Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California
And via teleconference
111 Eden St.
Bar Harbor, ME 04609
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.
Regular Meeting
Tuesday, September 5, 2023 at 4:30 PM
Public Participation/Comment: Members of the public can participate in City Council meetings remotely and in-person.
Anyone may address the City Council for up to three minutes, at the Mayor’s discretion, on items on the agenda. Members of the public wishing to speak on items not on the agenda may do so under Public Oral Communications. Agenda items may be addressed in any order at the discretion of the Mayor. When addressing the Council, please state your name for the record. Any electronic presentations must be received before 9 a.m. on the date of the Council meeting. No PowerPoint presentations can be loaded during the meeting.
In-Person Participation: Please submit a completed “Speaker Slip”, including the item number you wish to speak on, to the City Clerk prior to the Mayor announcing the agenda item. The forms are located near the door at the rear of the Meeting Room. When called to speak, please approach the podium and state your name for the record.
Remote Participation: Members of the public can participate in the meeting remotely using the Zoom link and/or dial-in information provided below. Those wishing to comment live should join the Zoom meeting when the item(s) they wish to speak on is announced or at the meeting start time for items not on the agenda. Zoom Link:
https://us02web.zoom.us/j/84790910014; Phone: (669) 900- 6833; Meeting ID: 847 9091 0014
Written Comments: Members of the public can participate in the meeting by submitting a written red dot comment via email to [email protected]. The deadline to submit written comments is 12 p.m. on the day of the meeting and the subject line of your email should clearly state the agenda item you are commenting on.
Viewing the Meeting and Access to Agenda Materials: Members of the public can watch the meeting live on the City’s website at: http://delmar.12milesout.com/Video/Live and on Cable TV Spectrum Ch. 24, AT&T Ch. 99 starting at 4:30 PM. Agenda materials and communications from the public on agenda items, “Red Dots”, are available on the City’s website:
http://www.delmar.ca.us/AgendaCenter and a hard copy of the agenda materials are available at Del Mar City Hall and the Del Mar Library during their business hours.
Assistance for Persons with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Administrative Services Department at 1050 Camino del Mar or by calling (858) 755-9313.
Tracy Martinez
Mayor
Dan Quirk
Deputy Mayor
Dave Druker
Council Member
Terry Gaasterland
Council Member
Dwight Worden
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting September 5, 2023
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Each person wishing to speak before the City Council on any matter not on the agenda shall submit a “Speaker Slip” to the City Clerk or raise their hand in Zoom when Public Oral Communication is announced. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and may be asked clarifying questions. Information received during Public Oral Communication may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda.
Note: there is a time limit of 30 minutes for this section of public communications and each speaker will be heard in the order of the submission of their speaker slip. Speakers who have turned in a speaker slip prior to the time oral communications was called on the agenda, but were not heard during the initial time period shall be called to speak at the end of the agenda.
V. CITY COUNCIL COMMENTS
VI. COMMUNITY ANNOUNCEMENTS
VII. CITY MANAGER’S REPORT
VIII. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council or the public so requests, in which event, the item will be pulled from the Consent Calendar and considered separately after the motion to approve the Consent Calendar. If you wish to remove an item from the Consent Calendar, please submit a “Speaker Slip” to the City Clerk or raise your hand in Zoom.
1. Approval of Minutes: July 24, 2023 Regular and Special Meeting, August 9, 2023 Special Meeting
Recommended Action: Approve Minutes.
Reference: Clerk’s Minutes Book
2. Ratification of List of Demands, dated September 5, 2023 Recommended Action: Ratify the List of Demands.
Del Mar City Council Regular Meeting September 5, 2023
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 201-3
3. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.
Reference: Clerk’s File No. 401-4
4. Agreement for City Council Retreat Facilitation Services Recommended Action: Mayor Tracy Martinez and Council Member Dave Druker recommend that the City Council: 1) Approve an Agreement with the Centre for Organization Effectiveness for City Council Retreat Facilitation Services (Attachment A); 2) Authorize the City Manager to execute the Agreement; and 3) Allocate $8,300 to cover facilitation services from the General Fund to the City Council Division budget as further described in the Fiscal Impact section of the report.
Reference: Clerk’s File No. 406-1
5. Approval of Amended Agreement for Retirement Health Savings (RHS) Program for the Del Mar Firefighters Association (DMFA) Recommended Action: Staff recommends that the City Council: 1) Adopt the Resolution (Attachment A) to adopt the amended Retirement Health Savings (RHS) Program for the Del Mar Firefighters Association; 2) Approve the required program agreement and supporting documents (Attachments B-E); and 3) Authorize the City Manager to execute the necessary documents.
Reference: Clerk’s File No. 406-1
6. Acceptance of a Donation from the Del Mar Foundation for All-Terrain Wheelchairs and Accessibility Mats
Recommended Action: Staff recommends that the City Council: 1) Accept a donation of $9,000 from the Del Mar Foundation to purchase two all-terrain wheelchairs and two accessibility mats; and 2) Amend the Fiscal Year 2022-23 Operating and Capital Budget to reflect the donation.
Reference: Clerk’s File No. 201-13, 1202-11, 1501-16
7. First Amendment to Agreement with West Coast Arborists for As-Needed Citywide Tree Management and Maintenance Services
Recommended Action: Staff recommends that the City Council: 1) Approve the First Amendment to the Agreement (Agreement) between the City of Del Mar and Del Mar City Council Regular Meeting September 5, 2023
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us West Coast Arborists, Inc. (Attachment A) for as-needed citywide tree management and maintenance services; and 2) Authorize the City Manager to execute the First Amendment.
Reference: Clerk’s File No. 406-1, 1403-7
8. Approval of a Task Order with Michael Baker International to Perform a Lead Water Service Line Inventory
Recommended Action: Staff recommends that the City Council: 1) Approve a $20,300 Task Order (Attachment A) with Michael Baker International (MBI) to perform a Lead Water Service Line Inventory; and 2) Authorize the City Manager to execute the Task Order.
Reference: Clerk’s File No. 406-1
9. Approval of Professional Services Agreement with Bucknam Infrastructure Group, Inc. for the 2023 Pavement Condition Assessment and Five-Year Pavement Management Plan
Recommended Action: Staff recommends that the City Council: 1) Approve the Professional Services Agreement (Agreement) between the City of Del Mar and Bucknam Infrastructure Group, Inc. (Attachment A) to provide citywide pavement condition assessment services and prepare a five-year pavement management plan; and 2) Authorize the City Manager to execute the Agreement.
Reference: Clerk’s File No. 406-1, 901-5
10. Award of Construction Contract with Portillo Concrete, Inc. for the Beach Colony Pedestrian Improvement Project
Recommended Action: Staff recommends that the City Council: 1) Award a $171,000 construction contract to Portillo Concrete, Inc. (Attachment A), which includes the Base Bid plus three Alternate Bid Items, for the Beach Colony Pedestrian Improvement Project; 2) Approve $92,570 in funding for additional pedestrian ramp improvements included as Alternate Bid Items; 3) Authorize the City Manager to execute the contract; and 4) Amend the Fiscal Year (FY) 2023- 2024 Operating and Capital Budget as described in the Fiscal Impact section of this report.
Reference: Clerk’s File No. 406-1
11. Approval of Agreement with Civic Solutions, Inc. for Contract Planning Services
Recommended Action: Staff recommends that the City Council approve a Professional Services Agreement retroactively effective to August 3, 2023, with Del Mar City Council Regular Meeting September 5, 2023
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civic Solutions, Inc. (Attachment A) to provide contract planning services, which was previously authorized by the City Manager on an urgency basis due to the high volume of work and current vacancies in the City’s Planning and Community Development Department.
Reference: Clerk’s File No. 102-6, 406-1
12. Resolution of Support for a Robust Public Outreach and Participation Process related to the LOSSAN Rail Realignment Project
Recommended Action: Mayor Martinez and Councilmember Gaasterland request that the City Council adopt a Resolution in support of the San Diego Association of Governments (SANDAG) conducting a robust, responsive, and transparent public outreach and participation process related to the LOSSAN Rail Realignment Project.
Reference: Clerk’s File No. 1005-2, 1506-1
13. Finance Committee Appointment
Recommended Action: The City Council Liaisons to the Finance Committee recommend that the City Council appoint Kenneth Barrett as a voting member to the Finance Committee to serve a full three-year term effective September 5, 2023, and ending on September 30, 2026.
Reference: Clerk’s File No. 401-5
14. Approval of Fifth Amendment to Cooperative Fire Management Services Agreement
Recommended Action: Staff recommends that the City Council approve a Fifth Amendment to the Agreement for Cooperative Fire Management Services (Attachment A) to add an Administrative Fire Captain position and authorize the City Manager to execute the Agreement.
Reference: Clerk’s File No. 406-1, 1101-8
IX. PUBLIC HEARING
15. Introduction of an Ordinance Amending the City’s Local Coastal Program Land Use Plan and Del Mar Municipal Code Chapter 30.80 Parking Regulations Consistent with the May 10, 2023, California Coastal Commission Action Identifying Modifications Required to Obtain Final Certification of the Parking-Related Local Coastal Program Amendment Recommended Action: Staff recommends the City Council introduce an Ordinance (Attachment A) to amend the City’s Local Coastal Program Land Use Del Mar City Council Regular Meeting September 5, 2023
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Plan and Del Mar Municipal Code (DMMC) Chapter 30.80 Parking Regulations consistent with the May 10, 2023 California Coastal Commission (CCC) Conditional Certification Action.
Reference: Clerk’s File No. 401-4, 401-9, 905-3
16. Introduction of an Ordinance to Implement Housing Element Program 1F Relating to the Regulation of Manufactured Homes
Recommended Action: Staff recommends the City Council introduce an Ordinance (Attachment A) to implement 6th Cycle Housing Element (Housing Element) Program 1F relating to the regulation of manufactured homes.
Reference: Clerk’s File No. 304-7, 401-4, 401-9
X. COUNCIL MEETING RECESS
XI. CITY COUNCIL OTHER BUSINESS
17. Report on Items Related to Development of Short-Term Rental (STR) Policies and Regulations Including California Coastal Commission (CCC) Actions and Court Decisions and Ongoing STR Data and Information Collection
Recommended Action: Staff recommends that the City Council: 1) Receive a report from the City Attorney’s office providing an overview of the legal landscape regarding short-term rentals including relevant court decisions and CCC actions to be considered in the development of new STR policies and regulations; 2) Authorize staff to initiate a STR operator registration process to establish a database of existing STRs within the last 10 years (see background summary in Attachment A); 3) Review supplemental June 2023 STR data (Attachment B); and 4) Confirm which California jurisdictions are to be used to collect sample STR policy and regulation data for presentation to the Council on September 18, 2023 (Attachment C).
Reference: Clerk’s File No. 301-19
18. San Dieguito Drive Phase 1 Preliminary Engineering Assessment Presentation and Recommendation to Proceed to Phase 2 Engineering Design
Recommended Action: Staff recommends the City Council: 1) Approve further study and design of Minimal Alternative (Alternative #3) from the Phase I Engineering Assessment (Attachment A, page 4) and grant an exception to City Council Policy 114 - Complete Streets; 2) Approve a $155,400 Task Order (Attachment B) with Michael Baker International (MBI) to proceed with Phase 2 Road Improvement Design, Construction Documents and Easement Acquisition Del Mar City Council Regular Meeting September 5, 2023
Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us for the Minimal Alternative (Alternative #3); and 3) Authorize the City Manager to execute the Task Order.
Reference: Clerk’s File No. 801-1
XII. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.
A. 22nd District Agricultural Association Community Relations Committee (Gaasterland/Martinez)
B. Clean Energy Alliance JPA (CEA) Board of Directors (Druker/Worden) C. CSA-17 Ambulance District Advisory Board (Martinez/Quirk) D. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Quirk/Martinez) E. League of California Cities – San Diego Chapter (Martinez/Worden) F. League of California Cities – Coastal Cities Group (Worden) G. North County Transit District (NCTD) (Druker/Gaasterland) H. Regional Solid Waste Association (Worden/Quirk)
I. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Druker
J. SANDAG Borders Committee (Druker)
K. SANDAG Regional Planning Committee (Gaasterland)
L. SANDAG Shoreline Preservation Working Group
(Worden/Gaasterland/Martinez)
M. SANDAG LOSSAN Executive Task Force (Druker/Gaasterland) N. San Diego Metropolitan Wastewater Commission/JPA (Worden/Quirk/Druker) O. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Worden/Quirk)
P. Other Regional Organization Reports
XIII. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.
A. Arts Advisory Committee (Druker)
B. Clean Water Rate Project
C. Del Mar Community Connections (Martinez/Worden)
D. Del Mar Village Association (Gaasterland/Martinez)
E. Finance Committee (Druker/Worden)
F. Housing Subcommittee (Gaasterland/Martinez)
G. Human Resources Subcommittee (Druker/Worden)
H. Legislative Subcommittee (Gaasterland/Martinez)
I. Measure Q Citizen Oversight Committee (Gaasterland/Quirk) J. Parks and Recreation Committee (Martinez/Worden)
K. Del Mar Railroad Committee (Druker/Gaasterland)
L. Lagoon Committee (Quirk/Worden)
Del Mar City Council Regular Meeting September 5, 2023
Agenda Page 8
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us M. Sea-Level Rise Adaptation Plan Implementation Subcommittee (Gaasterland/Martinez)
N. Shores Advisory Committee
O. Sustainability Advisory Committee (Martinez/Worden)
P. Traffic and Parking Advisory Committee (Quirk/Worden) Q. Undergrounding Project Advisory Committee (Druker/Gaasterland) R. Other Committee-Subcommittee Reports
XIV. UPCOMING AGENDA ITEMS
The following topics/items are tentatively planned for upcoming agendas. The title, wording, and planned date for these items are subject to change. Final agendas are posted at City Hall 72 hours in advance of the meetings and are also posted on our web site with the accompanying staff report. Please watch our web site:
www.delmar.ca.us for City Council Agendas.
September 18, 2023
Second Reading and Adoption of Modifications to Parking LCPA Second Reading and Adoption of Manufactured Home Ordinance Approval of Agreement for Fire Engine Maintenance and Repairs Award Agreement for Street Sweeping Services
Riverpath Phase 3 County Board of Supervisors Grant Application Approval of Task Orders for Jimmy Durante Boulevard Bluff Project Approval of Electronic Signature Use Resolution
Paid Parking CDP (update on signs, removal of parking meters on Via de la Valle, new beach parking pass program) - Tentative
Approval of Design for the Riverpath Phase 3 Project
Actions Per Referendum Withdrawal Agreement for Ordinance 973 Relating to Allowable Land Use and Development in North Commercial Zone Including Short Term Rentals and Condo Conversions Short Term Rentals: Review Other City/County Examples and Policy Direction Consideration of Symposium Community Event in the Town Hall on November 12, 2023 Del Mar City Council Regular Meeting September 5, 2023
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1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XV. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 30th day of August, 2023 at approximately 5:15 p.m.
___________________________________________ 8/30/2023
Sarah Krietor, Administrative Services Manager/ Date
City Clerk