Table of Contents
1-8-2024 Regular Meeting Agenda.pdf
Item 1 - Minutes.pdf
Item 2 - List of Demands.pdf
Item 4 - SAC Appointment and Charter Amendment.pdf
Item 5 - Ordinance Amending Parking Zones.pdf
Item 6 - Agenda Report - Acceptance of Rotary Club Donation - FINAL.pdf Item 7 - City Hall HVAC Repairs.pdf
Item 8 - Roy & Marian Foundation Grant.pdf
Item 9 - EP23-094 (919 Klish Way - Alley).pdf
Item 10 - Dog Hours at Shores Park KI.pdf
Item 11 - Comprehensive Tree Update.pdf
Item 12 - 2024 Local Appointments.pdf
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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, January 8, 2024 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.
Dave Druker
Mayor
Terry Gaasterland
Deputy Mayor
Tracy Martinez
Council Member
Dan Quirk
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 January 8, 2024
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: December 18, 2023 Regular and Special Meeting Recommended Action: Approve Minutes.
Reference: Clerk’s Minutes Book
2. Ratification of List of Demands, dated January 8, 2024 Recommended Action: Ratify the List of Demands.
Reference: Clerk’s File No. 201-3
Del Mar City Council Regular Meeting January 8, 2024
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. Appointment to the Sustainability Advisory Committee and Amendment to Committee Charter Related to Membership
Recommended Action: The Council liaisons to the Sustainability Advisory Committee (SAC) recommend that the City Council: 1) Appoint Dolores Davies Jamison as a voting member to the SAC to serve a full three-year term beginning January 8, 2024, and ending January 31, 2027; and 2) Adopt a Resolution (Attachment A) amending the SAC Charter (Exhibit A to Attachment A) to reduce the Committee’s membership size from nine to seven members.
Reference: Clerk’s File No. 401-5, 401-13
5. Adoption of an Ordinance Amending Chapters 14.16 and 14.20 of the Del Mar Municipal Code Related to Procedures and Establishment of Public and Private Property Parking Zones
Recommended Action: Staff recommends the City Council adopt an Ordinance (Attachment A) amending Chapters 14.16 and 14.20 of the Del Mar Municipal Code authorizing the establishment of public and private property parking zones, which would allow the City to expand parking zones to include public lots and private property contractually permitting the City to provide enforcement, pursuant to its authority under the California Vehicle Code.
Reference: Clerk’s File No. 401-4, 401-9, 905-3
6. Acceptance of a Donation from the Rotary Club of Del Mar to Purchase an Automatic External Defibrillator
Recommended Action: Staff recommends that the City Council: 1) Accept a donation of $2,937 from the Rotary Club of Del Mar to purchase an Automatic External Defibrillator; and 2) Amend the Fiscal Year 2023-24 Operating and Capital Budget to reflect the donation.
Reference: Clerk’s File No. 201-16
7. Task Order with Paradigm Mechanical Corporation for Heating Ventilation and Air Conditioning System Repairs at the Del Mar Civic Center Recommended Action: Staff recommends the City Council: 1) Approve a $25,250 Task Order (Attachment A) with Paradigm Mechanical Corporation (Paradigm) to perform Heating Ventilation and Air Conditioning (HVAC) system repairs at the Del Mar City Council Regular Meeting January 8, 2024
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Del Mar Civic Center; 2) Authorize the City Manager to execute the Task Order for Paradigm; and 3) 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
8. Authorization to Accept 2023 Roy & Marian Holleman Foundation Grant Funds for Del Mar Fire Health and Wellness Equipment
Recommended Action: Staff recommends that the City Council: 1) Accept $10,000 in grant funds from the Roy & Marian Holleman Foundation for the purchase of needed Del Mar Fire Station health and wellness equipment; 2) Authorize the City Manager to sign the required grant agreement (Attachment A) and other necessary documents; and 3) 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. 201-16
IX. PUBLIC HEARING
9. Encroachment Permit EP23-094: Request to permit the retention and maintenance of private vegetative, structural, and drainage-related encroachments within a portion of unimproved public right-of-way (alley) adjacent to 919 Klish Way, 1035 Klish Way, and 964 Crest Road Applicants: Tanya Young and Michael McManus
Address: 919 Klish Way, Del Mar, CA 92014
APN #: 300-263-20
Recommended Action: It is recommended that the City Council adopt a Resolution (Attachment A) denying Encroachment Permit EP23-094, based on the proposal’s noncompliance with the Del Mar Municipal Code (DMMC) and City Council Policy 110 - Private Encroachments into City Rights-of-Way.
Reference: Clerk’s File No. 802-1
10. Introduction of an Ordinance Reauthorizing Terms and Conditions for Off- Leash Dog Hours at the Del Mar Shores Park
Recommended Action: Staff recommends the City Council introduce an Ordinance (Attachment A) authorizing the terms and conditions for off-leash dog hours at the Del Mar Shores Park until such time that the Park is redeveloped.
Reference: Clerk’s File No. 307-8, 401-4, 1401-10
Del Mar City Council Regular Meeting January 8, 2024
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us X. COUNCIL MEETING RECESS
XI. CITY COUNCIL OTHER BUSINESS
11. Draft Work Plan for Updating the City’s Public Tree Policy Manual, Municipal Code Sections Related to Tree Protection, and the Trees, Scenic Views, and Sunlight Ordinance
Recommended Action: Staff recommends the City Council receive an informational presentation regarding the draft work program and direct staff as appropriate.
Reference: Clerk’s File No. 401-4, 401-9, 1403-7
12. 2024 City Council Local and Regional Appointments
Recommended Action: Staff recommends that the City Council review the current list of Del Mar City Council regional and local appointments (Attachment A) and make or reaffirm appointments for 2024 from among its members; and identify and authorize the elimination of any committees or subcommittees that are no longer deemed necessary.
Reference: Clerk’s File No. 401-1, 401-5
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) Del Mar City Council Regular Meeting January 8, 2024
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us 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)
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.
January 22, 2024
Adopt Ordinance to Continue Off-leash Dog Use/Hours at Shores Park (Second Reading) Amendment to Water Quality Testing Agreement with ALS
Interviews and Appointment to the Design Review Board (Tentative pending sufficient applications received)
Approval to Proceed with Next Steps to Establish a Section 115 Trust for Pension Purposes (Tentative)
City Council Direction on Short Term Rental Regulations Del Mar City Council Regular Meeting January 8, 2024
Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civic Center Operations Plan Update
Discussion Regarding SANDAG DMB5 Mitigation Funding Concerns and Potential Follow-Up 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 4th day of January, 2024 at approximately 2:40 p.m.
___________________________________________ 1/4/2024
Sarah Krietor, Administrative Services Manager/ Date
City Clerk
CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
DECEMBER 18, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.
CALL TO ORDER
Mayor Martinez called the Regular Meeting to order at 4:30 p.m.
ROLL CALL
Present: Mayor Tracy Martinez; Deputy Mayor Dan Quirk; Councilmembers Dave Druker, Terry Gaasterland, and Dwight Worden
CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that there were no reportable actions for the December 18, 2023, City Council Closed Session meeting. Deputy Mayor Quirk was absent for all of closed session and Councilmember Gaasterland arrived late at 3:25 p.m. She reported that for Item A2 Mayor Martinez and Deputy Mayor Quirk were recused due to living within 500 feet of the subject matter of the discussion.
PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
None.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Worden reported on the recent California Coastal Commission workshop related to housing and short-term rental regulations and work by members of the community and others to reestablish an osprey nesting location as a result of a removed San Diego Gas & Electric (SDG&E) pole.
Councilmember Druker reported on the Red Nose Run on December 9, 2023, attended by Councilmember Druker and Mayor Martinez. Deputy Mayor Quirk reported on the San Clemente LOSSAN Rail Line meeting he recently attended. Mayor Martinez reported on the San Diego Housing Emergency Alliance Homeless Persons’ Memorial event to be held at the Fairgrounds on December 21, 2023 from 3:00 p.m. to 7:00 p.m.
CITY MANAGER’S REPORT
City Manager Ashley Jones provided an update on the annual turf renovation work at City parks and public spaces, which includes the closure of Powerhouse Park for more extensive repair work through January 5, 2024; and reported on upcoming City facility holiday closures; December 6, 2023 public workshop of the Design Review Board and Planning Commission on the development of objective design standards; and opportunities to serve on the Design Review Board and various City advisory committees. 1 January 8, 2024 Item 01
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Community Services Director/Lifeguard Chief Jon Edelbrock on the upcoming annual Penguin Plunge that will take place on New Year’s Day, January 1, 2024.
PRESENTATIONS
ITEM 1: PROCLAMATION RECOGNIZING LARRY BROOKS FOR HIS VOLUNTEER SERVICE TO THE COMMUNITY OF DEL MAR (CLERK’S FILE NO. 1201-5)
Mayor Martinez read the proclamation honoring Larry Brooks.
Mayor Martinez opened the item to public comment and Suzi Resnik spoke.
Mayor Martinez closed the item to public comment.
Council discussion focused on Larry’s responsible citizenship; his work for Del Mar Community Connections; appreciation for Larry and the Del Mar Historical Society; and Larry’s prior work on the City’s Airport Advisory Committee.
CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER WORDEN TO APPROVE THE CONSENT CALENDAR ITEMS 2-6, 8-10, 12 and 13. (VOTE 5-0) Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER WORDEN TO APPROVE THE CONSENT CALENDAR ITEMS 7. (VOTE 4-1 WITH
COUNCILMEMBER GAASTERLAND OPPOSED)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker and Worden; Noes:
Councilmember Gaasterland; Absent: 0; Abstain: 0.
ITEM 2: APPROVAL OF MINUTES: DECEMBER 4, 2023 REGULAR MEETING (CLERK’S
MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED DECEMBER 18, 2023 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.
ITEM 4: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
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ITEM 5: APPROVAL FOR ADDITIONAL WATER QUALITY MONITORING FOR SAN DIEGUITO LAGOON (CLERK’S FILE NO. 1405-1)
Carol Kerridge spoke in support of the additional monitoring. Council approved additional San Dieguito Lagoon water quality monitoring as recommended by the City of Del Mar’s Lagoon Committee, on consent.
ITEM 6: SECOND READING AND ADOPTION OF AN ORDINANCE TO AMEND THE CITY’S
ACCESSORY DWELLING UNIT REGULATIONS AND CERTIFIED LOCAL COASTAL PROGRAM (CLERK’S FILE NO. 303-1, 304-7, 401-4, 401-9)
Council adopted Ordinance 1002, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, REPEALING AND REPLACING THE DEL MAR MUNICIPAL CODE CHAPTER 30.91 ACCESSORY DWELLING UNIT (ADU) REGULATIONS; AND AMENDING RELATED SECTIONS IN THE DEL MAR MUNICIPAL
CODE AND LOCAL COASTAL PROGRAM (LCP) ALL RELATING TO THE
HARMONIZATION OF ADU REGULATIONS IN THE CALIFORNIA GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22 WITH THE CALIFORNIA COASTAL ACT AND THE CITY’S CERTIFIED LCP”, 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), on consent.
ITEM 7: SECOND READING AND ADOPTION OF AN ORDINANCE TO AMEND THE
ACCESSORY DWELLING UNIT INCENTIVE PROGRAM TO CREATE LOW INCOME UNITS (HOUSING ELEMENT PROGRAM 2A) AND PRESERVE EXISTING MULTIUNIT HOUSING (HOUSING ELEMENT PROGRAM 5A) (CLERK’S FILE NO. 303-1, 304-7, 401-4)
Council adopted Ordinance 1003, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AMENDING THE EXISTING ACCESSORY
DWELLING UNIT (ADU) PILOT PROGRAM BY IDENTIFYING ADDITIONAL
INCENTIVES TO ENCOURAGE PROPERTY OWNERS TO CREATE DEED
RESTRICTED ADUS AND JUNIOR ADUS AFFORDABLE TO LOWER INCOME HOUSEHOLDS IN ACCORDANCE WITH THE 6TH CYCLE HOUSING ELEMENT PROGRAM 2A”, to create at least fifteen low-income units and preserve existing multi-unit housing throughout the City, on consent.
ITEM 8: FIRST AMENDMENT TO AGREEMENT WITH HINDERLITER DE LLAMAS AND ASSOCIATES FOR SALES, USE AND TRANSACTION TAX SERVICES (CLERK’S FILE NO. 201-10, 406-1)
Council approved the First Amendment to the Agreement between the City of Del Mar and Hinderliter de Llamas and Associates for Sales, Use and Transaction Tax Services, extending the agreement for an additional two-year period ending January 11, 2026; and authorized the City Manager to execute the First Amendment, on consent.
ITEM 9: APPROVAL OF AGREEMENTS FOR AS-NEEDED PLANNING SERVICES (CLERK’S FILE NO. 102-6, 406-1)
Council approved consulting services agreements with 4LEAF, Inc., PSOMAS, and Interwest Consulting Group to provide as-needed planning services for an initial three3 January 8, 2024 Item 01 City Council Regular Minutes
December 18, 2023
year period effective December 18, 2023, through December 18, 2026; and authorized the City Manager to execute the agreements, on consent.
ITEM 10: AGREEMENT WITH THE DEL MAR GARDEN CLUB FOR COMMUNITY GARDENS AND BEAUTIFICATION PROJECTS (CLERK’S FILE NO. 406-1)
Council approved an agreement with the Del Mar Garden Club recognizing and allowing for the installation and maintenance of community gardens and beautification projects throughout the City; and authorized the City Manager to execute the agreement, on consent.
ITEM 11: TASK ORDER APPROVAL FOR UTILITY SPECIALISTS SOUTHWEST, INC. TO
PERFORM UTILITY UNDERGROUND DISTRICT (UUD) PRE-FORMATION SERVICES FOR UUD 2 (BEACH COLONY) (CLERK’S FILE NO. 406-1, 1001-2) Mayor Martinez and Deputy Mayor Quirk were recused from this item due to living within 500 feet of the subject matter of the discussion.
Council questions and discussion focused on the 20A rule; why some areas of the City are not included in undergrounding districts; and history behind the designation of the districts.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY
COUNCILMEMBER WORDEN TO 1) APPROVE A $52,275 TASK ORDER (ATTACHMENT A) WITH UTILITY SPECIALISTS SOUTHWEST, INC. TO PERFORM
UTILITY UNDERGROUND DISTRICT (UUD) PRE-FORMATION SERVICES FOR UUD 2 (BEACH COLONY); 2) AUTHORIZE THE CITY MANAGER TO AMEND THE TASK ORDER BY UP TO $8,000 FOR EXTENDED CONSULTING SERVICES; AND 3) AUTHORIZE THE CITY MANAGER TO EXECUTE THE TASK ORDER. (VOTE 3-0-2
WITH MAYOR MARTINEZ AND DEPUTY MAYOR QUIRK RECUSED)
Ayes: Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: Mayor Martinez and Deputy Mayor Quirk (Recused); Abstain: 0.
ITEM 12: APPOINTMENT TO THE MEASURE Q CITIZEN OVERSIGHT COMMITTEE (CLERK’S FILE NO. 401-5)
Council reappointed Steven McDowell to serve on the Committee as a voting member for a second three-year term from December 4, 2023, through December 31, 2026, on consent.
ITEM 13: PARKS AND RECREATION COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5) Council reappointed Ann Feeney as a voting member to the Committee to serve a full three-year term starting January 2, 2024, and ending on January 31, 2027, on consent.
PUBLIC HEARING
ITEM 14: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTERS 14.16 AND 14.20 OF
THE DEL MAR MUNICIPAL CODE RELATED TO PROCEDURES AND
4 January 8, 2024 Item 01
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December 18, 2023
ESTABLISHMENT OF PUBLIC AND PRIVATE PROPERTY PARKING ZONES (CLERK’S FILE NO. 401-4, 401-9, 905-3)
A presentation was provided by Community Services Director/Lifeguard Chief Edelbrock.
Council questions focused on agreements with private property owners where the City provides enforcement; whether the City receives revenue sharing as part of these agreements; whether parking districts are included in this action before the City Council this evening; and number of private property parking lots with agreements with the City.
There were no public speakers for the item.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER WORDEN TO INTRODUCE AN ORDINANCE AMENDING CHAPTERS 14.16 AND 14.20 OF THE DEL MAR
MUNICIPAL CODE AUTHORIZING THE ESTABLISHMENT OF PUBLIC AND PRIVATE PROPERTY
PARKING ZONES, WHICH WOULD ALLOW THE CITY TO EXPAND PARKING ZONES TO INCLUDE
PUBLIC LOTS AND PRIVATE PROPERTY CONTRACTUALLY PERMITTING THE CITY TO PROVIDE ENFORCEMENT, PURSUANT TO ITS AUTHORITY UNDER THE CALIFORNIA VEHICLE CODE. (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
CITY COUNCIL OTHER BUSINESS
ITEM 15: UPDATE ON COASTAL DEVELOPMENT PERMIT FOR CITYWIDE PAID PARKING FACILITIES (CLERK’S FILE NO. 301-18, 905-4)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Associate Planner Adriana Jaramishian and Community Services Director/Lifeguard Chief Edelbrock.
Council questions focused on whether neighboring cities have similar paid parking programs; whether there are time limits associated with use of the passes; monitoring and reporting associated with the program; and whether the types of passes and their usage can be recorded and tracked over time.
There were no public speakers for the item.
Council discussion focused on whether the City can access the Golden Bear data base; requirement of those using the passes to follow parking regulations; and ongoing monitoring of the program.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER WORDEN TO RECEIVE AN UPDATE ON IMPLEMENTATION OF THE CITY’S COASTAL DEVELOPMENT
PERMIT FOR PAID PARKING FACILITIES AND NEW LOW-INCOME BEACH PARKING PASS
PROGRAM REQUIRED BY THE CALIFORNIA COASTAL COMMISSION (COASTAL COMMISSION) IN FEBRUARY 2023 AS A CONDITION OF PERMIT APPROVAL. (VOTE 5-0) Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
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ITEM 16: AMENDMENT TO DEL MAR GUIDING PRINCIPLES REGARDING THE LOSSAN RAIL REALIGNMENT PROJECT SPECIFIC TO THE DEL MAR FAIRGROUNDS (CLERK’S FILE NO. 1005-2)
A presentation was provided by Mayor Martinez and Councilmember Gaasterland.
There were no public speakers for the item. At the Council’s request, Administrative Services Manager Krietor read Noah Gaarder-Feingold’s Red Dot into the record.
Council discussion focused on realignment options; appreciation to Mayor Martinez and Councilmember Gaasterland for returning with the additional guiding principle; “guard rails”/protections included in the guiding principles for the Fairgrounds; Fairground rail alignment option as it relates to housing opportunities at the Fairgrounds; public comments made in red dot communications; and City’s goal to prioritizing affordable housing at the Fairgrounds.
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER
GAASTERLAND TO AMEND THE DEL MAR GUIDING PRINCIPLES REGARDING THE LOSSAN
RAIL REALIGNMENT PROJECT TO INCLUDE A GUIDING PRINCIPLE SPECIFIC TO THE DEL MAR FAIRGROUNDS. (VOTE 4-1 WITH DEPUTY MAYOR QUIRK OPPOSED) Ayes: Mayor Martinez, and Councilmembers Druker, Gaasterland and Worden; Noes: Deputy Mayor Quirk; Absent: 0; Abstain: 0.
ITEM 17: RESOLUTION OF APPRECIATION FOR TRACY MARTINEZ (CLERK’S FILE NO.
BOOK OF RESOLUTIONS)
An introduction to the item was provided by City Manager Jones. Councilmember Gaasterland read the resolution. Mayor Martinez provided comments.
There were no public speakers for the item.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER GAASTERLAND TO ADOPT RESOLUTION 2023-50, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DEL MAR, CALIFORNIA, EXPRESSING APPRECIATION FOR OUTGOING MAYOR TRACY MARTINEZ” (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
ITEM 18: SELECTION OF THE 2024 MAYOR AND DEPUTY MAYOR (CLERK’S FILE NO. 401-1) An introduction to the item was provided by City Manager Jones. A presentation was provided by Administrative Services Manager Krietor. Deputy Mayor Quirk explained why he does not wish to serve as Mayor.
There were no public speakers for the item.
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER DRUKER TO APPOINT DAVE DRUKER AS MAYOR AND TERRY GAASTERLAND AS DEPUTY MAYOR. (VOTE 4-0-1 WITH DEPUTY MAYOR QUIRK ABSTAINED)
6 January 8, 2024 Item 01
City Council Regular Minutes
December 18, 2023
Ayes: Mayor Martinez and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: Deputy Mayor Quirk.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the Clean Energy Alliance (CEA); North County Transit District; San Diego Association of Governments (SANDAG) Borders Committee; SANDAG Audit Committee; Arts Advisory Committee; Del Mar Railroad Subcommittee; Undergrounding Project Advisory Committee; Del Mar Village Association; Housing Subcommittee; Legislative Subcommittee; SANDAG Shoreline Preservation Working Group; Oceanside Coastal Resilience Competition; Sustainability Advisory Committee; Lagoon Committee; CEA Community Advisory Committee; California League of CitiesCoastal Cities; METRO Sewer JPA; San Dieguito Riverpath JPA; Del Mar Community Connections; Parks and Recreation Committee; San Diego County Water Authority Board; 22nd Agricultural District Community Relations Committee; CSA-17 Advisory Board; Del Mar Plaza; and SDG&E Mayor’s Meeting.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 7:03 p.m.
__
Sarah Krietor, Administrative Services Manager/
City Clerk
7 January 8, 2024 Item 01
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
CLOSED SESSION
DECEMBER 18, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
CALL TO ORDER
Mayor Martinez called the meeting to order at 2:45 P.M.
ROLL CALL
Present: Mayor Tracy Martinez; Councilmembers Dave Druker, Terry Gaasterland (arrived at 3:25 P.M. and Dwight Worden
Absent: Deputy Mayor Dan Quirk
CLOSED SESSION
A. Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: Two
Description: 1) Implementation of Accessory Dwelling Unit (ADU) ordinance; and 2) Potential exposure related to Councilmember communication Authority: Government Code Section 54956.9(d)(2)
Reportable Action: None. Mayor Martinez and Deputy Mayor Dan Quirk were recused from Item A2 due to living within 500 feet of the subject matter of the discussion.
B. Conference with Legal Counsel – Existing Litigation
City of Redondo Beach, City of Del Mar, et al v. State of California Superior Court of the State of California – County of Los Angeles Central District Case No. 22STCP01143
Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 4:25 P.M.
_____
Sarah Krietor, Administrative Services Manager/
City Clerk
8 January 8, 2024 Item 01
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Councilmembers Tracy Martinez and Dwight Worden
Prepared by Sarah Krietor, Administrative Services Manager DATE: January 8, 2024
SUBJECT: Appointment to the Sustainability Advisory Committee and Amendment to Committee Charter Related to Membership
REQUESTED ACTION/RECOMMENDATION:
The Council liaisons to the Sustainability Advisory Committee (SAC) recommend that the City Council: 1) Appoint Dolores Davies Jamison as a voting member to the SAC to serve a full three-year term beginning January 8, 2024, and ending January 31, 2027; and 2) Adopt a Resolution (Attachment A) amending the SAC Charter (Exhibit A to Attachment A) to reduce the Committee’s membership size from nine to seven members.
DISCUSSION/ANALYSIS:
The Sustainability Advisory Committee (SAC) advises the Del Mar City Council on climate change, sustainability, and other environmental issues on which the Council may wish to act.
The Committee also takes the lead advising the Council on how and when to update the City’s Climate Action Plan (CAP), which was developed by SAC in June 2016, and assists in informing Del Mar residents and businesses about implementing the City’s CAP and on environmental and climate action issues. The SAC will monitor the activities of the Clean Energy Alliance (CEA) and provide recommendations to the City Council.
Currently, the SAC membership is comprised of nine (9) total members. There are currently three (3) voting member vacancies on the committee due to the recent term expirations of Ann Feeney and Bertha Leone and the resignation of Daria Flores.
Appointment to SAC
Staff advertised the opportunity to serve on SAC and an application was received from Dolores Davies Jamison. The Council liaisons have reviewed the Citizen Interest Form (Attachment B) and recommend the City Council appoint Dolores Davies Jamison to serve as a voting member of SAC for a full three-year term beginning January 8, 2024, and expiring January 31, 2027.
Sustainability Committee Charter Amendment
According to Section E.6 of Policy 200 (Attachment C), a committee’s membership size can be reduced at the recommendation of the committee’s Council liaisons and by approval of 1 January 8, 2024 Item 04
City Council Agenda Report
SAC Appointment and Charter Amendment
January 8, 2024
the City Council. As such, the Council liaisons to SAC recommend that the City Council adopt a Resolution reducing the Committee’s membership size from nine (9) total members including seven (7) voting members and two (2) ex-officio, non-voting members to seven (7) total members, including five (5) voting members and two (2) non-voting ex-officio members.
Reducing the Committee’s membership size will result in a more optimal committee size for providing input to staff and the City Council, scheduling, and preparing for meetings and will not impact any existing members as the seats proposed for elimination are vacant. This recommended action is consistent with the Council’s recent actions to reduce the membership size of the Lagoon and Finance Committees to seven members.
As currently written, the SAC charter allows for one voting member to be a non-resident of Del Mar. Due to the nature of the Committee and given that ex-officio members may serve as non-resident experts, the Council liaisons recommend that the Committee charter be amended to require that all voting members of SAC be Del Mar residents.
Staff is also recommending an administrative edit to the Committee Charter to specify that terms expire on the last day of the month, which is consistent with Section E.3 of City Council Policy 200 and language in other City Council advisory committee charters. A redlined version of the Committee Charter reflecting the recommended changes is included with this agenda report as Attachment D.
If the recommended appointment and revisions to the Committee Charter are approved by the City Council, the Committee will have a full roster of seven (7) total members, including five (5) voting members and two (2) ex-officio members. A copy of the current SAC roster is included with this agenda report as Attachment E.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the City Council related to this agenda item.
ENVIRONMENTAL IMPACT:
The action being considered is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and is not related to the City Council’s Goals and Priorities.
ATTACHMENTS:
Attachment A – Resolution Amending SAC Charter
Exhibit A to Attachment A – Revised SAC Charter (Clean) Attachment B – Citizen Interest Form
Attachment C –Policy 200 – City Council Advisory Committees, Boards and Commissions Attachment D – Redlined, Amended SAC Charter
Attachment E – Current SAC Roster
2 January 8, 2024 Item 04
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING AND RESTATING THE
SUSTAINABILITY ADVISORY COMMITTEE CHARTER TO
REDUCE MEMBERSHIP SIZE FROM NINE TO SEVEN
MEMBERS
WHEREAS, the City of Del Mar Sustainability Advisory Committee (Committee) was established in 2011 and has since served as an advisory committee to the City Council and provided recommendations on City environmental efforts; and WHEREAS, on January 10, 2022, the City Council adopted Resolution No. 2022- 06 to repeal Resolutions No. 2011-10; 2013-26; 2014-26; and 2018-76, and to amend and restate the Sustainability Advisory Committee Charter; and WHEREAS, the Committee Charter currently requires that the Committee consist of nine (9) members, including seven (7) voting members and two (2) ex-officio non-voting members; and
WHEREAS, the City Council desires to amend and restate the Committee Charter to reduce the Committee membership size through from nine (9) members to seven (7) members, to include five (5) voting members and two ex-officio non-voting members and to require that all voting members be residents of Del Mar.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that the Sustainability Advisory Committee Charter is hereby amended and restated as shown in Exhibit A to this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held this 8th day of January 2024. ___________________________
Dave Druker, Mayor
City of Del Mar
APPROVED AS TO FORM:
__________________________
Leslie E. Devaney, City Attorney
City of Del Mar
3 January 8, 2024 Item 04
Resolution No. 2023-XX
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2024-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 8th January, 2024, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
_________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
4 January 8, 2024 Item 04
SUSTAINABILITY ADVISORY COMMITTEE CHARTER
Mission & Work Program:
The Sustainability Advisory Committee (SAC) advises the Del Mar City Council on climate change, sustainability, and other environmental issues on which the Council may wish to act.
The Committee also takes the lead in advising the Council on how and when to update the City’s Climate Action Plan (CAP), which was developed by SAC in June 2016, and assists in informing Del Mar residents and businesses about implementing the City’s CAP and on environmental and climate action issues. The SAC will monitor the activities of the Clean Energy Alliance (CEA) and provide recommendations to the City Council.
Membership:
The committee shall consist of seven (7) total members, five (5) voting members and two (2) ex-officio, non-voting members. Voting members must be residents of Del Mar. Ex-officio, non-voting members may be residents of Del Mar or non-residents and shall be appointed based on their professional experience with environmental and sustainability issues.
Membership Term:
Committee members serve three (3) year, staggered terms expiring the last day of the month.
Meeting Requirements:
The Committee meets quarterly, or as may be needed, as approved by the City Council and in full compliance with the California Open Meeting Laws (Brown Act).
Conflict of Interest Filing:
Members of the Sustainability Advisory Committee are not required to file Conflict of Interest Filings due to the advisory nature of the committee.
Status:
The Sustainability Advisory Committee is a standing committee. 5 January 8, 2024 Item 04
CITIZEN INTEREST FORM
1050 Camino Del Mar, Del Mar California 92014 | (858) 755-9313 | https://www.delmar.ca.us/ Form Approved 12/7/21; Revised 6/14/2023
Thank you for your interest in serving the Del Mar Community. Please use this Citizen Interest Form to apply to serve on a City of Del Mar advisory committee, Planning Commission, or Design Review Board. The City of Del Mar greatly values the many talented citizens who volunteer to serve in city government. We encourage you to get involved. Please indicate whether you are seeking to serve on the Del Mar Planning Commission, Design Review Board, or one or more of the City’s many advisory committees, and please note your order of preference indicating 1
st
, 2
nd choice, etc.
Before making your selection, we encourage you to spend some time learning about what each entity does, what its mission is, and what your role would be if you were appointed. Please note that in addition to the general questions below to be answered by all applicants, there are also specific questions tailored to service on the Planning Commission, Design Review Board, or an advisory committee to be answered as well.
Before applying, you are encouraged to attend or watch a committee meeting and review recent committee agendas and meeting minutes. If appointed, you will be expected to attend the meetings, which typically last about 2 hours in length, or more depending on the agenda, and require about 1 hour of preparation time for each meeting. Please note that in accordance with City Council Policy 200, committee members must not miss more than three meetings in a given calendar year. Committee meeting times vary, so please review the website calendar to make sure the meeting times for the committee you are applying for work for your schedule: Public Meeting Calendar.
You can also view current committee webpages, charters, and member rosters to get more information about each committee. In accordance will Council Policy 200- City Council Advisory Committees, Boards and Commissions members of the public may serve on two boards, committees or commissions concurrently except in special circumstances as determined by the Council. Additionally, the number of consecutive terms that an individual may serve on a committee is two unless the City Council makes an exception if they feel it is to the benefit of the committee to re-appoint an individual to a third term. Please note that ex-officio members are non-voting and may be non-residents.
Form Submittal: Citizen Interest Forms must be submitted by the published deadline. Forms can be submitted in-person or by mail at: Del Mar City Hall, 1050 Camino del Mar, Del Mar 92014; or via email: [email protected].
IMPORTANT: Save the form on your computer prior to filling it out. Do not fill out the form in the Internet browser.
6 January 8, 2024 Item 04
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Davies Jamison Dolores
Last Name First Name Middle Initial
Del Mar, CA
Home Street Address* City, State
Business Street Address (if applicable) City, State
Home Phone Number Business Phone Number E-mail Address
II.
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1
st
, 2
nd choice, etc.):
___ Design Review Board ___ Planning Commission
Arts Advisory Committee Parks and Recreation Committee
Finance Committee Traffic and Parking Advisory Committee Measure Q Citizen Oversight Committee Lagoon Committee
Other(s) (please indicate):______________ X Sustainability Advisory Committee Qualifications for appointment and/or reasons for application (attach additional pages as needed):
7 January 8, 2024 Item 04
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law I have served previously on SAC, and am also currently serving as one of Del Mar’s representatives on the Clean Energy Alliance Community Advisory Committee. I feel passionately about our need to transition to clean energy and am familiar with the City’s CAP and SAC’s mission, and the programs we need to implement. I also have a great deal of experience in communications and community engagement, skills that I believe are very desirable given SAC’s scope of work and community focus.
Education:
B.A. in Political Science, UCLA
Relevant Experience (job or volunteer etc.):
Since retiring from UCSD in 2017, I have worked as a freelance writer, editor, and strategic communications consultant. I have also volunteered my skills to assist several environmental nonprofits. Over my 25+ career at UCSD, I held a number of leadership positions in University Communications, including acting assistant vice chancellor, executive director, and director of communications. In these roles, I wrote speeches for campus leaders, directed and handled media relations, developed communication strategies for academic and campus programs and events, advised campus leaders on critical issues, wrote and edited magazine articles, news stories, and messaging, and managed professional and support staff. While at UCSD, I also provided communications guidance and support for the university’s initial Environmental Sustainability Institute.
Name all of the Del Mar Committees/Boards/Commissions that you now serve on:
Clean Energy Alliance Community Advisory Committee
8 January 8, 2024 Item 04
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:
Optional: Please list three Del Mar residents who can provide a reference**:
NAME STREET NAME (no house
number)
Phone Number
Gale Darling
Sandra Dijkstra
Ann Feeney
**Due to Brown Act limitations that restrict communications between Councilmembers regarding upcoming actions of the City Council, please do not include a current sitting Councilmember as a reference for your appointment.
Residency
Month Year
I have been a resident of California since: October 1956 I have been a resident of San Diego County since: March 1959 I have been a resident of Del Mar since: February 1989
Are you a full-time or part-time resident of Del Mar? X Full-time ☐ Part-time
Is Del Mar your primary place of residence? X Yes ☐ No
Are you a register voter in Del Mar? X Yes ☐ No
Sustainability Advisory Committee
Urban Forest Management Committee
9 January 8, 2024 Item 04
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law III. COMMITTEE SPECIFIC QUESTIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.
1. Arts Advisory Committee
Membership on the Arts Advisory Committee is set by category. Which membership category do you best fit in? Select all that apply. (Note that City staff, consultants, and vendors are precluded from serving on the Arts Advisory Committee.)
☐ Resident with an art background
☐ Resident without an art background
☐ Business Owner- Art related business
☐ Del Mar Foundation Representative
☐ Del Mar Village Association Representative
☐ Ex-Officio (non-voting) – with Art related expertise
☐ Other (please explain): _________________________________________________ Describe your experience and skills as they relate to the world of community art and fine art.
Why in your opinion is public art valuable to the Del Mar community? What is your public art philosophy?
2. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.
Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.
What aspects of the City’s finances most interest you and why? 10 January 8, 2024 Item 04
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
3. Measure Q Citizen Oversight Committee
Membership on the Measure Q Citizen Oversight Committee is set by category. To avoid conflicts of interest, members of the Measure Q Citizen Oversight Committee cannot concurrently serve on the Undergrounding Project Advisory Committee. Which membership category do you best fit in? (Select all that apply)
☐ Current (or within past 5 years) Finance Committee Member ☐ Business Community Member
☐ At-large Resident Member
☐ Other (please explain): ____________________________________________________
4. Traffic and Parking Advisory Committee
Which membership category do you best fit in? (Select all that apply) ☐ Business representative (can be a non-resident)
☐ Resident
☐ Other (please explain): ____________________________________________________ What part of town do you live in? Geographic diversity is desirable and will be taken into account.
Check the neighborhood map to verify your neighborhood. ☐ North Bluff
☐ North Beach
☐ South Beach
☐ Village Center
☐ South Bluff
☐ South Hills
☐ North Hills
☐ Valley
Do you have any special expertise or experience related to traffic and parking? If yes, please explain:
5. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.
Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.
11 January 8, 2024 Item 04
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law What aspects of the City’s parks and recreation most interest you and why?
6. Lagoon Committee
The Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.
What aspect(s) of being on the Lagoon Committee most interest you and why?
7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.
What aspects of being on the Shores Advisory Committee most interest you and why? Please describe your vision for the future of Shores Park.
8. Sustainability Advisory Committee
The Sustainability Advisory Committee members are community leaders on environmental issues.
In what ways would you like to contribute to a more sustainable world either in your personal life or on a broader community level?
Please describe any outreach or public education efforts you have participated in related to environmental issues or in other areas. Do you have skills or experience in outreach that you could bring to the Sustainability Advisory Committee?
9. Undergrounding Project Advisory Committee
Please see information I submitted on qualifications and relevant experience.
Please see information I submitted on qualifications and relevant experience. 12 January 8, 2024 Item 04
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law The Undergrounding Project Advisory Committee is seeking applicants with an interest in the citywide undergrounding project. To avoid conflicts of interest, members of the Undergrounding Project Advisory Committee cannot concurrently serve on the Measure Q Citizen Oversight Committee.
Geographic diversity is desirable and will be taken into account. What part of town do you live in? Check the neighborhood map to verify your neighborhood.
☐ North Bluff ☐ North Beach
☐ South Beach ☐ Village Center
☐ South Bluff ☐ South Hills
☐ North Hills ☐ Valley
Is your utility service undergrounded? What involvement did you have, if any? What aspects of being on the Utility Undergrounding Advisory Committee most interest you? Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? IV. SIGNATURE AND ACKNOWLEDGEMENT
Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.
Additionally, the Del Mar Conflict of Interest Code requires that members of the Design Review Board, Planning Commission, and Finance Committee file Conflict of Interest Statements with the Administrative Services Department in conformance with the Fair Political Practices Commission and the City’s Conflict of Interest Code. Other advisory committee members are not required to file Conflict of Interest Statements.
By signing below, you are acknowledging that you have reviewed the Committee webpage for which you are applying and that you understand the conflict of interest filing requirement, if applicable. Part of your service may include ethics and anti-harassment training upon appointment and bi-annually. Visit the City’s Conflict of Interest Code webpage to learn more about the requirement.
By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and correct to the best of your knowledge.
No
13 January 8, 2024 Item 04
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law _____________________________ July 12, 2023
Signature Date
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.
14 January 8, 2024 Item 04
CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
200
CITY COUNCIL ADVISORY
COMMITTEES, BOARDS AND
COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 1 OF 6
POLICY:
A. Vacancies
It is the City Council policy to advertise vacancies of the City Council advisory committees, Design Review Board, and Planning Commission on the City website for a minimum of 10 calendar days, and at least once in the Del Mar Weekly and/or through CivicSend eblast.
Upcoming vacancies may also be announced by the City Manager or Council Members at City Council meetings. The deadline for interested citizens to file a Citizen Interest Form (application) is by the close of business (4:30 p.m.) on a Friday.
B. Council Appointments to City Council Advisory Committees
1. It shall be the policy of the City Council to direct its liaisons to each Council advisory committee to make recommendations to the full Council regarding appointments to City Council advisory committees.
2. If by the application deadline, the number of applications received by the City for such committees is equal to the number of vacancies, or less than the number of vacancies when recruiting for multiple vacancies, the Council liaisons to the specific committee shall determine whether to extend the deadline or review the Citizen Interest Form(s) and/or interview the applicant(s), and make a recommendation to Council that the applicant(s) be appointed to serve on the committee.
3. If by the application deadline, the number of applications received by the City for such committees is more than the number of vacancies, then the Council liaisons to the specific committee shall review the Citizen Interest Forms and/or interview the applicant(s). Council liaisons shall then make a recommendation to Council as to which applicant(s) should be appointed to serve on the committee. If the Council liaisons determine the applicants are not qualified or do not meet the needs of the committee, the application period may be reopened by the Council liaisons in order to solicit additional interest.
4. If the Council liaisons to a committee cannot agree on a recommendation for appointment(s), they shall direct staff to prepare an agenda report for the next available City Council meeting where the City Council will vote on the appointment without discussion. Three affirmative votes are needed in order for the City Council to make an appointment. If an applicant does not receive the necessary votes, the Council may re-vote or may direct staff to reopen the vacancy to solicit additional interest. 15 January 8, 2024 Item 04
CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
200
CITY COUNCIL ADVISORY
COMMITTEES, BOARDS AND
COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 2 OF 6
5. Applicants nominated to serve on a Council advisory committee are encouraged, but not required, to attend the City Council meeting when the City Council is scheduled to consider their appointment to serve on the Committee.
6. In the event that there is only one Council liaison to an advisory committee, the Mayor will act as the second Council liaison for the purposes of reviewing Citizen Interest Forms to recommend to the City Council for appointment.
7. Prior to the City Council meeting where the Council will vote on an appointment, any Council member can request an un-redacted copy of all qualified Citizen Interest Forms in order to review applicant information and contact interested applicant(s) prior to the meeting if so desired.
8. In accordance with Del Mar Municipal Code Chapter 2.30 “Commissions, Boards and Committees: General Provisions”, it shall be the City Council’s policy to select for appointment the candidates who received three affirmative votes by the City Council. In the case where a candidate does not receive three affirmative votes, the Council may revote or direct the City Clerk to re-advertise the vacancy.
9. When there are open vacancies for City Council advisory committees, other than Planning Commission or Design Review Board, the City Clerk will bring forward to the CityCouncil the names of the candidates, the number of vacancies, and the liaison recommendation(s).
The City Council will then vote on the recommendation to fill the vacancies. When the Council liaisons to a committee agree on a recommendation for appointment, the item will be included on the consent calendar. When the Council liaisons to a committee do not agree on the recommendation for appointment, the item will be brought forward as a Council Business item as described in Section B(4) of this policy.
10. If the spouse or significant other of a City Council member is an applicant to fill a vacancy on an advisory committee, the City Council member must recuse themselves from voting on that appointment.
C. Council Appointments to the Design Review Board and Planning Commission
1. The City Council shall make appointments to the Planning Commission and Design Review Board in accordance with the membership requirements of Chapter 2.34 “Planning Commission” and 2.38 “Design Review Board” of the Del Mar Municipal Code, respectively.
16 January 8, 2024 Item 04
CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
200
CITY COUNCIL ADVISORY
COMMITTEES, BOARDS AND
COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 3 OF 6
2. It shall be the policy of the City Council to hold interviews for appointments to the Planning Commission and Design Review Board only when applications received for such commission or board exceed the number of vacancies.
3. Interviews shall be public and televised as part of the City Council meeting.
4. If, by the application deadline, the number of applications received by the City for such board or commission equals or is less than the number of vacancies, then there shall be an automatic extension of time to accept applications.
5. Prior to the City Council meeting where the Council will vote on an appointment, an un-redacted copy of all qualified Citizen Interest Forms will be provided to the full City Council in order to allow the full Council to review applicant information and contact interested applicant(s) prior to the meeting if so desired.
6. In accordance with Del Mar Municipal Code Chapter 2.30 “Commissions, Boards and Committees: General Provisions”, it shall be the City Council’s policy to select for appointment the candidates who received three affirmative votes by the City Council. In the case where a candidate does not receive three affirmative votes, the Council may re-vote or direct the City Clerk to re-advertise the vacancy.
7. When there are advertised vacancies for Planning Commission or Design Review Board, the City Clerk will bring forward to the City Council the names of the candidates and the number of vacancies. After interviewing candidates in a public forum, the City Council will vote on the candidates to fill the vacancies. The City Clerk will read aloud the vote of each Council member.
8. Because of conflicts of interest which might exist, or which might give the appearance to the public of existing, and in order to preserve public confidence in the City’s vital planning processes and avoid questions of fairness and bias, prejudice or influence, the immediate family member of a City Council member, Design Review Board Member or Planning Commissioner may not serve or be appointed to serve simultaneously on the Design Review Board or Planning Commission. For purposes of this policy, immediate family member is defined as an individual’s parent, child, spouse, significant other, or sibling.
9. In accordance with Section C(8) of this policy, should an immediate family member of a Design Review Board Member or Planning Commissioner be elected to serve on the City Council, said Board Member or Commissioner shall be required to resign from their position no later than the day prior to the day the City Council member’s term of office commences.
17 January 8, 2024 Item 04
CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
200
CITY COUNCIL ADVISORY
COMMITTEES, BOARDS AND
COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 4 OF 6
D. City Advisory Committee Membership Categories
1. Subject to the membership limits set forth in Section E(6) of this policy, the City Council may designate seat(s) for ex-officio members in a committee’s charter. Exofficio members are non-voting subject matter experts who may be residents or nonresidents.
2. Subject to the membership limits set forth in Section E(6) of this policy, the City Council may designate membership categories for business representatives in a committee’s charter. Business representatives are business owners or operators whose business has a physical entity within the City of Del Mar and who have a current City of Del Mar business license.
E. Concurrent Committee Assignments, Term Limits and Length, Membership Size and Rotation of Chair and Vice Chair
1. It shall be the policy of the City Council to limit the number of concurrent appointments that any one individual has to City Council advisory committees, Design Review Board, and Planning Commission. The limit of concurrent appointments shall be two. If an individual has two concurrent appointments, they will not be eligible to serve on ad hoc committees, except in special circumstances as determined by the Council or Council liaisons.
2. The number of consecutive terms an individual may serve on a committee is two, as further described in Section E(5) below. However, the City Council has the flexibility to make an exception if they feel it is to the benefit of the committee to re-appoint an individual for a third term. Committee members who would like to continue to serve another term once their appointed term has expired must re-apply by filing a Citizen Interest Form prior to the advertised deadline for applications. Former committee members must wait one year from the expiration of their second consecutive term before being appointed to the same committee.
3. The term length for all City Council advisory committees shall be three years. Terms will expire on the last day of the month.
4. The term length for voting members of the Planning Commission and Design Review Board shall be four years, in accordance with Del Mar Municipal Code Sections
2.34.020 and 2.38.020, respectively. The term length for ex-officio members on the Design Review Board shall be two years, in accordance with Del Mar Municipal Code Section 2.38.020.
18 January 8, 2024 Item 04
CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
200
CITY COUNCIL ADVISORY
COMMITTEES, BOARDS AND
COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 5 OF 6
5. In order to ensure that terms remain appropriately staggered, individuals appointed to fill an unexpired vacancy shall finish the remainder of the term of the vacating committee member. If the balance of the vacant term is less than six (6) months, it shall not count as a term towards the two-consecutive-term limit.
6. All City advisory committees have a maximum committee membership of seven (7) to nine (9) total members, including ex-officio members, at the recommendation of the committee’s Council liaisons and approval of the full City Council. If a committee membership size is to be reduced via attrition, attrition shall not affect members who complete their first term and are eligible and wiling to serve a second term. However, such members must be recommended for reappointment by the committee’s Council liaisons, and their reappointment shall be confirmed by the full Council at a Council meeting.
7. It shall be the policy of the City Council that the members of each advisory committee appoint a chair, vice chair and secretary at the last meeting of the calendar year, with the new chair serving at the first meeting of the new year, and that the these positions rotate annually among all the committee members. It is recommended that the vice chair assist with committee responsibilities and provide for a succession plan for chairing the committee. In the event a committee does not have volunteers to serve as chair and vice chair, then the committee has the flexibility to allow consecutive appointmentsto the chair/vice chair or secretary positions, i.e. rotation of such positions among the members is not required if there are no volunteers to serve in those positions.
At the discretion of the committee, the vice chair and secretary positions may be filled by the same committee member.
8. It shall be the policy of the City Council that the members of the Design Review Board and Planning Commission appoint a chair and vice chair at the last meeting of the calendar year, with the new chair serving at the first meeting of the new year, and that the these positions should rotate annually among all the members. The functions of a secretary for the Design Review Board and Planning Commission, such as preparing minutes, will be managed by City staff.
F. Incumbents to Serve Until New Appointments Confirmed It shall be the policy of the City Council to allow an incumbent on a City Council advisory committee, Design Review Board, or Planning Commission, whose term has expired to continue to officially serve until the vacancy is filled or three months has passed, whichever occurs sooner.
19 January 8, 2024 Item 04
CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
200
CITY COUNCIL ADVISORY
COMMITTEES, BOARDS AND
COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 6 OF 6
G. Attendance Policy for Boards, Commissions, and Committees In accordance with Del Mar Municipal Code Chapter 2.30, if a member of a City advisory committee, Design Review Board, or Planning Commission is absent from three regular, adjourned, or special meetings within a 12-month period without cause, the term of said member is automatically vacated. Council liaisons to the commission, board, or committee shall determine whether the absence was for cause. If an advisory committee, which does not include the Design Review Board or Planning Commission, does not have two Council liaisons, then the Mayor and the Deputy Mayor shall act as liaisons to that commission, board, or committee for this purpose. If the liaisons do not agree about whether the absences were without cause so as to warrant removal, the item will be presented to the full City Council to make the determination.
H. Formation and Dissolution of Boards, Commissions, and Committees
1. New committees must be formed by Resolution of the City Council and must include a committee charter detailing, the committee mission/purpose, type of committee (standing or ad-hoc), membership requirements, conflict of interest requirements, and open meeting requirements.
2. If the newly formed committee is an ad-hoc committee, the Resolution and charter should include a sunset date. The sunset date can be extended by Council action, if necessary.
3. Committees may be dissolved by Resolution of the City Council at any time or during the annual review of the City Council Local Appointments. Ad hoc committees shall automatically be dissolved on their sunset date unless extended in advance by the City Council.
I. City Council Review of City Board, Commission, and Committee System At least every four (4) years the City Council shall establish a subcommittee or alternative process to review the City’s boards, commission and committee system to provide recommendations to improve committee efficiencies to the City Council. However, the City Council may, in its discretion, elect to review the City’s boards, commission and committee system outside of the four (4) year review as it deems necessary. 20 January 8, 2024 Item 04
SUSTAINABILITY ADVISORY COMMITTEE CHARTER
Mission & Work Program:
The Sustainability Advisory Committee (SAC) advises the Del Mar City Council on climate change, sustainability, and other environmental issues on which the Council may wish to act.
The Committee also takes the lead in advising the Council on how and when to update the City’s Climate Action Plan (CAP), which was developed by SAC in June 2016, and assists in informing Del Mar residents and businesses about implementing the City’s CAP and on environmental and climate action issues. The SAC will monitor the activities of the Clean Energy Alliance (CEA) and provide recommendations to the City Council.
Membership:
The committee shall consist of nine (9)seven (7) total members, seven (7five (5) voting members and two (2) ex-officio, non-voting members. Voting members must be residents of Del Mar. Of the voting members a minimum of six (6) shall be residents of Del Mar and one (1) may be a non-resident of Del Mar. Ex-officio, non-voting members may be residents of Del Mar or non-residents and shall be appointed based on their professional experience with environmental and sustainability issues.
Membership Term:
Committee members serve three (3) year, staggered terms expiring the last day of the month.
Meeting Requirements:
The Committee meets quarterly, or as may be needed, as approved by the City Council and in full compliance with the California Open Meeting Laws (Brown Act).
Conflict of Interest Filing:
Members of the Sustainability Advisory Committee are not required to file Conflict of Interest Filings due to the advisory nature of the committee.
Status:
The Sustainability Advisory Committee is a standing committee. 21 January 8, 2024 Item 04
City of Del Mar
Sustainability Advisory Committee
Appointing Authority City Council
Position Ex-Officio
Category Ex-Officio, Non-Voting Member
Ken Olson
1st Term Dec 12, 2022 - Mar 31, 2025
Position Voting Member
Valerie Dufort-roy
1st Term Mar 21, 2022 - Mar 31, 2025
Position Ex-Officio
Office/Role Co-Chair
Category Ex-Officio, Non-Voting Member
Jeanne Nilmini Silva-send
2nd Term May 01, 2022 - May 31, 2025
Appointing Authority City Council
Position Voting Member
Office/Role Vice Chair
Alan Sweedler
2nd Term Jul 04, 2022 - Jul 31, 2025
Appointing Authority City Council
Position Voting Member
Office/Role Secretary
Jennifer L Anderson
1st Term Sep 19, 2022 - Jul 31, 2025
Board Roster
Sustainability Advisory Committee Page 1 of 2
22 January 8, 2024 Item 04
Appointing Authority City Council
Position Voting Member
Office/Role Co-Chair
Silvia De Dea
2nd Term Feb 02, 2023 - Feb 28, 2026
Appointing Authority City Council
Position Voting Member
Vacancy
Appointing Authority City Council
Vacancy
Vacancy
Sustainability Advisory Committee Page 2 of 2
23 January 8, 2024 Item 04
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Jonathan Edelbrock, Community Services Director and Chief Lifeguard Via Ashley Jones, City Manager
DATE: January 8, 2024
SUBJECT: Adoption of an Ordinance Amending Chapters 14.16 and 14.20 of the Del Mar Municipal Code Related to Procedures and Establishment of Public and Private Property Parking Zones
REQUESTED ACTIONS:
Staff recommends the City Council adopt an Ordinance (Attachment A) amending Chapters
14.16 and 14.20 of the Del Mar Municipal Code authorizing the establishment of public and private property parking zones, which would allow the City to expand parking zones to include public lots and private property contractually permitting the City to provide enforcement, pursuant to its authority under the California Vehicle Code.
DISCUSSION/ANALYSIS:
On December 18, 2023, the City Council conducted a public hearing and voted unanimously to introduce an Ordinance (Attachment A) amending Chapters 14.16 and 14.20 of the Del Mar Municipal Code (DMMC). Chapter 14.16 establishes restrictions against vehicles stopping, standing, and parking; whereas Chapter 14.20 establishes regulations related to parking meters in the City of Del Mar. The Ordinance amendments provide more specific and clear language establishing public or private parking areas within the City’s jurisdiction to enable enforcement of the parking restrictions set forth in both DMMC chapters.
Authority is granted under the California Vehicle Code (CVC) Section 22508 that authorizes the City, by resolution, to establish designated parking areas and regulations to prohibit or restrict the parking or standing of vehicles. Proposed amendments to DMMC Chapter 14.16 in the Ordinance expand the City’s jurisdiction beyond “streets and highways” to include “public or private property whereby the City of Del Mar having jurisdiction by its police powers, ownership interest or by contract to third parties” and by defining visual features beyond “white lines designating parking spaces” to also include “visual features such as signs, curb markings, or similar features”. The amendments are also included for Chapter
14.20, which currently lacks specific language defining parking zones or markings to establish parking meter zones.
City of Del Mar Parking Enforcement Officers and County of San Diego Sheriff’s Department staff patrol the City daily to help ensure compliance with State, County, and Del Mar vehicle and parking regulations. Patrol areas in the City include streets and highways, which are both designated by Chapter 14.16 of the DMMC as areas to be marked and enforced. Patrols, however, also include the Town Hall parking garage, Shores Park parking lot, and the 17 th
1 January 8, 2024 Item 05
City Council Agenda Report
Amendments to DMMC Chapters 14.60 & 14.20 – Pkg Zones
January 18, 2024
Street parking lot adjacent to the Beach Safety Center, all on public property not considered a street or highway. Multiple parking lots in the City on private property, by agreement with the City, are monitored and enforced by City staff including the Trailhead Lot at the corner of Jimmy Durante Boulevard and San Dieguito Road; Seagrove Parking Lot on Coast Boulevard; St. Peter’s Church parking spaces on Maiden Lane; and the public parking section of the L’Auberge Del Mar.
The City Council has an interest in maintaining the City in an orderly and aesthetically pleasing condition, to keep property values in line with neighboring communities, and to improve the quality of life for its residents, businesses, and visitors. Designating parking areas that provide public parking with clear visual features helps to limit nuisance violations and contribute to safer road conditions. Providing more consistent and specific language defining the areas of enforcement is a best practice and simplifies determining outcomes of contested citations during the adjudication process.
If adopted, the Ordinance will be effective thirty (30) days after adoption.
NEXUS TO CITY COUNCIL GOALS AND PRIORITES:
Amending the City’s parking regulations to abate public nuisances and continue protecting the health, safety and welfare of the public is considered an operational item.
FISCAL IMPACT:
There is no fiscal impact or fiscal action to be taken by the City Council related to this agenda item.
ENVIRONMENTAL REVIEW:
The proposed Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3) in that the proposed changes are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will the proposed changes have the potential for causing a significant effect on the environment. Therefore, this Ordinance is further exempt from the provisions of CEQA pursuant to Section 15308 of the State CEQA Guidelines as an action to assure the maintenance, restoration, enhancement, or protection of the environment.
ATTACHMENTS:
Attachment A – Ordinance Amending DMMC Chapters 14.16 and 14.20 2 January 8, 2024 Item 05
ATTACHMENT A
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING CHAPTER 14.16 AND 14.20 OF
THE DEL MAR MUNICIPAL CODE AUTHORIZING PROCEDURE
AND ESTABLISHING OF PUBLIC AND PRIVATE PROPERTY
PARKING ZONES
WHEREAS, the City of Del Mar has the authority, pursuant to its police power, to enact regulations to protect the public health, safety and welfare under California Constitution, Article XI, Section 7; and
WHEREAS, the City currently regulates against vehicles stopping, standing, and parking; and parking in stalls with expired parking meters under Chapters 14.16 and
14.20, respectively, of the Del Mar Municipal Code (DMMC); and WHEREAS, the City’s existing provisions control the stopping, standing, parking, and parking at expired meters of vehicles from streets, highways, and designated zones, but do not expressly restrict from other public or private property, such as City parking lots and private property with ownership interest or by contract to third parties; and WHEREAS, Section 22508 of the California Vehicle Code authorizes the City to adopt an ordinance to establish parking meter zones and to designate the area that would be included in the zone and to be marked with white lines or by other visual features such as signs, curb marking, or similar features, designating parking spaces and require vehicles to park within the parking spaces; and
WHEREAS, the City Council has an interest in maintaining the City in an orderly and esthetically pleasing condition, to keep property values in line with neighboring communities, and to improve the quality of life for its residents, businesses, and visitors; and
WHEREAS, the accumulation and/or storage of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, on public property is found to create a condition tending to promote blight and deterioration, invite plundering, create potential fire hazards, and create an attraction and habitat for rodents and insects; and WHEREAS, the City Council finds that the presence of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, on public property constitutes a public nuisance, which must be abated to protect the public health, safety and welfare.
NOW THEREFORE, the City Council of the City of Del Mar hereby ordains as follows:
SECTION 1: The foregoing recitals are true and correct. 3 January 8, 2024 Item 05
Ordinance No. XXX
SECTION 2: Chapter 14.16 - REGULATIONS AGAINST STOPPING, STANDING,
PARKING
14.16.010 - Adoption of Code by Reference.
There is hereby adopted by reference, by the City of Del Mar for the purpose of prescribing rules and regulations for the control of traffic within the City of Del Mar, the following portions of the San Diego County Traffic Code, together with such secondary references as are included in those portions, effective as of the date set forth on Section
14.16.030 below. The provisions thereof shall be controlling within the limits of the City of Del Mar to include, without limitation, regulatory provisions, and definitions.
A. Title 7, Division 2, Article 7 commencing with Section 72.110 regarding stopping, standing and parking.
B. Title 7, Division 2, Article 8 commencing with Section 72.130 relating to loading or unloading. Except that Section 72.135 is amended to add:
iii. Except in areas of parks, designated by signs, loading and unloading is the only allowable activity, with no exception.
C. Title 7, Division 2, Article 9 commencing with Section 72.140 relating to parking time limits.
D. Title 7, Division 2, Article 10 commencing with Section 72.150 relating to angle parking.
E. Title 7, Division 2, Article 14 commencing with Section 72.190 regarding taxicab stands.
14.16.020 - Effective Date.
The effective date of these regulations is September 15, 1993.
14.16.030 – Procedures and Jurisdiction.
A. The City Council may establish by resolution, regulations which prohibit or restrict the parking or standing of vehicles. (See also: Cal. Vehicle Code §§ 22507, 22507.5)
B. The City Council may establish by ordinance, parking meter zones and fix the rate of fees for such zones. (See also: Cal. Vehicle Code § 22508) 4 January 8, 2024 Item 05
Ordinance No. XXX
C. The City Council may establish by resolution, parking spaces for the exclusive use of vehicles which display a distinguishing license plate or placard of a disabled person in accordance with the provisions of Section 22511.7 of the Vehicle Code.
D. Consistent with State law, the City Council may, by ordinance, cause streets, highways, or public or private property whereby the City of Del Mar having jurisdiction by its police powers, ownership interest or by contract to third parties may be marked with white lines or by other visual features such as signs, curb marking, or similar features, designating parking spaces and require vehicles to park within the parking spaces. (See also: Cal. Vehicle Code § 22508)
14.16.040 - Curb Markings.
Curb markings authorized and established under this Chapter shall comply with Section 21458 of the Vehicle Code, and shall be effective upon such days and during such hours or times as may be prescribed by ordinance.
14.16.050 - No Entrance Into Intersection That Would Obstruct Traffic.
No operator of any vehicle shall enter any intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection of crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.
14.16.060 - Prohibition of Parking of Oversized or Non-Motorized Vehicles.
No person shall park or leave standing upon any public street or alley any oversized or non-motorized vehicle for a period longer than four hours.
14.16.070 - Definitions.
A. Oversized Vehicle shall mean any vehicle that exceeds 20 feet in length, or 84 inches in width, or 78 inches in height. Any extension(s) caused by mirrors or accessories attached to the side(s) of such vehicle shall not be considered part of the measured width area.
B. Non-Motorized Vehicle shall mean any trailer, camp trailer, semi-trailer, or trailer coach as defined by the California Vehicle Code, and any recreational vehicle as defined in Subsection 30.04.170.A. of this Code.
5 January 8, 2024 Item 05
Ordinance No. XXX
14.16.080 - Exceptions to Prohibition on Parking of Oversized and Non-Motorized Vehicles.
The provisions of Section 14.16.060 shall not apply to any of the following:
A. Oversized vehicles making pick-ups or deliveries of goods, wares, or merchandise from or to any building or structure.
B. Any vehicle involved in an emergency or any vehicle being repaired under emergency conditions.
C. Any vehicle belonging to Federal, State, or local authorities.
D. Any vehicle displaying a valid permit issued pursuant to Section 14.16.090.
14.16.090 - Permit Process for Temporary Overnight Parking.
A. The Parking Enforcement Division of the Community Services Department shall issue a permit for an oversized vehicle or non-motorized vehicle to any resident of the City, or a bona fide guest of such resident, if (1) the appropriate fees as described in this subsection are paid; and (2) the Parking Enforcement Division determines that the vehicle will not create a safety hazard. The permit shall state the address of the resident and shall state: "OVERSIZED OR NON-MOTORIZED VEHICLE PERMIT."
B. The duration of the permit shall not exceed 48 hours.
C. No more than six permits shall be issued to any person described in Subsection A in any one-year period. Permits may not be issued for consecutive periods.
D. The fee for obtaining a permit shall be determined by the Del Mar City Council.
E. The vehicle shall not be used for overnight camping, lodging, residing in or using for accommodation purposes.
14.16.100 - Posting of Signs.
A. Signs giving adequate notice of the prohibitions contained in this chapter shall be placed at the city limits. The signs shall state: "NO PARKING OF OVERSIZED
OR NON-MOTORIZED VEHICLES WITHOUT VALID PERMIT FOR MORE THAN FOUR HOURS."
6 January 8, 2024 Item 05
Ordinance No. XXX
B. Signs may, at the discretion of the Parking Enforcement Division, be placed on City streets. These signs shall read as described in Subsection A. with the following additional language: "IMMEDIATE TOWING AUTHORIZED."
14.16.110 - Vehicle Removal and Penalties.
A. Vehicles parked in violation of this chapter may be cited immediately and fined $75.00 for each violation.
B. Vehicles parked in violation of this chapter may be removed after 72 hours, pursuant to Vehicle Code § 22651(k).
C. Vehicles parked in violation of this Chapter may be removed immediately if a sign is posted in accordance with Subsection 14.16.100.B., pursuant to Vehicle Code § 22651(n).
D. Each violation shall be considered a separate offense per Section 1.08.030 of this Code.
Chapter 14.20 - PARKING METERS
14.20.010 - Purpose.
It is the purpose of this Chapter to establish procedures and regulations applicable to parking meters.
14.20.020 - Zones and Rates Established.
A. To authorize the establishment of a zone in which parking meters are to be installed, the City Council shall adopt an ordinance specifying:
1. The streets, highways, or public or private property whereby the City of Del Mar having jurisdiction by its police powers, ownership interest or by contract to third parties may be marked with white lines or by other visual features such as signs, curb markings, or similar features, included in the zone;
2. Whether white lines designating parking spaces to be established;
3. The hours of operations of the meter; and
4. The rate of fee.
7 January 8, 2024 Item 05
Ordinance No. XXX
B. The Road Commissioner shall establish the parking meter zone and cause to be installed meters, signs and markings in accordance with the authorizing ordinance.
14.20.030 - Administration of Meters.
A. The Road Commissioner shall insure that money deposited into meters is collected as to the Finance Director.
B. The Road Commissioner shall insure that meter, signs and markings are maintained in good condition.
14.20.040 - Expired Meter, Display of Valid Ticket/Receipt.
A. Parking Space Regulated by a Parking Meter.
1. It is unlawful for any person to park a vehicle in a parking space that is regulated by a parking meter requiring a parking meter fee to be paid to allow the vehicle to remain in that area, unless:
a. The parking meter regulation is not in effect at the time; or b. The fee has been paid and the parking meter is displaying a sign or signal indicating the entitlement to use the parking spaces is legal and unexpired.
2. The registered owner of a vehicle is in violation of the law if such vehicle is in a parking space that is being regulated by a parking meter requiring a parking meter fee to be paid to allow the vehicle to remain in that area, unless:
a. The parking meter regulation is not in effect at the time, or b. The fee has been paid and the parking meter is displaying a sign or signal indicating the entitlement to use the parking space is legal and unexpired.
B. Parking Space Regulated by Parking Machine.
1. It is unlawful for any person to park a vehicle in a parking space that is regulated by a parking machine which dispenses a ticket/receipt upon the payment of a parking fee to allow the vehicle to remain in that area, unless:
a. The parking machine regulation is not in effect at the time; or 8 January 8, 2024 Item 05
Ordinance No. XXX
b. A valid, unexpired ticket/receipt is displayed in the vehicle, viewable to the public.
2. The registered owner of a vehicle is in violation of the law if such vehicle is in a parking space that is being regulated by a parking machine which dispenses a ticket/receipt upon the payment of a parking fee to allow the vehicle to remain in that area; unless:
a. The parking machine regulation is not in effect at the time; or b. A valid, unexpired ticket/receipt is displayed in the vehicle, viewable to the public.
3. Unless authorized by the City in writing, it is unlawful for any person to transfer or exchange with some other person a parking machine ticket/receipt issued by the City.
14.20.050 - Tampering with Meters.
It is unlawful for any unauthorized person to open, for any person to deface, injure, tamper with, or willfully break, destroy, impair the usefulness of, or tamper with any parking meter installed pursuant to this Chapter. Such prohibited tampering shall include, but is not limited to, depositing or causing to be deposited any slug, device or metallic object as a substitute for a coin of the United States. A violation of this Section shall be a misdemeanor.
14.20.060 - Rule of Evidence.
The parking or standing of any vehicle in a parking space, at which space the parking meter displays the sign or signal indicating illegal parking, shall constitute a prima facie presumption that the vehicle has been parked or allowed to stand in such space in violation of the City's Traffic Code.
14.20.070 - Enforcement.
The Road Commissioner shall establish an enforced program whereby the enforcing authority will record the number of the meter at which vehicle is overparked, take the State vehicle license of such vehicle, and issue in writing a citation for illegal parking in the same for and subject to the same procedure provided for by the laws of the State of California, applicable to traffic violations within this City; except when the vehicle is an official City vehicle parked while the operator is performing official duties in the vicinity.
SECTION 3: This is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because there is no potential for it to result 9 January 8, 2024 Item 05
Ordinance No. XXX
in a physical change in the environment, either directly or indirectly. In the event this Ordinance is found to be subject to CEQA, it is exempt from CEQA pursuant to the exemption contained in Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility of a significant effect on the environment.
SECTION 4: If any section, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, illegal or unconstitutional by a decision or order of any court of competent jurisdiction, then such decision or order shall not affect the validity and enforceability of the remaining portions of this Ordinance. The City Council hereby declared that it would have passed and adopted this Ordinance, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases is declared invalid, illegal or unconstitutional.
SECTION 5: This Ordinance shall be effective thirty (30) days following its adoption.
Within fifteen (15) days following its adoption, the City Clerk shall certify to the passage of this Ordinance and cause the same to be published, or the title thereof as a summary, in accordance with the provisions of State law, in a newspaper of general circulation designated for legal notices publication in the City of Del Mar.
SECTION 6: This Ordinance was introduced at a regular meeting of the City Council held on the 18th day of December 2023.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 8th day of January 2024.
________________________________
_____________, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
10 January 8, 2024 Item 05
Ordinance No. XXX
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. _____which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 8th day of January, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
11 January 8, 2024 Item 05
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Jon Edelbrock, Director of Community Services/Lifeguard Chief Via Ashley Jones, City Manager
DATE: January 8, 2024
SUBJECT: Acceptance of a Donation from the Rotary Club of Del Mar to Purchase an Automatic External Defibrillator
REQUESTED ACTIONS/RECOMMENDATION:
Staff recommends that the City Council: 1) Accept a donation of $2,937 from the Rotary Club of Del Mar to purchase an Automatic External Defibrillator; and 2) Amend the Fiscal Year 2023-24 Operating and Capital Budget to reflect the donation.
DISCUSSION/ANALYSIS:
On December 27, 2023, the City of Del Mar received a funding commitment letter from the Rotary Club of Del Mar (RCDM) to purchase an Automatic External Defibrillator (AED) and two batteries in Fiscal Year (FY) 2023-24 (Attachment A). The AED will replace one of the nine that are in operation by the Lifeguard Division.
The AED is a newer and updated model of the Zoll AED Plus made by the Zoll Medical Corporation, which is the model of AED’s currently in service by the City’s Lifeguard Division and are extremely popular among other medical professionals. The nine AED’s in operation are an integral part of the medical equipment used for first aid response by staff and are available in all of the Lifeguard patrol vehicles (including beach-driven ATV’s) and Lifeguard towers. The goal is to have AED’s readily available to trained staff, equipment that is reliable, and standardized to provide the best response in an emergency event. While all of the Lifeguard Division’s AED’s are reliable and operational, only five of the nine are Zoll AED Plus machines. With the goal of standardizing for the benefit of training, ease of use when using in a critical emergency, or for purchase and interchangeability of consumables (batteries, pads), this purchase will help phase out an older machine to meet these goals.
Most AED’s, like the Zoll AED Plus, have a life expectancy of around ten years. During the AED’s lifespan, staff frequently test and maintain the machines including checking the condition of the battery and pads. Many AED manufacturers have pads and batteries that are only useful for three years until expiration. The Zoll AED Plus has industryleading shelf life for those consumables of five years. While some AED’s may last longer 1 January 8, 2024 Item 06
City Council Agenda Report
Rotary Club of Del Mar Donation to Purchase an AED
January 8, 2024
than ten years, repair can be expensive for older machines and replacement is often more cost effective.
FISCAL IMPACT:
Acceptance of the donation from RCDM will provide a total of $2,937 in funding to purchase an AED and two batteries in FY 2023-24. Council approval of the recommended action for this agenda item will amend the FY 2023-24 Operating and Capital Budget as reflected in the table below and will have no impact to the General Fund Contingency.
DESCRIPTION ACCOUNT AMOUNT
Revenue
Contributions 01.4800.4831 $2,937
Subtotal: $2,937
Expenditures
Small Tools & Equipment 01.5631.2600 $2,937
Subtotal: $2,937
TOTAL GENERAL FUND CONTINGENCY IMPACT: $0
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and is not included in the City Council’s list of Goals & Priorities.
ATTACHMENTS:
Attachment A - RCDM Donation Funding Commitment Letter
2 January 8, 2024 Item 06
ATTACHMENT A
3 January 8, 2024 Item 06
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: January 8, 2024
SUBJECT: Task Order with Paradigm Mechanical Corporation for Heating Ventilation and Air Conditioning System Repairs at the Del Mar Civic Center REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council: 1) Approve a $25,250 Task Order (Attachment A) with Paradigm Mechanical Corporation (Paradigm) to perform Heating Ventilation and Air Conditioning (HVAC) system repairs at the Del Mar Civic Center; 2) Authorize the City Manager to execute the Task Order for Paradigm; and 3) Amend the Fiscal Year (FY) 2023-2024 Operating and Capital Budget as described in the Fiscal Impact section of this report.
DISCUSSION/ANALYSIS:
The City of Del Mar has an annual HVAC system service and maintenance agreement with Paradigm for the Del Mar Civic Center. Recently, HVAC performance issues resulted in staff directing Paradigm to perform diagnostic testing to identify any refrigerant leaks within the system.
Two malfunctioning fan coil units were identified as non-repairable and require replacement.
Paradigm submitted a proposal of $25,250 to order and install the replacement parts because the equipment is no longer covered by warranty. Paradigm is the most qualified contractor to perform the work because of their expertise and intimate knowledge of the Del Mar Civic Center’s HVAC system. Staff recommends that the City issue a Task Order with Paradigm to replace the two fan coils (Attachment A).
FISCAL IMPACT:
Approval of the Task Order will require City Council to amend the FY 2023-2024 Operating and Capital Budget by allocating $25,250 from the General Fund as shown in the table below.
ENVIRONMENTAL IMPACT:
The action being considered is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
ATTACHMENTS:
Attachment A – Paradigm Task Order
Exhibit A to Attachment A – Paradigm proposal for HVAC Repairs
PROGRAM FUND ACCOUNT AMOUNT
Del Mar Civic Center HVAC Repairs General Fund 40.7000.7010 $25,250 1 January 8, 2024 Item 07
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us January 8, 2024 ATTACHMENT A
Paradigm Mechanical Corporation SENT VIA EMAIL
Attn: Melinda Dicharry
10641 Prospect Avenue
Santee, CA 92071
[email protected]
RE: TASK ORDER & NOTICE TO PROCEED FOR HEATING VENTILATION AIR
CONDITIONING SERVICES FOR THE DEL MAR CIVIC CENTER (ACCOUNT
40.7000.7010)
This Task Order (TO) and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the HVAC Preventative Maintenance and Service Agreement between the City of Del Mar and Paradigm Mechanical Corporation (Contractor), the term for which is July 1, 2023, to June 30, 2024.
Contractor shall execute tasks related to the Del Mar Civic Center Heating Ventilation and Air Conditioning (HVAC) System, as described in the Contractor’s proposal dated December 29, 2023, and included as Exhibit A to this Task Order. The project cost for this Task Order shall not exceed $25,250. The project schedule shall commence upon execution of this Task Order/Notice to Proceed and be completed by February 15, 2024, to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A.
The primary contact for this Task Order and invoicing is Peter Kiefer, Maintenance Superintendent, who can be reached at [email protected] and (858) 704-3676.
Please sign and return an original copy of this Task Order to Denise Galvan, Management Analyst, City of Del Mar, 1050 Camino del Mar, Del Mar, CA 92014 and email a PDF copy to [email protected].
Approved by: Accepted by:
_____________________________________ _______________________________________ Ashley Jones Date Melinda Dicharry Date
City Manager President
cc: Joe Bride, Public Works Director
Peter Kiefer, Maintenance Superintendent
Exhibit A: Paradigm Mechanical – Proposal for HVAC Services at the Del Mar Civic Center 2 January 8, 2024 Item 07
SP-3483
10641 Prospect Ave. ♦ Santee, CA 92071 A Woman-Owned, Small Business (619) 456-4562 ♦ (619) 456-4754 fax WBE#11030102 DBE# 39697 www.pmccontracting.com SBA 8(A) Certified
License# 947497
December 29, 2023
Peter Kiefer
City of Del Mar
[email protected]
Location: Del Mar Civic Center Air handlers 4 and 8
Per our recent site visit, Paradigm Mechanical found indoor coils for air handlers 4 and 8 to be leaking.
Please see scope of work below for our recommended repairs:
Scope of Work:
1. Coordinate schedule of work with customer.
2. Isolate refrigerant flow to indoor units in question, Recover refrigerant from entire system as needed.
3. Isolate electrical to indoor units and outdoor unit as needed.
4. Disconnect existing electrical, drain lines, and ductwork from indoor units 4 and 8.
5. Remove and dispose of existing failed systems.
6. Provide and install (2) new air handlers for systems 4 and 8. o To be exact OEM one for one replacements of existing systems.
7. Connect to existing drain lines, lineset, ductwork, and electrical.
8. Leak check new installation.
9. Restore power and refrigerant to manufacturer’s recommended specification.
10. Return to normal operating conditions.
Paradigm Mechanical price for the above scope of work is not to exceed the following amount:
$25,250.00
Note: will need access to facility for 5 consecutive work days for repairs to be performed, areas below units 4 and 8 will need to be cleared of any furniture, personnel, or obstructions during entire length of work performance to ensure safety of all personnel and belongings. - Provide a 1-year parts and labor warranty, match manufacturer’s warranty on parts 3 January 8, 2024 Item 07
SP-3483
10641 Prospect Ave. ♦ Santee, CA 92071 A Woman-Owned, Small Business (619) 456-4562 ♦ (619) 456-4754 fax WBE#11030102 DBE# 39697 www.pmccontracting.com SBA 8(A) Certified
License# 947497
Exclusions:
The following items are not included in our proposal and should not be considered as part of our base scope of work:
• • HVAC System cleaning.
• • HERS testing.
• • Title 24, plans, permits, structural inspection or repair. • • Equipment pads/platforms
• • Modifications to the existing systems other than what is specifically identified above. • • Condition or capacity of existing mechanical and plumbing systems • • Temporary services
• • After hours and overtime work
• • Unforeseeable conditions. (These include additional scope items that could not in any way have been identified during the time of submitting our proposal) Payment Terms:
The customer agrees to pay for said work, labor, and materials promptly. In the event of failure to pay the same, or any portion thereof within (30) days the customer, unless otherwise specified below, agrees to pay a finance charge computed at a “periodic rate” of 1.5% on balances less than $1,000.00. This represents an annual percentage rate of 18%. On balances in excess of $1,000.00 the finance charge will be computed at a “periodic rate” of 1% per month, which is an annual percentage of 12%. The customer further agrees to pay any reasonable attorney fees and costs of collection incurred by Paradigm Mechanical to enforce the provisions of this agreement.
THE PERSON SIGNING THIS AGREEMENT WARRANTS HIS/HER AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF THE OWNER AND/OR PURCHASER.
Pricing is valid for 30 days from date of proposal.
X
X
Accepted By (Customer): Proposed By: Paradigm Mechanical Corp.
Name: Name: Melinda Dicharry
Title: Title: President/CEO ____
Date: Date: _____December 29, 2023_______
4 January 8, 2024 Item 07
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Monica Molina, Finance Manager/Treasurer
Sarah Krietor, Administrative Services Manager
Via Ashley Jones, City Manager
DATE: January 8, 2024
SUBJECT: Authorization to Accept 2023 Roy & Marian Holleman Foundation Grant Funds for Del Mar Fire Health and Wellness Equipment
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Accept $10,000 in grant funds from the Roy & Marian Holleman Foundation for the purchase of needed Del Mar Fire Station health and wellness equipment; 2) Authorize the City Manager to sign the required grant agreement (Attachment A) and other necessary documents; and 3) Amend the Fiscal Year 2023- 2024 Operating and Capital Budget as indicated in the Fiscal Impact section of this report.
DISCUSSION/ANALYSIS:
The mission of the Roy and Marian Holleman Foundation (Foundation) is to provide financial grants and annual support to organizations that qualify as exempt under Section 501(c)(3) of the Internal Revenue Code. A special emphasis is given to those organizations whose mission focuses on education, animals, the environment, and human services.
The Foundation has generously provided much needed funding in the past in support of the Del Mar Fire Department, including funding for the Fire Station kitchen remodel and station furniture. Marian Holleman held the Del Mar Fire Department in very high regard, frequently visiting the Fire Station over the years with meals and baked goods for Fire staff. Based on Marian Holleman’s relationship with Del Mar Fire Department, the City is identified by the Foundation as an organization that is eligible to submit grant-funding requests in support of the Fire Department.
On September 25, 2023, the Del Mar Fire Department submitted a grant request for $10,000 to cover the cost of health and wellness equipment, which will contribute to the overall health and fitness for duty of fire service employees who perform essential safety and first responder services for the City. The proposed purchase includes replacement of outdated gym equipment, sauna, and ice bath chiller. Fire personnel use of sauna and ice bath 1 January 8, 2024 Item 08
City Council Agenda Report
Authorization to Accept the 2023 Roy & Marian Holleman Grant January 8, 2024
equipment has been shown to reduce injuries and speed recovery times, and there are some studies that indicate the use of this equipment reduces the risk of cancer for fire personnel. The cities of Carlsbad, Solana Beach and Encinitas, along with other fire departments in the region, have purchased similar equipment and have reported positive results for their fire employees. The approximate cost of the items to be purchased are as follows: replacement gym equipment - $3,700; ice bath chiller - $2,000; and sauna - $4,300.
On November 28, 2023, the City received notification that the Holleman Foundation grant request was approved along with a check for $10,000. As a requirement of the grant, the City must provide a status report to the Foundation about the expenditure of the grant funds by May 28, 2024.
FISCAL IMPACT:
Approval of this item to accept funds to purchase identified equipment will require an amendment to the Fiscal Year 2023-2024 Operation and Capital Budget as follows:
Approval of this item will have no impact to the General Fund Contingency.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and not specifically related to the identified Council goals and priorities for FY 2023-2024.
ATTACHMENT:
Attachment A – Roy & Marian Holleman Foundation Agreement
PROGRAM FUND ACCOUNT AMOUNT
Local Grants (Revenue) Grants 24.4600.4623 $10,000
Small Tools & Equipment (Expenditure) Grants 24.5730.2600 10,000 Net Budget Impact $0
2 January 8, 2024 Item 08
3 January 8, 2024 Item 08
4 January 8, 2024 Item 08
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6 January 8, 2024 Item 08
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Matt Bator, AICP, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: January 8, 2024
SUBJECT: Encroachment Permit EP23-094: Request to permit the retention and maintenance of private vegetative, structural, and drainage-related encroachments within a portion of unimproved public right-of-way (alley) adjacent to 919 Klish Way, 1035 Klish Way, and 964 Crest Road Applicants: Tanya Young and Michael McManus
Address: 919 Klish Way, Del Mar, CA 92014
APN #: 300-263-20
REQUESTED ACTION/RECOMMENDATION:
It is recommended that the City Council adopt a Resolution (Attachment A) denying Encroachment Permit EP23-094, based on the proposal’s noncompliance with the Del Mar Municipal Code (DMMC) and City Council Policy 110 - Private Encroachments into City Rights-of-Way.
SITE DESCRIPTION AND BACKGROUND:
This application involves the (private) property at 919 Klish Way, an irregularly shaped lot developed with a single-family residence, and the adjacent portion of an unimproved “paper” alley that runs along the western side of the property. A vicinity map has been included for reference as Attachment B. The alley connects Klish Way with Amphitheatre Drive to the east and adjoins seven properties. The portion of alley subject to this request, is also bordered by 1035 Klish Way to the west and 965 Crest Road to the north, but the owners of those two properties are not applicants of EP23-094.
On August 24, 2022, the City received a complaint regarding installation of vegetation (hedges, rose bushes, and other ornamental plants), a stone and decomposed granite patio with associated patio furniture, and other private encroachments/improvements without City authorization within the unimproved public alley adjacent to 919 Klish Way.
Through an Encroachment Permit (EP) approved by the City Council in 1997 (EP-97-41), the owners of 919 Klish Way Tanya Young and Michael McManus, gained authorization 1 January 8, 2024 Item 09
City Council Agenda Report
Consideration of EP23-094 (919 Klish Way)
January 8, 2024
to retain and use driveway, retaining walls and landscaped areas within the unimproved public alley that were installed in the mid-1970’s after the construction of the home (Attachment C). The driveway improvements provide vehicular access to the home’s garage. The unauthorized alley encroachments (as shown on Attachment E and described later in this report) subject to this request are located in an approximately 70- foot span of the alley west and north of the improvements previously approved by EP-97- 41 in 1997.
Upon receiving a violation notice from the City, the owners of 919 Klish Way (Applicants) filed for an EP (EP22-101) to retain the above-mentioned unauthorized encroachments.
Based on the private appearance of the vegetation and patio improvement encroachments, it was determined that the EP would be classified a “long-term major” EP, which requires a City Council decision in accordance with Del Mar Municipal Code (DMMC) Section 23.28.0070(B).
However, during staff’s processing of the EP application, the Applicant’s representative conveyed to staff that the McManus’ would abate the violation by removing the illegal encroachments, and a new plan was submitted depicting the removal of all unauthorized vegetation and patio improvements, leaving only surface drainage improvements that were installed in the alley by the Applicant. This revision reduced the EP’s classification to “long-term minor,” to be acted upon by the City Manager in accordance with DMMC
23.28.070(A). Regardless of the classification of the EP, decisions must be made in accordance with all six findings in DMMC Section 20.23.070(C), which are discussed later in this agenda report.
On August 17, 2023, EP22-101 was approved with conditions to ensure the removal of the vegetation and patio improvements would not result in erosion and storm waterrelated impacts in the public alley. Specifically, since the topography and natural state of the unimproved alley had been altered, the EP conditions required installation of hydroseed for erosion control. On August 23, 2023, the Applicants filed an appeal of the EP approval. With the appeal, the Applicants proposed to again revise their application, this time to retain all encroachments they had previously agreed to remove in order to abate the outstanding violation.
On October 16, 2023, the City Council conducted an Initial Consideration of the Appeal, at which time a report was presented by staff and public testimony was provided by the Applicants and interested residents. During the hearing, the Applicant’s legal counsel requested that the City Council consider an alternative proposal by the Applicants. In response, the Assistant City Attorney informed the City Council that while DMMC Chapter
1.12 (Appeals) provides the process by which an appeal of a decision is to be processed, it does not include the ability to ask the City Council to consider a new proposal/project 2 January 8, 2024 Item 09
City Council Agenda Report
Consideration of EP23-094 (919 Klish Way)
January 8, 2024
scope change while appealing the old one and that a new proposal must be filed separately.
Mayor Martinez and Councilmembers Gaasterland and Worden all indicated that would like to set the item for a de novo hearing, which exceeded the threshold of two Council members being needed in order to set the matter for de novo hearing. Action Minutes from the October 16, 2023, Initial Consideration have been included as Attachment D.
On October 23, 2023, the Applicants filed a new Long-Term “Major” Encroachment Permit application requesting approval to retain all encroachments previously approved to be removed from the alley under EP22-101 as well as additional vegetation presumed to have been planted in that public right-of-way by the Applicants (see list of requested encroachments below). With the filing of EP23-094, the Applicants are requesting that the de novo hearing for EP22-101 and associated code enforcement actions be held in abeyance pending the City Council’s decision on EP23-094.
DISCUSSION:
With Encroachment Permit application EP23-094, the Applicants request the ability to retain and maintain improvements/encroachments currently situated within the subject portion of City alley as they have described below:
1. Existing rose bushes to remain with drip irrigation.
2. Permit existing drainage and runoff control 2"-3" stone curb
3. Permit existing pittosporum hedges at a 20' ht. max, Jade plants, and Strawberry Guava along the western extent of the alley.
4. Permit existing Bird of Paradise plants
5. Permit existing bamboo
6. Existing drainage inlets for stormwater and runoff control
7. Permit existing drainage and runoff control small gravel overflow detention. *
8. Existing public access, dirt path and "public access path" sign
9. Existing public access stone steps to be replaced with safer wood stairs 3 January 8, 2024 Item 09
City Council Agenda Report
Consideration of EP23-094 (919 Klish Way)
January 8, 2024
* This description is inconsistent with staff’ observation of the improvement over time, which appears to have been constructed and has been used as a decomposed granite (DG) patio area.
The above-listed encroachments are depicted on a site plan (Attachment E) submitted with the application for EP23-094.
A Long-term Major Encroachment Permit, per DMMC Section 23.28.020, is defined as any improvement designed to or having a permanent appearance and intended for use for a period of 365 days or more and include but not limited to structures or portions thereof, balconies, cornices and other architectural projections, awnings, below grade vaults, earth-retaining structures extending 12 inches or more in height above the adjacent grade, planter boxes, ramps, fences or walls, curbs extending 12 inches or more in height above the adjacent grade. "Major Encroachment" shall also mean any activity that will cause a marked change in the manner in which a City Right-of Way or Easement will be used or will function.
In addition to the findings listed below, DMMC Section 23.28.040 provides a list of specifically prohibited encroachments. DMMC Section 23.28.040(B)(3) states that any encroachment that would convey an impression or appearance that the encroached upon area is owned by or reserved solely for the private use of the adjacent property with no associated public benefit to the community is strictly prohibited.
Required Findings:
Pursuant to Del Mar Municipal Code (DMMC) Section 23.28.070, there are six required findings for approval, which generally relate to public safety, intended use of the right-ofway, community character, aesthetics, and conversion of public land for private use. An Encroachment Permit shall only be approved if the City Council can make all the following six findings:
Finding 1. That the issuance of the EP will not endanger public health, safety or welfare, or the surrounding property.
Finding 2. That the issuance of the EP will not unreasonably interfere with the intended use of a City Right-of-Way or Easement.
Finding 3. That the issuance of the EP will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics. 4 January 8, 2024 Item 09
City Council Agenda Report
Consideration of EP23-094 (919 Klish Way)
January 8, 2024
Finding 4. That the issuance of the EP will not cause an unnecessary change in the character of the community.
Finding 5. That the issuance of the EP will not be to the detriment of the interests of the general public.
Finding 6. The proposed Encroachment will convert significant area of public property to private use.
The Applicants have provided proposed findings for approval of EP23-094 (Attachment F). Council members should note that the Applicants state within their proposed findings that the “alley was closed” in 1975 when in fact the alley in question, between Amphitheatre Drive and Klish Way has not been closed or vacated. However, a different unimproved alley located two homes to the east which connects Crest Drive and Klish Way was, in fact, officially closed to vehicular use (with some limited exceptions) in 1975 through the City Council’s adoption of Resolution No. 75-29.
STAFF ANALYSIS:
As indicated in the City Council Agenda Report for the October 16, 2023, Appeal of Initial Consideration of Staff of EP22-101, staff has determined that retention of the existing encroachments would legitimize the past illegal conversion of a significant area of public alley/right-of-way to private use and would be inconsistent with the required findings of DMMC Section 23.28.070(C)(2) (3) and (6) listed-above. The applicant’s unauthorized improvement of approximately 70 linear feet of alley in question have changed the intended appearance and use of the alley from public to private in nature and, therefore, discourages use of the alley by others, including the public and other adjacent property owners. Attached are photos of the alley taken by staff in November 2022 of the privately planted vegetation and patio improvements (Attachment G).
Allowance of the requested encroachments would also be inconsistent with City Council Policy 110. City Council Policy 110 addresses which types of private encroachments are compatible with and enhance the public areas that City rights-of-way represent and, conversely, which types of encroachments are inappropriate because they would change the character and perception of a right-of-way area to one of being under private ownership and/or benefit a to private party rather than being a public space (Attachment H).
In addition to the analysis discussed above it is staff’s observation that allowing one property owner to control the appearance and, ultimately, the use of the entire width of a 20-foot-wide unimproved alley creates an inequitable situation for the property owners on the opposite side of the alley and the property owners to the north. It is the City’s 5 January 8, 2024 Item 09
City Council Agenda Report
Consideration of EP23-094 (919 Klish Way)
January 8, 2024
consistent practice to limit encroachment permit requests to only that area adjacent to the applicant’s private property. Allowing the applicants to improve the entire width of an alley and within the alley north of their property with non-vehicular uses would be similar to allowing a property owner to improve the excess right-of-way between their neighbor’s front property line and the paved street.
Based on the above-cited analysis, staff recommends that the EP application be denied and that the disposition of Encroachment Permit application EP22-101 currently under appeal be resolved through the de novo public hearing process and upheld, requiring the removal of all unauthorized improvements within the alley. Further, denial of this EP request would not affect EP97-41, as all conditions and the recorded covenant remain valid and in effect.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the City Council related to this agenda item. As a private development proposal, all fees associated with entitlement processing are paid for by the Applicant.
ENVIRONMENTAL IMPACT:
In accordance with California Environmental Quality Act (CEQA) Guidelines Sections 15061(b)(4) and 15270(a), in that CEQA does not apply to project which a public agency rejects or disapproves.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and unrelated to the City Council Goals and Priorities.
ATTACHMENTS:
Attachment A – City Council Resolution Denying EP23-094 Attachment B – Vicinity Map
Attachment C – EP-97-41 City Council Staff Report
Attachment D – October 16, 2023, City Council Action Meeting Minutes Attachment E – EP23-094 Site Plan
Attachment F – Applicant’s Proposed EP Findings
Attachment G – Staff Photos of Encroachments
Attachment H - City Council Policy #110
6 January 8, 2024 Item 09
ATTACHMENT A
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, DENYING ENCROACHMENT PERMIT EP23-094, A
REQUEST TO RETAIN PRIVATE VEGETATIVE, STRUCTURAL, AND
DRAINAGE-RELATED ENCROACHMENTS WITHIN A PORTION OF
UNIMPROVED PUBLIC RIGHT-OF-WAY (ALLEY) ADJACENT TO 919
KLISH WAY, 1035 KLISH WAY, AND 964 CREST ROAD IN DEL MAR,
CALIFORNIA
WHEREAS, the City of Del Mar (City) is the lawful owner of a right-of-way (referred to as an “alley”) adjacent 919 Klish Way; and
WHEREAS, on August 24, 2022, the City received a citizen complaint regarding the planting of vegetation (hedges, rose bushes, and other ornamental plants), installation of a stone and decomposed granite patio which included patio furniture, and other nonpermitted private improvements within the unimproved public alley adjacent to 919 Klish Way; and
WHEREAS, the owners of 919 Klish Way, Tanya Young and Michael McManus (“Applicants”), filed an Encroachment Permit application (EP22-101) on November 3, 2022, requesting City permission to retain the alley private improvements listed in the August 24, 2022 citizen complaint; and
WHEREAS. on August 7, 2023, the applicant’s representative, Bokal and Sneed Architects, provided the City with a revised the site plan for EP22-101, requesting approval to perform work within the alley to remove all unauthorized vegetation and improvements depicted on the plan; and
WHEREAS, on August 17, 2023, EP22-101 was approved as “Long-Term Minor Encroachment Permit” with specific conditions to ensure that the removal of the vegetation and patio improvements would not result in erosion and storm water-related impacts in the public alley; and
WHEREAS, on August 23, 2023, the Applicants filed an appeal of EP22-101 and as part of the appeals process proposed to revise their application to retain all encroachments they had previously agreed to remove; and WHEREAS, on October 16, 2023, the City Council conducted an Initial Consideration of the Appeal, at which time a report was presented by staff, testimony was provided by the Applicants, and interested residents were provided an opportunity to speak and provide evidence. During the hearing, the Applicants requested that the City Council consider a “Long-Term Major Encroachment Permit” as part of the appeals process. That new permit classification was not allowed as part of the appeals process; and
7 January 8, 2024 Item 09
Resolution 2024-XX
WHEREAS, on October 23, 2023, Tanya Young and Michael McManus (“Applicants”) filed a new application for a Long-Term Major Encroachment Permit (EP23- 094) seeking approval to retain unpermitted and existing vegetation, irrigation, a stone and gravel patio, and subgrade drainage improvements within the public right-of-way adjacent to 919 Klish Way; and
WHEREAS, Del Mar Municipal Code (DMMC) Chapter 23.28 requires an Encroachment Permit (EP) for any private improvements on City property, and specifically any improvements that would alter the intended use of public right-of-way, and requires City Council approval; and
WHEREAS, DMMC Section 23.28.070 provides that an Encroachment Permit may be approved or conditionally approved only if the decision maker makes all of the findings set forth in Section 23.28.070(C); and
WHEREAS, in accordance with requirements of the California Environmental Quality Act (CEQA), the City Council’s action to reject or disapprove a project is exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15061(b)(4) and 15270. Therefore, environmental review would not be required; and WHEREAS, on January 8, 2024, the City Council of the City of Del Mar held a duly noticed public hearing to review the encroachment permit, and at which time all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include without limitation:
a. Plans submitted by the applicant;
b. Written information submitted with the application;
c. Agenda Report, dated January 8, 2024, incorporated by reference as though fully set forth herein;
d. Additional information submitted during the hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that Encroachment Permit EP23-094 is hereby denied based on the following findings in DMMC Section 23.28.070 (C):
1. DMMC Section 23.28.070(C)(1-6) requires the City Council to make all findings.
Findings 2 (That the issuance of the EP will not unreasonably interfere with the intended use of a City Right-of-Way or Easement), 3 (That the improvements will not have an adverse impact on the community’s appearance or aesthetics) and 6 (The proposed Encroachment will convert a significant area of public property to private use) cannot be made because the encroachments portray the appearance of a private outdoor living area screened-in by delineating vegetation and a 8 January 8, 2024 Item 09
Resolution 2024-XX
purpose-built patio area. This privatized appearance deters pedestrian use of the lower alley by the public and by other adjacent property owners. Entrance into the area by a pedestrian could be mistaken as trespassing into private property given the type, form and appearance of installed vegetation and the at-grade patio improvements.
2. The retention of the existing vegetation (birds of paradise, cherimoya tree, jade plant, strawberry guava, bamboo, 20’ pittosporum hedges) and patio improvements (level decomposed granite surface with 2”-3 stone curb border) would be inconsistent with City Council Policy #110, which states “encroachments that would result in an impression or appearance that the encroached upon area is owned by or reserved solely for the private use of the adjacent property will not be authorized unless the City Council makes a finding that the proposed encroachment will result in a public benefit to the Community.” The privatization of the alley by allowing it to be perceived as a private-use yard area would not benefit the Community, as the appearance of the area would deter the public and neighbors from utilizing the alley as public right-of-way.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council that EP23- 094 is denied.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, State of California, at a Regular Meeting held on the 8 th day of January 2024.
____________________________
Dave Druker, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________
Leslie E. Devaney, City Attorney
City of Del Mar
9 January 8, 2024 Item 09
Resolution 2024-XX
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2024-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 8
th day of January, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
10 January 8, 2024 Item 09
Attachment C
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City Council Regular Minutes
October 16, 2023
CITY COUNCIL OTHER BUSINESS
ITEM 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) (CLERK’S FILE NO. 802-1)
City Attorney Leslie Devaney explained the protocols for the initial consideration. Councilmember Worden disclosed that he met with the appellant’s representative Attorney Matt Peterson at the site and read the agenda materials. Councilmember Gaasterland disclosed that she reviewed the agenda materials and met with appellant’s representative Attorney Matthew Peterson. Councilmember Druker disclosed that he visited the site, did not meet with the appellant or their representative, and that he was on the City Council in 2000 when the prior encroachment permit was approved for the property. Mayor Martinez disclosed that she met with the appellant Tanya Young and her representative Attorney Matt Peterson at the site. Deputy Mayor Quirk disclosed that he met with Attorney Matthew Peterson and Tanya Young at the site.
A presentation was provided by Principal Planner Matt Bator. Assistant City Attorney Ralph Hicks was available to answer questions.
Council questions focused on whether it is standard for the City to require an encroachment permit to remove vegetation and the scope of the hearing should the City Council set the item for a de novo hearing.
The appellant’s representative Attorney Matthew Peterson provided a presentation.
Mayor Martinez opened the item to public comment and the following people spoke:
1) Mary Friestedt spoke in support of the appellant
2) John McNulty spoke in support of staff’s recommendation 3) Alana McNulty spoke in support of staff’s recommendation 4) Carol Kerridge spoke to provide history on the site
5) Nicholas Frost spoke in support of the appellant
6) Alice Brown spoke in support of the appellant
7) Tanya Scheiderman spoke in support of the appellant
Mayor Martinez closed the item to public comment.
City Attorney Leslie Devaney provided clarification that the de novo hearing would be specific to the revised minor encroachment permit. Planning and Community Development Director Karen Brindley provided an explanation of the process for a major encroachment permit application. Council questions focused on public safety and flooding issues.
Mayor Martinez and Councilmembers Gaasterland and Worden indicated they would like to set the item for a de novo hearing, which exceeded the threshold of two members in support in order to set the matter for a de novo hearing.
ITEM 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) (CLERK’S FILE NO. 303- 1, 304-7)
ATTACHMENT D
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MAJOR ENCROACHMENT PERMIT 23-XXX LONG TERM 919 KLISH WAY October, 2023 YOUNG-MCMANUS RESIDENCE Scale: 1-1/2" = 1'-0" & SNEED ARCHITECTS BOKAL APN: 300-263-20 ENCROACHMENT SCOPE PROJECT CONTACT 33 January 8, 2024 Item 09
1 Young McManus Long Term Major Encroachment Permit Findings 919 Klish Way, Del Mar, CA 92014
1) The proposed Encroachment will not endanger the public health, safety, or welfare, or the surrounding property;
The Right of Way (“paper alley”) between Klish Way and Amphitheater Drive has never been used, maintained, or improved by the City. Before the invasive Arundo, trash, and debris were cleared out, the site often flooded causing significant impact not only to 919 Klish Way but also to the public street and public storm drain system leading to the ocean. The proposed encroachments involving the retention of vegetation, mature trees, low sight walls, gravel detention area, a public path and wood stairs, and drainage improvements near the top will not endanger the public health, safety, welfare, or the surrounding property. In fact, the improvements have enhanced public access, health, safety, and welfare. Therefore, the proposed encroachments will not endanger the public health, safety, or welfare, or the surrounding property.
2) The proposed Encroachment will not unreasonably interfere with the intended use of a City Right-of-Way or Easement;
ATTACHMENT F
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2 The intended use of the original alley Right-of way dedication was for vehicular, public utility, and perhaps pedestrian use. However, the paper alley between Klish Way and Amphitheater Drive has never been used, maintained, or improved by the City. In 1973, the previous property owner (Lancor) obtained an Encroachment Permit from the City Council for hardscape and landscaping, including Torrey Pines trees to be planted within the paper alley. Within the documentation found, there does not appear to be any limitation on the type or location of trees, bushes, or vegetation. In 1975, the paper alley was closed to vehicular traffic (City Resolution 78-29 adopted August 18th, 1975). In the early 1980’s, the driveway and other site walls were installed by a previous owner. In 1997, the City issued another Encroachment Permit No. 97-41 to Young/McManus, which authorized the previously installed existing concrete driveway, retaining walls, plantings, trees, and other improvements and enhancements to the area. In 1998 the Park and Recreation Committee determined that this paper alley is not appropriate for a trail or public access (see June 20, 1998 Park and Recreation Committee Letter to Public Works). However, the public is invited and continues to have direct easy access to the paper alley with this and the previous Encroachment Permits. There is nothing that was done in the past by previous owners, and nothing that is there now which prohibits the public from entering and enjoying the paper alley. In fact, the applicants/owners have posted a sign adjacent to Klish Way inviting the public, and a sign at the proposed area of Encroachment that says, “Public Access Path”. Because the City has no present or future use of the paper alley, the encroachment does not unreasonably interfere with its originally 35 January 8, 2024 Item 09
3 intended use. Further the public has been welcomed into the area to enjoy the natural setting. Therefore, the proposed encroachments will not unreasonably interfere with the intended use of a City Right-of-Way or Easement. 3) The proposed Encroachment will not have an adverse impact on the welfare of the community or on the community's appearance or aesthetics; The proposed encroachments, including a public path, wood stairs, vegetation, mature trees, low site walls, a gravel detention area, and drainage improvements would not have any adverse impact on the welfare of the community or the community’s aesthetics. First, the proposed encroachments cannot even be seen from either the public street below, Klish Way or Amphitheater Drive above.
Second, the improvements are actually beneficial to the welfare of the community and dramatically improve public access to, and the appearance of the area, which has never been maintained or otherwise improved by the City. The existing landscaping and improvements have not detracted from the appearance of the natural corridor through the hillside and neighborhood. Before the encroachments were placed, the area was overrun with 20 ft tall invasive Arundo, trash, debris, uncontrolled runoff, drainage, and erosion. The vegetation and the trees also help improve air quality and provide a lovely nesting area for local and seasonal birds.
Therefore, the proposed encroachments will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics. 36 January 8, 2024 Item 09
4 4) The proposed Encroachment will not cause an unnecessary change in the character of the community;
The proposed encroachments enhance the quality and character of the community. The paper alley can now be enjoyed by the neighbors and surrounding community for generations. The public is welcomed with signage near Klish Way, with another “Public Access Path sign halfway up. The area is nicely maintained by the adjacent property owners for the public to enjoy a quiet moment in nature.
Because the back portion of this paper alley cannot be seen from the public streets, there has been no adverse change to the character of the community. The encroachments are in fact beneficial to the character of the community. Therefore, the proposed Encroachment will not cause an unnecessary change in the character of the community.
5) The proposed Encroachment will not be a detriment to the interests of the general public;
The paper alley between Klish Way and Amphitheater Drive has never been used, maintained, or improved by the City. The encroachments consist of a path, wood stairs, vegetation, mature trees, a rose garden, low sight walls, a gravel detention area, and drainage improvements near the top. None of the encroachments are detrimental to the interests of the general public. However, removing all the vegetation and improvements and spraying the entire area with hydro seed (which will not last), would be unsightly and not be in the best interest 37 January 8, 2024 Item 09
5 of the general public. The Park and Rec Committee has already determined that this paper alley is not appropriate for a trail or public access (see June 20, 1998 Park and Recreation Committee Letter to Public Works). Despite this City determination, the public is invited and continues to have direct easy access to experience this beautiful bird sanctuary with no public liability, cost, or exposure. The proposed Encroachment will not be a detriment to the interests of the general public. 6) The proposed Encroachment will not convert significant areas of public property to private use.
The City may have a “paper” right of way for an alley, but it has never been utilized, maintained, or improved. Additionally, the City/public does not own the underlying fee title, so it technically is not “public property”. In 1973, the City issued an Encroachment Permit to the previous owner (Lancor). In 1975, the alley was officially closed. In the early 1980’s, the previous owners installed the driveway and site walls. In 1997, the City issued yet another Encroachment Permit No. 97-41 (Young/McManus), which authorized the previously existing concrete driveway, retaining walls, plantings, trees, and other improvements and enhancements to the area. In 1998 the Park and Recreation Committee determined that this paper alley is not appropriate for a trail or public access (see June 20, 1998 Park and Recreation Committee Letter to Public Works). Regardless of that City determination, the public is invited and continues to have direct easy access to the paper alley with this and the previous Encroachment Permits. There is nothing that was done in the past, and nothing that is there now which prohibits the public from walking in and 38 January 8, 2024 Item 09
6 enjoying the area. In fact, the applicants/owners have posted a sign adjacent to Klish Way inviting the public and another sign where these encroachments start that says, “Public Access Area”. Again, the back area of the paper alley cannot even be seen from either Klish Way or Amphitheater Drive. The trees, landscaping, public path, wood stairs, rose garden, short sight walls, gravel detention area, and drainage improvements have not converted significant areas of public property to private use.
There is no appearance of privatization from any public street and nothing that discourages the public from entering. By contrast, the public is invited in to enjoy this natural and peaceful setting. The removal of all the vegetation, the habitat for birds, and to denude this beautiful setting that has been maintained for public use would do nothing to reestablish the area as public property. The original condition of the paper alley, which was not improved or maintained by the City included 20 ft high invasive Arundo, trash, debris, erosion, and uncontrolled runoff. Therefore, the proposed encroachments will not convert significant areas of public property to private use.
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ATTACHMENT G
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ATTACHMENT F
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City of Del Mar
Agenda Report
TO: Honorable Mayor and City Council Members
FROM: Jon Edelbrock, Community Services Director and Chief Lifeguard Via Ashley Jones, City Manager
DATE: January 8, 2024
SUBJECT: Introduction of an Ordinance Reauthorizing Terms and Conditions for OffLeash Dog Hours at the Del Mar Shores Park REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council introduce an Ordinance (Attachment A) authorizing the terms and conditions for off-leash dog hours at the Del Mar Shores Park until such time that the Park is redeveloped.
BACKGROUND
On December 3, 2012, the City Council adopted Ordinance 875 (Attachment B) that established the terms and conditions, including the hours, for a temporary off-leash dog area at the Del Mar Shores Park (Shores Park) for an initial trial period. Since that time, the City Council has adopted Ordinances 910 (Attachment C) and 974 (Attachment D), ultimately reauthorizing and extending a temporary off-leash dog area under the same terms and conditions for use through January 6, 2024. When the off-leash dog area at Shores Park was initially established on a temporary basis, the City was in the process of initiating a Shores Park Master Planning process to re-envision and plan for future redevelopment of Shores Park.
The Shores Park Master Planning effort is currently on hold per City Council direction, with the timing for reengagement on the Park planning effort and future redevelopment of the Park remaining uncertain at this time. As such, staff proposes that Council adopt an Ordinance (Attachment A), making the current terms and conditions that have been in place for the last twelve years for use of the off-leash dog area at Shores Park permanent until such time that the Park has been redeveloped. Prior to completion of the Park redevelopment, the Council can consider planned uses and whether or not a modification to the terms and conditions for off-leash dog use would be warranted.
DISCUSSION/ANALYSIS:
Ordinance 875 (and Ordinances 910 and 974 through extension), established shared use hours for the athletic field at the Shores Park. The Ordinance was created to balance multiple uses of the field and resolve conflicts between recreational users and dog owners. Though the area is infrequently used by organized sports, the athletic field and 1 January 8, 2024 Item 10
City Council Staff Report
Ordinance Reauthorizing Off-Leash Dog Hours
January 8, 2024
adjacent basketball court do receive occasional evening use from the public during scheduled sports hours. The Winston School’s athletic programs also continue to use the athletic field and sport courts for their physical education program during school hours when use of these athletic areas are exclusive to the school to ensure separation and safety of students from dogs and the public.
In general, dog owners have done a good job in keeping the field clean of dog waste, and the vast majority abide by the schedule. Complaints and violations of the rules have been infrequent. In the past, when there have been complaints about violations of the rules, staff has provided additional periodic enforcement and reached out to an informal network of users of the park to seek their cooperation in adhering to the rules. In preparing this report and reaching out to stakeholders, namely The Winston School and the adjacent hotel, staff received constructive feedback pertaining to use of the athletic field. There continues to be a concern about some park users not honoring the 8:30 am ending time for off-leash dogs and mid-day use (outside of the allowed hours). To address this, Community Services staff and San Diego County Sheriff Deputies will increase patrols of the athletic field area during the identified problematic times to remind park users of the hours and respond as soon as possible to any calls for service.
The Shores Park athletic field had an increase in youth sports activity in 2023 and is expected to be utilized similarly in 2024. A local youth baseball program has been permitted to use the field multiple days per week and, as part of that use, they assist with field maintenance. The field has also received recent improvements including aeration and over-seeding of the grass portion of the field as well as 276 linear feet of galvanized fence and three access gates. The new fencing fully encloses the field area to the benefit and increased safety of youth sports, Winston students, and dogs during their respective times of use. Staff is currently preparing updated signage (Attachment F) to better inform the public of the hours of use, which is scheduled to be installed early this year.
The proposed Ordinance continues to allow off-leash dog use at the Shores Park under the same hours, terms and conditions as what has been in place and working well since 2012. Specifically, these hours include:
Monday through Sunday: Off-leash dog hours from 6:00 am – 8:30 am Tuesday, Thursday and Saturday: Off-leash dog hours from 3:30 pm to dusk If approved, staff will continue to educate the public as to the off-leash dog hours, install updated signage as discussed above, and provide enforcement as needed.
FISCAL IMPACT:
There is no fiscal impact or fiscal action to be taken by the City Council related to this agenda item.
2 January 8, 2024 Item 10
City Council Staff Report
Ordinance Reauthorizing Off-Leash Dog Hours
January 8, 2024
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
The recommended action is not a special project on the City Council’s list of goals and priorities.
ATTACHMENTS:
Attachment A – Proposed Ordinance No. XXX
Attachment B – Ordinance No. 875
Attachment C – Ordinance No. 910
Attachment D – Ordinance No. 974
Attachment E – Shores Park Property Site Map
Attachment F – Shores Park Updated Signage
3 January 8, 2024 Item 10
ATTACHMENT A
ORDINANCE No. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AUTHORIZING AN OFF-LEASH DOG AREA
AT THE DEL MAR SHORES PARK
WHEREAS, on August 6, 2007, the City Council of the City of Del Mar (“City Council”) adopted Resolution 2007-35 authorizing the purchase of the Del Mar Shores Property (“Shores Property”); committing to continue the current uses on the Shores Property including The Winston School; and setting forth the master planning process as the means for determining future uses for the Shores Property; and WHEREAS, on May 15, 2008, the City completed the purchase of the Shores Property from the Del Mar Union School District; and
WHEREAS, the City entered into a 55-year lease with The Winston School commencing on July 1, 2008, and amended on September 27, 2023, for a portion of the Shores Property. The Lease provides for Winston’s exclusive use of the athletic field and sport court area during school hours; and
WHEREAS, on December 5, 2011, the City Council directed staff to return to the City Council with a proposal for a six-month trial of a Shared Use Program to accommodate the range of users of the park including The Winston School, off-leash dogs, Little League or other organized sports, and the use of the park by residents and children for other recreational activities and establish terms and conditions for use; and WHEREAS, on January 23, 2012, the City Council of the City of Del Mar enacted Ordinance 865 allowing off-leash dog hours for a six-month trial period; and WHEREAS, the trial period was deemed successful and the City Council enacted Ordinance 875 for a thirty-six month period expiring on January 3, 2016; and WHEREAS, on November 16, 2015, the City Council enacted Ordinance 910 for an additional thirty-six month period expiring on December 16, 2018; and WHEREAS, staff has observed that the off-leash area has been adequately maintained by the off-leash dog owners; that few complaints from the public have been received regarding off-leash dog use; and that the athletic field does not appear to have significant other uses by the public when not being used by The Winston School, dog owners or by organized sports; and
WHEREAS, on December 7, 2020, the City Council enacted Ordinance 974 for an additional thirty-six month period expiring on January 6, 2024; and 4 January 8, 2024 Item 10
Ordinance No. XXX
WHEREAS, Ordinance 974 expired on January 6, 2024, and a new ordinance must be enacted to be able to continue to regulate the use of the Del Mar Shores Park athletic field and allow for appropriate enforcement.
NOW, THEREFORE, the City Council of the City of Del Mar hereby ordains as follows:
SECTION ONE:
An off-leash dog area is hereby established within the fenced athletic field of the Del Mar Shores Park beginning on the effective date of this Ordinance. The conditions and terms of the off-leash dog area may be modified or terminated as may be needed by the City Council, such as following redevelopment of Shores Park.
SECTION TWO:
The City Council hereby establishes the following hours for the use of the fenced athletic field for the various activities as follows:
Monday, Wednesday and Friday: Organized sports use including Little League or other organized sports licensed by the City from 3:30 p.m. to dusk. Monday through Sunday: Off-leash dog hours from 6:00 a.m. – 8:30 a.m. Tuesday, Thursday and Saturday: Off-leash dog hours from 3:30 p.m. to dusk. Sundays and all other daylight hours not included above when The Winston School is not in session: general park use including on-leash dogs without organized sports leagues.
SECTION THREE:
Regulations regarding dog use:
1. The dog is licensed and under direct and effective voice control sufficient to ensure that the dog is not involved in a violation of any other provision of this Ordinance; and
2. The dog is not biting or harassing a person or other animal; and
3. The dog is not interfering with another person’s lawful use of public property; and
4. The dog is not urinating or defecating on public property unless the dog is curbed and any feces is immediately removed to a proper receptacle; and
5. An owner may not bring more than two dogs at one time to the off-leash area; and
6. No dogs are permitted on the athletic field during the times reserved for The Winston School, Little League or other organized sports activities, whether onleash or off-leash. 5 January 8, 2024 Item 10
Ordinance No. XXX
SECTION FOUR:
Conspicuous signage setting forth these regulations shall be posted at the off-leash dog area, including a phone number where violations can be reported.
SECTION FIVE:
Any person(s) violating any of the provisions of this Ordinance shall be subject to enforcement and penalties as prescribed in Chapter 1.08 of the Del Mar Municipal Code and the loss of off-leash dog privileges up to six months for the first infraction and a permanent loss of off-leash dog privileges for biting or a second infraction.
SECTION SIX:
This Ordinance was introduced by the City Council on January 8, 2024.
SECTION SEVEN:
Upon adoption, the Ordinance will take effect and be in force 30 days from the date of City Council adoption (“Effective Date”).
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 22nd day of January, 2024. ____________________________
David Druker, Mayor
City of Del Mar
APPROVED AS TO FORM:
_____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
6 January 8, 2024 Item 10
Ordinance No. XXX
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. ___, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 22nd day of January, 2024, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
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ATTACHMENT B
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ATTACHMENT B
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ATTACHMENT B
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ATTACHMENT C 11 January 8, 2024 Item 10
ATTACHMENT C 12 January 8, 2024 Item 10
ATTACHMENT C 13 January 8, 2024 Item 10
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ATTACHMENT E
DEL MAR SHORES PARK SITE MAP
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Shores Park Hours & Regulations
EXCLUSIVE USE HOURS
Winston School Use Only: 8:30 AM-3:30 PM (Monday-Friday) Organized Sports (City Permit): Monday, Wednesday, Friday: 3:30 PM-Dusk
NO DOGS ALLOWED
NO PARKING ON THE BLACKTOP
OFF-LEASH DOG HOURS (ATHLETIC FIELD ONLY)
MORNINGS
Daily: 6:00 AM-8:30 AM
AFTERNOONS
Tuesday, Thursday, Saturday: 3:30 PM-Dusk
DOGS MUST BE LEASHED OUTSIDE OF FIELD FENCING
REPORT VIOLATIONS
Del Mar Community Services: 858-755-1556
Sheriff: 858-565-5200
Del Mar Ordinance 974
Minimum Fine $100 Per Violation
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Matt Bator, AICP, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: January 8, 2024
SUBJECT: Draft Work Plan for Updating the City’s Public Tree Policy Manual, Municipal Code Sections Related to Tree Protection, and the Trees, Scenic Views, and Sunlight Ordinance
REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council receive an informational presentation regarding the draft work program and direct staff as appropriate.
BACKGROUND:
At its Fiscal Year 2023-2024 Goals and Priorities Workshop conducted on February 13, 2023, the City Council discussed the importance of an update to Chapter 23.51 of the Del Mar Municipal Code (DMCC), also known as the Trees, Scenic Views, and Sunlight (TSVS) Ordinance, and directed staff to try and begin work on this effort as soon as practical and to develop a plan for doing so.
On March 20, 2023, as part of the Council’s review of the Sustainability Advisory Committee’s (SAC) proposed work plan for FY 2023-24, the council discussed SAC recommendations for the City to complete actions to facilitate growth and protection of the City’s tree canopy in support of Del Mar’s adopted Climate Action Plan. It was explained by the City Manager and staff that such actions would involve an extensive overhaul of the City’s existing tree policies and updates to the DMMC. Given the volume of special projects either underway or to be worked on as part of the Council approved work plan and staff’s limited capacity, it was further explained that this work would not be able to begin until spring or summer of 2024 for completion sometime likely in 2025.
After further discussion of the need to address the outstanding priority issues involving tree removals under the TSVS and tree plantings for climate protection, the City Council directed staff to develop a work plan to comprehensively address the City’s tree policies and return to Council for review and further direction.
DISCUSSION:
In response to the City Council direction provided to staff in February and March of 2023 pertaining to the priority tree issues discuss above, staff has developed a comprehensive draft work plan for completion of the necessary policy and DMMC updates (Attachment B). 1 January 8, 2024 Item 11
City Council Agenda Report
Draft Work Plan – Tree Policies/Code Updates
January 8, 2024
In summary, it is staff’s intention to phase the work effort starting with the update to the TSVS Ordinance in early summer 2024. The preliminary efforts towards the TSVS update would begin with preparing a request for qualifications (RFQ) and retaining a qualified consulting firm to assist with this effort. It is envisioned that the consultant would likely be an attorney/special counsel with extensive experience in vegetation/view related cases. Staff anticipates it will take approximately six to eight months to draft and complete the ordinance adoption process once a qualified consult is under contract with the City.
The second phase of the comprehensive effort to address the City’s tree related issues are anticipated to commence in the first quarter of 2025, following completion of updates to the TSVS Ordinance. Staff’s efforts in Phase 2 of the process would begin with staff seeking direction from the City Council related to the SAC recommended tree policy/regulation changes. Once Council direction has been obtained, staff would seek a qualified consultant to work with representatives from Planning, Public Works, and the Fire Department (Fire Marshal) to update and revise the City’s Public Tree Policy Manual into a redefined document that would set policies for both public and private trees, with an overall goal of protecting and enhancing the City’s urban forest tree canopy while managing the City’s wildfire risk. This could be accomplished through a Request for Proposals (RFP) process or by working with the City’s existing tree service provider/arborist West Coast Arborists (WCA).
It is anticipated that the comprehensive revision and updating of the City’s Tree Policy Manual and associated municipal code amendments would take approximately 12 months to complete. Overall, it is expected that completion of a comprehensive update to both the City’s view protection and tree projection/planting policies and regulations will require approximately 18-20 months to complete. As part of this overall effort, staff recommends that the City Council consider designating the Council Planning Subcommittee to work with staff on this effort similar to how other important Planning initiatives have been handled, such as ShortTerm Rentals, which has been very beneficial from staff’s perspective.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item.
ENVIRONMENTAL IMPACT:
There is no environmental impact to receiving the report. The proposed City Council action does not constitute a “project” under the definition set forth in the California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is not subject to CEQA.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This item relates to Tier 2 Priority Projects for Fiscal Years 2023-24 and 2024-25.
ATTACHMENTS:
Attachment A – Draft Comprehensive Tree Update Work Plan 2 January 8, 2024 Item 11
ATTACHMENT A
Draft Work Plan
Comprehensive Update to City of Del Mar
Tree/Vegetation Policies and Regulations
PHASE 1 Update/Revision of DMMC Chapter 30.51 – “Trees, Scenic Views, and Sunlight
Draft Objectives:
o Establish objective evaluation criteria for the TSVS process o Expedite resolution of view obstruction issues with neighbors o Streamline process of removing view obstructions involving City foliage o Evaluate application fee structure
o Promote “Good Neighbor” Policies
o Evaluate conflicts with preservation/expansion of Citywide tree canopy/urban forest
o Improve the inspection process related to required initial and view maintenance tree/vegetation trimming.
Task 1: Prepare Request for Qualifications (RFQ) and retain Consultant to work with staff and City Attorney on TSVS revisions/update (July 2024).
Task 2: Utilize Consultant for Research of other jurisdictions with “regulatory” view protection processes (July/October 2024).
Task 3: Develop revisions to DMMC Chapter 23.51 to accomplish draft objectives of work plan and prepare environmental
analysis/documentation in accordance with the California Environmental Quality Act (CEQA).
Task 4: Conduct public hearing(s) with the Planning Commission Task 5: Conduct public hearings with the City Council for adoption of revisions to DMMC Chapter 23.51. (Spring 2023)
PHASE 2 Update City Tree Policies to Promote and Facilitate Tree Canopy Preservation and the Planting of New Trees
Draft Objectives:
o Preserve Del Mar’s “urban forest” by adopting policies for all trees, both public and private, while also managing the City’s wildfire risk o Increase carbon sequestration through increasing and maintaining the City’s tree canopy
3 January 8, 2024 Item 11
o Increase the retention of mature protected trees through new policies and revisions to DMMC Chapter 23.50 (Trees)
o Strengthen the protection of all trees subject to impact from construction activities.
Task 6: Review Sustainability Advisory Committee (SAC)
recommendations for increasing the City’s tree canopy with the City Council, receive City Council input and direction for moving forward. (First Quarter of 2025)
Task 7: Contract with a qualified consultant to revise and update the City’s Public Tree Policy Manual based on City Council direction from Task 6 of this plan.
Task 8: Either: 1) Prepare a Task Order to receive assistance from the City’s contract tree service provider/arborist with the Tree Policy Manual update; or 2) Prepare Request for Proposals (RFP) seeking a consultant qualified in Urban Forest Management planning and implementation.
Task 9: Planning staff to work with selected tree professionals, Public Works staff, and Fire Marshal to complete new or revised Tree Policy Manual incorporating current arboricultural standards practices, and procedures along with SAC/City Council
recommendations (see Task 6). Task includes preparing CEQA documentation.
Task 10: Planning staff to work with City Attorney’s office on DMMC revisions to implement regulations for specific policies and recommendations of the Manual.
Task 11: Present draft Tree Policy Manual to SAC and draft DMMC revisions for feedback.
Task 12: Conduct Planning Commission public hearing(s) for recommendations to the City Council regarding the Tree Policy Manual and associated DMMC revisions.
Task 13: Conduct City Council public hearings for Council adoption of the Tree Policy Manual and associated DMMC revisions.
(Completion by December 2025)
4 January 8, 2024 Item 11
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Sarah Krietor, Administrative Services Manager/City Clerk Kseniia Izgarskaia, Senior Management Analyst
Via Ashley Jones, City Manager
DATE: January 8, 2024
SUBJECT: 2024 City Council Local and Regional Appointments REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council review the current list of Del Mar City Council regional and local appointments (Attachment A) and make or reaffirm appointments for 2024 from among its members; and identify and authorize the elimination of any committees or subcommittees that are no longer deemed necessary.
DISCUSSION/ANALYSIS:
Councilmembers represent the City on regional boards and organizations, act as liaisons to City Council advisory committees, represent the City Council on community organizations, and work on specific matters in Council subcommittees.
According to City Council Policy 101, “Appointments of Councilmembers to Regional Organizations, and Local Council Committees and Subcommittees,” it shall be the policy of the City Council to “make or reaffirm both regional and subcommittee appointments” annually. This annual review provides the Council with an opportunity to assess assignments, balance the workload of Councilmembers, and discuss whether certain City committees/subcommittees have achieved their objectives and should be disbanded.
Staff has included the draft 2024 City Council Local and Regional Appointments as Attachment A to this agenda report to help the City Council make its appointments. The attachment includes the Council’s 2023 appointments with some administrative updates.
Staff recommends the Shores Parks Advisory Committee and Clean Water Rate Study Subcommittee remain on hold until their related projects resume activity based on City Council direction. While work on the Shores Park master planning effort and the clean water rate study are not currently included on the City’s 2024-2025 Workplan, this will be reviewed and potentially updated by the City Council in February/March of this year as part of the Council’s annual Goals & Priorities Setting Workshop. Should the City Council take action to re-engage on one or both of these projects, the Shores Park Advisory 1 January 8, 2024 Item 12
City Council Staff Report
2024 Council Local Appointments
January 8, 2024
Committee and/or Clean Water Rate Study Subcommittee could be reactivated at that time, including the appointment of Council liaisons.
Lastly, the Arts Advisory Committee has not met since May 2023 due to lack of agenda items and an inability to fill vacant positions on the Committee. Currently, there are four (4) Committee members and three (3) Committee vacancies. The City has been continuously recruiting to fill the vacant positions since June 2023, with no applications received to date. As such, staff recommends the Council liaison(s) to the Arts Advisory Committee work with staff and return to the City Council with a recommendation regarding the future of the Committee.
It should be noted that the following regional organizations pay stipends to appointed representatives: Regional Solid Waste Authority; North County Transit District; San Diego Association of Governments (SANDAG); Metropolitan Wastewater Commission; and the San Diego County Water Authority. Pursuant to regulations of the Fair Political Practices Commission (FPPC), the City is required to report this information to the FPPC annually.
Appointments to SANDAG Committees such as the Borders Committee will occur later this year. Staff will update the local appointment at that time to reflect any Del Mar representatives appointed to serve on these committees.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the City Council related to this agenda item.
ATTACHMENTS:
Attachment A – Del Mar City Council Local and Regional Appointments 2024 2 January 8, 2024 Item 12
DEL MAR CITY COUNCIL
20243 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 9, 2023; Revised June 26, 2023 8., 2024 1 CITIZEN ADVISORY COMMITTEES (Citizen Advisory Committee meeting dates and times are available on the City’s Public Meeting Calendar at https://www.delmar.ca.us/calendar.aspx?CID=14) Committee Council Liaisons
Arts Advisory Committee
Meets Quarterly VACANT
Dave Druker
Finance Committee
Meets Quarterly Dave Druker Dwight Worden
Measure Q Citizen Oversight Committee
Twice per year or as-needed Terry Gaasterland Dan Quirk Parks & Recreation Committee
Meets Quarterly Tracy Martinez Dwight Worden
Lagoon Committee
Meets Quarterly Dwight Worden Dan Quirk
Shores Advisory Committee
On Hold
Sustainability Advisory Committee
Meets Quarterly Dwight Worden Tracy Martinez
Traffic and Parking Advisory Committee (TPAC)
Meets Quarterly Dan Quirk Dwight Worden
Undergrounding Project Advisory Committee
Meets Quarterly
Terry Gaasterland Dave Druker
3 January 8, 2024 Item 12
DEL MAR CITY COUNCIL
20243 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 9, 2023; Revised June 26, 2023 8., 2024 2
COUNCIL SUBCOMMITTEES (The following Council subcommittees meet to discuss specific topics or special projects and/or meet intermittently to interact with staff, as needed) Subcommittee Council Liaisons
Housing Subcommittee Terry Gaasterland Tracy Martinez
Human Resources Subcommittee Dave Druker Dwight Worden
Del Mar Railroad Subcommittee
*Same liaisons as SANDAG Board Dave Druker Terry Gaasterland Planning Process Subcommittee
*On-hold, pending charter review Dave Druker Terry Gaasterland Sea-Level Rise Adaptation Plan Implementation
Subcommittee Terry Gaasterland Tracy Martinez
Clean Water Rate Project
On Hold
Legislative Subcommittee*
* Members serve 2-year terms Terry Gaasterland Tracy Martinez 4 January 8, 2024 Item 12
DEL MAR CITY COUNCIL
20243 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 9, 2023; Revised June 26, 2023 8., 2024 3
COMMUNITY ORGANIZATIONS
Organization Council Liaisons
Del Mar Community Connections Tracy Martinez Dwight Worden Del Mar Village Association Terry Gaasterland Tracy Martinez Del Mar Non-Profits Quarterly Meetings Mayor Deputy Mayor
REGIONAL ORGANIZATIONS
Organization Primary Alternate
22nd District Agricultural Association – Community
Relations Committee
3 rd Tuesday/month at 10:30 a.m.
Terry Gaasterland
Tracy Martinez
There are two primary
liaisons and no
alternate
Clean Energy Alliance Joint Powers Agreement (JPA)
4 th Thursday at 2:00 p.m.
(Except November and December) Dave Druker Dwight Worden CSA-17 Ambulance District Adv. Board
Meets quarterly at 4:00 p.m. – As-needed
1 st Tuesday (Feb/May/Aug/Nov). This board oversees
ambulance services in Del Mar, Encinitas, Solana
Beach, and Rancho Santa Fe.
Tracy Martinez Dan Quirk
Fire Governance Board (Solana Beach, Del Mar,
Encinitas) Dan Quirk Tracy Martinez
LAFCO Cities Advisory Committee
Meets intermittently City Manager Assistant City Manager League of California Cities – San Diego Chapter
Meets the 2nd Monday of the month Mayor Dwight Worden
League of California Cities – Coastal Cities Group Dwight Worden No Del Mar Rep METRO Commission/ METRO Wastewater JPA*
1 st Thursday/month at Noon Dwight Worden Dan Quirk
5 January 8, 2024 Item 12
DEL MAR CITY COUNCIL
20243 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 9, 2023; Revised June 26, 2023 8., 2024 4 Organization Primary Alternate
North County Transit District*
Regularly meets 3rd Thursdays Dave Druker Terry Gaasterland Regional Solid Waste Association (RSWA)*
Quarterly or as-needed Dwight Worden Dan Quirk
San Diego County Water Authority*
Meets Monthly – 4th Thursday
Appointed 3/5/20183/12/2023
Mel Katz City Manager
San Dieguito River Valley Regional Open Space Park
(JPA) – Exec. Committee
Meets monthly on the 3rd Friday -
11:00 a.m. usually at County Admin. Bldg.
(Usually only meets 6-8 times/year)
Dwight Worden Dan Quirk
SANDAG Board of Directors*
Meets 2nd at 10:00 a.m. & 4th at 9:00 a.m. Fridays -or
as scheduled
Terry Gaasterland
Tracy Martinez (1st)
Dave Druker (2nd)
SANDAG LOSSAN Executive Task Force Dave Druker Terry Gaasterland SANDAG Shoreline Preservation Working Group
Meets quarterly, 1st Thurs - 11:30 a.m.
Dwight Worden Terry Gaasterland (1st)
Tracy Martinez (2nd)
SANDAG Committees- Appointments by North County Coastal Region SANDAG Borders Committee*
Meets 4th Friday-12:30 p.m. to 2:30 p.m. 1:00 p.m.
Dave Druker No Del Mar Rep.
SANDAG Regional Planning Committee*
Meets first Friday- 12:30 p.m.-2:30 p.mevery other
month at 1:00 p.m.
Terry Gaasterland No Del Mar Rep.
*Receives stipend.
6 January 8, 2024 Item 12