign
1 February 13, 2023 ITEM 01
To: Honorable Mayor Martinez, Deputy Mayor Quirk, Council Members Druker, Gaasterland, and Worden, and City Manager Ashley Jones From: Jennifer Grove, DMVA Executive Director on behalf of the Del Mar Village Association
Date: February 10, 2023
Re: Red Dot for February 13, 2023, City of Del Mar Special Meeting Agenda - Goals and Priorities Workshop Item Number 1 ~ DMVA Downtown Del Mar Goals and Priorities for Consideration __________________________________________________________________ DMVA’s continuing mission is to assist the City of Del Mar in enhancing the vitality of Del Mar Village, supporting the economic integrity of the City of Del Mar and its small business community. The current partnership between the City of Del Mar and the DMVA for Destination Marketing and Economic Development has been hugely successful. DMVA plans to continue to build on this collaborative work in FY 2023-2024 and FY 2024-2025.
As the City of Del Mar reviews and determines its goals and priorities for FY 2023-2024 and FY 2024-2025, DMVA encourages the City to continue to keep the economic health of downtown Del Mar a top priority. Increasing City revenue from property tax, transient occupancy tax, and sales tax is integral to helping fund all City priority programming and assisting in attaining City goals. In addition, DMVA is ready to partner with the City for any additional downtown improvement projects by assisting with obtaining grant funding, lessening the City _____________________________________________________________________________________ 1442 Camino Del Mar | Suite 217 | Del Mar | CA | 92024
[email protected]
858.735.3650
1 1 February 13, 2023 ITEM 01
staff burden, and helping coordinate with downtown businesses and other governmental agencies along with residents and visitors.
Building on the completed 2019 streetscape, DMVA encourages the City to invest a percentage of Measure Q funds in downtown Del Mar streetscape and other downtown improvement projects annually. This investment will have a genuine economic ROI for the City of Del Mar. Below are the DMVA’s recommended projects for consideration by the City of Del Mar as priorities for funding and support for the downtown.
DMVA Downtown Priority Projects
● DMVA FY 2022-2023 + FY 2023-2024 Ongoing Programming
1. City of Del Mar Downtown Bench Adoption Program
2. Refurbished/repaired Holiday Garland Lights, new Holiday Tree
3. Holiday Free Parking Bags for meters + signage
4. Urban Corps Downtown Powerwash
5. Breeders’ Cup Event
● DMVA Proposed FY 2023-2024 + FY 2024-2025 New Downtown Projects for Priority Consideration
○ Implementation of additional Streetscape “Addendum” Projects (Note: These are items not completed during the 2019 streetscape.)
1. Improve downtown bus stops
● 15th Street/Camino Del Mar
● Other bus stops (e.g., Darshan and Del Mar Heights/4th Street)
_____________________________________________________________________________________ 1442 Camino Del Mar | Suite 217 | Del Mar | CA | 92024
[email protected]
858.735.3650
2 2 February 13, 2023 ITEM 01
2. Improve downtown landscaping
● Medians
● Sidewalk landscaping /Tree wells
3. Improve downtown streetscape south of 9th Street along Camino Del Mar (Note: Not improved during the 2019
Streetscape project)
4. Improve/activate underutilized existing downtown public and quasi-public spaces.
● Jim Watkin’s Amphitheater ~ Quasi-Public Property
● Caminito Del Mar Pocket Park (adjacent to Stratford
Square) ~ public property
5. Improve downtown sustainability elements
● Water bottle filling/dog water stations
● Electric car charging stations
6. Improve/beautify utility boxes downtown~ Wrapping
7. Develop and install new downtown wayfinding signage
8. Add sew sidewalk enhancements (e.g., artistic elements ~ sidewalk plaques, branded tree grates, branded utility hole covers, etc.)
● Regulatory
○ Work with L’Auberge DM on proposed Specific Plan Amendments; ○ Work with businesses regarding issues impeding investment (e.g., patio coverings, valet parking, etc.)
○ Evaluate and implement regulations to allow for downtown residential housing ~ Allowing residential units on the second story in commercial zones;
_____________________________________________________________________________________ 1442 Camino Del Mar | Suite 217 | Del Mar | CA | 92024
[email protected]
858.735.3650
3 3 February 13, 2023 ITEM 01
○ Evaluate and implement regulations to allow for downtown private/public parking opportunities ~ Allow private parking lots to become public parking in off hours to assist with new uses in the downtown;
○ Evaluate, implement regulations, and provide matching funds for a Downtown Del Mar Facade Improvement Program.
● Long Term Projects
○ Evaluate and implement regulations for adaptive reuse and related parking changes to allow existing buildings to be updated and adapted for new uses without triggering onerous requirements beyond those other government agencies (e.g., State and Federal mandates). Develop a mechanism to adapt vacant office space for more functional downtown opportunities.
○ Add New Park-like Downtown Areas (parklets)
_____________________________________________________________________________________ 1442 Camino Del Mar | Suite 217 | Del Mar | CA | 92024
[email protected]
858.735.3650
4 4 February 13, 2023 ITEM 01
1 Melinda Gould
From: City Clerk Mail Box
Subject: FW: Red dot for city goals workshop regarding Winston mediation From: Laura DeMarco <[email protected]>
Sent: Monday, February 13, 2023 12:26 PM
To: Tracy Martinez <[email protected]>; David Druker <[email protected]>; Terry Gaasterland <[email protected]>; Dan Quirk <[email protected]>; Dwight Worden <[email protected]> Cc: Ashley Jones <[email protected]>; Amanda Lee <[email protected]> Subject: Red dot for city goals workshop regarding Winston mediation CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Council members and staff,
It is commendable that a top priority of the city of Del Mar is pursuing mediation with the Winston School. A tireless advocate for mediation was former Del Mar Community Plan member and experienced appellate attorney Charlie Khoury, who unexpectedly passed away on November 15, 2022.
Charlie was a great man who helped so many people, most of whom were disadvantaged. He followed his father, a WWII admiral, into the navy and graduated from the Naval Academy. However, he chose a different path to defend our country and our constitution. His chosen field of battle was not the high seas, but the courtroom where he was a tireless warrior. Armed with his formidable intellect and disarming charm, he successfully advocated for and defended those who were treated unfairly or abused by the powerful. He truly wanted justice for all.
That is what compelled Charlie to follow up after reading that the city of Del Mar voted to terminate the Winston School’s 55-year lease 40 years early and evict the school and its students from the very land Winston enabled the city to buy. The inherent injustice hit close to home because he grew up with a sister with special needs.
Charlie wanted to help with his legal skills so he reviewed the lawsuit that Winston was forced to file against the city to stop the eviction from its home for the last 35 years. After reviewing the court record, applicable case law, and filings by both parties, he concluded that the city of Del Mar would lose badly both in court and the court of public opinion.
Charlie actively advocated for a better result through mediation so he submitted the following to the Sandpiper (which never appeared in print):
“You really get to know the life of a special needs child when you are 12 years old and suddenly you have a little sister come into your life who is so different from your two other sisters. A big difference is that the new one really liked you and had her own name for you and let you read stories to her and put her to bed at night. And you don’t even know she is “handicapped”, she is just different. And suddenly you go away to college and the one person you miss most is her.
Sixty-six years later you just happen, totally by chance, to walk by Winston School, which has been educating bright children with learning differences in Del Mar for 35 years. You see a similar DIFFERENCE in those students that you saw in your little sister. And you see the similar joy, muted sometimes, but still joy in those faces that you saw in your little sister.
I heard rumblings that the City of Del Mar wanted to terminate the school’s 55-year lease 40 years early and evict 100 of their needs students and 40 staff. I read in the newspaper that a judge approved the school’s claims against the city to 1 February 13, 2023 Item 01
2 stop termination of their 55-year lease signed in 2008 when the school partnered with the community to raise $5.5M to buy 5.3 acre Shores Park including their 1.8 acre campus.
I have been a lawyer for 53 years, still active in the courtroom and the courts of appeal. I got a chance to see the pleadings filed by Winston School. They are written by a prestigious and well known law firm and they are very clear, very well written and, if there is one thing I am certain of, if the case goes to trial, the City will lose and have to pay the attorney’s fees of the School, which will be hefty. The City will be an angry landlord in losing. There will be an appeal, more legal costs for both sides and a pall will be over the school, even in ultimate victory years in the future.
And if I am wrong and the City of Del Mar wins and the school is demolished, what a tragedy that will be. What an absolutely hollow “victory” for the City and a loss for our community and the school’s students who come from Del Mar and 14 other school districts.
Hopefully, the two sides will settle so there will be no trial and Winston will be able to implement their renovation plans which will create a new shared-use community center with a large performing arts/event venue, computer/digital arts lab, science lab, occupational therapy/ PE room, outdoor galleries, gardens and commercial kitchen for farm-to-table culinary program, conference rooms, and state-of-the art classrooms. And Winston School will continue to be a place of joy that we can all enjoy too. I can always hope that justice will prevail.” Please honor Charlie Khoury’s wishes, which are shared by neighbors and donors who contributed the majority of the $5.5M for the Shores Park and Winston campus acquisition. Preserve Charlie’s lasting legacy for justice in Del Mar.
Sincerely,
Laura
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