Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California
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
Monday, October 2, 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.
Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
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 October 2, 2023
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us 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. PRESENTATIONS
1. Proclamation in Support For and Declaration of California Clean Air Day on October 4, 2023
Recommended Action: Mayor Martinez to present proclamation.
Reference: Clerk’s File No. 1201-5
IX. 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.
2. Approval of Minutes: September 18, 2023 Regular and Special Meeting, September 25, 2023 Special Meeting
Recommended Action: Approve Minutes.
Del Mar City Council Regular Meeting October 2, 2023
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s Minutes Book
3. Ratification of List of Demands, dated October 2, 2023 Recommended Action: Ratify the List of Demands.
Reference: Clerk’s File No. 201-3
4. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.
Reference: Clerk’s File No. 401-4
5. ChargePoint Electric Vehicle Charging Stations Warranty Coverage and Maintenance Contract Extension
Recommended Action: Staff recommends that the City Council: 1) Authorize the City Manager to execute a five-year network service and warranty extension through May 24, 2029, with the City’s electrical vehicle charging vendor, ChargePoint, in an amount not to exceed $22,350 (Attachment A); and 2) Amend the Fiscal Year 2023-2024 Operating and Capital Budget as indicated in the Fiscal Impact section of this report.
Reference: Clerk’s File No. 406-1
6. Alert and Warning Memorandum of Agreement between the County of San Diego and the City of Del Mar
Recommended Action: Staff recommends that the City Council: 1) Approve the Alert and Warning Memorandum of Agreement between the County of San Diego and the City of Del Mar (Attachment A); and 2) Authorize the City Manager to execute the Memorandum of Agreement.
Reference: Clerk’s File No. 406-1, 1503-5
7. Award of Construction Contract for 25th Street Lifeguard Tower Exterior Door Replacement Project
Recommended Action: Staff recommends that the City Council: 1) Award a $39,635 construction contract with CTT Contemporary Furniture Incorporated (CTT Furniture) for the 25th Street Lifeguard Tower Exterior Door Replacement Project (Project) (Attachment A); 2) Approve a project contingency of $5,000; and 3) Authorize the City Manager to execute the contract and any contract changes necessary to complete the work.
Reference: Clerk’s File No. 406-1
Del Mar City Council Regular Meeting October 2, 2023
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
8. Parks and Recreation Committee Appointment
Recommended Action: The City Council Liaisons to the Parks and Recreation Committee recommend that the City Council appoint Ann Feeney as a voting member to the Committee to serve the balance of a vacant term starting October 2, 2023, and ending on January 1, 2024.
Reference: Clerk’s File No. 401-5
9. Purchase of Real Property Related to the Del Mar Riverpath Phase 3 Project Recommended Action: Staff recommends that the City Council: 1) Approve a Purchase & Sale Agreement (Attachment A) for the purchase of Assessor Parcel Number (APN) 299-200-51 (Property); 2) Adopt a Resolution (Attachment B) authorizing recordation of a Certificate of Acceptance (Attachment C) and a Grant Deed (Attachment D) to purchase real property known as APN 299-200-51; and 3) Authorize the City Manager to execute and record documents necessary to facilitate acquisition of the Property.
Reference: Clerk’s File No. 702-1
X. PUBLIC HEARING
10. Continued to October 16, 2023 Council Meeting: Introduce Updated Accessory Dwelling Unit (ADU) Ordinance, Including Provisions for Tiny Homes
Reference: Clerk’s File No. 303-1, 304-7, 401-4, 401-9
11. Continued to October 16, 2023 Council Meeting: Introduce Updated ADU Incentive Program Ordinance (Uncodified)
Reference: Clerk’s File No. 303-1, 304-7, 401-4
12. Riverpath Del Mar Extension Project Phase 3 Design Review Permit, Land Conservation Permit, and Final Design Acceptance
Recommended Action: Staff recommends that the City Council: 1) Adopt a Resolution (Attachment A) conditionally approving Design Review Permit DRB23- 008 and Land Conservation Permit LC23-003 for the construction and associated grading of the Riverpath Del Mar Extension Project Phase 3; and 2) Accept the Final Design.
Reference: Clerk’s File No. 301-5
Del Mar City Council Regular Meeting October 2, 2023
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XI. COUNCIL MEETING RECESS
XII. CITY COUNCIL OTHER BUSINESS
13. Continued to October 16, 2023 Council Meeting: Resolution to Adopt ADU Amnesty Program/Policy
Reference: Clerk’s File No. 303-1, 304-7
14. Discussion of Regulatory Framework Examples and Policy Direction for Short Term Rental Regulation
Recommended Action: Staff recommends that the City Council review a summary of short-term rental regulations from other jurisdictions (Attachment A) and provide direction to staff to develop new draft short term rental (STR) policies and regulations for the City of Del Mar.
Reference: Clerk’s File No. 301-19
15. City Council Consideration of Follow Up Actions Pursuant to the Agreement for Withdrawal of the Referendum Against City Ordinance 973 Relating to Allowable Land Use and Development in the North Commercial Zone Including Short Term Rentals and Condominium Conversions Recommended Action: It is requested that the City Council consider two follow up actions pursuant to the Agreement executed between the City of Del Mar and Del Mar Hillside Community Group for withdrawal of the Referendum (Attachment A) against the adopted North Commercial Zone Housing Element-Related Ordinance 973 as follows:
• Consider whether to prohibit Condominium Conversions of market rate units developed pursuant to “by-right” development in the North Commercial Zone (NC Zone) as part of the Housing Element Program 4E (Condominium Conversions) code amendments that will be clarified in conjunction with the Inclusionary Housing ordinance currently in process via Housing Element Program 4D; and
• Consider whether to prohibit Short Term Rentals (STRs) in any “by-right” development project in the NC Zone as part of implementation of the special project currently in process to establish new citywide STR regulations and implement Housing Element Program 5C.
Staff recommends that the City Council defer any decisions on limits for Condominium Conversions and STRs in the NC Zone to coincide with the citywide policy discussions and decisions that are forthcoming related to those respective special projects in process.
Del Mar City Council Regular Meeting October 2, 2023
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 301-19, 302-7
16. Approval of Conceptual Design for the 20th Street Lifeguard Tower Driveway Project
Recommended Action: Staff recommends that the City Council approve the conceptual design for the 20th Street Lifeguard Tower Driveway Project (Attachment A).
Reference: Clerk’s File No. 102-4, 103-6
17. Approval of Recommended Design Alternative (Phase I) and Task Order with Michael Baker International to Perform Engineering Design Services (Phase II) for the Hoska Alley Project
Recommended Action: Staff recommends the City Council: 1) Approve further design of Alternative 2 from the Phase I Hoska Alley Developmental Alternatives Analysis (Attachment A); 2) Approve a $41,100 Task Order (Attachment B) with Michael Baker International (MBI) to proceed with Phase II Final Plans, Specifications, and Estimate (PS&E) for the development of Hoska Alley; and 3) Authorize the City Manager to execute the Task Order.
Reference: Clerk’s File No. 406-1
18. Consideration of City Council Meeting Schedule Change Recommended Action: Mayor Martinez and Councilmember Worden recommend that the City Council evaluate the current meetings days, which are the 1st and 3rd Mondays of each month, as set forth in the Del Mar Municipal Code (DMMC) and discuss whether there is an interest among a majority of the Council to implement changes.
Reference: Clerk’s File No. 401-1
XIII. 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) Del Mar City Council Regular Meeting October 2, 2023
Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us 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
XIV. 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)
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
XV. 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.
Del Mar City Council Regular Meeting October 2, 2023
Agenda Page 8
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us October 16, 2023
Lease Agreement between NCTD and City of Del Mar for Parcel 299-100-3300 (San Dieguito Parking Lot)
First Amendment to Agreement with Stephen Dalton Architects for As-Needed Architectural Services Appointment to Finance Committee and Resolution to Amend the Finance Committee Charter to Reduce the Membership
Introduce Updated Accessory Dwelling Unit (ADU) Ordinance, Including Provisions for Tiny Homes Introduce Updated ADU Incentive Program Ordinance (Uncodified) Utility Undergrounding District 1B Formation
Adoption of the 2024 City Council Meeting Schedule
Resolution to Adopt ADU Amnesty Program/Policy
Utility Undergrounding Program Update
Utility Undergrounding District 1A & X1A Task Order Amendments Initial Consideration Appeal of Encroachment Permit EP 22-101 XVI. 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 28th day of September, 2023 at approximately 9:45 a.m.
___________________________________________ 9/28/2023
Sarah Krietor, Administrative Services Manager/ Date
City Clerk