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 16, 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 16, 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. 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: September 29, 2023 Special Meeting, October 2, 2023 Special Meeting, October 9, 2023 Special Meeting
Recommended Action: Approve Minutes.
Reference: Clerk’s Minutes Book
2. Ratification of List of Demands, dated October 16, 2023 Recommended Action: Ratify the List of Demands.
Reference: Clerk’s File No. 201-3
Del Mar City Council Regular Meeting October 16, 2023
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1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
3. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.
Reference: Clerk’s File No. 401-4
4. Appointment to the Finance Committee and Amendment to Committee Charter Related to Membership
Recommended Action: The Council liaisons to the Finance Committee recommend that the City Council: 1) Reappoint Jeff Sturgis as a voting member to the Committee to serve a partial term of eighteen (18) months effective November 10, 2023, and ending on May 30, 2025; and 2) Adopt a Resolution (Attachment A) amending the Finance Committee Charter (Exhibit A to Attachment A) to reduce the Committee’s membership size from nine to seven members, which will be accomplished over time through attrition.
Reference: Clerk’s File No. 401-5
5. Agreement with SCI Consulting Group for Assessment Engineering Services for San Dieguito Drive Improvements
Recommended Action: Staff recommends the City Council: 1) Approve a $41,500 Agreement with SCI Consulting Group (SCI) to perform assessment engineering services for improvements to San Dieguito Drive (Attachment A); and 2) Authorize the City Manager to execute the Agreement.
Reference: Clerk’s File No. 405-3, 406-1
IX. PUBLIC HEARING
6. Continued from October 2, 2023: Introduction of an Ordinance to Amend the City’s Accessory Dwelling Unit Regulations and Certified Local Coastal Program
Recommended Action: Staff recommends the City Council introduce the proposed Ordinance (Attachment A) to repeal and replace the City’s Accessory Dwelling Unit (ADU) regulations within Del Mar Municipal Code (DMMC) Chapter
30.91 and amend related code regulations in the City’s Zoning Code and certified Local Coastal Program (LCP) via Zone Code Amendment (ZA22-001) and LCP Amendment (LCPA22-001) as required to demonstrate compliance with State law (California Government Code and California Coastal Act) and implement various housing programs in the City’s certified Housing Element, including Programs 2A (ADU Incentive Program), 2B (ADU Amnesty Program), and 2F (Tiny Homes).
Reference: Clerk’s File No. 303-1, 304-7, 401-4, 401-9
Del Mar City Council Regular Meeting October 16, 2023
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1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
7. Continued from October 2, 2023: Introduction of an Ordinance to Amend the Accessory Dwelling Unit Incentive Program to Implement Housing Element Program 2A (Incentives to Create Low Income Units) and Program 5A (Preservation of Existing Multi-Unit Housing)
Recommended Action: Staff recommends the City Council introduce an Ordinance (Attachment A) amending the existing Accessory Dwelling Unit Incentives Program to implement the certified Housing Element to create at least fifteen low-income units and preserve existing multi-unit housing throughout the City.
Reference: Clerk’s File No. 303-1, 304-7, 401-4
8. Resolution Designating Utility Undergrounding District (UUD) 1B – Stratford Court North
Recommended Action: Staff recommends the City Council: 1) Conduct a public hearing and adopt the Resolution (Attachment A) designating a certain portion of the City between 11th Street to just north of 15th Street (L’Auberge Del Mar), west of Camino Del Mar to the coast, identified as Underground Utility District (UUD) 1B (Stratford Court North) subject to California Public Utilities Commission (CPUC) Rule 20 in accordance with Del Mar Municipal Code Section 23.54.030; 2) Allocate $445,000 in funding from the Measure Q Fund for the pre-construction activities for UUD 1B (Stratford Court North); 3) Approve a $439,747 Task Order (Attachment B) with Utility Specialists Southwest, Inc. to perform pre-construction services for UUD 1B (Stratford Court North); and 4) Authorize the City Manager to execute the Task Order.
Reference: Clerk’s File No. 406-1, 1001-2
X. COUNCIL MEETING RECESS
XI. CITY COUNCIL OTHER BUSINESS
9. Initial Consideration of an Appeal of the City Manager’s Approval of Encroachment Permit EP22-101
EP Appellant: Tanya Young and Michael McManus
Appellant’s Address: 919 Klish Way (APN: 300-263-20)
Recommended Action: Staff recommends that the City Council uphold the City Manager’s approval of Encroachment Permit EP22-101 (Attachment A) and not set the appeal for a de novo hearing.
Reference: Clerk’s File No. 802-1
Del Mar City Council Regular Meeting October 16, 2023
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1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
10. Continued from October 2, 2023: Adoption of a City Council Policy to Implement Housing Element Program 2B (Accessory Dwelling Unit Amnesty Program to Create Affordable Units)
Recommended Action: Staff recommends that the City Council adopt a Resolution (Attachment A) establishing a new City Council Policy (Exhibit A to Attachment A) to implement a new amnesty program to create moderate and low-income affordable dwelling units as identified in Housing Element Program 2B.
Reference: Clerk’s File No. 303-1, 304-7
11. Undergrounding Program Update and Approval of Task Order Amendments with Utility Specialists Southwest, Inc. for Utility Undergrounding Districts 1A - Stratford Court South and X1A - Crest Canyon Pre-Construction Services
Recommended Action: Staff recommends the City Council: 1) Receive an update regarding the City’s Undergrounding Program; 2) Approve a $32,800 Task Order Amendment (Attachment A) with Utility Specialists Southwest, Inc. for additional pre-construction services for the Utility Undergrounding District 1A (Stratford Court South) Project; 3) Approve a $67,100 Task Order Amendment (Attachment B) with Utility Specialists Southwest, Inc. for additional preconstruction services for the Utility Undergrounding District X1A (Crest Canyon) Project; and 4) Authorize the City Manager to execute the Task Order Amendments.
Reference: Clerk’s File No. 406-1, 1001-2
12. Adoption of the 2024 City Council Meeting Schedule
Recommended Action: Staff recommends that the City Council adopt the Resolution (Attachment A) approving the 2024 City Council Meeting Schedule (Exhibit A to Attachment A) or provide direction to staff regarding changes to the proposed schedule.
Reference: Clerk’s File No. 401-1
13. Council Discussion Regarding Expectations for Councilmember Communications Related to Public Expression of Personal Views Recommended Action: Councilmembers Druker and Gaasterland request that the City Council: 1) Discuss the City Council’s expectations with regard to City Councilmember expression of personal views versus the City’s official position; and 2) Authorize Councilmembers Druker and Gaasterland to send a letter to the San Diego Association of Governments (SANDAG) Board confirming that the City has not taken an official position on an alignment alternative for the LOSSAN Del Mar City Council Regular Meeting October 16, 2023
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Rail Realignment Project; is not advocating for the rail to be discontinued; is not accusing SANDAG or its staff of illegal activity or fraud; and that the City Council strongly supports SANDAG’s public outreach and engagement efforts for the project.
Reference: Clerk’s File No. 401-1, 1506-1
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)
Del Mar City Council Regular Meeting October 16, 2023
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1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us 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
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.
November 13, 2023
Second Reading/Adoption of ADU Ordinance/LCPA, Including Provisions for Tiny Homes Second Reading/Adoption of ADU Incentive Program Ordinance (Uncodified) per Housing Element Program 2A
Lease Agreement Between NCTD and City of Del Mar for Parcel 299-100-3300 (Trailhead Parking Lot)
Resolution Reaffirming a Declaration of a Climate Emergency - Tentative Solana Center Regional Solid Waste Association Scope of Work for SB 1383 Support Services for the City of Del Mar
Award of Construction Contract for 2023 Water, Wastewater, Pavement, and Storm Drain Improvements Project
Introduction of Ordinance prohibiting the use, sale and distribution of balloons filled with a gas lighter than air - Tentative
EP23-073 Long-term Major Encroachment Permit for Fence and Hedges in the Right of Way at 157 6th Street (Code Enforcement Case)
Paid Parking CDP (update on signs, removal of parking meters on Via de la Valle, new low-income beach parking pass program) - Tentative
Civic Center Operations Plan Update
Del Mar Guiding Principles for Rail Realignment
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 11th day of October, 2023 at approximately 6:30 p.m.
Del Mar City Council Regular Meeting October 16, 2023
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1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us ___________________________________________ 10/11/2023
Sarah Krietor, Administrative Services Manager/ Date
City Clerk