Del Mar City Council Meeting Agenda
Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
And via teleconference
1317 Irving Avenue, Colonial Beach, VA 22443
February 20, 2024, 2024 City Council Meeting
INFORMATION RECEIVED
AFTER THE COUNCIL AGENDA
WAS DISTRIBUTED
(“Red Dots”)
San Diego County Water
Authority Supply Update
Mel Katz Del Mar City Council Meeting
February 20 , 2024 Water Authority Board Chair
1 February 20, 2024 Item 01
2 Results of Supply and Resilience Investment
2 February 20, 2024 Item 01
3 Regional Storage Levels
Storage (Acre-Feet) Capacity (Acre-Feet) Capacity
412,627 706,387 58%
* As of January 30, 2024. Excludes Lake Hodges
3 February 20, 2024 Item 01
4 Regional Water Demands
Thousand Acre
-Feet (TAF)
-
100
200
300
400
500
600
700
800
2000 2005 2010 2015 2020
CWA Water Sales in TAF MA Local Supplies in TAF
4 February 20, 2024 Item 01
5 Water Authority Takes Leading Role in Colorado River
• Five party agreement reached for
2023 as first step in Lower Colorado
River Basin efforts to raise water
storage levels
• Water Authority agrees to leave
50,000 acre-feet of its supplies in Lake
Mead
• U.S. Bureau of Reclamation to pay
costs through Inflation Reduction Act
• Saves Water Authority approximately
$20 million; reduces pressure on rates
5 February 20, 2024 Item 01
6 Potential Third Party Transfer Partners
• Imperial Irrigation District
• Metropolitan Water District
• Arizona/Nevada
• U.S. Bureau of Reclamation
• Semitropic Water Bank
• Carlsbad Desal Plant
• Water Authority and MWD
Member Agencies
6 February 20, 2024 Item 01
7 Detachment Status
• Settlement agreements signed with Fallbrook PUD/Rainbow MWD on December 21, 2023
• Fallbrook PUD detached Jan. 1, 2024
• Will pay “Exit Fee” of $8.5 million
• Rainbow MWD detachment planned
for Jan. 1, 2025
• Will pay “Exit Fee” of $15.8 million
• Parties still negotiating Operations Plans
7 February 20, 2024 Item 01
1 Melinda Gould
From: City Clerk Mail Box
Subject: FW: City Council Hearing Tuesday February 20th, 2024 Consent Calendar Agenda Item # 6 Major Long Term Encroachment Permit 23-094 919 Klish Way Attachments: Young McManus Major Encroachment Permit EP 23-094 Findings and Council Policy 110_2024 01 09.docx
Importance: High
From: Matthew A. Peterson <[email protected]>
Sent: Friday, February 16, 2024 1:25 PM
To: Sarah Krietor <[email protected]>; City Clerk Mail Box <[email protected]>; David Druker <[email protected]>; Tracy Martinez <[email protected]>; Dan Quirk <[email protected]>; Terry Gaasterland <[email protected]>; Dwight Worden <[email protected]>; Leslie Devaney <[email protected]>
Cc: Matt Bator <[email protected]>; Karen Brindley <[email protected]>; Tanya Young <[email protected]>; Michael McManus <[email protected]>; 'Richard Bokal' <[email protected]>
Subject: City Council Hearing Tuesday February 20th, 2024 Consent Calendar Agenda Item # 6 Major Long Term Encroachment Permit 23-094 919 Klish Way
Importance: High
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Sarah,
Below is my email to the Mayor and City Council with attached Findings.
Thank you, Matt
Dear Honorable Mayor Druker and respected members of the City Council, We represent Tanya Young and Dr. Michael McManus with regard to the above referenced matter.
First and foremost, thank you for your time and careful attention to this matter. In the big picture of the City as a whole, it may seem not too important, but to our clients and the multitude of supporters, we all sincerely appreciate the City Council’s well-reasoned approval on January 8th, 2024.
1 February 20, 2024 Item 06
2 This hearing is to now acknowledge staff’s approved pittosporum removal plan, and the adoption of the conditional resolution of approval.
We have reviewed the staff report and Draft EP conditions. With regard to the Draft Resolution (pg. 3 of 7), we have attached comprehensive findings which contain factually supported evidence for the record to support the City Council’s declared resolutions 1-6. These findings also address the project’s compliance with City Council Policy 110.
We appreciate the City Council’s hard work and dedication to the City and its citizens. We would respectfully request approval on the consent agenda.
Thank you for your courtesy, Matthew A. Peterson
Matthew A. Peterson
Peterson & Price, A Professional Corporation
402 W. Broadway, Suite 1815
San Diego, CA 92101-3576
(619) 234-0361
(619) 234-4786 fax
www.petersonprice.com
We have moved. Please note our new suite number.
CONFIDENTIALITY NOTICE: The information contained in this e-mail is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication and, as such, is LEGALLY PRIVILEGED & CONFIDENTIAL INFORMATION. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document (and any attachments) in error and that any review, dissemination, distribution or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail and delete and destroy all copies of the communication ( and any attachments). Unauthorized interception, review, use, disclosure or distribution is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. 2 February 20, 2024 Item 06
1 Young McManus Long Term Major Encroachment Permit EP-23-094 Findings and City Council Policy 110
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 by the applicant, 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 encroachment, 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 and result in a public benefit. Therefore, the proposed encroachments will not endanger the public health, safety, 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;
The intended use of the original alley dedication was for vehicular, public utility, and pedestrian use. However, the paper alley between Klish Way and Amphitheater Drive 3 February 20, 2024 Item 06
2 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 alley. Within the documentation found, there does not appear to be any limitation on the location to plant trees, bushes, or vegetation. 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 the applicants (Young/McManus), which authorized the previously installed existing concrete driveway, retaining walls, plantings, trees, and other improvements and enhancements to the area. There is nothing that was done in the past by previous owners, and nothing that is there now which prohibits the public from enjoying the paper alley. Prior to the applicants removal of the invasive Arundo, there was a real fire hazard and virtually no access to the area in question. The applicants/owners have posted a sign adjacent to Klish Way inviting the public, as well as another 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 encroachments that encourage public use and access do not unreasonably interfere with its originally 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. (Also see finding 1 above.)
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, gravel detention area, and drainage improvements do not 4 February 20, 2024 Item 06
3 have any adverse impact on the welfare of the community or the community’s appearance or aesthetics. First, the proposed encroachments cannot even be seen from either the public street below, Klish Way or Amphitheater Drive located above. Second, the improvements are actually beneficial to the welfare of the community. Before the encroachments were placed, the area was overrun with 20 ft tall invasive Arundo, trash, debris, uncontrolled runoff, drainage, and erosion. The fire danger has been mitigated by the applicants’ removal of the invasive Arundo and the encroachments dramatically improve public access to, as well as the appearance of the area. The existing landscaping and improvements have improved the appearance of the natural corridor through the hillside and neighborhood. The vegetation and the trees proposed by this EP-23-094 also help retain the soil and improve air quality and provide a lovely nesting area for local and seasonal birds. Therefore, the proposed encroachments provide a public benefit and will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics. (Also see findings 1 and 2 above and 4-6 below.) 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, with the encroachments and improvements, can now be enjoyed by the neighbors and surrounding community for generations to come. The public is welcomed with signage near Klish Way with another “Public Access Path” sign halfway up. The area is nicely maintained for the public to enjoy a quiet moment in 5 February 20, 2024 Item 06
4 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 beneficial to the character of the community and therefore represent a public benefit. Therefore, the proposed Encroachment will not cause an unnecessary change in the character of the community. (Also see findings 1-3 above and 5-6 below.) 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 these encroachments are detrimental to the interests of the general public and instead the encroachments provide a public benefit. Removing all the vegetation and improvements and replacing it with hydro seed (which will not last), would be unsightly and not be in the best interest of the general public. The Park and Rec 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 with this Encroachment Permit 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. (Also see findings 1-4 above and 6 below.) 6) The proposed Encroachment will not convert significant areas of public property to private use.
6 February 20, 2024 Item 06
5 The City’s “paper” right of way has never been utilized, maintained, or improved. In 1973, the City issued an Encroachment Permit to the previous owner (Lancor). 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. There is nothing that was done in the past, and nothing that is there now in the new EP-23-094 area which prohibits the public from walking in and enjoying the area. In fact, the applicants/owners have posted a sign adjacent to Klish Way inviting the public and another “Public Access Area” sign where these encroachments start. The public access path has also been maintained. The back area of the paper alley for this EP-23-094 cannot 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 fence, wall, or other obstruction which deters the public from access. With the removal of the Arundo, a significant area of public property was re-established for public use. There is no appearance of privatization from any public street that discourages the public. In fact, the public is invited 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. The City Council imposed 2 conditions upon the approval. First, the Pittosporum trees cannot 7 February 20, 2024 Item 06
6 exceed 15ft in height (measured from where the trunk hits the soil). Second, every other Pittosporum shall be removed (taking into consideration credit for the Pittosporum trees already removed) in order to “open it up a bit” and mitigate any perception that the Pittosporum is a vegetative barrier. With these two additional conditions there is no conversion of public property for private use. Therefore, the proposed encroachments will not convert significant areas of public property to private use. (Also see findings 1-5 above and Council Policy discussion below.)
City Council Policy 110: Private Encroachments into City Right-of-Way It is the City policy that proposals for 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. • Examples listed in the policy as being inappropriate encroachments include fences, hedges or vegetation that would create the impression that the “walled-off” area is private vs. public property.
In 1973, the City issued an Encroachment Permit to the previous owner (Lancor). 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. These existing permitted encroachments are the encroachments that are visible to the public. With this EP-23-094 there is nothing that was done in the past, and nothing that is there now which gives the impression or appearance that the added encroachment area authorized under EP-23-094 is owned or reserved solely for the applicants. 8 February 20, 2024 Item 06
7 In fact, the applicants/owners have posted a sign adjacent to Klish Way inviting the public and another “Public Access Area” sign where the EP-23-094 requested encroachments start. Again, the back area of the paper alley where EP-23-094 starts cannot even be seen from either Klish Way or Amphitheater Drive, so there is no “impression or appearance” of any privatization.
The trees, landscaping, public path, wood stairs, rose garden, short sight walls, gravel detention area, and drainage improvements do not create the impression that the area is walled off or private. There is no appearance of privatization from any public street that discourages the public from entering the area. In fact, the public is invited in to enjoy this natural and peaceful setting. The removal of the vegetation, the habitat for birds, and to denude this beautiful setting that is maintained for public use would do nothing to reestablish the area as public property and would be a detriment to the community. The encroachments are actually beneficial to the welfare of the community and dramatically improve public access to as well as the appearance of the area. As stated in the EP-23-094 findings, the proposed encroachments have, and still do result in many public benefits to the community in satisfaction of City Council Policy 110. (Also see EP-23-094 findings 1-6 for additional evidence.)
9 February 20, 2024 Item 06