Del Mar's City Council will meet behind closed doors Tuesday, Nov. 10, to discuss legal strategy on two cases and evaluate City Manager Ashley Jones.
The special closed session agenda, posted Nov. 5, lists a conference with legal counsel on two matters the city describes as posing "significant exposure to litigation." The first involves the city's 6th Cycle Housing Element implementation. The second concerns a de novo hearing on an appeal of Encroachment Permit 26-050.
The session begins at 3 p.m. at Del Mar Town Hall, 1050 Camino del Mar.
Housing element pressure
The housing element item carries particular weight. The California Department of Housing and Community Development (HCD) issued a corrective action letter Oct. 16 finding that Del Mar has failed to implement its contingency Program 1E, according to the city's agenda packet for the regular meeting that follows at 4:30 p.m.
HCD gave the city until Nov. 16 to provide a written response. If the city does not demonstrate it has implemented Program 1E, HCD may revoke its finding that Del Mar's housing element complies with state law or refer the matter to the California attorney general, the letter states.
The corrective action followed the 22nd District Agricultural Association's Aug. 18 vote to terminate an Exclusive Negotiating Rights Agreement with the city for affordable housing on Fairgrounds property. That agreement, signed in March 2024, had been the city's primary strategy for meeting its affordable-housing obligations. The Fairgrounds accounts for 30% of Del Mar's land area, and state jobs data used in the regional housing allocation process identified it as the city's largest employer, according to the agenda packet.
With that path closed, HCD directed Del Mar to rezone vacant sites on the North Bluff and South Stratford to cover a shortfall of 54 lower-income units under Program 1E.
Rezone action on the same night
At the 4:30 p.m. regular meeting, the council will consider a $10,000 contract amendment with consultant Moore Iacofano Goltsman, Inc. (MIG) to rezone 11.7 acres on the North Bluff. The two parcels, owned by Lazier (6.21 acres) and Whalen (5.5 acres), would shift from very low-density single-unit residential to a new RM-North zone allowing 20 to 25 dwelling units per acre under a "by right" process, the agenda packet states.
The council has discussed housing element litigation in closed session at least twice before. Minutes from the Aug. 25 session and the Oct. 6 session both list the 6th Cycle Housing Element Implementation as a significant-exposure item. Neither session produced a reportable action.
Encroachment permit and evaluation
The second litigation item involves Encroachment Permit 26-050, filed by Glynn and Colette Bolitho at 149 11th St. Jean Jacques Abitbol, represented by Jon Corn, appealed the permit from 1047 Stratford Ct., according to the regular meeting agenda. Staff recommends the council approve the permit. The council will hear the appeal as a public hearing item at the regular meeting and discuss legal strategy on the same case in closed session.
The closed session also includes a performance evaluation of City Manager Ashley Jones under Government Code Section 54957. No details of the evaluation will be made public unless the council takes a reportable action such as a change in compensation.
Mayor Tracy Martinez called the special meeting. Deputy Mayor John W. Spelich and council members Terry Gaasterland and Dan Quirk round out the body. City Attorney Christina Cameron is listed on the agenda.
Residents can comment on closed session items before the council goes behind closed doors, in person or via Zoom. Written comments must be emailed to [email protected] by noon Nov. 10. The next regular council meeting is scheduled for Dec. 1.
