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, December 4, 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 December 4, 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: November 13, 2023 Regular and Special Meeting Recommended Action: Approve Minutes.
Reference: Clerk’s Minutes Book
2. Ratification of List of Demands, dated December 4, 2023 Recommended Action: Ratify the List of Demands.
Reference: Clerk’s File No. 201-3
Del Mar City Council Regular Meeting December 4, 2023
Agenda Page 3
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. Approval of the 2024 Advisory Committee Meeting Schedule Recommended Action: Staff recommends that the City Council approve the 2024 Advisory Committee Meeting Schedule (Attachment A).
Reference: Clerk’s File No. 401-5
5. Second Reading and Adoption of an Ordinance Regulating Balloons Filled with a Gas Lighter Than Air
Recommended Action: Staff recommends that the City Council adopt an Ordinance (Attachment A) to add Chapter 11.48 to the Del Mar Municipal Code (DMMC) prohibiting the use, sale, and distribution of balloons filled with a gas lighter than air.
Reference: Clerk’s File No. 401-4, 401-9, 1403-4
6. Third Amendment to the Agreement with MSC Janitorial Services, Inc. for Janitorial Services
Recommended Action: Staff recommends that the City Council: 1) Approve the Third Amendment (Attachment A) to the City’s Janitorial Services Agreement (Agreement) with MSC Janitorial Services Inc. to amend the fee schedule; and 2) Authorize the City Manager to execute the Third Amendment.
Reference: Clerk’s File No. 406-1
IX. PUBLIC HEARING
7. Utility Undergrounding District 1A – Stratford Court South Project Pre-Bid Update, Approval of Design Review Permit DRB23-024 and Land Conservation Permit LC23-014, and Approval of Task Order Amendment for Utility Specialists Southwest, Inc.
Recommended Action: Staff recommends that the City Council:
1) Receive the Utility Undergrounding District 1A - Stratford Court South Project (UUD 1A) pre-bid update report; 2) Adopt a Resolution (Attachment A) approving Design Review Permit DRB23-024 and Land Conservation Permit LC23-014 for grading and installation of retaining walls required to locate undergrounded utility facilities in the Stratford Court City Right-of-Way and Easement adjacent to the properties at 639, 717, and 1105 Stratford Court and 215 9th Street; 3) Approve Del Mar City Council Regular Meeting December 4, 2023
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us a $71,178 Task Order Amendment (Attachment B) with Utility Specialists Southwest, Inc. for additional pre-construction services for UUD 1A; 4) Authorize the City Manager to execute the Task Order Amendment; 5) Authorize City Construction for UUDs 1A & X1A to proceed on a go-when-ready schedule.
Reference: Clerk’s File No. 1001-2
8. Re-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 revised 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) by 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
9. Introduction of an Ordinance to Amend the Accessory Dwelling Unit Incentive Program to Create Low Income Units (Housing Element Program 2A) and Preserve Existing Multi-Unit Housing (Housing Element Program 5A)
Recommended Action: Staff recommends the City Council introduce an Ordinance (Attachment A) amending the existing Accessory Dwelling Unit Incentive 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
X. CITY COUNCIL OTHER BUSINESS
10. Adoption of a City Council Policy to Implement an Accessory Dwelling Unit Amnesty Program to Create Affordable Units in Compliance with Housing Element Program 2B
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 lowincome affordable dwelling units as identified in Housing Element Program 2B.
Reference: Clerk’s File No. 303-1, 304-7
Del Mar City Council Regular Meeting December 4, 2023
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
11. Council Consideration to Censure Deputy Mayor Quirk for Failing to Provide Proper Disclosure and Transparency in Public Communications Recommended Action: Councilmembers Druker and Gaasterland request that the City Council consider adoption of a Resolution (Attachment A) censuring Deputy Mayor Dan Quirk for failing to provide proper disclosure and transparency in his public communications leading to confusion and perceived misrepresentation of City views and positions on important public topics and inappropriate use of public resources.
Reference: Clerk’s File No. 101-2, 401-1
XI. COUNCIL MEETING RECESS
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)
Del Mar City Council Regular Meeting December 4, 2023
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us 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
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.
December 18, 2023
Water Quality Monitoring Program for San Dieguito Lagoon Adoption of an Ordinance to Amend Accessory Dwelling Unit Regulations and Local Coastal Program
Adoption of an Ordinance to Amend Accessory Dwelling Unit Incentive Program Amendment to Agreement for Sales, Use and District Tax Audit and Consulting Services RFQ 2023-08 As-Needed Planning Services
Introduction of an Ordinance Amending Public Parking Zones to Include Public or Private Lots Paid Parking CDP (update on signs, removal of parking meters on Via de la Valle, new low-income beach parking pass program)
Amendment to LOSSAN Guiding Principles
Council Appointment of 2024 Mayor and Deputy Mayor
Del Mar City Council Regular Meeting December 4, 2023
Agenda Page 7
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 29th day of November, 2023 at approximately 5:40 p.m.
___________________________________________ 11/29/2023
Sarah Krietor, Administrative Services Manager/ Date
City Clerk