Del Mar City Council Meeting Agenda Del Mar Communications Center 240 Tenth Street, Del Mar, California

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1 Del Mar City Council Meeting Agenda Del Mar Communications Center 240 Tenth Street, Del Mar, California Sherryl Parks Mayor Terry Sinnott Deputy Mayor Al Corti Council Member Don Mosier Council Member Dwight Worden Council Member Scott W. Huth City Manager Leslie E. Devaney City Attorney Andrew J. Potter Administrative Services Director Kathleen A. Garcia Planning and Community Development Director Regular Meeting Tuesday, January 19, 2016 at 5:00 p.m. PLEASE NOTE THE EARLY START TIME It is the intention of your City Council to be receptive to your concerns about your community. Your participation in local government will assure a responsible and efficient City of Del Mar. Regular Meetings of the City Council are held on the first and third Mondays of the month beginning at 6:00 p.m. Council meetings are occasionally held on the second Mondays and/or special meetings called. For further information regarding the scheduling of meetings or meeting agendas, check the City s website at or call the Administrative Services Department at (858) You may sign up on the City s website for notifications of public meetings. A full City Council agenda packet with all backup information is available at City Hall, the Del Mar Library, and on the City s web site the Friday before each Council meeting. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at City Hall at 1050 Camino del Mar during normal business hours and are posted online as Red Dots. Consent Calendar: Items on the Consent Calendar will be enacted in accordance with the recommendations in one motion unless removed from the Consent Calendar by Council, staff, or a member of the public. If you wish to remove an item from the Consent Calendar, please submit a Speaker Slip to the City Clerk prior to the meeting. Removed items will be considered after the motion to approve the Consent Calendar. How to Speak at a Council Meeting: Anyone may address the City Council for up to three minutes, at the Mayor s discretion, on items on the Agenda. Please submit a Speakers Slip 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. The Agenda item number being addressed should appear on the speaker slip. The Mayor will call you forward at the appropriate time. To speak on a City-related concern that is NOT on the Agenda, please complete a Speaker Slip and submit it to the City Clerk prior to the beginning of the meeting. You will be called forward during the ORAL COMMUNICATIONS portion of the agenda. When addressing the Council, please step up to the podium and state your name and address for the record. Each speaker will have up to three minutes to speak at the discretion of the Mayor. Whenever possible, lengthy testimony should be presented to the Council in writing and only pertinent points presented orally. Agenda items MAY be addressed in any order at the discretion of the Mayor. Special Needs: 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) Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. As a courtesy to all meeting attendees, please set cellular phones to silent mode and engage in conversations outside the Council Chambers.

2 Agenda Page 2 I. CALL TO ORDER/ROLL CALL II. III. PLEDGE OF ALLEGIANCE ORAL COMMUNICATIONS Each person wishing to speak before the City Council on any matter shall submit a Speaker Slip to the City Clerk. When the Mayor recognizes you, please come forward and state your name and address. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and you may be asked clarifying questions about your issue. Your information 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. IV. GOVERNING BODY ACTIONS AND COMMENTS V. CITY MANAGER S REPORT VI. COMMUNITY ANNOUNCEMENTS AND PRESENTATIONS VII. 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 considered separately at the end of the agenda. 1. Approval of Minutes: January 4, 2016 Regular and Special Meetings Recommended Action: Approve Minutes. Reference: Clerk s Minutes Book 2. Ratification of List of Demands, dated January 19, 2016 Recommended Action: Ratify the Lists of Demands. Reference: Clerk s File No Waiver of Reading of Ordinances on Agenda Recommended Action: Waive reading of ordinances. Reference: Clerk s File No

3 Agenda Page 3 4. Second Reading and Adoption of an Ordinance Amending Del Mar Municipal Code (DMMC) Chapter to Comply with the Revised State of California Model Water Efficient Landscape Ordinance Recommended Action: Staff recommends that the City Council read the title and adopt the following Ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL MAR UPDATING CHAPTER TO THE MUNICIPAL CODE RELATING TO WATER EFFICIENT LANDSCAPING Reference: Clerk s File No , Resolution Adopting Revisions to the City Council Legislative Policy Guidelines Recommended Action: It is recommended that the City Council adopt the proposed resolution adopting revisions to the City s Legislative Policy Guidelines. Reference: Clerk s File No Resolution Permitting Receipt of CalRecycle Beverage Recycling Grant Funds Recommended Action: Adopt the proposed resolution to permit the City to receive CalRecycle Beverage Recycling Grant funds. Reference: Clerk s File No ; Award of Construction Contract for the Powerhouse Restroom Rehabilitation Project Recommended Action: Staff recommends that the City Council adopt the proposed Resolution authorizing the City Manager to: (1) execute a contract for construction services in the amount of $132,160 with The Richards Group for the Powerhouse Restroom Rehabilitation Project; (2) authorize changes to the contract in an additional not-to-exceed amount of $12,840 for unforeseen construction changes; and 3) amend the Fiscal Years and Operating and Capital Budget. Reference: Clerk s File No

4 Agenda Page 4 8. Approval of an Engineering Services Contract for the Citywide Wastewater Infrastructure Rehabilitation Project Recommended Action: Staff recommends that the City Council authorize the City Manager to execute a contract for engineering design services with Harris & Associates for the Citywide Wastewater Infrastructure Rehabilitation Project in the amount of $177,040 and authorize amendments to the contract for an additional not-to-exceed amount of $32,960 for unforeseen design changes. Reference: Clerk s File No Adoption of a Resolution Ratifying the Director of Emergency Services (City Manager) Proclamation of the Existence of a Local Emergency Due to the Anderson Canyon Bluff Erosion and Damaged Storm Drain Along Camino del Mar Road, between 4th Street and Carmel Valley Road Recommended Action: Adopt the proposed resolution to ratify the Director of Emergency Services (City Manager) Proclamation of the Existence of a Local Emergency due to bluff erosion and damaged storm drain along Camino del Mar Road, between 4th Street and Carmel Valley Road. Reference: Clerk s File No , VIII. PUBLIC HEARINGS 10. Adoption of an Urgency Ordinance for the Ban on Commercial Cultivation, Delivery/Distribution, and Processing of Medical Marijuana in the City of Del Mar Recommended Action: Staff recommends that the City Council: (1) Receive the report and consider issues relating to commercial cultivation, delivery/distribution, and processing of medical marijuana; (2) Receive the report on new state legislation authorizing local regulation of commercial medical marijuana (a.k.a. medical cannabis) uses; (3) Adopt the proposed urgency ordinance that would establish a ban on the commercial cultivation, delivery/distribution, and processing of medical marijuana. This would allow time for the City to study the potential amendment of the ordinance to allow additional medical marijuana uses within the City limits. Reference: Clerk s File No , 401-9

5 Agenda Page Initial Consideration of an Appeal of the Design Review Board s Decision Conditionally Approving Administrative Design Review Permit ADR for Improvements Associated with a Proposed Beer Manufacturing Facility, Tasting Room, and Restaurant with an Outdoor Patio Located in the North Commercial Zone Project Applicant: Charles Koll, Vigilante Brewing Company Project Appellant: Al Corti Property Owner: McHugh Family Trust Project Location: 2201 San Dieguito Drive (APN ) Recommended Action: That the City Council review the appeal request and not set the matter for a de novo hearing, thereby upholding the Design Review Board s conditional approval of Administrative Design Review permit ADR for tenant improvements at 2201 San Dieguito Drive in the North Commercial (NC) Zone (Attachment A). Reference: Clerk s File No CONTINUED FROM OCTOBER 5, 2015: A Request to Authorize Previously-Constructed Planter Walls, Entry Columns with Walls, Walkway, Landscaping, and Cobble Gutter Within the Public Right-of- Way Adjacent to 545 Rimini Road (Encroachment Permit EP15-048) (continued from October 5, 2015) Applicant: Gala Yayla (APN ) Recommended Action: Authorize the City Manager to conditionally approve the Encroachment Permit (EP) request subject to the suggested conditions of approval in Attachment A. The suggested conditions would require a revision to the wall and landscaping and require a covenant be recorded on the property acknowledging the owner s responsibilities associated with the encroachments. This item was continued from the October 5, 2015 City Council meeting. Reference: Clerk s File No

6 Agenda Page 6 IX. CITY COUNCIL OTHER BUSINESS 13. Shores Park Master Plan Report on Phase Two and Request for City Council Affirmation of Three Initial Bubble Diagram Concept Designs TIME CERTAIN - 6:00 P.M. Recommended Action: Staff recommends that the City Council receive this report on the status of the Shores Park Master Plan, receive Schmidt Design Group s presentation on the three initial concept designs ( bubble diagrams ); affirm if all three concepts represent what has been heard from the community in order to proceed with further development of the three concepts to vet with the community, beginning at the March 2016 community workshop; and review next steps for Phase Three of the Master Plan effort. Reference: Clerk s File No Community Forum on the City Hall/Town Hall Project Design TIME CERTAIN - 6:30 P.M. This is an open forum for short presentations or comments by community members regarding the design of the City Hall/Town Hall Project. Community members are provided an opportunity to speak for up to 3 minutes to share their comments about the project s design, with the overall Forum not to exceed 30 minutes. 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 and must be provided beforehand. 15. CONTINUED FROM JANUARY 4, 2016: Continuation of Hearing for the Adoption of a Resolution Approving a Design Review Permit (DRB15-017), Coastal Development Permit (CDP15-010), Land Conservation Permit (LC15-008), and Tree Removal Permit (TRP15-014) for the City Hall/Town Hall/Plaza Project located at 1050 Camino del Mar in the Public Facilities Zone along with Potential Design Changes to Address Community Comments TIME CERTAIN 7:00 P.M. Recommended Action: Review the recommendations by the Design Review Board (DRB) from their December 16, 2015 hearing and recommendations based upon further circulation and operations investigations, hear public testimony, confirm the project description, and adopt the revised resolution to approve DRB15-017, CDP15-010, LC15-008, and TRP for the City Hall/Town Hall/Plaza Project (Attachment A) based upon the certified Environmental Impact Report (certified January 4, 2016). Designate two

7 Agenda Page 7 Councilmembers to serve as the subcommittee for any subsequent Determination of Substantial Conformance (DSC). Reference: Clerk s File No CONTINUED FROM JANUARY 4, 2016: Council Review and Discussion of City Goals and Priorities for 2016 (Parks/Sinnott) Recommended Action: This item is being continued to a future Council meeting. Reference: Clerk s File No X. COUNCIL PRIORITIES REPORTS 17. A Council member assigned as a Liaison to a Subcommittee or 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 this agenda. A. 22 nd District Agricultural Association - Community Relations Committee (Corti/Mosier) B. Ad-Hoc Development Review Process Citizens Advisory Committee (Mosier/Worden) C. Ad-Hoc San Dieguito Double Track Project Committee (Parks/Worden) D. Business Support Advisory Committee (Corti/Mosier) E. Capital Improvement Projects Subcommittee (Mosier/Corti) F. City Hall Project Subcommittee (Corti/Mosier) G. CSA-17 Ambulance District Advisory Board (Parks/Corti) H. Fairgrounds Master Plan/EIR Advisory Committee (Sinnott/Corti) I. Finance Committee (Corti/Sinnott) J. Fire Services Subcommittee (Sinnott/Parks) K. Housing Element Advisory Committee (Mosier/Worden) L. Human Resources Subcommittee (Corti/Sinnott) M. LAFCO Cities Advisory Committee (Corti/Parks) N. League of California Cities San Diego Chapter (Corti/Parks) O. Legislative Advocacy Subcommittee (Mosier/Sinnott) P. North San Diego County Transit Development Board (NCTD) (Mosier/Corti) Q. Parks and Recreation Committee (Sinnott/Parks) R. Planning Process Subcommittee (Corti/Mosier) S. Regional Solid Waste Association (Sinnott/Mosier) T. San Diego Association of Governments (Sinnott/Worden) SANDAG Quality of Life Initiative Recommended Action: Receive oral report. Reference: Clerk s File No

8 Agenda Page 8 U. San Diego Metropolitan Wastewater Commission (Parks/Minicilli) V. San Dieguito Lagoon Committee (Mosier/Worden) W. San Dieguito River Valley Regional Open Space JPA (Mosier/Worden) X. Sea-Level Rise Stakeholder-Technical Advisory Committee (STAC) (Mosier/Worden) Y. Shores Advisory Committee (Parks/Sinnott) Z. SONGS (San Onofre Nuclear Power Station) Subcommittee (Mosier/Worden) AA. Sustainability Advisory Board (Mosier/Worden) BB. Traffic and Parking Advisory Committee (Parks/Worden) Recommendation for TPAC Review of San Dieguito Intersection Improvement EIR Recommended Action: Receive oral report and provide direction. Reference: Clerk s File No CC. Other Committee-Subcommittee Reports XI. UPCOMING AGENDA ITEMS The following topics/items are planned for upcoming agendas. Please watch our web site: for City Council Agendas. 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 report. Please note that the wording for topics listed below may change once the final agenda is published. February 2016 Report on Fairgrounds Economic Impact Study Certification of the Environmental Impact Report for the Intersection Improvements at Jimmy Durante Boulevard and San Dieguito Drive Water Conservation Update XII. ADJOURNMENT CERTIFICATION I, Andrew Potter, Administrative Services Director for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on January 13, 2016 at approximately 5:05 p.m. January 13, 2016 Andrew Potter Date