Agenda, regular meeting, first session — Del Mar City Council, January 10, 2022 (part 1 of 2)

Table of Contents
2022-1-10 Regular Meeting Agenda
Item 2 - Minutes
Item 3 - List of Demands
Item 5 - AB361 Remote Meetings
Item 6 - Reso for FEMA Assistance (Living Levee)
Item 7 - Riverpath Grants
Item 8 - MP Compensation Plan Amendment- Agenda Report
Item 9 - Donation from Del Mar LIfeguard Association
Item 10 - CDBG application
Item 11 - Local Appointments
Item 12- Committee Efficiencies Taskforce- Agenda Report Item 13 - Pickleball Agenda Report
Item 14 - Resolution Citizens Initiative on Local Land Use Item 15 - Train Viability Resolution Agenda Report
Item 16 - Riverpath Design Agenda Report
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23 56
61 68
82 86
89 110
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Del Mar City Council Meeting Agenda

VIA TELECONFERENCE ONLY
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.

Remote Regular Meeting

VIA TELECONFERENCE ONLY
Monday, January 10, 2022 at 4:30 PM
In the interest of public health, and consistent with the provisions of Assembly Bill 361 (AB 361) and related resolutions adopted by the Del Mar City Council, the City of Del Mar is temporarily taking actions to mitigate the COVID-19 pandemic by holding City Council Meetings electronically or by teleconference. This is not an in-person meeting.

Public Participation/Comment
Members of the public can participate in the meeting by either submitting a written red dot comment via email to
[email protected] or by speaking live using the Zoom link and/or dial-in information provided below. 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. 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
While registration is not required, staff recommends members of the public submit an optional tele-comment request form (www.delmar.ca.us/telecomment) to assist with speaker
management during the meeting. For more information please visit: www.delmar.ca.us/publiccomment.

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 the Del Mar Library during their business hours.

Special Needs: In compliance with the Americans with Disabilities Act, if you need special assistance to participate remotely in this meeting, please contact the Dwight Worden
Mayor
Tracy Martinez
Deputy Mayor
Dave Druker
Council Member
Terry Gaasterland
Council Member
Dan Quirk
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Acting City Clerk
Del Mar City Council Regular Meeting January 10, 2022
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Administrative Services Department via email at [email protected] or by calling (858) 755-9313, preferably at least 48 hours in advance of the meeting if possible.

I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Public oral communications will take place shortly after the start of the meeting. Those wishing to comment on any matter not on the agenda may join the meeting at 4:30 PM using the Zoom link and dial-in information: https://us02web.zoom.us/j/84790910014; Phone: (669) 900-6833; Meeting ID: 847 9091 0014.

V. CITY COUNCIL COMMENTS
VI. COMMUNITY ANNOUNCEMENTS
VII. CITY MANAGER’S REPORT
VIII. PRESENTATIONS

1. Mayor’s State of the City Address
Recommended Action: Receive the presentation. There is no report for this agenda item.

Reference: Clerk’s File No. 401-1
IX. 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, staff, or the public so requests, in which event, the item will be considered separately.

2. Approval of Minutes: December 7, 2021 Special Meetings; December 13, 2021 Regular and Special Meeting
Recommended Action: Approve Minutes.

Reference: Clerk’s Minutes Book
Del Mar City Council Regular Meeting January 10, 2022
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

3. Ratification of List of Demands, dated January 10, 2022 Recommended Action: Ratify the List of Demands.

Reference: Clerk’s File No. 201-3

4. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.

Reference: Clerk’s File No. 401-4

5. Continuation of Remote Public Meetings in Compliance with Government Code Section 54953 (Assembly Bill 361)
Recommended Action: Staff recommends that the City Council adopt a Resolution (Attachment A) making the findings required by Government Code 54953 related to Assembly Bill 361 (AB 361) to continue with remote public meetings for the next thirty (30) days during the local emergency declared in response to the COVID-19 global pandemic.

Reference: Clerk’s File No. 401-7

6. Authorization to Request Federal Emergency Management Agency (FEMA) Hazard Mitigation Technical Assistance via the Building Resilient Infrastructure and Communities Program (BRIC) Related to Design of a Living Levee Conceptual Plan
Recommended Action: Staff recommends that the City Council: 1) Adopt a Resolution (Attachment A) authorizing staff to submit a letter of interest (Attachment B) to FEMA for technical assistance via the BRIC Program relating to the design of a conceptual plan for a living levee (vegetated berm) along the river banks of the San Dieguito River/Lagoon as part of the City’s Sea-Level Rise Adaptation Plan; and 2) Authorize the City Manager to execute the necessary documents.

Reference: Clerk’s File No. 1501-12

7. Authorization to Apply for Fiscal Year 2022-23 Neighborhood Reinvestment Program and Community Enhancement Grant Funds for the Riverpath Del Mar Extension Project Phase 3
Recommended Action: Staff recommends that the City Council: 1) Adopt a Resolution (Attachment A) approving the submittal of applications for Neighborhood Reinvestment Program Grant funding and Community Enhancement Grant funding to supplement the cost of design, environmental documentation, and environmental permitting for the Riverpath Del Mar Extension Del Mar City Council Regular Meeting January 10, 2022
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Project Phase 3; and 2) Authorize the City Manager to execute the necessary documents.

Reference: Clerk’s File No. 201-13, 702-12

8. Approval of an Amendment to the Management and Professional Compensation Plan
Recommended Action: Staff recommends that the City Council adopt the Resolution (Attachment A) amending the Fiscal Year 2021-2022 Management and Professional Compensation Plan to reflect the new City Manager’s approved salary.

Reference: Clerk’s File No. 5021

9. Acceptance of a Donation from the Del Mar Lifeguard Association Recommended Action: It is recommended that the City Council accept a donation of $17,000 from the Del Mar Lifeguard Association to be used to purchase a lifeguard boat and engine as further described in Attachment A, and amend the Fiscal Year 2021-22 Operating and Capital Budget as indicated in the Fiscal Impact section of this report.

Reference: Clerk’s File No. 201-16
X. PUBLIC HEARINGS

10. Resolution Authorizing the Submittal and Processing of an Application for the Fiscal Years 2022-2023 through 2026-2027 Community Development Block Grant Funding for Reconstruction of Sidewalks, Walkways, and Pedestrian Ramps to Meet ADA Compliance
Recommended Action: Staff recommends that the City Council conduct a public hearing and adopt a Resolution (Attachment A) authorizing submittal and processing of a combined application (Attachment B) for the Fiscal Years 2022- 2023 through Fiscal Year 2026-2027 Community Development Block Grant (CDBG) program.

Reference: Clerk’s File No. 201-13
XI. COUNCIL MEETING RECESS
Del Mar City Council Regular Meeting January 10, 2022
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XII. CITY COUNCIL OTHER BUSINESS

11. City Council Local and Regional Appointments for 2022 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 2022 from among its members to the identified regional and local boards, commissions, committees and subcommittees; and identify and authorize the elimination of any committees or subcommittees that are no longer deemed necessary.

Reference: Clerk’s File No. 401-1

12. Continuation of Committee Efficiencies Taskforce Report and Recommendations
Recommended Action: Mayor Worden and Deputy Mayor Martinez recommend that the City Council take the following actions related to the City’s committee system:
1) Adopt a Resolution rescinding prior committee charters and restating the revised charters as shown in Exhibits A-H to the Resolution (Attachment A).
2) Adopt a Resolution amending the Standard Operating Principles for Advisory Committees as shown in Exhibit A to the Resolution (Attachment B).
3) Adopt a Resolution amending City Council Policy 200 - City Council Advisory Committees, Boards and Commissions (Policy 200) and Policy 202 –Responsibilities and Expectations of Council Liaisons to City Advisory Committees and of Council Representatives to Outside Agencies as shown in Resolution Exhibits A and B respectively (Attachment C).
4) Discuss any other items related to the Committee Efficiencies Taskforce’s report and recommendations, as needed.

Reference: Clerk’s File No. 401-5

13. City Council Consideration of a Six-Month Pickleball Pilot Program Recommended Action: Staff recommends that the City Council approve a sixmonth pickleball pilot program at the Court Street Park in Del Mar.

Reference: Clerk’s File No. 1401-4
Del Mar City Council Regular Meeting January 10, 2022
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1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

14. Consideration of a Resolution Supporting Proposed Citizens’ State Ballot Initiative on Local Land Use Decisions
Recommended Action: Deputy Mayor Martinez and Councilmember Gaasterland request that the City Council adopt a Resolution (Attachment A) supporting the “Brand-Huang-Mendoza Tripartisan Land Use Initiative” (Land Use Initiative) regarding local land use decisions filed with the State of California for the November 2022 General Election.

Reference: Clerk’s File No. 401-7

15. Proposed Resolution Supporting Efforts to Analyze and Better Under- stand the Long-Term Train Viability
Recommended Action: Deputy Mayor Martinez and Councilmember Quirk recommend that the City Council adopt a Resolution (Attachment A) supporting efforts to analyze and better understand the long-term train viability, usefulness, social equity, and alternative uses of the train tracks and related services.

Reference: Clerk’s File No. 1506-20

16. Policy Discussion Regarding Timing to Complete Formal Design of Phase 3 of the Riverpath Del Mar Extension Project
Recommended Action: As requested by Councilmember Dan Quirk, staff recommends that the City Council discuss and provide direction to staff about the concept to proceed with the formal design of the Riverpath Del Mar Extension Project Phase 3 (Phase 3) prior to the City Council and/or California Coastal Commission (CCC) consideration of environmental review and permits for the project.

Reference: Clerk’s File No. 702-12
XIII. 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/Druker) D. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Druker/Martinez) E. League of California Cities – San Diego Chapter (Worden/Martinez) F. North County Transit District (NCTD) (Quirk/Gaasterland) G. Regional Solid Waste Association (Worden/Quirk)
Del Mar City Council Regular Meeting January 10, 2022
Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us H. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Druker/Quirk)
I. SANDAG Borders Committee (Druker)
J. SANDAG Shoreline Preservation Working Group (Worden/Gaasterland) K. San Diego Metropolitan Wastewater JPA Advisory Committee to San Diego (Quirk/Bride)
L. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Worden/Quirk)
M. Other Regional Organization Reports
XIV. 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. Ad-Hoc Referendum Subcommittee (Gaasterland/Druker)
B. Arts Advisory Committee (Druker/Worden)
C. Business Support Advisory Committee (Gaasterland/Martinez) D. Clean Water Rate Project (Druker, Quirk)
E. Committee Efficiencies Task Force (Martinez/Worden)
F. Del Mar Community Connections (Martinez/Quirk)
G. Del Mar Village Association (Druker/Quirk)
H. Finance Committee (Gaasterland/Quirk)
I. Housing Subcommittee (Gaasterland/Martinez)
J. Human Resources Subcommittee (Druker/Worden)
K. Legislative Subcommittee (Gaasterland/Druker)
L. Long Term Rail Relocation Subcommittee (Gaasterland, Quirk) M. Measure Q Citizen Oversight Committee (Druker/Quirk) N. Parks and Recreation Committee (Druker/Worden)
O. Planning Process Subcommittee (Druker/Gaasterland)
P. Safe Rail Crossing and Bluff Stabilization Subcommittee (Gaasterland/Quirk) Q. San Dieguito Lagoon Committee (Quirk/Worden)
R. Sea-Level Rise Adaptation Plan Implementation Subcommittee (Gaasterland/Martinez)
S. Shores Advisory Committee (Gaasterland/Martinez)
T. Solid Waste Procurement Services Ad-Hoc Subcommittee (Quirk/Worden) U. Sustainability Advisory Board (DrukerWorden)
V. Traffic and Parking Advisory Committee (Martinez/Worden) W. Undergrounding Project Advisory Committee (Gaasterland/Quirk) X. Other Committee-Subcommittee Reports
XV. 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.

Del Mar City Council Regular Meeting January 10, 2022
Agenda Page 8
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us February 7, 2022
Presentation on the San Dieguito River Park’s W-19 project (Tentative) AB361 Remote Public Meetings Resolution
Authorization to Purchase AutoPulse System (CPR Machine) With Available CSA-17 Funds Design Review Board Interviews and Appointments
Adoption of Updates to the City's Parking Bail Schedule Award of Construction Contract for Tewa Project and Final Resolution for Utilty Undergrounding District Award of Contract for Solid Waste and Call for Public Hearing Discussion Regarding the Regional Housing Needs Assessment (RHNA) Allocation for Del Mar Complaint Under Policy 204: Supplemental Code of Civil Discouse (Tentative) Fire Department - Standards of Cover Study and Administrative/Management Study (Tentative) XVI. CERTIFICATION
I, Sarah Krietor, Acting City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 5th day of January, 2022, at approximately 4:20 p.m.
___________________________________________ 1/5/2022
Sarah Krietor, Acting City Clerk Date

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES
DECEMBER 7, 2021
Via Teleconference
1050 Camino del Mar, Del Mar, California

CALL TO ORDER
Mayor Gaasterland called the meeting to order at 3:17 P.M.

ROLL CALL

Present: Mayor Terry Gaasterland; Deputy Mayor Dwight Worden; Councilmembers Dave Druker, Tracy Martinez and Dan Quirk

CITY COUNCIL BUSINESS
ITEM 1: SANDAG PRESENTATION - UPDATE ON THE DEL MAR BLUFF 5 PROJECT DESIGN (CLERK’S FILE NO. 1404-2, 1506-1)
A presentation was provided by San Diego Association of Governments (SANDAG) Senior Engineer Allie DeVaux and Principal Engineer & Corridor Director Bruce Smith.

Council questions focused on mitigation planning; erosion; piles design height; details of the California Coastal Commission’s (CCC) formula for calculating sand and recreation loss; timing for the Del Mar Bluff 5 Project (Project) federal consistency permits and CCC hearings; process and timing for SANDAG staff to respond to resident and City questions and comments related to the Project; whether the CCC mitigation formula takes into consideration loss of walkable portions of the beach; whether the seawalls are still being designed to be removed; mitigation fund spending related to the Project; cost estimate of the Del Mar Bluff 5 and 6 projects; clarification of the linear feet of seawall in the old and new project design plans; cost of emergency repairs; and clarification on the anticipated timeframe for the project.

Mayor Gaasterland opened the item to public comment and the following people spoke:
1) Drew Cady
2) Ulla Camilla Rang
3) John Stahl
4) Al Tarkington
Mayor Gaasterland closed the item to public comment.

Council discussion focused on expressing appreciation to SANDAG staff for their time and the changes that have been made to the design plans; low ridership numbers of the Coaster and Surfliner; use of seawalls versus piles in the project; relationship of the project to the tunnel project; and concerns about loss of beach access during high tide as a result of the project.

ITEM 2: COMMITTEE EFFICIENCIES TASKFORCE REPORT AND
RECOMMENDATIONS (CLERK’S FILE NO. 401-5)
A presentation was provided by Management Analyst/Acting City Clerk Sarah Krietor. Interim City Manager Ashley Jones was available to answer questions. 1 January 10, 2022 Item 02

SPECIAL MEETING MINUTES
December 7, 2021

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Council questions and discussion focused on the proposed 2022 Advisory Committee Schedule; Council desire for more time to evaluate the committee charters and policies and procedures related to the City’s Advisory Committees; clarification on the recommended action related to the Undergrounding Project Advisory Committee; consideration of routing the charters through the advisory committees; clarification on the proposed term extensions; and consideration of an amendment to City Council Policy 202 related to Council representative report outs on regional organizations.

Council direction was for Deputy Mayor Worden and Councilmember Martinez to return to the City Council with the proposed Committee charters, revised Standard Operating Principals for Advisory Committees, and City Council Policy 200 and 202 at the January 10, 2022 City Council meeting.

There were no public speakers for this item.

IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY MAYOR GAASTERLAND TO ADOPT RESOLUTION 2021-50, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF DEL MAR, CALIFORNIA, DISSOLVING THE BUSINESS SUPPORT ADVISORY COMMITTEE”; PLACE THE SHORES ADVISORY COMMITTEE ON HOLD UNTIL SUCH TIME THAT THE PARK MASTER PLANNING EFFORT RESUMES; DIRECT THE UTILITY

UNDERGROUNDING PROJECT ADVISORY (UPAC) COMMITTEE LIAISONS, MAYOR

GAASTERLAND AND COUNCILMEMBER QUIRK, AND STAFF TO REEVALUATE THE UPAC’S MISSION/PURPOSE AND RETURN TO COUNCIL WITH RECOMMENDATION(S) FOR COUNCIL CONSIDERATION, AND TO PUT UPAC ON HOLD UNTIL THAT TIME; RETURN TO COUNCIL ON JANUARY 10, 2022 WITH THE RESOLUTION RESCINDING PRIOR

COMMITTEE CHARTERS AND RESTATING THE REVISED CHARTERS AS SHOWN IN EXHIBITS A-H TO THE RESOLUTION (ATTACHMENT B). (VOTE 5-0) Ayes: Mayor Gaasterland, Deputy Mayor Worden, and Councilmembers Druker, Martinez and Quirk; Noes: 0; Absent: 0; Abstain: 0.

IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY MAYOR GAASTERLAND TO APPROVE THE 2022 ADVISORY COMMITTEE MEETING SCHEDULE WITH

MODIFICATION TO CANCEL ARTS ADVISORY COMMITTEE AND TRAFFIC AND PARKING ADVISORY COMMITTEE NOVEMBER MEETINGS. (VOTE 5-0)
Ayes: Mayor Gaasterland, Deputy Mayor Worden, and Councilmembers Druker, Martinez and Quirk; Noes: 0; Absent: 0; Abstain: 0.

IT WAS MOVED BY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER DRUKER

TO EXTEND THE TERMS OF THE MEMBERS OF THE PARKS & RECREATION,

SUSTAINABILITY, AND TRAFFIC & PARKING ADVISORY COMMITTEES BY EACH MEMBER’S REMAINING BALANCE OF THEIR TERM AS OF APRIL 1, 2020, EFFECTIVE JANUARY 1, 2022. (VOTE 5-0)
Ayes: Mayor Gaasterland, Deputy Mayor Worden, and Councilmembers Druker, Martinez and Quirk; Noes: 0; Absent: 0; Abstain: 0.

IT WAS MOVED BY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER MARTINEZ TO ADOPT RESOLUTION 2021-51, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF DEL MAR, CALIFORNIA, ADOPTING A SUPPLEMENTAL POLICY TO THE DEL MAR CODE OF CIVIL DISCOURSE.” (VOTE 5-0)
2 January 10, 2022 Item 02

SPECIAL MEETING MINUTES
December 7, 2021

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Ayes: Mayor Gaasterland, Deputy Mayor Worden, and Councilmembers Druker, Martinez and Quirk; Noes: 0; Absent: 0; Abstain: 0.

IT WAS MOVED BY DEPUTY MAYOR WORDEN, SECONDED BY COUNCILMEMBER

MARTINEZ TO REVIEW THE OPERATIONAL RECOMMENDATIONS RELATED TO ANNUAL

COMMITTEE CHAIR TRAINING, REVISIONS TO HANDOUTS FOR COMMITTEE OFFICERS, AND THE REVISED CITIZEN INTEREST FORM. (VOTE 5-0)
Ayes: Mayor Gaasterland, Deputy Mayor Worden, and Councilmembers Druker, Martinez and Quirk; Noes: 0; Absent: 0; Abstain: 0.

ITEM 3: AFFIRMING THE CITY’S IMPLEMENTATION PROCESS OF SENATE BILL 9 (CLERK’S FILE NO. 303-1)
A presentation was provided by Planning & Community Development Director Joseph Smith.

Council questions focused on the use of the City’s housing consultants and housing special counsel on this resolution; what other cities are doing related to Senate Bill 9 implementation; and timing of this item related to objective design standards.

There were no public speakers for this item.

IT WAS MOVED BY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER DRUKER TO ADOPT RESOLUTION 2021-52, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, TO AFFIRM THE CITY’S IMPLEMENTATION PROCESS OF SENATE BILL 9 (SB 9) PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTIONS 65852.21, 66411.7 AND 66452.6”. (VOTE 5-0)
Ayes: Mayor Gaasterland, Deputy Mayor Worden, and Councilmembers Druker, Martinez and Quirk; Noes: 0; Absent: 0; Abstain: 0.

ITEM 4: PROPOSED CITIZENS’ INITIATIVE ON LOCAL LAND USE DECISIONS (CLERK’S FILE NO. 302-7, 402-8)
A presentation was provided by Planning & Community Development Director Smith and Sean McReynolds from Townsend Public Affairs.

There were no public speakers for this item.

Council discussion focused on future consideration of a resolution in support of the Citizens’ initiative and League of California Cities input on the proposed citizens’ initiative.

Council direction was for Mayor Gaasterland and Councilmember Martinez to bring a proposed resolution back to Council at the January 10, 2022 meeting.

ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 5:52 P.M.

Sarah Krietor, Acting City Clerk
3 January 10, 2022 Item 02

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES
DECEMBER 7, 2021
Via Teleconference
1050 Camino del Mar, Del Mar, California

CALL TO ORDER
Mayor Gaasterland called the meeting to order at 2:15 P.M.

ROLL CALL

Present: Mayor Terry Gaasterland; Deputy Mayor Dwight Worden; Councilmembers Dave Druker, Tracy Martinez and Dan Quirk

CLOSED SESSION
A) Conference with Legal Counsel – Existing Litigation
North County Transit District – Verified Petition for Declaratory Order Surface Transportation Board Finance Docket No. 36433
Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None.

B) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: One
Authority: Government Code Section 54956.9(b)
Reportable Action: None.

ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 3:15 P.M.

Sarah Krietor, Acting City Clerk
4 January 10, 2022 Item 02

CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
DECEMBER 13, 2021– VIA TELECONFERENCE ONLY
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 Gaasterland called the Regular Meeting to order at 4:30 p.m.

ROLL CALL

Present: Mayor Terry Gaasterland; Deputy Mayor Dwight Worden; Councilmembers Dave Druker, Tracy Martinez and Dan Quirk

CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that there were no recusals or reportable actions at the December 7, 2021, City Council closed session meeting. For the December 13, 2021, City Council closed session meeting there were no reportable actions and Councilmember Druker was recused from Item D due to living within 500 feet of the subject matter of that discussion.

PLEDGE OF ALLEGIANCE
Boy Scout Pack 720 led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
None.

CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Druker reported that unfortunately the Penguin Plunge will be cancelled this New Year’s Day due to ongoing concerns related to COVID-19. Deputy Mayor Worden reported on and thanked the Rotary Club of Del Mar’s for their efforts in refinishing the benches in town. Mayor Gaasterland reported on last week’s tree lighting ceremony.

CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the meet and greet held on December 2, 2021, with Sheriff’s Captain Dustin Lopez and the City’s free self-service sandbag program open from 7:30am-3:30pm Monday- Friday.

PRESENTATIONS
ITEM 1: PRESENTATION BY SAN DIEGO GAS AND ELECTRIC ON THE DEL MAR RECONFIGURATION PROJECT (CLERK’S FILE NO. 1002-3)
5 January 10, 2022 Item 02
City Council Regular Minutes
December 13, 2021

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Assistant City Manager Kristen Crane introduced the item and a presentation was provided by San Diego Gas and Electric (SDG&E) staff including Product Manager Kelli Fitzgerald, Public Affairs Manager Joe Gabaldon, and Regional Public Affairs Manager Todd Voorhees.

Council questions focused on how this project will impact the 2022 Fair and Fairground’s operations; clarification on Via de la Valle lane closures related to project; potential impacts of the project on the San Dieguito Lagoon; details of the power outage in Del Mar that occurred on December 13, 2021; and clarification on which lines will be undergrounded, including transmission lines.

CONSENT CALENDAR
Mayor Gaasterland 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 MAYOR GAASTERLAND TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 9, AND 11-15. (VOTE 5-0) Ayes: Mayor Gaasterland, Deputy Mayor Worden, and Councilmembers Druker, Martinez and Quirk; Noes: 0; Absent: 0; Abstain: 0.

ITEM 2: APPROVAL OF MINUTES: APPROVAL OF MINUTES: NOVEMBER 15, 2021 AND NOVEMBER 19, 2021 REGULAR MEETINGS, NOVEMBER 15, 2021 SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.

ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED DECEMBER 13, 2021 (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.

ITEM 5: CONTINUATION OF REMOTE PUBLIC MEETINGS IN COMPLIANCE WITH GOVERNMENT CODE SECTION 54953 (ASSEMBLY BILL 361) (CLERK’S FILE NO. 401-7)
Council adopted resolution 2021-53, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF DEL MAR, CALIFORNIA, MAKING FINDINGS REQUIRED UNDER GOVERNMENT CODE SECTION 54953 RELATED TO ASSEMBLY BILL 361 IN ORDER

TO CONTINUE THE USE OF TELECONFERENCE OR A REMOTE MEETING PLATFORM TO FACILITATE REMOTE PUBLIC MEETINGS”, on consent.

ITEM 6: SECOND READING AND ADOPTION OF AN ORDINANCE: ZONE CODE AMENDMENT (ZA21-001)/LOCAL COASTAL PROGRAM AMENDMENT (LCPA21- 001) AMENDING DEL MAR MUNICIPAL CODE CHAPTER 30.80 (PARKING) RELATING TO OFF-STREET PARKING REQUIREMENTS (CLERK’S FILE NO. 401-4, 401-9, 905-2)
6 January 10, 2022 Item 02
City Council Regular Minutes
December 13, 2021

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Council adopted ordinance 982, “AN ORDINANCE OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING CHAPTERS 30.80.20 AND 30.80.30 OF THE CITY OF DEL MAR MUNICIPAL CODE RELATING TO THE REGULATION OF REQUIRED OFFSTREET PARKING”, on consent.

ITEM 7: ADOPT AN ORDINANCE TO AMEND CHAPTER 11.20 OF THE DEL MAR MUNICIPAL

CODE RELATING TO SOLID WASTE HANDLING, ORGANICS RECYCLING, AND EDIBLE FOOD RECOVERY (CLERK’S FILE NO. 401-4, 401-9, 906-9) Council adopted ordinance 983, “AN ORDINANCE OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING CHAPTER 11.20 OF THE DEL MAR MUNICIPAL CODE

RELATING TO SOLID WASTE HANDLING, ORGANICS RECYCLING, AND EDIBLE FOOD RECOVERY”, on consent.

ITEM 8: FIRST AMENDMENT TO AGREEMENT WITH TOWNSEND PUBLIC AFFAIRS FOR LEGISLATIVE ADVOCACY SERVICES (CLERK’S FILE NO. 406-1)
Council approved the First Amendment to the Agreement between the City of Del Mar and Townsend Public Affairs for legislative advocacy services, extending the Agreement for an additional two-year period ending January 11, 2024; and authorized the Interim City Manager to execute the First Amendment, on consent.

ITEM 9: RESOLUTION AUTHORIZING SUBMITTAL OF A FY 2023-24 PUBLIC BEACH

RESTORATION GRANT APPLICATION TO STATE PARKS DIVISION OF BOATING AND WATERWAYS (CLERK’S FILE NO. 201-13, 1404-1)
Council adopted resolution 2021-54, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF DEL MAR, CALIFORNIA, AUTHORIZING APPLICATION FOR CALIFORNIA

STATE PARKS DIVISION OF BOATING AND WATERWAYS PUBLIC BEACH RESTORATION GRANT FUNDS”, and authorized the Interim City Manager to execute the necessary grant documents, on consent.

ITEM 10: AUTHORIZE SUBMITTAL OF COASTAL DEVELOPMENT PERMIT APPLICATION TO

CALIFORNIA COASTAL COMMISSION FOR CITYWIDE PAID PARKING FACILITIES (CLERK’S FILE NO. 905-4, 1502-14)
The item was pulled from the Consent Calendar and Associate Planner Adriana Jaramishian provided a presentation. Community Services Director/Lifeguard Chief Jon Edelbrock was available to answer questions.

Council questions focused on when the previous Coastal Development Permit expired; whether the City has been able to charge for parking in the interim; and City staff coordination with the California Coastal Commission (CCC) on the CDP application.

IT WAS MOVED BY MAYOR GAASTERLAND SECONDED BY COUNCILMEMBER DRUKER TO ADOPT RESOLUTION 2021-55, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO SUBMIT A COASTAL DEVELOPMENT PERMIT APPLICATION TO

THE CALIFORNIA COASTAL COMMISSION FOR CITYWIDE PAID PARKING FACILITIES”. (VOTE 5-0)
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Ayes: Mayor Gaasterland, Deputy Mayor Worden, and Councilmembers Druker, Martinez and Quirk; Noes: 0; Absent: 0; Abstain: 0.

ITEM 11: AUTHORIZATION TO APPLY FOR THE FY 2021 ASSISTANCE FOR FIREFIGHTERS GRANT (CLERK’S FILE NO. 201-13, 1101-8)
Council authorized the City of Del Mar Fire Department to be included in the FY21 Assistance to Firefighters Grant regional application for Self-Contained Breathing Apparatus (SCBAs) submitted by the City of Vista, and authorized the Fire Chief, or his designee, to sign a Memorandum of Understanding between the six agencies (City of Vista, City of Encinitas, City of Del Mar, City of Solana Beach, North County Fire Protection District, and Rancho Santa Fe Protection District) once all participating organizations are authorized to apply, on consent.

ITEM 12: SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING SECTION

21.70.110 OF THE DEL MAR MUNICIPAL CODE TO REVISE EMERGENCY WATER MANAGEMENT REQUIREMENTS FOR DROUGHT WATCH CONDITION (CLERK’S FILE NO. 401-4, 401-9, 1506-3)
Council adopted ordinance 984, “AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF DEL MAR, CALIFORNIA, AMENDING DEL MAR MUNICIPAL CODE SECTION

21.70.110 (DEMAND MANAGEMENT/DROUGHT RESPONSE STAGE 1 — DROUGHT

WATCH CONDITION) TO REVISE EMERGENCY WATER MANAGEMENT
REQUIREMENTS FOR DROUGHT WATCH CONDITION”, on consent.

ITEM 13: AUTHORIZATION TO APPLY FOR AND ACCEPT 2021 ROY & MARIAN HOLLEMAN

FOUNDATION GRANT FUNDS FOR DEL MAR FIRE STATION FURNITURE (CLERK’S FILE NO. 201-13, 103-2)
Council authorized the Interim City Manager to submit a grant funding request to the Roy & Marian Holleman Foundation for the purchase of needed Fire Station furniture, accepted the funds on behalf of the City, and sign any necessary grant documents, if awarded, on consent.

ITEM 14: RECOMMENDED APPOINTMENT OF CITY MANAGER AND RELATED EMPLOYMENT AGREEMENT (CLERK’S FILE NO. 102-8, 406-1)
Council appointed Ashley Jones as City Manager for the City of Del Mar; approved the related employment agreement (Agreement); authorized the Mayor to execute the Agreement and necessary documents for implementation; and retroactively authorized the continuation of adjusted salary and benefits approved by the City Council on March 15, 2021, for the Interim City Manager from October 4, 2021 through December 13, 2021, on consent.

ITEM 15: PROPOSED DEL MAR COMMENT LETTER ON THE DRAFT CONGRESSIONAL DISTRICT MAP (CLERK’S FILE NO. 401-7, 1502-1)
Council reviewed the draft comment letter on the draft Congressional District map and directed staff to submit the letter to the California Citizens Redistricting Commission on behalf of the City of Del Mar, on consent.
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PUBLIC HEARING
ITEM 16: ADOPTION OF A RESOLUTION FOR THE 6TH CYCLE HOUSING ELEMENT TO

INCORPORATE REVISIONS REQUIRED BY THE CALIFORNIA DEPARTMENT OF

HOUSING AND COMMUNITY DEVELOPMENT (HCD) AND RE-ADOPTION OF THE GENERAL PLAN AMENDMENT (GPA20-003) (CLERK’S FILE NO. 304-7) A presentation was provided by Planning & Community Development Director Joseph Smith and Principal Planner Amanda Lee.

Council questions focused on the formal communications the City has received from the State Department of Housing and Community Development (HCD); clarification on the timing for implementing the objective design standards in Program 6G; clarification on the references to the rental subsidy program in the 6th Cycle Housing Element (Element); clarification on the inclusion of the Court Street Park in the Element; clarification on the area and parcels included in references in the Element for Shores Park; clarification on language and timing in the Element related to rezoning at Shores Park; clarification on Element Program D1 related to an affordable housing overlay Zone if the City has not secured at least 30 affordable units by December 2025; clarification on the insertion of language in the Element program I1 including the timeline and City commitments; clarification on the Element’s Policy Consideration section including language related to the study of floor area ration (FAR) modifications based on feedback and language related to the 20 dwelling units per acre; whether the City’s housing special counsel has reviewed the Element; clarification on the timing for the process of adopting the Element and receiving feedback on the draft Element from HCD; relationship between the Element and Senate Bill 9; clarification on the timing for the three year requirement for reaching an agreement with the Fairgrounds for affordable housing; whether a 4/5 vote is required to adopt the Element; and clarification on what counts as a vacant unit.

There were no public speakers for the item.

Council discussion focused on a desire for the Housing Council Liaisons to continue to be kept up to date on the Element and City communications with HCD as much as possible; consideration of amendments to the Element related to the North Commercial Zone; feedback solicited from prior members of the 6th Cycle Housing Element Ad-Hoc Citizens’ Taskforce; need for a calendar of events related to Element programs and implementation; North Commercial Zone’s inclusion in certain programs in the Element; community concerns about the North Commercial Zone raised in the Referendum and subsequent withdrawal agreement; and concern about references to the comment letter from the North Commercial Zone property owners in the Element.

IT WAS MOVED BY MAYOR GAASTERLAND, SECONDED BY DEPUTY MAYOR WORDEN TO ADOPT RESOLUTION 2021-56, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, TO RE-ADOPT THE 6TH CYCLE HOUSING ELEMENT (GPA 20-003), WHICH IS THE CITY’S HOUSING PLAN COVERING THE YEARS 2021-2029, THAT CONSTITUTES AN

AMENDMENT TO THE CITY OF DEL MAR COMMUNITY PLAN (GENERAL PLAN), APPLICABLE CITYWIDE WITHIN THE CITY OF DEL MAR, CALIFORNIA; AND AUTHORIZING STAFF TO SUBMIT THE RE-ADOPTED 6TH CYCLE HOUSING ELEMENT TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) FOR CERTIFICATION”, WITH THE FOLLOWING CHANGES: 1) IN CHAPTER 4 OF THE DRAFT HOUSING ELEMENT UNDER HOUSING PROGRAM 1I UNDER ESTABLISH STREAMLINING AND INCENTIVES FOR AFFORDABLE HOUSING, STRIKE OUT THE FOLLOWING LANGUAGE: “TO ALLOW FOR AT LEAST 0.60 FAR IN THE NC ZONE AND TO ALLOW AT LEAST 1.0 FAR IN THE NC AND PC ZONE”; 2) FOR PAGE 2 OF THE RESOLUTION FOR THE LAST WHEREAS, REMOVE “DEVELOPMENT” 9 January 10, 2022 Item 02
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AND “MEMORANDUM OF UNDERSTANDING” AND REPLACE WITH BINDING AGREEMENT, AND REMOVE “STATE 22ND DISTRICT AGRICULTURAL ASSOCIATION” AND REPLACE WITH THE STATE OF CALIFORNIA; 3) ADD IN THE RESOLUTION THE FOLLOWING LANGUAGE:
“WHEREAS, THE CITY OF DEL MAR LIES ENTIRELY INSIDE THE COASTAL ZONE AND

CONTAINS HIGH RISK FIRE AREAS AND HAS REGIONS SUBJECT TO FLOODING IN OUR FLOODWAY AND FLOODPLAIN THAT THE CITY RECOGNIZES MUST BE CONSIDERED”. (VOTE 5-0)
Ayes: Mayor Gaasterland, Deputy Mayor Worden, and Councilmembers Druker, Martinez and Quirk; Noes: 0; Absent: 0; Abstain: 0.

COUNCIL MEETING RECESS:

The City Council took a meeting recess from approximately 6:34 p.m. to 6:55 p.m.

CITY COUNCIL OTHER BUSINESS
ITEM 17: INITIAL CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION’S DENIAL OF TREES, SCENIC VIEWS, AND SUNLIGHT APPLICATION TVS21-001 TVS APPLICANT/APPELLANT: NIGEL HOOK AND JANET WILSON
APPLICANT’S ADDRESS: 635 HOSKA ROAD (APN: 300-252-16-00) TREE OWNERS: MATTHEW AND CHELSEA ZISKIN
VEGETATION LOCATION: 624 8TH STREET (APN: 300-252-14-00) (CLERK’S FILE NO. 301-12)
Mayor Gaasterland recused herself due to concerns about perception related to her ability to be impartial in this matter. Councilmember Druker recused himself due to his long-time professional and personal relationship with the applicant. City Attorney Devaney provided an overview of the Initial Consideration process. A presentation was provided by Association Planner Jennifer Gavin.

Deputy Mayor Worden disclosed that he visited Janet Wilson and Nigel Hook’s home at their request and did not discuss the Initial Consideration with them during that visit. Councilmember Martinez disclosed that she visited Janet Wilson and Nigel Hook’s home at their request. Councilmember Quirk disclosed that he visited Janet Wilson and Nigel Hook’s home at their request and spoke with tree owners Matt and Chelsea Ziskin previously about this issue.

Council questions focused on clarification about whether photographs are required as evidence for Trees, Scenic Views, and Sunlight applications.

The appellant’s representative Richard Rice presented on the issue and basis of the request for a de novo hearing. The tree owners, Chelsea and Matt Ziskin, presented on the issue and basis for requesting that the item not be set for a de novo hearing, allowing the Planning Commission determination to be upheld.

Deputy Mayor Worden opened the item to public comment and the following speakers spoke:
1) Keli Gunn
2) Grant Teeple
3) Kristi Clark
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In order for this matter to be set for a de novo hearing, two of the three Councilmembers participating in this agenda item must indicate a desire to do so. Councilmember Martinez indicated a desire to set the item for the de novo hearing. Deputy Mayor Worden and Councilmember Quirk indicated that they did not want to set the item for a de novo hearing. Failing to receive the required support of two Councilmembers, the item was not set for a de novo hearing and the decision of the Planning Commission was upheld.

ITEM 18: REPORT ON STATUS OF ADMINISTRATIVE DESIGN REVIEW ORDINANCE 972 (CLERK’S FILE NO. 401-4)
A presentation was provided by Planning & Community Development Director Joseph Smith.

There were no Council questions or public speakers for this agenda item.

ITEM 19: STAFF RECOMMENDATIONS REGARDING POTENTIAL DEL MAR CLIMATE ACTIONS (CLERK’S FILE NO. 1403-4)
A presentation was provided by City Manager Ashley Jones and Environmental Sustainability/Special Projects Manager Clem Brown.

Council questions focused on the details of what would be updated in the resolution and what would be involved in implementing an electrification ordinance.

The Mayor opened the item to public comment and Joe Gabaldon spoke.

Council discussion focused on the possibility to expedite the electrification ordinance and desire to have the San Diego Electrification Coalition return to City Council in the future for a presentation; desire to discuss this item in the broader context; and desire to request Sustainability Advisory Committee weigh in on the proposed resolution and what updates may be needed.

ITEM 20: RESOLUTION OF APPRECIATION FOR OUTGOING MAYOR TERRY

GAASTERLAND (BOOK OF RESOLUTIONS)
Deputy Mayor Worden read the resolution of appreciation for outgoing Mayor Terry Gaasterland.

There were no public speakers for this item
Mayor Gaasterland gave remarks on the City Council’s accomplishments in 2021 and her time serving as Mayor. Council discussion focused on appreciation for Mayor Gaasterland and her efforts as Mayor during a very challenging year for the City.

IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER MARTINEZ TO ADOPT RESOLUTION 2021-57, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, EXPRESSING APPRECIATION FOR OUTGOING MAYOR TERRY GAASTERLAND”. (VOTE 5-0)
Ayes: Mayor Gaasterland, Deputy Mayor Worden, and Councilmembers Druker, Martinez and Quirk; Noes: 0; Absent: 0; Abstain: 0.
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ITEM 21: SELECTION OF THE 2022 MAYOR AND DEPUTY MAYOR (CLERK’S FILE NO.

CLERK’S MINUTES BOOK, 401-1)
A presentation was provided by City Manager Jones and Management Analyst/Acting City Clerk Sarah Krietor.

There were no public speakers for the item.

IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY MAYOR GAASTERLAND TO APPOINT DWIGHT WORDEN AS MAYOR AND TRACY MARTINEZ AS DEPUTY MAYOR FOR 2022. (VOTE 5-0)
Ayes: Mayor Gaasterland, Deputy Mayor Worden, and Councilmembers Druker, Martinez and Quirk; Noes: 0; Absent: 0; Abstain: 0.

REGIONAL ORGANIZATION AND COUNCIL COMMITTEES, SUBCOMMITTEES, AND

COMMUNITY ORGANIZATION REPORTS
Council representatives reported on the San Diego Association of Governments (SANDAG), Regional Solid Waste Association (RSWA), and Del Mar Community Connections (DMCC).

ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 9:38 p.m.

Sarah Krietor, Acting City Clerk
12 January 10, 2022 Item 02

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES
DECEMBER 13, 2021
Via Teleconference
1050 Camino del Mar, Del Mar, California

CALL TO ORDER
Mayor Gaasterland called the meeting to order at 2:15 P.M.

ROLL CALL

Present: Mayor Terry Gaasterland; Deputy Mayor Dwight Worden; Councilmembers Dave Druker, Tracy Martinez and Dan Quirk

B) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: Two
Description: 1) Liabilities related to fencing at/near NCTD rails; and 2) Liability related to an alleged sewage spill and resulting threat of litigation Authority: Government Code Section 54956.9(b)
Reportable Action: None.

C) Conference with Legal Counsel – Existing Litigation
Olson v. City of Del Mar
San Diego Superior Court Case No. 37-2019-00069156-CU-MC-CTL Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None.

D) Conference with Legal Counsel - Existing Litigation
The Winston School of San Diego, Inc. v. City of Del Mar San Diego Superior Court Case No. 37-2021-00042977-CU-CO-CTL Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None. Councilmember Druker was recused from participating in this discussion due to the proximity of his residence in relation to The Winston School.

ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 4:18 P.M.

Sarah Krietor, Acting City Clerk
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Sarah Krietor, Management Analyst/Acting City Clerk Via Ashley Jones, City Manager
DATE: January 10, 2022
SUBJECT: Continuation of Remote Public Meetings in Compliance with Government Code Section 54953 (Assembly Bill 361)
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution (Attachment A) making the findings required by Government Code 54953 related to Assembly Bill 361 (AB 361) to continue with remote public meetings for the next thirty (30) days during the local emergency declared in response to the COVID-19 global pandemic.

DISCUSSION/ANALYSIS:

On September 16, 2021, the Governor signed Assembly Bill 361 (AB 361), which waives certain provisions of the Brown Act and allows for continued remote public meetings during the pandemic if specific findings are made by the City Council. Under AB 361, in order to hold remote public meetings during the declared state of emergency due to the COVID-19 pandemic, the City Council must adopt a Resolution (Attachment A) making at least one of the two findings: 1) state or local officials have recommended measures to promote social distancing; and/or 2) that meeting in-person would pose an imminent risk to the health and safety of attendees. Additionally, the City Council will need to reevaluate and readopt this Resolution every 30 days, which can be accomplished on the consent agenda.

On October 4, 2021, the City Council adopted Resolution 2021-45 making the finding that meeting in-person would pose an imminent risk to the health and safety of attendees as the current state and local health orders do not explicitly require or promote social distancing at this time. The City Council reconsidered the circumstances of the state of emergency and adopted Resolution 2021-46 on November 1, 2021, Resolution 2021-49 on November 19, 2021, and most recently Resolution 2021-53 on December 13, 2021 to continue with remote meetings through January 13, 2022. These resolutions apply to all City public meetings including the City Council, Design Review Board, Planning Commission, and City advisory committees.
1 January 10, 2022 Item 05
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Continuation of Remote Public Meetings in Compliance with AB361 January 10, 2022

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In order for the City Council, Planning Commission, Design Review Board and City advisory committees to continue to meet remotely past January 13, 2022, the City Council must reconsider the circumstances of the state of emergency and determined that meeting in-person would directly impact the ability of the members and the public to meet safely in person. As such, staff recommends that the City Council adopt a Resolution (Attachment A) allowing the City Council, Design Review Board, Planning Commission and City advisory committees to continue to meet remotely for the next thirty (30) days in accordance with the provisions of Government Code Section 54953 (AB361).

PRIOR CITY COUNCIL REVIEW:

The City Council declared a local emergency in response to the COVID-19 pandemic on March 14, 2020 and has been meeting remotely since that time. The City Council adopted Resolution 2021-45 on October 4, 2021, Resolution 2021-46 on November 1, 2021, Resolution 2021-49 on November 19, 2021, Resolution 2021-53 on December 13, 2021, allowing for the continuation of remote public meetings under the provisions established by AB361.

FISCAL IMPACT:

There is no fiscal impact or action to be taken related to this agenda item.

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 2021-22.

ATTACHMENTS:

Attachment A – Resolution Related to AB361 Thirty (30) Day Continuance 2 January 10, 2022 Item 05
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, MAKING FINDINGS REQUIRED UNDER
GOVERNMENT CODE SECTION 54953 RELATED TO
ASSEMBLY BILL 361 IN ORDER TO CONTINUE THE USE OF

TELECONFERENCE OR A REMOTE MEETING PLATFORM TO

FACILITATE REMOTE PUBLIC MEETINGS
WHEREAS, there exists the COVID-19 virus, which represents a serious public health threat; and
WHEREAS, on February 14, 2020, the San Diego County Health Officer declared a Local Health Emergency as a result of the COVID-19 virus; which was subsequently ratified by the Board of Supervisors on February 19, 2020; and WHEREAS, on March 4, 2020, the State of California declared a State of Emergency as a result of the COVID-19 virus; and
WHEREAS, on March 13, 2020, the President of the United States declared a national emergency as a result of the COVID-19 virus; and WHEREAS, on March 14, 2020, the City of Del Mar adopted Resolution 2020-12 declaring a local emergency related to COVID-19 and has been meeting remotely since that time in accordance with multiple Executive Orders issued by the Governor waiving certain provisions of the Brown Act; and
WHEREAS, on September 16, 2021, the Governor signed Assembly Bill 361 (AB361) waiving certain provisions of the Brown Act during declared states of emergency and allowing for the continuation of remote public meetings if specific findings are made; and
WHEREAS, on October 4, 2021, the City Council adopted Resolution 2021-45 making findings in accordance with Assembly Bill 361, thereby waiving specific provisions of the Brown Act in order to continue the use of teleconference or a remote meeting platform to facilitate remote public meetings; and
WHEREAS, the City Council reconsidered the circumstances of the state of emergency, determined that meeting in person would directly impact the ability of the members and the public to meet safely and adopted Resolution 2021-46 on November 1, 2021, Resolution 2021-49 on November 19, 2021, and Resolution 2021-53 on December 13, 2021; and
3 January 10, 2022 Item 05
Resolution No. 2022-XX

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WHEREAS, on January 10, 2022, the City Council reconsidered the circumstances of the state of emergency and determined that meeting in person would directly impact the ability of the members and the public to meet safely.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that the City of Del Mar may continue to use teleconference or a remote meeting platform for the next thirty (30) days in accordance with AB361 based on the following findings:

1. The City Council has held public meetings during the declared emergency related to the COVID-19 pandemic and has determined by a majority vote of the City Council that as a result of the COVID-19 global pandemic, meeting in person would present imminent risks to the health or safety of members and attendees.

BE IT FURTHER RESOLVED by the City Council that this resolution applies to the City Council, Design Review Board, Planning Commission, and all City advisory committees.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular meeting held this 10th day of January 2022. ___________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________
Leslie E. Devaney, City Attorney
City of Del Mar
4 January 10, 2022 Item 05
Resolution No. 2022-XX

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ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Acting City Clerk of the City of Del Mar, California, DOES HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2021- XX, adopted by the City Council of the City of Del Mar, California at a Regular Meeting held the 10th day of January 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
5 January 10, 2022 Item 05
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Joseph D. Smith, AICP, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: January 10, 2022
SUBJECT: Authorization to Request Federal Emergency Management Agency (FEMA) Hazard Mitigation Technical Assistance via the Building Resilient Infrastructure and Communities Program (BRIC) Related to Design of a Living Levee Conceptual Plan
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Adopt a Resolution (Attachment A) authorizing staff to submit a letter of interest (Attachment B) to FEMA for technical assistance via the BRIC Program relating to the design of a conceptual plan for a living levee (vegetated berm) along the river banks of the San Dieguito River/Lagoon as part of the City’s SeaLevel Rise Adaptation Plan; and 2) Authorize the City Manager to execute the necessary documents.

DISCUSSION/ANALYSIS:

FEMA is currently soliciting letters of interest for non-financial hazard mitigation technical assistance through their BRIC Program. Letters of interest are due by January 28, 2022, and City staff is seeking City Council authorization to apply. FEMA will be selecting up to twenty communities to receive the technical assistance. The Program is intended for: 1) communities looking to increase their capacity and capability to conduct mitigation activities and increase their resilience to natural hazards; and 2) communities needing help identifying projects that will reduce risk or needing support developing or submitting a BRIC application for funding.

The Program does not have any associated grant funds at this time. However, the BRIC Program is an opportunity for the City to obtain hazard mitigation technical assistance to facilitate design of a conceptual plan for a living levee along the banks of the San Dieguito River/Lagoon. Development of a living levee as an adaptation strategy to minimize flood risk to infrastructure and properties in proximity to the San Dieguito Lagoon is one of the identified priority adaptation measures in the City of Del Mar Sea Level Rise Adaptation Plan (Environmental Science Associates, 2018).
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January 10, 2022

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A link to the City’s Adaptation Plan is available at:
https://www.delmar.ca.us/DocumentCenter/View/3580/Revised-Adaptation-Plan-perCouncil-May-21 The intent of this application is to take advantage of the opportunity to obtain FEMA technical assistance for preparation of a conceptual living levee plan and guidance as to the best strategies and approach to obtain grant funding for this type of adaptation project that will help create resilient infrastructure for the Del Mar community. If selected, City staff and the consultant team would coordinate with FEMA staff to obtain answers to various technical questions including the questions identified below.

The City’s objective is to obtain hazard mitigation assistance during Fiscal Year 2022- 2023 to facilitate design and preparation of a conceptual plan for a living levee along the banks of the San Dieguito River/Lagoon as further described in the City’s Adaptation Plan.

In terms of technical assistance from FEMA, the City is interested in learning:

1. Whether there are examples of river levees elsewhere in California that have been adapted to become “living levees.”

2. What design aspects of this type of project might attract funding more readily than other aspects so that they can be included in the design?

3. What are the rules for setting the freeboard of a living levee? (Freeboard is an additional amount of height above the Base Flood Elevation (BFE) as a factor of safety (e.g., 2 feet above the BFE). It is typically used by FEMA to determine the level at which a structure's lowest floor must be elevated or floodproofed to be in accordance with state or community floodplain management regulation).

4. FEMA guidance on the preferred design of a living levee in relation to the river valley and the desired level of flood protection, including detail on required analyses and flood map revisions (if needed) to secure approvals.

5. FEMA guidance to help the City understand how to best provide the greater level of flood protection that is sought while minimizing potential impacts to the existing wetland.

The application requires submittal of a letter of interest (maximum two-pages) including:
 Community point of contact name, position, email, address, and phone number;  Description of the community’s need for Direct Technical Assistance;  Description of the community’s capacity to assist in the DTA activity, including committed staff; and
 Objectives and timelines, including the duration of technical assistance. 2 January 10, 2022 Item 06
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FEMA BRIC Program Technical Assistance
January 10, 2022

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Preparation of a conceptual plan for a living levee is a deliverable in the existing contract between the City and Moffat & Nichol for consulting services, which must be completed by the end of FY 2023-2024 per the contract. City Planning staff currently manage the Moffat & Nichol consultant contract to prepare a conceptual plan for a living levee, which will involve consultation with the City’s Public Works Department and consultant engineers during the coordination with FEMA for technical assistance.

FISCAL IMPACT:

There is no current fiscal impact associated with applying for the technical assistance.

PRIOR CITY COUNCIL REVIEW:

On June 17, 2019, the City Council authorized a multi-year contract (five years maximum) with Moffatt & Nichol for consulting services related to implementation of the City’s Shoreline Management Program, including priority adaptation measures related to obtaining State and Federal approvals for a Sand Compatibility Opportunistic Use Permit (SCOUP) program, identification of financing strategies for prospective beach nourishment, and design of a conceptual plan for a living levee.

ENVIRONMENTAL IMPACT:

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This item relates to the Sea Level Rise Planning Implementation and SCOUP special projects listed on the City Council’s goals and priorities.

ATTACHMENTS:

Attachment A – Resolution Authorizing the Submittal of a Letter of Intent Attachment B – Draft Letter of Intent
3 January 10, 2022 Item 06
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, AUTHORIZING THE FILING OF A LETTER

OF INTEREST WITH THE FEDERAL EMERGENCY

MANAGEMENT AGENCY (FEMA) FOR HAZARD MITIGATION

TECHNICAL ASSISTANCE VIA THE BUILDING RESILIENT

INFRASTRUCTURE AND COMMUNITIES (BRIC) PROGRAM
WHEREAS, FEMA is soliciting letters of interest by January 28, 2022, for nonfinancial hazard mitigation technical assistance through their BRIC Program; and WHEREAS, the Program is intended for communities with a desire to increase their capacity and capability to conduct mitigation activities, increase resilience to natural hazards, need help identifying projects that will reduce risk, or need support developing or submitting a BRIC application for funding; and WHEREAS, the BRIC Program is an opportunity for the City to obtain hazard mitigation technical assistance to facilitate design of a conceptual plan for a living levee along the banks of the San Dieguito River/Lagoon, which is a priority adaptation strategy for the City of Del Mar to minimize flood risk for infrastructure and properties in proximity to the San Dieguito Lagoon.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Del Mar, California, does hereby:

1. Confirm that the City of Del Mar is a public agency under the laws of the State of California;

2. Identify that the City’s objective is to obtain hazard mitigation assistance during Fiscal Year 2022-2023 to facilitate design and preparation of a conceptual plan for a living levee along the banks of the San Dieguito River/Lagoon, which is a deliverable in the existing contract between the City and Moffat & Nichol that must be completed by the end of FY 2023-2024 per the contract;

3. Confirm that the City’s Planning staff currently manages the Moffat & Nichol consultant contract requiring preparation of a conceptual plan for a living levee, which will involve consultation with the City’s Public Works and Engineering staff during the coordination with FEMA for technical assistance; and

4. Authorize the City Manager to sign and file the letter of interest with FEMA by January 28, 2022, requesting direct technical assistance via the BRIC Program. 4 January 10, 2022 Item 06
Resolution No. 2022-XX

Page 2 of 2 ends

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 10th day of January, 2022. _____________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Acting City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2022-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 10th day of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
5 January 10, 2022 Item 06

DRAFT LETTER PENDING

CITY COUNCIL REVIEW
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us January 11, 2022
Attention: National Review Panel
Building Resilient Infrastructure and Communities (BRIC) Program [email protected]
RE: City of Del Mar Letter of Interest for Direct Technical Assistance via the BRIC Program Relating to Preparation of a Conceptual Plan for a Living Levee Dear National Review Panel:

On behalf of the City of Del Mar, thank you for the opportunity to provide a letter of interest for direct technical assistance via the BRIC Program.

The City is in need of hazard mitigation technical assistance relating to the preparation of a conceptual plan for a living levee (vegetated berm). After a multi-year planning process, the Del Mar City Council identified development of a living levee along the banks of the San Dieguito River/Lagoon as a priority adaptation measure in the City of Del Mar Sea Level Rise Adaptation Plan (Environmental Science Associates 2018) adopted by the Del Mar City Council on October 1, 2018. The proposed adaptation approach is consistent with the City of Del Mar General Plan, the San Diego County Multi-Jurisdictional Hazard Mitigation Plan, and applicable implementing requirements related to the City’s participation in FEMA’s National Flood Insurance Program.

Technical assistance from FEMA can help the City further explore and implement this nature-based adaptation strategy and priority adaptation measure to reduce flood risk.

The City is also seeking guidance as to the best strategies and approach to obtain grant funding for this type of adaptation project that will help create resilient infrastructure for the Del Mar community.

The City’s objective is to obtain hazard mitigation assistance during Fiscal Year 2022- 2023 to facilitate design and preparation of a conceptual plan for a living levee along the river banks of the San Dieguito Lagoon. For example, the City is interested in learning:

1. Whether there are examples of river levees elsewhere in California that have been adapted to become “living levees.”

2. What design aspects of this type of project might attract funding more readily than other aspects so that they can be included in the design?

3. What are the applicable FEMA rules for setting the freeboard of a living levee? 6 January 10, 2022 Item 06

DRAFT LETTER PENDING

CITY COUNCIL REVIEW
City of Del Mar
Letter of Interest: BRIC Program Technical Assistance
January 11, 2022

Page 2 of 2 ends

4. FEMA guidance on preferred design of a living levee in relation to the river valley and the level of flood protection, including detail on required analyses and flood map revisions (if needed) to secure approvals.

5. FEMA guidance to help the City understand how to best provide the greater level of flood protection that is sought while minimizing potential impacts to the existing wetland.

In terms of timing, the conceptual plan is a deliverable in the existing contract between the City and Moffat & Nichol for consulting services, which must be completed by the end of FY 2023-2024 per the contract.

The City has capacity to assist in the direct technical assistance activity. Planning Department staff currently manages the Moffat & Nichol consultant contract requiring preparation of a conceptual plan for a living levee, which will involve consultation with the City’s Public Works Department and consultant engineers during the coordination with FEMA for technical assistance
The prospective living levee project that is being contemplated will provide a range of climate adaptation and coastal access-related benefits to the San Diego region as whole.

The City of Del Mar and the State Fairgrounds host millions of coastal visitors each year.

Further, the proposed living levee is a nature-based adaptation solution that would be designed to be compatible with the San Dieguito Lagoon with associated climate adaptation benefits, including protection of coastal wetland and biological resources and planned capacity for wetland habitat migration with sea level rise. The living levee would also provide the benefit of flood protection and reduced flood risk for properties and infrastructure in the City of Del Mar, including the State Fairgrounds property. This includes flood protection and reduced flood risk for public roads, water, sewer, and storm water systems; public facilities including the City of Del Mar Fire Station Public Works yard, and Sewer Lift Station; and homes, businesses, and regional commercial and entertainment activity.

The City looks forward to coordination with FEMA as part of this requested hazard mitigation technical assistance. The primary City staff contact is Amanda Lee, Principal Planner, who can be reached at [email protected] or (858) 704-3645.

Sincerely,
Ashley Jones
City Manager
7 January 10, 2022 Item 06
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Karen Falk, Principal Engineer
Kseniia Izgarskaia, Management Analyst
Via Ashley Jones, City Manager
DATE: January 10, 2022
SUBJECT: Authorization to Apply for Fiscal Year 2022-23 Neighborhood Reinvestment Program and Community Enhancement Grant Funds for the Riverpath Del Mar Extension Project Phase 3
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Adopt a Resolution (Attachment A) approving the submittal of applications for Neighborhood Reinvestment Program Grant funding and Community Enhancement Grant funding to supplement the cost of design, environmental documentation, and environmental permitting for the Riverpath Del Mar Extension Project Phase 3; and 2) Authorize the City Manager to execute the necessary documents.

DISCUSSION/ANALYSIS:

The Riverpath Del Mar Extension Project Phase 3 will construct 2,200 feet of pedestrian path along the San Dieguito River as identified in the City of Del Mar's certified Local Coastal Program. This construction will complete critical links of Coast to Crest Trail and the City of Del Mar’s 7-mile Coastal Loop Trail, and create non-motorized access to Grand Avenue Overlook from Crest Canyon Reserve Trail.

City staff has worked in partnership with the San Dieguito River Valley Regional Open Space Park Joint Powers Authority and with the San Dieguito River Valley Conservancy (SDRVC) to develop plans for the path. The project will facilitate participation in organized and self-guided activities. Based on estimates from past self-guided activities, the City anticipates the path will serve more than 100 walkers and bicyclists each day during the summer season. In addition, through the SDRVC, the Riverpath will serve up to 1,800 members, 500 citizen scientists, and hundreds of school-aged children and their families.

City staff is planning to apply for two San Diego County Grants, with the total grant funding request of $112,100 to recover partial costs of the project. The requested amount is the cost for environmental documentation permitting and design work to be completed in FY 1 January 10, 2022 Item 07
City Council Agenda Report
Neighborhood Reinvestment Program and Community Enhancement Grant Applications January 10, 2022

Page 2 of 2 ends

2021-2022 and approved by Council at its November 15, 2021 meeting. The County of San Diego annually awards grant funding to County departments, public agencies, and nonprofit organizations through its Neighborhood Reinvestment Program and Community Enhancement Program. The Neighborhood Reinvestment Program revenues are awarded for the purpose of one-time community, social, environmental, educational, cultural, or recreational needs that serve public purposes, as authorized pursuant to Government Code Section 26227. Community Enhancement Program revenues are awarded to stimulate tourism, promote the economy, create jobs and improve quality of life.

Grant awards for both Neighborhood Reinvestment Program and Community Enhancement Program are made throughout the fiscal year and applications are accepted on a rolling basis. Most recently, City staff submitted an application for the County’s Neighborhood Reinvestment Program Grant for the Riverpath Del Mar Extension Project Phase 3 in January 2021 but the funding was not awarded due to shifting focus during COVID and funds not being available. The City was encouraged to apply at a later date.

FISCAL IMPACT:

There is no current fiscal impact associated with applying for the grants. Depending on a full or partial approval of both applications, the City may receive up to $112,100 in total grant funding for the Project. Should the grant funds be awarded, staff will include an amendment to the Fiscal Year 2021-2022 Operating and Capital Budget to account for these grant funds as part of the Midyear Budget Process. On June 21, 2021, the City Council approved the Fiscal Years 2021-2022 and 2022-2023 Operating and Capital Budget appropriating $150,000 for this Project for each year.

PRIOR CITY COUNCIL REVIEW:

On July 15, 2019, the City Council approved Resolution 2019-37 authorizing the filing of an application for the Neighborhood Reinvestment Program funding for Riverpath Del Mar Extension Project Phase 3.

ENVIRONMENTAL IMPACT:

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Preserving and enhancing the community character of the City with emphasis on natural resources is on the list of the City’s goals and priorities.

ATTACHMENTS:

Attachment A – Resolution Authorizing the Submittal and Processing of Applications Attachment B – Neighborhood Reinvestment Program Grant Application Attachment C – Community Enhancement Program Grant Application 2 January 10, 2022 Item 07
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, AUTHORIZING THE FILING OF

APPLICATIONS WITH THE COUNTY OF SAN DIEGO FOR

NEIGHBORHOOD REINVESTMENT PROGRAM AND

COMMUNITY ENHANCEMENT FUNDING FOR FISCAL YEAR
2021-2022
WHEREAS, the County of San Diego Neighborhood Reinvestment Program provides funding for public agencies and non-profit corporations for one-time community, social, environmental, educational, cultural, or recreational needs that serve public purposes, as authorized pursuant to Government Code Section 26227; and WHEREAS, the County of San Diego Neighborhood Community Enhancement Program provides funding for public agencies and non-profit corporations to stimulate tourism, promote the economy, create jobs and improve quality of life; and WHEREAS, the City of Del Mar wants to file applications with the County of San Diego requesting $60,900 in Neighborhood Reinvestment Program funding and $51,200 in Community Enhancement funding to supplement the cost of design, environmental documentation, and environmental permitting for the Riverpath Del Mar Extension Project Phase 3.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Del Mar, California, does hereby:

1. Confirm that the City of Del Mar is a public agency under the laws of the State of California;

2. Approve the filling of an application with the County of San Diego for Neighborhood Reinvestment Program funding during the County’s 2021-2022 fiscal year;

3. Approve the filling of an application with the County of San Diego for Community Enhancement funding during the County’s 2021-2022 fiscal year; and

4. Authorize the City Manager to sign the grant agreement and any other necessary grant documents required by the County of San Diego for Neighborhood Reinvestment and Community Enhancement funding.

Page 2 of 2 ends

APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Acting City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2022- XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 10th day of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
4 January 10, 2022 Item 07

C O U N T Y O F S A N D I E G O

APPLICATION FOR NEIGHBORHOOD REINVESTMENT

PROGRAM GRANT

READ INSTRUCTIONS FIRST

ALL FIELDS MUST BE COMPLETED AS APPLICABLE
Rev. 05/20 1 of 4
ELIGIBILITY: Only non-profit or government/public agencies operating in San Diego County may apply.

What is the legal status of your organization?
Non-Profit Corporation Government/Public Agency
Federal Tax Identification Number (TIN or EIN): Organization Name:
(Must match the California Attorney General Charitable Registration Verification, IRS form, and Secretary of State Business Name) ADDITIONAL CRITERIA (ATTORNEY GENERAL & SECRETARY OF STATE COMPLIANCE):

Please attach proof of the organization's eligibility to apply in the following two ways: 1) Current or Exempt status with the California Attorney General's Charitable Organization Registry and 2) Active status with the California Secretary of State's Business Search. Screen shots or other evidence should be included as attachments with this application.

ORGANIZATION:

Street Address
Address:

City: State: Zip:

Mailing Address
Address:

City: State: Zip:

Same as Street Address
Popular Name or d.b.a.:

Supervisorial District (based on street address of organization): 1 2 3 4 5 (Select only one) Title of Grant Request:

Contact Person (Individual who will sign the grant agreement and be responsible for the expenditure of the funds) Name: Title:

Telephone Number: Fax Number: Email:

Grant Administrator (Individual who will sign the grant agreement and be responsible for the expenditure of the funds) (This individual must be different from the Contact Person listed above) Name: Title:

Telephone Number: Fax Number: Email:

PROPOSAL:

PROJECT LOCATION (see instructions)
For Capital Projects:

Street Address:

Community to be Served:

Owner of Project Site:

Name of person or entity responsible for project site maintenance (Provide a copy of any maintenance agreements or commitment letters, if applicable.) Purpose of grant: (Describe the purpose for which you are seeking grant funding. If your request consists of multiple components, please describe each item in priority order and indicate the associated amount requested. A higher priority shall be given to requests for capital projects and/or one-time expenses.)
95-6006231 City of Del Mar
1050 Camino del Mar
Del Mar 92014
1050 Camino del Mar
Del Mar 92014
Department of Public Works
Riverpath Del Mar Extension Project Phase 3: Environmental,Permitting,and Final Joe Bride Public Works Director
(858) 704-3681 (858) 755-2794 [email protected]
Karen Falk Principal Engineer
(858) 375-9533 (858) 755-2794 [email protected]
Grand Avenue Overlook (near 2179 San Dieguito Drive) to Racetrack View Drive San Diego County youth, outdoor enthusiasts, bicyclists, visitors City of Del Mar
City of Del Mar Public Works
See Exhibit A.
5 January 10, 2022 Item 07

C O U N T Y O F S A N D I E G O

APPLICATION FOR NEIGHBORHOOD REINVESTMENT

PROGRAM GRANT
ORGANIZATION NAME: City of Del Mar
TITLE OF GRANT REQUEST: Riverpath Del Mar Extension Project Phase 3: Environmental,Permitting,and Final Design Rev. 05/20 2 of 4
Estimated Total cost of the project: (Provide verifiable cost estimates with this application) Total Amount requested from the County (minimum $3,500): Estimated project completion date:

Have you made any expenditures to date for this project that you expect to claim under this grant:

IMPORTANT: This information will be used to determine the effective date of your grant if awarded.

Yes No
If YES, the date of the first expenditure: Month: Year:

If NO, when do you expect to start the project: Month: Year:

QUESTIONS 1 & 2 WILL BE USED TO HELP EVALUATE YOUR PROPOSAL

1. Briefly describe how your organization measures or plans to measure the (positive) impact of activities/operations proposed in the community. Provide an estimate of how many people will be served.

2. What other funding partners/sources do you have for this project? $280,000
$60,900 02/28/2023
March 2022
The San Dieguito River Path offers a wide range of benefits to people and the environment.

Some benefits are quantifiable. The City and its partners plan to count the number of people who use the path and the number of people who participate in the San Dieguito River Valley Conservancy's programs in this section of the trail. Future surveys will be distributed to obtain additional information about the positive impacts of the facilities and related programming. The Project serves County of San Diego residents who participate in organized and self-guided activities. Based on past statistics, the City anticipates the path will serve more than 100 walkers and bicyclists each day during the summer season. In addition, through the San Dieguito Valley River conservancy, the Riverpath will serve up to 1,817 members, 562 citizen scientists, and hundreds of school-aged children and their families.

The City is requesting $60,900 to fund portions of the pre-construction activities of the project. The planning and environmental permitting phase is estimated to cost $280,000 and the construction phase will cost approximately $1,000,000. Additional funding is anticipated from grants from other agencies or organizations. Project partners include Malk Nature Fund, REI, the San Dieguito River Valley Conservancy, and the San Dieguito River Valley Regional Open Space Park Joint Powers Authority. These partners supported an initial biological assessment, collection of aerial imagery, and development of an initial layout. Their involvement will continue through construction. Remaining budget will be provided by the City of Del Mar’s Capital Improvement Program (General Fund). 6 January 10, 2022 Item 07

C O U N T Y O F S A N D I E G O

NEIGHBORHOOD REINVESTMENT PROGRAM GRANT

APPLICATION SUMMARY OF FINANCIAL

INFORMATION
ORGANIZATION NAME: City of Del Mar
TITLE OF GRANT REQUEST: Riverpath Del Mar Extension Project Phase 3: Environmental,Permitting,and Final Design Rev. 05/20 3 of 4
Financial Solvency: Please Type Initials
I hereby certify that this organization is currently financially solvent and not at risk for insolvency.

FINANCIAL STATEMENT

PRIOR YEAR ACTUALS CURRENT YEAR BUDGET
Current Year Start Date:

COUNTY COMMUNITY ENHANCEMENT GRANTS
COUNTY NEIGHBORHOOD REINVESTMENT GRANTS (Formerly
Community Projects Grants)

CITY FUNDING
City Name:

OTHER REVENUES
(Please itemize below)

TOTAL REVENUES
(If more than $50,000, attach IRS form 990 or 990EZ. If $50,000 or less, attach IRS form 990-N e-postcard)

TOTAL EXPENDITURES

OPERATING SURPLUS (DEFICIT)
JB
Jul 1, 2021
$0 $0
$0 $0
$32,965,128 $28,803,490
City of Del Mar
Malk Nature Fund Grant $15,000 $0
Private Donation $5,000 $0
Rotary Club of Del Mar $1,000 $0
San Dieguito River Valley Conservancy $19,000 $0
$33,005,128 $28,803,490
$27,148,015 $28,350,600
$5,857,113 $452,890
7 January 10, 2022 Item 07
Rev. 05/20 4 of 4

RESOLUTION OF THE BOARD OF DIRECTORS
OF
(Organization name)
WHEREAS, the County of San Diego Neighborhood Reinvestment Program provides funding for non-profit corporations for certain specified purposes; and WHEREAS, the
wants to file an application with County of San Diego for Neighborhood Reinvestment Program funding.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of :
(Organization name)
(Organization name)

1. Confirms that is a non-profit
California corporation or a public agency under the laws of the State of California;

2. Approves the filing of an application with the County of San Diego for Neighborhood Reinvestment Program funding during the County's current fiscal year; and

3. Authorizes the people listed below to sign a grant agreement with the County of San Diego for Neighborhood Reinvestment funds for the current fiscal year.

1. Print Name:

Title:

Signature:

2. Print Name:

Title:

Signature:

3. Print Name:

Title:

Signature:

Adopted on this day of ,
Secretary, Board of Directors
Validate
City of Del Mar
City of Del Mar
City of Del Mar
City of Del Mar
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Acting City Clerk
January
8 January 10, 2022 Item 07
Exhibit A to Attachment B
City of Del Mar
Riverpath Del Mar Extension Project Phase 3: Environmental, Permitting, and Final Design
Purpose of Grant
The purpose of Riverpath Del Mar Extension Project Phase 3 is to construct 2,200 ft of pedestrian and bike path along the San Dieguito River to complete key links to the Coast to Crest Trail and a walkable trail encircling Del Mar (Coastal Loop Trail). Path construction will accomplish the following:

1. Complete critical links of Coast to Crest Trail and the City of Del Mar’s 7-mile Costal Loop Trail.

2. Create non-motorized access to Grand Avenue Overlook from Crest Canyon Reserve Trail.

3. Enable pedestrians and bicyclists to reach the Pacific Ocean by a dedicated path.

4. Enhance access to outdoor recreation opportunities such as walking, bicycling, bird watching, and photography.

5. Expand opportunities to raise awareness about the environment through interpretive signage and programming such as the San Dieguito Valley Conservancy’s Citizen Science Program and Watershed Explorers Program.

Neighborhood Reinvestment Program Grant funds are requested to cover part of the costs of the Project’s pre-construction phase, including preparing California Environmental Quality Act (CEQA) documents, environmental permitting, and engineering design drawings.
9 January 10, 2022 Item 07

C O U N T Y O F S A N D I E G O

APPLICATION FOR COMMUNITY ENHANCEMENT FUNDING

READ INSTRUCTIONS FIRST

ALL FIELDS MUST BE COMPLETED AS APPLICABLE
Rev. 04/20 1 of 5
ELIGIBILITY: Only non-profit or government/public agencies operating in San Diego County may apply.

Street Address
Address:

City: State: Zip:

ORGANIZATION:

Mailing Address
Address:

City: State: Zip:

Same as Street Address
Popular Name or d.b.a.:

PROPOSAL:

Note: The total amount requested should not exceed 50% of your organization's current Fiscal Year Budget (see Board Policy B-58, paragraph 8).

Total Amount Requested: This amount is automatically calculated based on the activity information given on the next page.

Supervisorial District (based on street address of organization): 1 2 3 4 5 (Select only one) ArcGIS - County of San Diego Supervisorial Districts
Check below to indicate whether your organization is located within the unincorporated portion of the County or within a city.

Unincorporated Area of San Diego County City
Activity(ies) to be Funded (In priority order):

Title of activity one:

Brief description of activity one: (limit response to space below) Amount Requested:

District(s) Where Activity will take place: District 1 District 2 District 3 District 4 District 5 If there are no further activities, leave this entire section blank.

Title of activity two:

Brief description of activity two: (limit response to space below) Amount Requested:

District(s) Where Activity will take place: District 1 District 2 District 3 District 4 District 5 95-6006231 City of Del Mar
1050 Camino del Mar
Del Mar 92014
1050 Camino del Mar
Del Mar 92014
Department of Public Works
$51,200
Environmental Reports
Preparation and public review of CEQA required environmental reports, including cultural and biological studies. Project will include a Mitigated Negative Declaration. $16,800
Focused Protocol Surveys
Required focused surveys for sensitive plants and animals for Phase 3 Riverpath Project (pre-construction)
$18,500
10 January 10, 2022 Item 07

C O U N T Y O F S A N D I E G O

APPLICATION FOR COMMUNITY ENHANCEMENT FUNDING
ORGANIZATION NAME: City of Del Mar
Rev. 04/20 2 of 5
If there are no further activities, leave this entire section blank.

Title of activity three:

Brief description of activity three: (limit response to space below) Amount Requested:

District(s) Where Activity will take place: District 1 District 2 District 3 District 4 District 5 If there are no further activities, leave this entire section blank.

Title of activity four:

Brief description of activity four: (limit response to space below) Amount Requested:

District(s) Where Activity will take place: District 1 District 2 District 3 District 4 District 5 Title of activity five:

Brief description of activity five: (limit response to space below) Amount Requested:

District(s) Where Activity will take place: District 1 District 2 District 3 District 4 District 5 If there are no further activities, leave this entire section blank.

PERFORMANCE INDICATORS THAT WILL BE USED TO HELP EVALUATE YOUR PROPOSAL

1. What, specifically, will your project provide to the people of San Diego County if funding is approved? Briefly describe how your organization measures or plans to measure the (positive) impact of activities/operations proposed in the community: (limit response to the space below)
Jurisdictional Delineation
Jurisdication delineation of the project site and two mitigation properties in accordance with Federal and State requirements.
$9,700
Mitigation Assessment/Conceptual Design
Required mitigation assessment and conceptual design (pre-construction), including a survey of two adjoining mitigation properties to assess for suitability as a mitigation site.
$6,200
Riverpath Del Mar Extension Project Phase 3 will construct 2,200 ft of pedestrian and bike path along the San Dieguito River and complete key links to the Coast to Crest Trail and a walkable trail encircling Del Mar. The San Dieguito River Path offers a wide range of benefits to people and the environment. The trail attracts nature tourism in the area and is an additional feature for hikers of the Coast to Crest trail enjoy. In addition to improving the area, the natural landscape, and the overall Del Mar image, the Riverpath offers some other benefits that are quantifiable. The City and its partners plan to count the number of people who use the path and the number of people who participate in the San Dieguito River Valley Conservancy's programs in this section of the trail. Future surveys will be distributed to obtain additional information about the positive impacts of the facilities and related programming. The Project serves County of San Diego residents who participate in organized and self-guided activities. Based on past statistics, the City anticipates the Path will serve more than 100 walkers and bicyclists each day during the summer season. In addition, through the San Dieguito Valley River conservancy, the River Path will serve up to 1,817 members, 562 citizen scientists, and hundreds of school-aged children and their families.
11 January 10, 2022 Item 07

C O U N T Y O F S A N D I E G O

APPLICATION FOR COMMUNITY ENHANCEMENT FUNDING
ORGANIZATION NAME: City of Del Mar
Rev. 04/20 3 of 5

2. What steps is your organization taking to increase funding from other sources? (limit response to the space below)

3. Briefly describe how effective your organization is in meeting its goals and how past grants have affected the community. How many people were served including both local residents and out of town visitors? (limit response to the space below) CONTACT INFORMATION:

Contact Person (Individual who is knowledgeable about the organization's activities and this application) Name: Title:

Telephone Number: Fax Number: Email:

Grant Administrator (Individual who would be responsible for overseeing the expenditure of the grant funds) (This individual must be different from the Contact Person listed above) Name: Title:

Telephone Number: Fax Number: Email:

The City is requesting in this grant application $51,200. This is of a $280,000 preconstruction costs of the project, including environmental review and reporting, surveying and design. The construction phase is estimated to cost an additional $1,000,000. The project will be funded by grants from other agencies or organizations and the City of Del Mar’s Capital Improvement Program (General Fund).

Project partners include Malk Nature Fund, REI, the San Dieguito River Valley Conservancy, and the San Dieguito River Valley Regional Open Space Park Joint Powers Authority. These partners supported an initial biological assessment, collection of aerial imagery, and development of an initial layout. Their involvement will continue through construction. 1)The City receives approximately $15,000 in Community Development Block Grant (CDBG) funding per year. The most recent project that involved CDBG funding was installation of Americans with Amiabilities act (ADA)compliant pedestrian and bicycle improvements at the intersection of 22nd Street, Camino del Mar, and Coast Boulevard. The project served Del Mar residents (total population 4,200 people) many of whom use this corridor daily, as well as many out of town visitors who drive on Camino del Mar. 2) The City is currently in the process of replacing Camino Del Mar bridge over the San Dieguito River to address rehabilitation needs of condition, seismic performance, scour, and hydraulic performance. The project is 88.53% funded by the Federal Highway Bridge Program and the rest of the funding is provided via local match. Once completed, the bridge will benefit 4,200 residents and approximately 2 million visitors annually. 3) In 2018, the City received a grant from California Office of Emergency Services (OES) and Federal Emergency Management Agency (FEMA)for storm response efforts to mitigate severe winter storms, flooding and erosion. The City performed emergency protective measures to provide continued safety to the community which benefited the entire population of Del Mar and many visitors.

Joe Bride Public Works Director
(858) 704-3681 (858) 755-2794 [email protected]
Karen Falk Principal Engineer
(858) 375-9533 (858) 755-2794 [email protected]
12 January 10, 2022 Item 07

C O U N T Y O F S A N D I E G O

COMMUNITY ENHANCEMENT GRANT APPLICATION

SUMMARY OF FINANCIAL INFORMATION
ORGANIZATION NAME: City of Del Mar
Rev. 04/20 4 of 5
Financial Solvency: Please Type Initials
I hereby certify that this organization is currently financially solvent and not at risk for insolvency. I also understand that the County's contribution may not exceed fifty percent (50%) of this organization's current fiscal year operating budget

FINANCIAL STATEMENT PRIOR

YEAR ACTUALS

CURRENT
YEAR BUDGET Current Year Start Date:

COMMUNITY ENHANCEMENT GRANTS
COUNTY NEIGHBORHOOD REINVESTMENT GRANTS (Formerly
Community Projects Grants)

OTHER REVENUES
(Please itemize below)

TOTAL REVENUES
(If more than $50,000, attach IRS form 990 or 990EZ. If $50,000 or less, attach IRS form 990-N e-postcard))

TOTAL EXPENDITURES

OPERATING SURPLUS (DEFICIT)
JB
Jul 1, 2021
$0 $0
$0 $0
City Funding $32,965,128 $28,803,490
Malk Nature Fund Grant $15,000 $0
Private Donation $5,000 $0
Rotary Club of Del Mar $1,000 $0
San Dieguito River Valley Conservancy $19,000 $0
$33,005,128 $28,803,490
$27,148,015 $28,350,600
$5,857,113 $452,890
13 January 10, 2022 Item 07
Rev. 04/20 5 of 5

RESOLUTION OF THE BOARD OF DIRECTORS
OF
(Organization name)
WHEREAS, the County of San Diego Community Enhancement Program provides funding for nonprofit corporations for certain specified purposes; and WHEREAS, the
wants to file an application with County of San Diego for Community Enhancement Program funding.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of :
(Organization name)
(Organization name)

1. Confirms that is a non-profit
California corporation or a public agency under the laws of the State of California;

2. Approves the filing of an application with the County of San Diego for Community Enhancement Program funding during the County's current fiscal year; and

3. Authorizes the people listed below to sign a grant agreement with the County of San Diego for Community Enhancement funds for the current fiscal year.

1. Print Name:

Title:

Signature:

2. Print Name:

Title:

Signature:

3. Print Name:

Title:

Signature:

Adopted on this day of ,
Secretary, Board of Directors
Validate
City of Del Mar
City of Del Mar
City of Del Mar
City of Del Mar
Ashley Jones
Interim City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Acting City Clerk
January 2022
14 January 10, 2022 Item 07
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Sarah Krietor, Management Analyst/Acting City Clerk Via Ashley Jones, City Manager
DATE: January 10, 2022
SUBJECT: Approval of an Amendment to the Management and Professional Compensation Plan
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council adopt the Resolution (Attachment A) amending the Fiscal Year 2021-2022 Management and Professional Compensation Plan to reflect the new City Manager’s approved salary.

DISCUSSION/ANALYSIS:

The Public Employees’ Retirement Law (PERL) requires that pay rates for all City employees are reflected within a publicly available pay schedule, or compensation plan, that has been approved and adopted by the City Council at a public meeting (Government Code Sections 20636 and 20636.1.) In keeping with this requirement, staff has amended the Fiscal Year 2021-2022 Management and Professional Compensation Plan to reflect the new City Manager’s salary (Exhibit A to Attachment A), which was part of the employment agreement that was approved by the City Council on December 13, 2021.

PRIOR CITY COUNCIL REVIEW:

The City Council approved the City Manager’s employment agreement on December 13, 2021.

FISCAL IMPACT:

There is no fiscal impact associated with this agenda item. The recommended action is administrative and memorializes previously approved Council actions.

ATTACHMENTS:

Attachment A- Resolution Amending Management and Professional Compensation Plan Exhibit A-2021/2022 Management and Professional Compensation Plan 1 January 10, 2022 Item 08

ATTACHMENT A
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

DEL MAR, CALIFORNIA, AMENDING THE FISCAL YEAR
2021-2022 MANAGEMENT AND PROFESSIONAL

COMPENSATION PLAN
WHERAS, Public Employees’ Retirement Law (PERL) requires that pay rates for all City employees are reflected within a publicly available pay schedule, or compensation plan, that has been approved and adopted by the City Council at a public meeting; and
WHEREAS, the City of Del Mar maintains publicly available compensation plans for all City employees, including Management and Professional employees; and WHEREAS, on December 13, 2021, the City Council approved an employment agreement with the City Manager memorializing the terms and conditions of employment, including compensation; and
WHEREAS, the City Manager’s compensation has been added to the Management and Professional Compensation Plan which is retroactively effective to December 13, 2021; and
WHEREAS, the City Council has been presented with and has reviewed the revised Management and Professional Compensation Plan for the 2021-2022 fiscal year.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that the above recitals are true and correct.

BE IT FURTHER RESOLVED that the City Council does hereby approve and adopt the proposed Fiscal Year 2021-2022 Management and Professional Compensation Plan as shown in Exhibit A.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular meeting held this 10th day of January, 2022. _____________________________
Dwight Worden, Mayor
City of Del Mar
2 January 10, 2022 Item 08
Resolution No. 2022-_____

Page 2 of 2 ends

APPROVED AS TO FORM:
________________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Acting City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution 2022- XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 10th day of January 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
3 January 10, 2022 Item 08

CITY OF DEL MAR

MANAGEMENT AND PROFESSIONAL COMPENSATION PLAN
SALARY INCREASE 1.7%

POSITION TITLE RANGE
City Manager M500 Contract 240,000.00
Assistant City Manager M900 - 203,020.66 154,731.14
Department Directors M850 - 181,268.44 138,152.80
Deputy Directors/Managers M800 - 142,120.38 108,316.31
Finance Officer M780 - 130,010.98 99,087.18
Information Technology Manager II P287 - 127,192.72 96,939.27 Maintenance Superintendent II P276 - 114,005.85 86,888.97 Information Technology Manager I P274 - 111,759.48 85,176.91 Senior Management Analyst P274 - 111,759.48 85,176.91
Senior Planner P274 - 111,759.48 85,176.91
Maintenance Superintendent I P269 - 106,335.31 81,042.90 Associate Management Analyst P259 - 96,263.97 73,367.08 Associate Planner P259 - 96,263.97 73,367.08
Facilities Supervisor P249 - 87,146.52 66,418.26
-
Management Analyst P244 - 82,916.93 63,194.70
Assistant Planner II P244 - 82,916.93 63,194.70
Assistant Management Analyst P233 - 74,320.41 56,642.91 Parking Enforcement Sergeant P233 - 74,320.41 56,642.91 Lifeguard Sergeant P233 - 74,320.41 56,642.91
Assistant Planner I P229 - 71,420.44 54,432.72
*City Manager contract salary effective December 13, 2021 EFFECTIVE JULY 1, 2021*

ANNUAL SALARY
4 January 10, 2022 Item 08
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Jon Edelbrock, Director of Community Services and Lifeguard Chief Via Ashley Jones, City Manager
DATE: January 10, 2022
SUBJECT: Acceptance of a Donation from the Del Mar Lifeguard Association REQUESTED ACTION/RECOMMENDATION:

It is recommended that the City Council accept a donation of $17,000 from the Del Mar Lifeguard Association to be used to purchase a lifeguard boat and engine as further described in Attachment A, and amend the Fiscal Year 2021-22 Operating and Capital Budget as indicated in the Fiscal Impact section of this report.

DISCUSSION/ANALYSIS:

On December 21, 2021, the City of Del Mar received a donation funding commitment from the Del Mar Lifeguard Association to be used to purchase an inflatable rescue boat (IRB) and engine to replace one of the City’s aging vessels in Fiscal Year 2021-22 (Attachment A). Funds for the purchase of a replacement IRB and engine were approved as part of the two-year budget process to be used in Fiscal Year 2022-23. However, there is an immediate need to replace these items sooner than originally anticipated, and the donation from the Lifeguard Association provides the City with the opportunity to do so.

The donated funds will be used to cover the cost of an Arancia Inflatable Rescue Boat, 30 horsepower Mercury outboard engine, 25-liter fuel bladder, door-to-door freight, and insurance to cover any damage or loss during shipping. The purchase of the IRB will be made in accordance with the requirements of the City’s Purchasing Policy.

ENVIRONMENTAL REVIEW:

FISCAL IMPACT:

Acceptance of the donation from the Del Mar Lifeguard Association will provide a total of $17,000 in funding to the City of Del Mar for Fiscal Year 2021-22, which will be allocated to the Equipment Replacement Fund. Approval of this item will amend the FY 2021-22 1 January 10, 2022 Item 09
City Council Agenda Report
Acceptance of a Donation from the Del Mar Lifeguard Association January 10, 2022

Page 2 of 3 ends

operating budget as reflected in the table below and will have no impact to the General Fund Contingency. Changes to the FY 2022-23 budget related to the purchase of these items will be accounted for during the Budget Update resulting in a net savings to the City.

DESCRIPTION ACCOUNT AMOUNT
Revenue
Contributions 01.4800.4831 $17,000
Subtotal: 17,000
Expenditures
Equipment Replacement Fund 01.5890.5997 $17,000
Subtotal: $17,000
TOTAL GENERAL FUND CONTINGENCY IMPACT: $0
ATTACHMENTS:

Attachment A - Del Mar Lifeguard Association Letter
2 January 10, 2022 Item 09

ATTACHMENT A

3 January 10, 2022 Item 09
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Kseniia Izgarskaia, Management Analyst
Via Ashley Jones, City Manager
DATE: January 10, 2022
SUBJECT: Resolution Authorizing the Submittal and Processing of an Application for the Fiscal Years 2022-2023 through 2026-2027 Community Development Block Grant Funding for Reconstruction of Sidewalks, Walkways, and Pedestrian Ramps to Meet ADA Compliance
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council conduct a public hearing and adopt a Resolution (Attachment A) authorizing submittal and processing of a combined application (Attachment B) for the Fiscal Years 2022-2023 through Fiscal Year 2026-2027 Community Development Block Grant (CDBG) program.

BACKGROUND:

The Community Development Block Grant (CDBG) Program is a U.S. Department of Housing and Urban Development (HUD) program that provides funds annually to all entitlement jurisdictions. CDBG funds are used for community development, affordable housing activities that benefit low-income households and persons with special needs, and enhancement of infrastructure and facilities to provide a suitable and sustainable living environment for community residents.

The City of Del Mar has participated in the federally funded CDBG program since it began in 1974, predominantly relying on CDBG funds for street rehabilitation projects in eligible neighborhoods. Most recently, the City combined Fiscal Year 2017-2018 through Fiscal Year 2021-2022 CDBG funds to install pedestrian, vehicle, and bicycle improvements at the intersection of 22nd Street, Camino del Mar, and Coast Boulevard.

DISCUSSION/ANALYSIS:

Pedestrian routes at various locations within the City of Del Mar were constructed prior to enactment of the Americans with Disabilities Act (ADA) and many do not meet current ADA Standards. Having completed a thorough evaluation of all major pedestrian routes and prioritized needs for improvements, City staff is proposing the reconstruction of ADAcompliant pedestrian ramps on Coast Boulevard between 17th Street and 22nd Street, and driveway/sidewalk improvements at a single location on 15th Street between Camino Del Mar and Ocean Ave. The project will be constructed by City staff and a contractor following a public bid process.
1 January 10, 2022 Item 10
City Council Agenda Report
Community Development Block Grant Application FY 2022-2023 through FY 2026-2027 January 10, 2022

Page 2 of 2 ends

To fund the project, the City will pursue $80,000 in combined CDBG funds for the Fiscal Years 2022-2023 through 2026-2027, including a carryover of remaining funds from FY 2021-2022.

Combining five years’ of CDBG funding allows the City to comply with the County of San Diego Health & Human Services Agency’s minimum financing requirements and maximize economies of scale to more efficiently bid and construct a larger project for installation of ADA-compliant sidewalks, walkways, and pedestrian ramps.

FISCAL IMPACT:

There is no current fiscal impact associated with applying for the grant. The City’s estimated CDBG revenues for Fiscal Years 2022-2023 through 2026-2027 are presented in Table A, and total project expenditures are presented in Table B below.

Table A: Estimated CDBG funds

ESTIMATED REVENUES AMOUNT
CDBG grant - Fiscal Year 2022 (carryover) $4,389
CDBG grant - Fiscal Year 2023 $16,609
CDBG grant - Fiscal Year 2024 $15,000
CDBG grant - Fiscal Year 2025 $15,000
CDBG grant - Fiscal Year 2026 $15,000
CDBG grant - Fiscal Year 2027 $14,002
TOTAL: $80,000
Table B: Estimated Project Expenditures

PROJECT EXPENDITURES AMOUNT
Engineering Design $15,000
Construction $75,000
Construction Management 10,000
TOTAL: $100,000
CDBG funds will cover the cost of engineering design ($15,000) and partial construction ($65,000) of the proposed improvements. Total project costs are estimated at $100,000 with the remaining $20,000 being supplemented from the City’s General Fund. The required allocation for this project will be included in the Fiscal Year 2022-2023 Operating and Capital Budget update which will be reviewed by the City Council in June 2022.

ENVIRONMENTAL IMPACT:

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Maintenance of essential infrastructure for public safety is on the list of Council goals and priorities.

ATTACHMENTS:

Attachment A – Resolution Authorizing the Submittal and Processing of an Application Attachment B – CDBG Grant Application
2 January 10, 2022 Item 10
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, AUTHORIZING THE SUBMITTAL AND

PROCESSING OF AN APPLICATION FOR FISCAL YEARS
2022-2023 THROUGH 2026-2027 COMMUNITY

DEVELOPMENT BLOCK GRANT FUNDING
WHEREAS, Public Law 93-383, the Housing and Community Development Act (the Act) of 1974, provides for Federal assistance for community development activities in urban areas; and
WHEREAS, the County of San Diego is the authorized agency under the Act to apply for and accept Community Development Block Grants for distribution to unincorporated territories and various cities within the County, including the City of Del Mar; and
WHEREAS, the City of Del Mar desires to continue participation in the Fiscal Years 2022-2023 through 2026-2027 Community Development Block Grant (CDBG) Program, with the intended use of awarded CDBG Funds to be the installation of sidewalk and pedestrian ramp improvements in accordance with the Americans with Disabilities Act along Coast Boulevard and on 15th Street; and WHEREAS, the City of Del Mar will budget the necessary appropriations in Fiscal Year 2022-2023 Operating and Capital Budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Del Mar does hereby authorize staff to submit and process an application with the San Diego County Housing and Community Development Department for Fiscal Years 2022-2023 through 2026-2027 CDBG funding, with such funds, as awarded, to be used for the reconstruction of sidewalk and pedestrian ramp improvements in accordance with the Americans with Disabilities Act along Coast Boulevard and on 15th Street.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 10th day of January 2022. _____________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
3 January 10, 2022 Item 10
Resolution No. 2022-XX

Page 2 of 2 ends

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
4 January 10, 2022 Item 10
 



David Estrella
Director
3989 --2207 LIVEWELLSD.ORG
SDHCD.ORG
Proposals Due
5:00 p.m. Monday, November 1, 2021
5 January 10, 2022 Item 10

Page 2 ends


The Community Development Block Grant (CDBG) Program is a U.S. Department of Housing and Urban Development (HUD) program that provides funds annually to all entitlement jurisdictions. CDBG funds are used for community development and affordable housing activities that benefit low-income households and persons with special needs.   
If you are interested in being placed on the community meetings or NOFA mailing lists, or if you have questions about this application, the CDBG Program, or other Housing and Community Development Services programs, please call (858) 694-8724. 

 
Proposals should be submitted via email   Application packages may also be submitted via mail to the Housing and Community Development Services office at 3989 Ruffin Rd., San Diego, CA 92123. 
               
                  
Submit
6 January 10, 2022 Item 10
Page 

Please review the below listed eligible requirements and ensure your project meets them before proceeding with the application.

Project serves the unincorporated County or has been approved by a Participating City Council
Project is an eligible activity: (please select one)
 Public Facilities
 Infrastructure
 Non-Homeless Special Needs
 Planning/Admin
 Economic Development
 Public Services
 Other: ____________________________________
Please click here to see the full list of eligible activities.

Project meets a national objective: (please select one)  Primarily benefit low- and moderate-income households (under 80% AMI)  Aid in the elimination of slum or blight conditions
 Meet an urgent community need
Please click here to see a detailed explanation of CDBG national objectives.

Project serves a County of San Diego goal: (please select one)  Increase affordable housing opportunities for low- to moderate-income and special needs residents
 Prevent and end homelessness through accessible housing and support services  Enhance community infrastructure and facilities to provide a suitable and sustainable living environment
 Provide housing and support services for those living with HIV/AIDS Please  and goals.

Applicant is a public entity or tax-exempt nonprofit organization Applicant has a DUNS number and is registered and in good standing with SAM.Gov
Applicant has a financial audit or A-133 single audit
 Authorized Official Signature:

The County will provide technical assistance to any organization planning to submit a proposal.

Additionally, the County will provide guidance if your organization is concerned about meeting program or application requirements.   



Submit
7 January 10, 2022 Item 10
Page 
PART . Summary Information

1. Organization/Department: 2. Type of Organization:
 Non-Profit  Participating City
 County Department  Other:

3. Project Title:

4. Name/Title of Authorized Official: 5.  Email: 6. Authorized Official Signature:

7. Program Address: 8. Mailing Address (If different):

9. Project Manager: 10. Contact Phone: 11. Contact Email:

12. Federal DUNS Number: 13. SAM/CCR Expiration Date: 14. Does your organization expend $750,000 or more a year in federal funds?
 Yes  No
PART . Project Proposal Overview

1. Community/Population to be served (please be
specific):

2. What Percent of request will serve
unincorporated County? ________%

3. Location of Project: 4. Census Tracts of Project:

5. Type of Activity: (Please check only one)
 Public Facilities  Infrastructure  Non-Homeless Special Needs  Planning/Admin  Economic Development  Public Services  Other: ____________________________________

6. CDBG Funds Requested: 7. Total Project Cost:

8. Specific Use of Requested CDBG Funds: (Please be specific and concise as to what CDBG funds will support.)

9. Other Funding Sources:
(Please specify source for
each)
Other Federal: $
State/Local: $
Private Sources: $
Other: $
CDBG Funds Previously
Allocated to Project:
$

10. Which CDBG National Objective does your project meet? (Please see Attachment C for details)  Primarily benefit low- and moderate-income households (under 80% AMI)  Aid in the elimination of slum or blight conditions
 Meet an urgent community need (Note: this is applicable in very limited circumstances.)

11. Any real property acquired or improved with $25,000+ CDBG funds must continue to meet a national objective for 5 years after expiration of the contract/MOU. Describe how your agency will comply:

12. Describe what types of permits, if any, are required for the project:

City of Del Mar
ADA Compliant Sidewalk, Walkways, and Pedestrian Ramps
Joe Bride, Public Works Director [email protected]
1050 Camino del Mar, Del Mar, CA 92014
Karen Falk, Principal Engineer 858-375-9533 [email protected] 004952065 01/13/2022
City of Del Mar: 15th St. and Coast Blvd.
0 Del Mar CA 92014 (15th St., Coast Blvd b/w 17th St. and 22nd St.) 017200 $80,000 (for FY 23 through FY 27) $100,000
$80,000 = ($4,389 carryover from FY 22; $16,609 for FY 23; $15,000 for FY 24, $15,000 for FY 25, $15,000 for FY 26, $14,002 for FY 27). CDBG funds will support design and construction phases of the Project for installing ADA-compliant ramps, aprons, and pedestrian improvements. 20,000 from the City's General Fund
ADA-compliant sidewalk improvements have a useful life of approximately 50 years.

No permits are required for the project.




Submit
8 January 10, 2022 Item 10
Page 
PART . Project Narrative

1. Project Title:

2. Project Goal:

Please select only one
of the following that
most accurately
describes what you
intend to accomplish by
carrying out this activity.
 Increase affordable housing opportunities for low- to moderate-income and special needs residents
 Prevent and end homelessness through accessible housing and support services  Enhance community infrastructure and facilities to provide a suitable and sustainable living environment
 Provide housing and support services for those living with HIV/AIDS

3. Project Outcome:

Please select only one
of the following project
performance
measurement
outcomes.
 Availability/Accessibility  Activities that make services, infrastructure, housing, and shelter accessible. Note that accessibility does not only refer to physical barriers.  Affordability  Activities that provide affordability in a variety of ways. It can include creation or maintenance of affordable housing, infrastructure hookups, or services.  Sustainability  Activities that promote livable or viable communities and neighborhoods by providing services or reviving slums/blighted areas.

4. Statement of Problem: Describe the problem or need the proposed activity is intended to address.

5. Service Area and Target Population: Describe the characteristics of the population to be served and the geographic area to be benefited. You must include a map showing project location and service area.

6. Project Description: Describe the proposed project and specifically how CDBG funds will be used.

7. Proposal Beneficiaries: Indicate the unduplicated number of people or households that will directly benefit from your proposal. Include a sample intake form or your methodology for calculation.

ADA Compliant Sidewalk, Walkways, and Pedestrian Ramps
The Pedestrian routes at various locations within the City of Del Mar were constructed prior to enactment of the Americans with Disabilities (ADA) Act and do not meet current ADA Standards.

The project would consist of installing of ADA-compliant sidewalk, crosswalks, and pedestrian ramps where necessary.

The project locations include 15th St. between Camino Del Mar and Ocean Ave, and Coast Boulevard between 17th St. and 22nd St., a main north/south thoroughfare through the community. The population of Del Mar is approximately 4,000 residents, many of whom use this corridor on a daily basis. In addition, Coast Blvd. serves a far greater number of non-resident individuals daily when factoring in those who work or visit the community.

City staff completed a thorough evaluation of all major pedestrian/bicycle routes and prioritized improvements. The proposed project is the construction of sidewalks, pedestrian ramps, crosswalk, and street resurfacing on 15th St. between Camino Del Mar and Ocean Ave, and Coast Boulevard between 17th St. and 22nd St. The Project will be constructed by a contractor following a public bid process. Construction oversight will be carried out by the Project Manager. To maximize economies of scale and reduce construction administration/start-up costs, the City is requesting that this project be funded through simultaneous use of five Fiscal Years’ worth of CDBG awards 2022-23 through 2026-27, including a carryover of remaining funds from FY 21-22.

The project beneficiaries include approximately 4,000 residents many of whom use the Project location corridor on a daily basis for waking or using bicycles. 139 Del Mar residents with mobility disability will benefit from the proposed ADA-compliant improvements (according to U.S. Census 2020). In addition, Coast Blvd serves a far greater number of non-resident individuals daily when factoring in those who work or visit the community.

Submit
9 January 10, 2022 Item 10
Page 

8. Provide further information on property for which the improvements are being proposed. If applicable.

9. Will the proposed project meet Americans with Disabilities Act standards for access to persons with disabilities? Explain.

10. Performance Measures: Provide a measure that can be used to gauge the effectiveness or impact of your proposal in meeting the needs of the community. How can it be determined whether your proposal yields the desired outcomes or shows an overall improvement in the lives of persons assisted with HUD funds?

11. Documentation Process: Describe your beneficiary income/qualification documentation standards and procedures. For limited clientele activities, describe procedures for documenting program participation including ethnic/income characteristics of participants.

12. Describe relationship of project to local community facilities/services addressing a similar problem:

13. What community organizations are in support of this project?

14. Project Timeline: Provide a detailed timeline for implementation of project, assuming availability of CDBG funds July 2022. CDBG requests must be limited to activities that can spend CDBG funds within 12 months of receipt.

15. Estimated Expenditure
Schedule (FY 2022-23)
Assuming funds are available
July 1, 2022.

July-September 2022 $
October-December 2022 $
January-March 2023 $
April-June 2023 $
The improvements are being proposed for the public right-of-way: pedestrian sidewalks, ramps, and driveway aprons.

Yes. Project improvements will be specifically targeted to provide better access to and use of a City right-of-way, including use by persons with disabilities.

In order to demonstrate efficiency and overall improvement in the lives of the persons assisted with HUD funds, the Project has set the following performance measures: 1) decrease the number of ADA non-compliant ramps and sidewalks comparing to the current number; 2) improve pedestrian safety by decreasing the number of ADA-related claims and complaints.

Not applicable.

There are no other local facilities/services addressing a similar problem as the City is responsible for the public right-of-way improvements.

Not applicable.

Design phase: Spring 2022
Public bidding process: Summer 2022
Construction: October 2022
Project completion: December 2022
15,000
65,000
Submit
10 January 10, 2022 Item 10
Page 
PART . Community Organization Supplemental Information Please only complete Part III if you are submitting on behalf of a community organization.

Participating Cities and County Departments should skip to Part IV.

1. Agency Purpose and Sources of Funding:

2. Agency Operation Time: Indicate length of time agency has been in operation and date of incorporation.

3. Current Services: Describe services currently offered and the number/characteristics of clients served.

4. Organizational Capacity: Discuss agency's capability to develop, implement and administer project.

5. Project Progress: Describe how the agency will monitor project progress in and who will be responsible.

6. Agency Staff: Describe existing staff positions and qualifications.

7. Project Manager: 

8. Financial: financial reporting, record keeping, accounting systems, payment procedures, and audit requirements.

Submit
11 January 10, 2022 Item 10
Page 

9. Describe current zoning on the site and any discretionary land use permits/approvals necessary prior to project implementation: (If applicable)

10. For collaborative projects, name organizations involved and their roles. Please include letters of intent from all participating agencies.

11. Previous Accomplishments: Agencies that have previously received County of San Diego CDBG funds, please describe accomplishments and note year funded. If the agency has not previous received County of San Diego CDBG funds, please describe accomplishments achieved through other funding sources. All descriptions should include the degree to which the objectives were met.

16. Agency Operating Budget: Include a summary of the agency's current General Operating Budget.

15. Davis-Bacon Prevailing Wage Requirements: For public improvement construction projects, Davis-Bacon prevailing wage requirements apply. Please consider this in your budget and indicate source of project cost estimates on which you request for funds is based. Describe your experience with Federal Davis-Bacon or State prevailing wage requirements.

14. Maintenance Funds: Describe specific plans for fund maintenance of project beyond period supported by CDBG funds. Refer to Part , Question 11.

13. Organizational Financial Capacity: CDBG is a reimbursement-only program. Indicate specific amount of your 

12. Project Funding: Describe how the project will be fully funded. Indicate status of other funds in the proposal budget and expected commitment dates, if applicable. Indicate when other funds will be available and include letters of commitment from other funding sources.

Submit
12 January 10, 2022 Item 10
Page 
Part . Participating City and County Department Supplemental Information Please only complete Part IV if you are submitting on behalf of a participating city or County Department.

Community Organizations should skip to Part V.

1. Date of City Council authorization to submit CDBG application, administer project, and execute project:

2. Site Information: Include a description of suitability of site, availability of land, effect on surrounding land use, and conformance with the General Plan.

3. CDBG Funds
Requested
Total CDBG:
$______________
Planning $ Inspections $
Personnel/Administration $ Construction/Installations $ Site Acquisition $ Consultant Cost $
Relocation Assistance $ Supplies/Equipment $
Permits and Fees $ Insurance/Legal $
Engineering/Designs $ Other: ______________ $

4. Who will the project be carried out by? City/County staff, Contractors, Non-Profit, etc.

5. Indicate current project status. If project is phased, describe progress on the current phase and expected completion date of previously funded work.

6. Basis for Staff Recommendation: Please include specific reasons why this project is a priority and note any anticipated problems or delays in implementation.

7. Environmental Review Status:
 Exempt CEQA:
 Exempt NEPA:
 Environmental Assessment Needed Underway  Complete   Environmental Impact Statement Underway  Complete 
County Departments should submit site plans, photos, and service area maps with their applications. Participating Cities should submit site plans, photos, service area maps, intake forms (if applicable), and authorizing resolutions with their applications.

County Departments and Participating Cities do not need to complete Section V.

January 10, 2022 - approval by the Del Mar City Council 15th St. between Camino Del Mar and Ocean Ave, and Coast Boulevard between 17th St. and 22nd St. exist as developed pedestrian/vehicle/roadways. However, much of the infrastructure along these roadways were constructed prior to current ADA accessibility / bicycle route standards. The project would install ADA compliant sidewalk, crosswalks, and pedestrian ramps where necessary. Coast Boulevard is identified in the Del Mar Community General Plan as a local roadway providing vehicular and pedestrian travel opportunities. The project will not change that designation. 65,000
80,000
15,000
The Project will be carried out by City staff and Contractors via competitive bid process.

The project is currently in the pre-design phase. Estimated project timeline: Design phase - Spring 2022; Public bidding process - Summer 2022; Construction - October 2022; Project completion- December 2022.

The Pedestrian route at 15th St. between Camino Del Mar and Ocean Ave, and Coast Boulevard between 17th St. and 22nd St. does not meet ADA Pedestrian standards. The project goal is to improve pedestrian safety and accessibility.

Submit
13 January 10, 2022 Item 10

Page 1 ends

Part . Community Organization Required Documentation Checklist Note: Community Organizations must label their documentation with naming convention listed.

Documentation:

 
Attached Table I. Project Development Budget Summary Form for capital projects, and supplement this with a detailed line-item budget or Table II. Project Operating Budget Form for service projects, whichever is applicable to the proposed project. Include all other funding sources and indicate: a) if funding is committed; b) if funding has been/will be applied for; and c) when these funds will be available. 
 
Letters of commitment from collaborating agencies, if applicable. Combine all letters into one document. 
  Board of Directors/City Council minutes and/or resolution authorizing application for CDBG funds. 
  Current year General Operating Budget.

 
Current Board of Directors list, including names and addresses. 
Articles of Incorporation and Bylaws   Include all current governing documents.

-Profit Status  
Proof of existing non-profit/tax/exempt status letters from Federal Internal Revenue Service and State Franchise Tax Board

 
Most recent Financial Audit or A-133 Single Audit

Insurance Policy  
Current insurance policy Including amounts covered
 License to Operate  

Designation of Authorized Official   authorizes the representative of the agency (including name and title) to negotiate for and contractually bind the agency.  Organizational Chart  

DUNS  
Proof of existing DUNS number

 
Proof of active Central Contractor Registration (SAM/CCR) for organization 
Service Area Map  
If your project serves all the residents of a given area, please provide a map or maps with the project service area(s) clearly outlined.

Sample Intake Form  
If your project serves primarily low-to moderate-income persons or households, provide a sample of the intake/assessment form(s) that are currently being used to document that at least 51% of beneficiaries are lowand moderate-income persons. 
Contractor Estimates  
If applicable, 2+ itemized contractor estimates for work to be performed and/or equipment to be purchased. 
 
Copy of current lease if project site/facility is leased 
  Complete and submit attached conflict of interest form.

Submit
14 January 10, 2022 Item 10
15 January 10, 2022 Item 10
Proposed Project Areas
16 January 10, 2022 Item 10
Location 1. Coast Blvd & 22nd Street (North corner)
Location 2. Coast Blvd & 22nd Street (South corner)
Location 3. Coast Blvd & 21st Street (North corner)
Location 4. Coast Blvd & 21st Street (South corner)
17 January 10, 2022 Item 10
Location 5. Coast Blvd & 20th Street (Northeast corner) Location 6. Coast Blvd & 20th Street (Southeast corner) Location 7. Coast Blvd & 20th Street (Northwest corner) Location 8. Coast Blvd & 20th Street (Southwest corner) 18 January 10, 2022 Item 10
Location 9. Coast Blvd & 19th Street (Northeast corner) Location 10. Coast Blvd & 19th Street (Southeast corner) Location 11. Coast Blvd & 19th Street (Northwest corner) Location 12. Coast Blvd & 19th Street (Southwest corner) 19 January 10, 2022 Item 10
Location 13. Coast Blvd & 18th Street (Northeast corner) Location 14. Coast Blvd & 18th Street (Southeast corner) Location 15. Coast Blvd & 18th Street (Northwest corner) Location 16. Coast Blvd & 18th Street (Southwest corner) 20 January 10, 2022 Item 10
Location 17 and 18. Coast Blvd & 17th Street (Northeast and Southeast corners) Location 19. 15th Street between Camino del Mar and Ocean Ave (North side) 21 January 10, 2022 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Sarah Krietor, Management Analyst/Acting City Clerk Via Ashley Jones, City Manager
DATE: January 10, 2022
SUBJECT: City Council Local and Regional Appointments for 2022 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 2022 from among its members to the identified regional and local boards, commissions, committees and subcommittees; and identify and authorize the elimination of any committees or subcommittees that are no longer deemed necessary.

DISCUSSION/ANALYSIS:

Council Members 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 committees/subcommittees have achieved their objectives and should be disbanded.

To assist the City Council in focusing their discussion, staff has highlighted on Attachment A to this agenda report, the appointments that one or more Councilmember(s) have indicated they are interested in discussing or potentially changing. Additionally, Attachment A reflects the changes to Citizen Advisory Committees that the City Council adopted on December 7, 2021, such as the updated committee meeting schedule/frequency and removing the Business Support Advisory Committee. Staff will update the final 2022 Local and Regional Appointments with any additional changes to Citizen Advisory Committees adopted by the City Council this evening, which are being contemplated under a separate agenda item.

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; Metropolitan Wastewater Commission; and the San Diego County 1 January 10, 2022 Item 11
City Council Staff Report
2022 Council Local Appointments
January 10, 2022

Page 2 of 2 ends

Water Authority (SDCWA). Pursuant to regulations of the Fair Political Practices Commission (FPPC), the City is required to report this information to the FPPC annually.

FISCAL IMPACT:

There is no fiscal impact to be taken by the City Council related to this agenda item.

ATTACHMENTS:

Attachment A – Del Mar City Council Local and Regional Appointments 2021 2 January 10, 2022 Item 11

DEL MAR CITY COUNCIL
2021 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 11, 2021; Amended on April 19, 2021; Amended on September 20, 2021 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 at 2p.m.
4 th Wednesday, Del Mar Town Hall
Dwight Worden

Dave Druker
Business Support Advisory Committee
Meets at 9 a.m.
4 th Tuesday, Del Mar Town Hall
Terry Gaasterland

Tracy Martinez
Finance Committee
Meets Quarterly at 4:30PM
4 th Tuesday, Del Mar Town Hall
Terry Gaasterland Dan Quirk
Measure Q Citizen Oversight Committee
Twice per year or as-needed Dave Druker Dan Quirk
Parks & Recreation Committee
Meets Quarterly at 4:45 p.m.
2 nd Wednesday, Del Mar Town Hall
Dave Druker Dwight Worden
San Dieguito Lagoon Committee
Meets Quarterly at 5:00 p.m.
3 rd Wednesday, Breezeway North and South
Conference Room, City Hall
Dwight Worden Dan Quirk
Shores Advisory Committee
On Hold
Meets at 8 a.m.
2 nd Wednesday, Del Mar Town Hall
Terry Gaasterland Tracy Martinez
Sustainability Advisory CommitteeBoard
Meets Quarterly at 5:00 p.m.
2 nd Monday, Del Mar Town Hall
Dwight Worden Dave Druker
Traffic and Parking Advisory Committee (TPAC)
Meets Quarterly Meets at 5:00 p.m.
3 rd Tuesday, Del Mar Town Hall
Tracy Martinez Dwight Worden
Undergrounding Project Advisory Committee
On Hold
Meets at 7:30 a.m.,
2 nd Thursday, Del Mar Town Hall
Terry Gaasterland Dan Quirk
3 January 10, 2022 Item 11

DEL MAR CITY COUNCIL
2021 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 11, 2021; Amended on April 19, 2021; Amended on September 20, 2021 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*
* The Housing Subcommittee also acts as liaisons to the Del Mar Housing Corporation
Terry Gaasterland Tracy Martinez
Human Resources Subcommittee Dave Druker Dwight Worden
Safe Rail Crossing and Bluff Stabilization
Subcommittee *Same liaisons as North County Transit District Dan Quirk Terry Gaasterland
Long-Term Rail Relocation Subcommittee*
* Same liaisons as North County Transit District Dan Quirk Terry Gaasterland Planning Process Subcommittee Dave Druker Terry Gaasterland Watermark Project Subcommittee (On Hold)
Sea-Level Rise Adaptation Plan Implementation
Subcommittee Terry Gaasterland Tracy Martinez
Clean Water Rate Project Dave Druker Dan Quirk
Ad-Hoc Referendum Subcommittee Terry Gaasterland Dave Druker Legislative Subcommittee*
* Members serve 2-year terms Terry Gaasterland Dave Druker Ad-Hoc Committee Efficiencies Task Force Dwight Worden Tracy Martinez Solid Waste Procurement Services Ad-Hoc
Subcommittee Dwight Worden Dan Quirk
4 January 10, 2022 Item 11

DEL MAR CITY COUNCIL
2021 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 11, 2021; Amended on April 19, 2021; Amended on September 20, 2021 3

COMMUNITY ORGANIZATIONS
Organization Council Liaisons
Del Mar Community Connections Tracy Martinez Dan Quirk
Del Mar Village Association Dave Druker Dan Quirk
Del Mar Non-Profits Quarterly Meetings Mayor Deputy Mayor

REGIONAL ORGANIZATIONS
Organization Primary Alternate
Clean Energy Alliance Joint Powers Agreement (JPA)
Quarterly or as-needed Dave Druker Dwight Worden
Regional Solid Waste Association (RSWA)*
Quarterly or as-needed Dwight Worden Dan Quirk
League of California Cities – San Diego Chapter
Meets the 2nd Monday of the month
Four Points Hotel, Aero Dr., 11:45 a.m.

Mayor Deputy Mayor
North County Transit District*
Regularly meets 1st & 3rd Thursdays at NCTD in
Oceanside.

Liaisons to Long-Term Rail and Safe Bluff Crossing Subcommittees.

Dan Quirk Terry Gaasterland
SANDAG Board of Directors*
Meets 2nd & 4th Fridays or as scheduled
Terry Gaasterland

Dave Druker (1st)
Dan Quirk (2nd)
SANDAG Transportation Committee*
Meets 1st & 3rd Fridays – 9 to Noon
No Del Mar Rep.
(Appointed by North
County Coastal Region)
No Del Mar Rep.
(Appointed by North
County Coastal Region)
SANDAG Executive Committee*
Meets 2nd Friday-9 a.m. to 10 a.m.

No Del Mar Rep.
(Appointed by North
County Coastal Region)
No Del Mar Rep.
(Appointed by North
County Coastal Region)
SANDAG Borders Committee*
Meets 4th Friday-12:30 p.m. to 2:30 p.m.

Dave Druker
(Appointed by North
County Coastal Region)
No Del Mar Rep.
(Appointed by North
County Coastal Region)
SANDAG Public Safety Committee*
Meets 3rd Friday-1:00 p.m.-3:00 p.m.

No Del Mar Rep.
(Appointed by North
County Coastal Region)
SANDAG Shoreline Preservation Working Group
Meets quarterly, during the day, at SANDAG,
time set in advance.

Dwight Worden Terry Gaasterland
5 January 10, 2022 Item 11

DEL MAR CITY COUNCIL
2021 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 11, 2021; Amended on April 19, 2021; Amended on September 20, 2021 4 Organization Primary Alternate
SANDAG Energy Working Group
Meets 3rd Thurs, 11:30 to 1 p.m. No Del Mar Rep.
(Appointed by North
County Coastal Region)
No Del Mar Rep.
(Appointed by North
County Coastal Region)
San Diego County Water Authority*
Meets Monthly – 4th Thursday
Appointed 3/5/2018
Mel Katz City Manager
METRO Commission/JPA*
San Diego Metropolitan Wastewater JPA Advisory
Committee to San Diego
1 st Thursday/month at Noon
Dan Quirk Public Works Director
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
CSA-17 Ambulance District Adv. Board
Meets quarterly at 4:00 p.m. – As-needed
1 st Tuesday (Feb/May/Aug/Nov) at Solana Beach City
Council Chambers. This board oversees ambulance
services in Del Mar, Encinitas, Solana Beach, and
Rancho Santa Fe.

Tracy Martinez Dave Druker
22nd District Agricultural Association – Community
Relations Committee
2 nd Tuesday/month at 10:30 a.m.

Tim Fennell’s office
Terry Gaasterland
Tracy Martinez
There are two primary
liaisons and no
alternate
LAFCO Cities Advisory Committee
Meets intermittently.

City Manager Assistant City
Manager
Fire Governance Board (Solana Beach, Del Mar,
Encinitas) Dave Druker Tracy Martinez
*Receives stipend.
6 January 10, 2022 Item 11
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Mayor Dwight Worden and Deputy Mayor Tracy Martinez Sarah Krietor, Management Analyst/Acting City Clerk
Kseniia Izgarskaia, Management Analyst
Via Ashley Jones, City Manager
DATE: January 10, 2022
SUBJECT: Continuation of Committee Efficiencies Taskforce Report and Recommendations REQUESTED ACTION/RECOMMENDATION:

Mayor Worden and Deputy Mayor Martinez recommend that the City Council take the following actions related to the City’s committee system:
1) Adopt a Resolution rescinding prior committee charters and restating the revised charters as shown in Exhibits A-H to the Resolution (Attachment A). 2) Adopt a Resolution amending the Standard Operating Principles for Advisory Committees as shown in Exhibit A to the Resolution (Attachment B). 3) Adopt a Resolution amending City Council Policy 200 - City Council Advisory Committees, Boards and Commissions (Policy 200) and Policy 202 –Responsibilities and Expectations of Council Liaisons to City Advisory Committees and of Council Representatives to Outside Agencies as shown in Resolution Exhibits A and B respectively (Attachment C). 4) Discuss any other items related to the Committee Efficiencies Taskforce’s report and recommendations, as needed.

DISCUSSION/ANALYSIS:

The City of Del Mar benefits greatly from a robust advisory committee system made up of talented volunteers and the City Council identified the review of the City’s existing committee system and structure as a priority prior to the restarting of City committees in 2022. Mayor Worden and Deputy Mayor Martinez were assigned to the Committee Efficiencies Taskforce (Taskforce) to complete the review. The Taskforce completed a comprehensive review of the City’s committee system and is making recommendations on how it could be made stronger, more efficient, and more up to date. It is in that light that the Taskforce brings this report to Council and to the public with recommendations for reactivating a strong and improved advisory committee system.

The City Council considered the Taskforce’s recommendations at the December 7, 2021, Special Meeting and took various actions related to advisory committees including dissolving the Business Support Advisory Committee, placing the Shores Park and Undergrounding Project Advisory Committees on hold, adopting the 2022 Advisory Committee Meeting Schedule, extending the terms of committee members who’s committees have not been meeting due to COVID-19, and approving operational recommendations such as revisions to the Citizen Interest Form and use 1 January 10, 2022 Item 12
City Council Agenda Report
Continuation of Committee Efficiencies Taskforce Recommendations January 10, 2022

Page 2 of 5 ends

of handouts for committee officers. Additionally, the City Council directed the Taskforce and staff to return to the City Council at a future meeting with the recommendations related to Committee charters and existing committee procedures and policies to allow the City Council more time to fully consider the proposed changes.

Recommended Updates to Committee Charters
The City’s current advisory committees include the Finance, Parks and Recreation, Shores Park, Sustainability, San Dieguito Lagoon, Arts, Measure Q Citizen Oversight, Traffic and Parking, and Undergrounding Project committees.

Each City advisory committee has a City Council established charter which is a standardized document that includes the committee’s mission and work plan, meeting frequency, and membership requirements. Committee charters guide the Committee’s efforts and provide parameters for the role of each committee as it relates to broader City goals and priorities established by the City Council.

Incorporating feedback from committee chairs and staff liaisons, the Taskforce reviewed each committee’s charter and is proposing revisions to each charter to eliminate overlap in committee missions and clarify and update work plans based on the City’s current needs and practices.

Some of the major changes being recommend include:
 Adding the proposal and planning of art events to the Arts Advisory Committee Charter.  Updating the Finance Committee Charter to specify the Committee’s specific work program items including reviewing the City’s budget, Annual Comprehensive Financial Report (ACFR), CalPERS Cost Sharing and Pension Reserve Fund, City’s Pension Reserve Policy and other matters such as fee assessments and long-term financial planning.
 Updating the Parks and Recreation Committee Charter to add review of guidelines for City trails, adopt-a-spots, and recreational facilities.  Changing the name of the Sustainability Advisory Board to the Sustainability Advisory Committee (SAC) and updating the charter to include monitoring the activities of the Clean Energy Alliance (CEA).

The Taskforce recommends that the City Council review the recommended revisions to the committee charters and adopt the Resolution (Attachment A) rescinding all prior committee charters and restating the revised charters as shown in Exhibits A-H to Attachment A. If the Council wishes to solicit feedback from the committees on the revised charters, they can direct staff to route the updated and newly adopted charters to the committees for any additional comments or feedback, which could be considered by the City Council as may be needed at a future meeting.

It should be noted that the Undergrounding Project Advisory Committee (UPAC) was placed on hold on December 7, 2021, with the UPAC Liaisons directed to return to the City Council with a recommendation on how to proceed with the committee at the appropriate time. As such the UPAC charter is not included with the proposed Resolution. 2 January 10, 2022 Item 12
City Council Agenda Report
Continuation of Committee Efficiencies Taskforce Recommendations January 10, 2022

Page 3 of 5 ends

Changes to Standard Operating Principles for Advisory Committees The City Council adopted Resolution 2014-08 on February 3, 2014, establishing Standard Operating Principles (SOPs) for Advisory Committees, which were most recently reviewed and amended by the City Council on November 19, 2018. The SOPs outline advisory committee procedures for the conduct of committee business including agendas, public communications, conduct of meetings, work tasks and actions taken, and reporting and record keeping. The SOPs are intended to be a guiding resource for committee members, City staff, and Council liaisons.

The Taskforce completed a detailed review of the SOPs and recommend a number of revisions as discussed in more detail below.

One of the primary proposed revisions to the SOPs relates to advisory committees use of staff time and resources. Committee Chairs, as well as staff and Council liaisons identified committee work plans and use of staff time and resources as an area that could be further clarified to improve committee efficiencies when working towards City goals and priorities established by the City Council. As discussed earlier in this agenda report, the City Council adopts a charter for each committee which includes an overarching mission and work plan. For standing committees especially, committee work plans can vary from year to year based on the City’s current needs and City Council’s goals and priorities. Therefore, in order to most effectively organize committee work efforts and plan for the use of staff time and City resources, the Taskforce is recommending a formalized process for establishing annual committee work plans.

Under the proposed annual work plan process outlined in the SOPs, committees will draft their proposed work plan at their first meeting of the calendar year using a standardized format provided by City staff. Work plans will include a description of each work item along with any related requests for staff time and City resources, including financial resources, use of City facilities such as the Town Hall, or other resources. Work plans will also identify any committee subcommittees. Council and staff liaisons to the committee will assist with development of the annual work plan to help ensure that work plans align with the City’s needs and goals for the year.

The City Council will review and approve the annual work plans, making adjustments, and allocate resources as appropriate. The proposed changes also include a process for committees to add items or request changes to their work plan throughout the year. Under this proposed plan, committee work plans would be submitted by February of each calendar year and approved by the City Council in March. Changes to committee annual work plans would be requested and vetted through the City Council liaisons, who may bring the request to the City Council should they deem it appropriate.

To accomplish committee business between quarterly meetings, committees may establish through consensus informal subcommittees made up of less than a quorum of the committee members. Subcommittees may be used to keep committee work plan items moving between formal committee meetings. Informal subcommittees may meet with residents, volunteers, and City staff, but may not discuss committee related information with other committee members outside of a public meeting. Informal subcommittees are not subject to the Brown Act (open meeting law); however, certain committee actions related to subcommittees may trigger Brown Act requirements. Committees should seek guidance from City staff and Council liaisons when establishing informal subcommittees.

Other proposed changes to the SOPs included revisions to the tips for running an effective meeting; inclusion of the standard meeting time of two hours to assist with agenda planning and scheduling; and the addition of language related to member recusals. The Taskforce recommends 3 January 10, 2022 Item 12
City Council Agenda Report
Continuation of Committee Efficiencies Taskforce Recommendations January 10, 2022

Page 4 of 5 ends

that the City Council consider the proposed changes and adopt the Resolution (Attachment B) amending the Standard Operating Principles for Advisory Committees as shown in Exhibit A to Attachment B.

Changes to Existing City Council Policies
In addition to the Standard Operating Principles for Advisory Committees, there are two Council policies, Policy 200 and 202, related to the City Council’s interactions with City advisory committees, boards and commissions. The Taskforce recommends that the City Council consider proposed revisions to City Council Policy 200 - City Council Advisory Committees, Boards and Commissions and Policy 202 – Responsibilities and Expectations of Council Liaisons to City Advisory Committees and of Council Representatives to Outside Agencies and adopt a Resolution (Attachment C) revising Policy 200 (Exhibit A to Attachment C) and Policy 202 (Exhibit B to Attachment C). More information about the proposed revisions is included below.

Policy 200: City Council Advisory Committees, Boards and Commissions Policy 200 outlines the City Council appointment process for City advisory committee members and members of the Design Review Board and Planning Commission. It also provides clear guidelines for concurrent committee assignments, term limits and length, membership size, attendance, and rotation of the chair and vice chair.

The Taskforce reviewed Policy 200 in detail and recommends the Policy be modified as shown in Exhibit A to Attachment C to this agenda report. Some of the most notable proposed changes to Policy 200 include:
1) Adding definitions to the membership requirements for advisory committees related to business owners, and ex-officio members to ensure consistency; 2) Addition of a one-year waiting period for a committee member who has served their two term limit before serving again on the same committee;
3) Addition of a provision to clarify that if a member is appointed to serve the balance of a vacant term of less than six (6) months, the term shall not count toward their two term limit; 4) Standardizing the term length for all advisory committees to be three (3) years. Existing committee members are appointed to four (4) or five (5) year terms; 5) Establishing a City Council subcommittee to review of the City’s committee system every four (4) years; and
6) Limiting committee membership to a maximum number of nine (9) members, including exofficio members. The SAC had ten (10) members total but due to a current vacancy, the membership was adjusted to nine (9) total members in the committee charter. Currently, the Lagoon Committee has more than nine (9) members and the membership could be reduced over time through attrition. The Lagoon Committee charter was amended to reflect this membership change.

Policy 202: Responsibilities and Expectations of Council Liaisons to City Advisory Committees and of Council Representatives to Outside Agencies
The Taskforce reviewed City Council Policy 202 in detail and recommends the Policy be modified as shown in Exhibit B to Attachment C to this agenda report. The changes to Policy 202 are primarily administrative clean up to language and phrasing used in the policy and are overall not substantive. At the December 7, 2022, City Council meeting, Councilmember Martinez recommended an additional change to Policy 202 that would clarify the City’s practice related to regional organization report outs at City Council meetings, which has been incorporated into the 4 January 10, 2022 Item 12
City Council Agenda Report
Continuation of Committee Efficiencies Taskforce Recommendations January 10, 2022

Page 5 of 5 ends

proposed policy. The Taskforce recommends that the City Council consider the proposed revisions and approve the changes or identify any additional revisions that may be needed.

PRIOR CITY COUNCIL REVIEW:

The City Council identified the review of the City’s existing committee system as a priority on February 27, 2021, and created the Taskforce on Committee Efficiencies on April 5, 2021. The City Council received an initial report and recommendations from the Taskforce on December 7, 2021.

FISCAL IMPACT:

There is no immediate fiscal impact or action to be taken by the City Council related to this agenda item.

ENVIRONMENTAL IMPACT:

ATTACHMENTS:

Attachment A- Resolution Amending Committee Charters
Exhibits A-H Various Charters
Attachment B- Resolution Amending the Standard Operating Principles for Committees Exhibit A- Standard Operating Principles for Committees Attachment C-Resolution Amending City Council Policy 200 and 202 Exhibit A- City Council Policy 200- Committees - City Council Advisory Committees, Boards and Commissions
Exhibit B- City Council Policy- 202 Responsibilities and Expectations of Council Liaisons to City Advisory Committees and of Council Representatives to Outside Agencies Attachment D –Agenda Report April 5, 2021- Taskforce to Review Committee Efficiencies 5 January 10, 2022 Item 12

ATTACHMENT A
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, AMENDING AND RESTATING CHARTERS

OF THE CITY OF DEL MAR ARTS ADVISORY COMMITTEE,

FINANCE COMMITTEE, MEASURE Q CITIZEN OVERSIGHT

COMMITTEE, PARKS AND RECREATION COMMITTEE, SAN

DIEGUITO LAGOON COMMITTEE, SHORES ADVISORY

COMMITTEE, SUSTAINABILITY ADVISORY BOARD, AND

TRAFFIC AND PARKING ADVISORY COMMITTEE
WHEREAS, the City of Del Mar has nine standing volunteer advisory committees, including the Arts Advisory Committee, Finance Committee, Measure Q Citizen Oversight Committee, Parks and Recreation Committee, San Dieguito Lagoon Committee, Shores Advisory Committee, Sustainability Advisory Board, and Traffic and Parking Advisory Committee; and
WHEREAS, these committees provide guidance and act as advisory to the City Council on various City issues and projects; and
WHEREAS, over the years the missions and membership details of most advisory committees have been adjusted by resolutions based on the committees’ work program changes; and
WHEREAS, on April 5, 2021, the City Council approved the creation of a City Council ad-hoc subcommittee known as the Committee Efficiencies Taskforce (Taskforce) to review committee efficiencies, and appointed Deputy Mayor Worden and Councilmember Martinez as members of the Taskforce; and WHEREAS, over the course of several months, the Taskforce evaluated and amended each committee charter, including the mission, work plan and membership details, and presented their final report and recommendations to the City Council for consideration on January 10, 2022; and
WHEREAS, the City Council now desires to amend and restate the advisory committee charters to update the mission and work program, membership, term, meeting requirements, and administrative formatting, and other details contained in the committee charters, as recommended by the Taskforce and included as Exhibits A-H to this resolution.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, as follows:

1. That Resolution No. 2017-32 be repealed in its entirety and the Arts Advisory Committee charter is amended and restated as shown in Exhibit A to this resolution;
6 January 10, 2022 Item 12
Resolution No. 2022-XX

Page 2 of 3 ends

2. That Resolutions No. 76-28; 76-64; 81-48; 83-45; 86-84; 88-66; 90-32; 2007- 50; and 2011-54 be repealed in their entirety and the Finance Committee charter is amended and restated as shown in Exhibit B to this resolution;

3. That Resolution No. 2017-26 be repealed in its entirety and the Measure Q Citizen Oversight Committee charter is amended and restated as shown in Exhibit C to this resolution;

4. That Resolutions No. 88-89; 2007-12; 2010-44; 2010-70; 2011-38; and 2012- 51 be repealed in their entirety and the Parks and Recreation Committee charter is amended and restated as shown in Exhibit D to this resolution;

5. That Resolutions No. 74-41; 74-59; 78-22; 79-24; 2014-71; 2014-88; 2015-18; 2015-33; 2018-57, and 2019-51 be repealed in their entirety and the Lagoon Committee charter is amended and restated as shown in Exhibit E to this resolution;

6. That Resolutions No. 2014-07; 2014-25; and 2014-40 be repealed in their entirety and the Shores Advisory Committee charter is amended and restated as shown in Exhibit F to this resolution;

7. That Resolutions No. 2011-10; 2013-26; 2014-26; and 2018-76 be repealed in their entirety and the Sustainability Advisory Committee charter is amended and restated as shown in Exhibit G to this resolution;

8. That Resolutions No. 84-48; 86-27; 86-53; 92-23; 92-47; and 2014-04 be repealed in their entirety and the Traffic and Parking Advisory Committee charter is restated as shown in Exhibit H to this resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held this 10th day of January 2022. ___________________________
Dwight Worden, Mayor
City of Del Mar
7 January 10, 2022 Item 12
Resolution No. 2022-XX

Page 3 of 3 ends

APPROVED AS TO FORM:
__________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Acting City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2022- XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 10th day of January 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
8 January 10, 2022 Item 12

ARTS ADVISORY COMMITTEE CHARTER
Mission & Work Program:

The Arts Advisory Committee reviews proposed art placements, plans and proposes art events, and/or consigns or commissions works for placement in public or private places, in accordance with City Council Policy 113, Public Art Policy, and any other policies related to the temporary or permanent placement of public art. A primary responsibility of the Committee is creating and recommending an annual strategic plan and budget for the procurement of public art.

Membership:

The Committee consists of up to seven (7) members appointed by the City Council. Four of the members shall be Del Mar residents giving priority to those with an art background; one owner/operator of a business located in the City of Del Mar, giving priority to artrelated business; one Del Mar Village Association representative; one representative from the Del Mar Foundation; and one ex-officio non-voting member, preferably with an art background. Appointments may be made outside of these categories as recommended by the Council liaisons and approved by the City Council. City staff, consultants, and vendors are precluded from serving on the Arts Advisory Committee; exceptions may be granted by City Council.

Membership Term:

Committee members serve three (3) year terms. Members’ terms shall be staggered so that, annually, two or three of the seven members are subject to reappointment.

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 Art Advisory Committee are not required to file Conflict of Interest Filings due to the advisory nature of the committee. However, members of the committee shall abstain from voting and shall not participate directly or indirectly in decisions affecting their own art.

Status:

The Arts Advisory Committee is a standing committee.
9 January 10, 2022 Item 12

FINANCE COMMITTEE CHARTER
Mission & Work Program:

The Finance Committee serves as an advisory committee to the City Council and operates as a whole, in topical subcommittees or as individual members with regard to the following:
• Review and provide recommendations on adoption and updates to the City’s operating and capital budgets; budget forecasts and trends in revenues, expenditures, project costs and cash flows.
• Review and provide recommendations on all financial reporting issued by the City Treasurer including quarterly updates, six-month actual financial results and the Annual Comprehensive Financial Report (ACFR). Actual results are reviewed in comparison to the latest budgets.
• Review and provide recommendations on all CalPERS Cost Sharing Pool Reports and the related annual contributions to the Pension Reserve Fund to monitor compliance with the City’s Pension Reserve Policy.
• Periodically review and provide recommendations on the financial metrics used by the City to assess the City’s financial performance including application of all City financial policies.
• City Council assignments may include a wide range of financial or economic matters such as long-term planning, fee assessments, sources of possible revenues or other assignments from the Council.

Membership:

The Committee consists of nine (9) members well versed in financial matters, to include no fewer than eight (8) Del Mar residents, and not more than one (1) non-resident.

Membership Term:

Committee members serve three-year overlapping terms.

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 Finance Committee shall comply with the City’s Conflict of Interest Code and file conflict of interest filings annually and upon assuming or leaving office.

Status:

The Finance Committee is a standing committee.
10 January 10, 2022 Item 12

MEASURE Q CITIZEN OVERSIGHT COMMITTEE CHARTER
Mission & Work Program
In 2016, the Del Mar voters passed the Measure Q ballot initiative creating a one cent transaction and use tax (sales tax). As part of the ballot initiative, the City was required to establish the Measure Q Citizen Oversight Committee to review, provide oversight, and report annually to the City Council on Measure Q Fund revenues and expenditures.

A primary responsibility of the Committee is to verify that Measure Q revenues are properly set aside in a separate fund, known as the Measure Q Fund, for projects approved by the City Council and that related expenditures are accurately tracked. The Committee will report to the City Council at a public meeting annually. Providing input on how Measure Q fund will be spent is not a responsibility of the Committee.

Membership:

Up to five (5) members with all members shall be Del Mar residents. City staff, consultants, and vendors are precluded from serving on the Measure Q Citizen Oversight Committee.

The Committee will be made up of two (2) Finance Committee Members (or Finance Committee Members within the last five years), and three (3) at large community residents of Del Mar with the goal that one (1) is from the Del Mar business community.

Membership Term:

Committee members serve three (3) year terms. Members’ terms shall be staggered.

Meeting Requirements:

The Committee meets bi-annually, 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 Measure Q Citizen’s Oversight Committee are not required by the City’s Conflict of Interest Code to file Conflict of Interest Filings in accordance with Fair Political Practices Commission (FPPC).

Status:

The Measure Q Citizen Oversight Committee is a standing committee. 11 January 10, 2022 Item 12

PARKS AND RECREATION COMMITTEE CHARTER
Mission & Work Program:

The Parks and Recreation Committee was established to advise the City Council on matters related to City parks and open space lands, recreation facilities, trails and scenic preserves and to plan for specific development of open space. In doing so, the Committee’s work plan generally consists of the following:

1. Periodically review the City’s need for park and recreation facilities and to recommend actions to the City Council for implementation.

2. Review and recommend guidelines governing the use and enjoyment of public park and open space lands to the City Council for implementation.

3. Review citizen complaints regarding the use and maintenance of public park and open space lands to pass along to the City Council, City Manager and staff with a recommended course of action.

4. To analyze and make recommendations to City staff regarding the efficient and adequate maintenance of City park and open space lands, which may include organizing volunteer maintenance efforts, etc.

5. Review and recommend guidelines governing the use of the City’s trails and Adopt-a-Spots.

6. To monitor and make recommendations for updates to the City website regarding City park and recreation facilities and trails.

7. Develop an annual work plan within the capacity of budgeted/assigned staff and resources. Prioritize work items to be sequentially completed.

Membership:

The Committee consists of seven (7) voting members. One (1) out of seven (7) members may be a non-resident.

Membership Term:

Committee members serve three (3) year terms.

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 Parks and Recreation are not required to file Conflict of Interest Filings due to the advisory nature of the committee.

Status: The Parks and Recreation Committee is a standing committee. 12 January 10, 2022 Item 12

LAGOON COMMITTEE CHARTER
Mission & Work Program:

The Lagoon Committee (Committee) is charged with monitoring the preservation and enhancement of the portions of the San Dieguito and Penasquitos Lagoons located in the City of Del Mar, and also any actions outside the City of Del Mar that impact the lagoon systems within the City of Del Mar. The Committee participates on both local and regional levels. Regionally, the Committee monitors the on-going programs of the San Dieguito River Valley Joint Powers Authority (JPA), including but not limited to the lagoon restoration plan, and monitors development that may have an effect on the San Dieguito or Penasquitos Lagoons. Locally, the Committee monitors reports on the health of the lagoons, investigates additional public access opportunities, and encourages educational and informational programs to uncover the lagoons’ little-known points of interest. The Committee also monitors and comments, when appropriate, on developments limited to impacts on the lagoons.

Membership:

The Committee currently consists of eleven (11) members, including nine (9) voting members, and two (2) ex-officio, non-voting members.

Once the Committee membership is reduced through attrition the membership will be nine (9) members, including eight (8) voting members, and one (1) ex-officio, non-voting member.

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 City of Del Mar Lagoon Committee are not required to file Conflict of Interest Filings due to the advisory nature of the committee.

Status:

The City of Del Mar Lagoon Committee is a standing committee. 13 January 10, 2022 Item 12

SHORES PARK MASTER PLAN ADVISORY COMMITTEE CHARTER
Mission & Work Program:

Shores Park Master Plan Advisory Committee provides input to the City Council on the park master plan process, vision, stakeholder input, needs assessment, alternatives, and master plan development. The Committee assists the community in prioritizing the many competing uses of Shores Park.

Membership:

The Committee consists of eight (8) voting members who are residents of Del Mar, and two (2) non-voting alternate members who may be non-residents of Del Mar. The Committee shall select a Chair and Vice-Chair, and a Secretary who shall prepare meeting minutes and submit them to the full Committee for review and approval.

Membership Term:

There is no established length of term for Committee members. The Committee will be dissolved at the completion of the Shores Park Master Planning effort.

Meeting Requirements:

The Committee meets as may needed in order to fulfill its mission and work program in full compliance with the California Open Meeting Laws (Brown Act).

Conflict of Interest Filing:

Members of the Shores Park Master Plan Advisory Committee are not required to file Conflict of Interest Filings due to the advisory nature of the committee.

Status:

The Shores Park Master Plan Advisory Committee is a standing committee that will sunset when the Shores Park Master Plan efforts are complete.
14 January 10, 2022 Item 12

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:

Voting Members
The committee shall consist of eight voting members recommended by the council liaisons and appointed by the City Council, of which eight shall be residents of Del Mar, and one member that is not a resident of Del Mar.

Ex-officio, Non-Voting Members
The committee may also include a ninth, non-voting ex-officio member appointed to a threeyear term by a majority of the City Council. The ex-officio member shall not be counted for purposes of determining the existence of a quorum of the Board. The ex-officio member may be a non-resident of Del Mar. The ex-officio member shall be appointed based on their professional experience with environmental and sustainability issues. The ex-officio member shall assist the Board members in their review of the City's environmental programs, including the CAP, and will help examine and evaluate future environmental sustainability initiatives for the City.

Membership Term:

Committee members serve three (3) year, staggered terms.

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. 15 January 10, 2022 Item 12

TRAFFIC AND PARKING ADVISORY COMMITTEE CHARTER
Mission & Work Program:

Traffic and Parking Advisory Committee (TPAC) was established with the purpose of developing advisory recommendations to the City Council on specified traffic and parking items referred to the Committee by City staff or the City Council.

The Committee relies on the advice of City staff, including the City’s traffic and engineering consultants, and the Sheriff’s Department. TPAC also has the authority to refer specific concerns to the City’s contract traffic engineer, upon approval of the City Manager.

Membership:

The Committee consists of seven (7) voting members, with one (1) business representative member representing a business located in Del Mar. The business representative may be a non-resident. Geographic diversity is desirable and will be taken into account when the Council appoints members to the Committee.

Membership Term:

Committee members serve three-year terms.

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 Traffic and Parking Advisory Committee are not required to file Conflict of Interest Filings due to the advisory nature of the committee.

Status:

The Traffic and Parking Advisory Committee is a standing committee. 16 January 10, 2022 Item 12

ATTACHMENT B
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, AMENDING STANDARD OPERATING

PRINCIPLES FOR DEL MAR ADVISORY COMMITTEES AND
BOARDS
WHEREAS, the City of Del Mar (“City”) has an exceptional pool of talented residents who are willing to contribute their time and efforts on committees established to benefit the Del Mar community; and
WHEREAS, on February 3, 2014, the City Council adopted Resolution No. 2014- 08 establishing Standard Operating Principles for all Del Mar Advisory Committees and Boards; and
WHEREAS, on November 19, 2018, the City Council adopted Resolution No. 2018-81 amending Standard Operating Principles for all Del Mar Advisory Committees and Boards; and
WHEREAS, the City Council desires to update and amend the Standard Operating Principles; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Del Mar that the Standard Operating Principles for Advisory Boards and Committees are hereby amended as shown in Exhibit A of this resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Special Meeting held this 10th day of January 2022. ___________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
__________________________
Leslie E. Devaney, City Attorney
City of Del Mar
17 January 10, 2022 Item 12
Resolution No. 2022-XX

Page 2 of 2 ends

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Acting City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2022- XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 10th day of January 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
18 January 10, 2022 Item 12

STANDARD OPERATING PRINCIPLES FOR ADVISORY COMMITTEES
Del Mar relies on a robust and important system of advisory committees and ad hoc task forces staffed by appointed volunteers to help the City achieve its goals, engage the community in City affairs, and take advantage of the deep bench of talent in the Del Mar community.

The following standard operating principles are provided for all City of Del Mar advisory committees to help guide committees in best practices for common areas, in accordance with Del Mar Municipal Code Chapter 2.30.

I. MEMBERSHIP
a. The membership composition of Del Mar advisory committees shall be adopted for each committee by resolution of the City Council.
b. All Del Mar advisory committee members will be residents of the City of Del Mar, unless otherwise specified.
c. All Del Mar advisory committees will consist of voting members selected by a majority (three or more) of the total authorized City Council membership. d. One or two City Council members, as appointed by a majority of the City Council, will act as Council liaison(s) to each Del Mar advisory committee. e. One City staff member, as designated by the City Manager, will act as a staff liaison to each Del Mar advisory committee. Additional City staff support for committees shall be allocated based upon: (1) any direction given in the committee charter; (2) consistent with the adopted City budget and pursuant to the City Manager’s management of staff resources; and (3) the annual work plan approved by the City Council.

II. AGENDAS
a. The designated City staff liaison to the committee will prepare the agenda in the City’s standard format, with the assistance of the committee Chair and Council liaison(s). Once the meeting agenda is finalized, the agenda will be posted by City staff in accordance with California’s Open Meetings Law (the Ralph M. Brown Act, Gov. Code § 54950 et seq.).
b. The agenda shall include the following:
i. The name of the committee;
ii. A summary of the Code of Civil Discourse
iii. The date, time and place of the meeting;
iv. A general description of each agenda item that will be discussed, including a time set aside for oral communications as described in Section IV(g). v. Any other information that may be required by law.
19 January 10, 2022 Item 12
c. Items can be placed on a committee agenda in one or more of the following ways:
i. City staff;
ii. Council liaison(s);
iii. By committee direction, or the committee can agree to let the committee Chair place an item on the agenda;
iv. If a member of the public or a committee member other than the Chair requests an agenda item, it should go the Chair, City staff, or Council liaison(s) for approval to place it on the agenda.

III. PUBLIC COMMUNICATION ON AGENDA ITEMS
Del Mar advisory committees do not follow the red dot process. Instead, public communications should be sent to the staff liaison for distribution via email to the committee prior to the meeting. The communications will not be posted on the City’s website but will be distributed to the committee members, Council liaisons, and staff liaisons, and the communication will be made available to the public and filed with the official record for the meeting.

IV. CONDUCT OF MEETINGS
a. Regular Meetings. Advisory committees should establish regular meeting times and place in accordance with the Brown Act. The frequency of a committee’s meetings will be set by the Council, preferably in the committee charter. The Council may modify the time, place, and frequency of a committee’s meetings from time to time as appropriate. To assist with agenda planning, the standard meetings length will be two hours, which may be extended by a majority vote of the committee.
b. Changing Regular Meetings. Committee members can propose a new regular meeting time or date by having the item placed on a committee agenda, with the majority of the members voting in favor of changing the regular meeting time.

Council, staff liaisons, and meeting room availability should be considered when changing the regular meeting time or date. Meeting time or date changes must be approved by the Council liaisons and City staff.
c. Selection of Officers. All established Del Mar advisory committees will have an agenda item to select a Chair, Vice Chair, and Secretary from among its members at the last meeting of the calendar year, with the new Chair serving at the first meeting of the new year. It is encouraged that these positions rotate annually among the committee members.
d. Quorum. A quorum (1/2 or more of the committee membership) of voting membership must be present to transact business. If less than a quorum is present, those present may still discuss matters, but may not take action on any item.
e. Duties of Secretary. All Del Mar advisory committees will select a Secretary from among its members. The Secretary will prepare action minutes of the committee meetings for the committee’s approval and shall file a copy of the approved minutes with the Administrative Services Department within ten (10) business days of the meeting when the minutes were approved.
20 January 10, 2022 Item 12
f. Brown Act (Open Meetings). All Del Mar advisory committees will conduct their affairs in full compliance with California’s Open Meetings Law (Ralph M. Brown Act, Gov. Code § 54950 et seq.). A copy of the Open Meetings Law will be provided to all new committee members. Members of the public can communicate with the committee prior to the meeting through the process described in Section III – Public Communication on Agenda Items.
g. Discussion Limited to Agenda Items. Only matters listed on the posted agenda for a regular or special committee meeting may be discussed at that meeting. An opportunity for the public to speak on items not on the agenda will be provided at all Del Mar advisory committee meetings through a time set aside for oral communications and also during each agenda item before action is taken. Advisory committees are not required to use speaker slips; however, they may use speaker slips if there are large number of speakers for a given item. The committee Chair should remind public speakers to state their name for the record. h. Meetings not Recorded. Advisory committee meetings are not typically recorded or televised. Council liaison(s) can recommend that the full City Council approve in advance an advisory committee meeting be televised. Committees can work with City staff to audio record a meeting through the Town Hall dais recording system or as otherwise may be possible.
i. Public Participation Encouraged. All Del Mar advisory committees will encourage the public to offer ideas and suggestions that contribute to the mission/scope of the committee. Working closely with their Council liaison(s), committees will determine if any suggestions or ideas should be brought forward to the City Council.
j. Attendance. All Del Mar advisory committee members will make every attempt to attend all regular and special meetings of the committee, according to the Del Mar Municipal Code Section 2.30.020.
k. Continuance of Meetings. There are special procedures for continuing meetings.

Committees should work with the Council liaison(s) and City staff to properly notice and continue meetings.
l. Remote Attendance. There are special procedures for patching in absent members by phone or online platform. Participation by phone or online platform should be approved by a Council liaison and should only be used for special circumstances. Participation by phone or online platform is not the City’s standard practice. Participation by phone should be coordinated with City staff in advance of the agenda going out, as there are special noticing requirements for remote attendance.
m. Brown Act Assistance. If uncertain what Brown Act requirements might apply to particular situations, please ask the City staff liaison or the Council liaison(s) for help, in advance.
n. Recusals. Committee members designated in the City’s Conflict of Interest Code must follow the applicable State laws related to recusals and must recuse themselves from items in which they have a personal, financial interest. These committee members should consult City staff for guidance when needed. 21 January 10, 2022 Item 12
Committee members not designated in the City’s Conflict of Interest Code should avoid participating in items in which they have a real or perceived bias. For example, a member of the Traffic and Parking Advisory Committee should recuse themselves on a vote for an item in very close proximity to their home. o. Meeting Locations. All committee or sub-committee meetings that have staff attending should be held at the Civic Center either at City Hall or in the Town Hall.

Regular meetings of the full committee will be at the Civic Center or as directed by Council. Subcommittee meetings where staff are not attending can be held at a location other than the Civic Center or City Hall, provided that, if the sub-committee is subject to the Brown Act, the location is in compliance with Brown Act requirements.

V. SUBCOMMITTEES. Committees may establish through consensus informal subcommittees of limited scope and duration that are made up of less than a quorum of the committee members. Subcommittees may be used to keep committee work plan items moving between formal committee meetings. Informal subcommittees may meet with residents, volunteers, and City staff, but may not discuss committee related information with other committee members outside of a public meeting. Informal subcommittees are generally not subject to the Brown Act (open meeting law); however, certain committee actions related to subcommittees may trigger Brown Act requirements. Committees should seek guidance from City staff and Council liaisons when establishing informal subcommittees.

VI. HELPFUL TIPS FOR RUNNING A GOOD MEETING
The job of the committee Chair is to keep things on track and ensure the following:
a. Make everyone feel welcome.
b. Meetings should start promptly at the assigned start time. c. Make sure everyone is treated with respect: committee members, public, and staff. d. When taking public testimony:
1) Announce in advance any time limits and procedures to be followed. 2) It may be helpful to let members of the public know that their comments will be heard but often there is no dialog between the committee and the public during the public comment portion of the meeting and that, generally, discussion of comments raised on items not on the agenda are not allowed.
3) When appropriate, remind speakers that they may simply say, “I agree with the prior speaker.”
4) The Chair and all committee members should give each speaker their undivided attention.
e. Make sure everyone on the committee or in the audience is heard once before anyone is heard twice. The Chair typically speaks last. f. The Chair’s role is to consolidate the committee’s discussion and find consensus among the members.
g. Ensure that questions from members of the public are addressed only to the Chair and not to other committee members, Council or staff liaisons, or other members of the public.
22 January 10, 2022 Item 12
h. The Chair should take the lead on enforcing the Code of Civil Discourse and Supplemental Policy Related to the Code of Civil Discourse regarding committee member and public conduct at the meeting.
i. Absent unusual circumstances, the following process for running a meeting is recommended:
i. Staff or sub-committee report to present the item;
ii. Take questions from committee members — this is the time for questions, not stating opinions;
iii. Take public testimony; and
iv. Committee discussion and action - this is the time for committee members to express opinions. Generally, the Chair will speak last.

VII. WORK TASKS AND TAKING ACTIONS
Taking action on an item is one of the most important things an advisory committee does. When doing so, the following guidelines should be followed:
a. Make sure the proposed action item has been properly noticed and placed on the agenda.
b. Make sure it falls within the scope of the committee’s mission and any applicable City goals and priorities.
c. Recognize that, normally, all committee actions seeking City action or commitments will be in the form of a recommendation to Council. d. Review the proposed action with City staff and Council liaison(s) in advance, especially if it requires a commitment of City staff time or resources. e. Remember that the committee is advisory to the City Council and should not undertake to act independently.
f. If there is a new item the committee would like to work on, send a request to the Council through the Council liaisons(s) for approval before starting work. g. If the committee wants to comment to an outside agency or person, for example on an environmental document, send the committee’s draft comments via the Council liaison(s) to the City Council for approval, recognizing only the City Council can speak for the City.
h. Advisory committee requests to staff or outside agencies should be submitted directly to the Council liaison(s).
i. If an advisory committee receives a request from an outside organization, the request should be forwarded to the City staff and Council liaison(s). The advisory committee should not respond directly to the requestor without authorization from the Council liaison(s).

VIII. REPORTING/RECORDS
A. Records
Committees shall record actions taken at their meetings by producing meeting minutes, which should include the following:
a. The name of the committee.
b. The date, time and place of the meeting.
c. The time the meeting began.
d. The names of those committee members in attendance.
e. The names of those Council liaison(s) and staff in attendance. 23 January 10, 2022 Item 12
f. Approval of the previous meeting minutes.
g. A brief summary of the discussion for each agenda item and a description of the actions taken by and recommendations of the committee.
h. The hour of adjournment.
i. Names of public speakers and a brief summary of their input.

The Administrative Services Department will maintain the final approved minutes for the City’s official record. The minutes, records, reports, and documents of the committee are public record.

B. Reporting
a. All advisory committees will briefly report on their activities to the City Council annually. This may be done in-person (typically by the Chair) at a City Council meeting, or in writing and included in the City Council agenda packet as a report related to the standing Committee Update section of the City Council agenda. b. All advisory committees will use their Council approved charter and City Council Goals and Priorities as a guide in developing an annual work plan and schedule for Council consideration. At the conclusion of work, a summary report will be submitted to the City Council by the Chair to document the findings or rationale of the concluded work. If the committee has both a majority and minority opinion, both reports may be submitted to the City Council for consideration. The summary report may be presented to the Council liaison(s), or to the full Council, and will be filed with the Administrative Services Department for the City’s official record. c. Only Del Mar advisory committee members designated in the Del Mar Conflict of Interest Code will file Conflict of Interest Statements with the Administrative Services Department in accordance with the regulations of the California Fair Political Practices Commission and the Del Mar Conflict of Interest Code.

IX. WORKING WITH COUNCIL LIAISONS
Council liaison(s) are there to assist committees by:
a. Providing a communication channel between the committee and the Council. b. Advocating to Council in support of committee recommendations. c. Helping committees to interface with City liaisons.
d. Assisting and advising on proper meeting procedures, answering questions, and in other respects as the committee carries on its work.

More information about the role of City Council liaisons can be found in City Council Policy 202 – Responsibilities and Expectations of Council Liaisons to City Advisory Committees and of Council Representatives to Outside Agencies RESOLUTIONS: 2014-08; 2018-81; 2022-XX
24 January 10, 2022 Item 12

ATTACHMENT C
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING COUNCIL POLICY 200

COMMITTEES - CITY COUNCIL ADVISORY COMMITTEES,
BOARDS, AND COMMISSIONS, AND COUNCIL POLICY 202

RESPONSIBILITIES AND EXPECTATIONS OF COUNCIL

LIASIONS TO CITY ADVISORY COMMITTEES AND OF

COUNCIL REPRESENTATIVES TO OUTSIDE AGENCIES
WHEREAS, the establishment and updating of City Council policies provides a mechanism for articulating methods and procedures for the conduct of City Council business; and
WHEREAS, the City of Del Mar has maintained a City Council Policy Book, adopted and utilized by the City Council for many years; and
WHEREAS, it is beneficial to periodically review and revise policies that govern the operational processes, procedures, and regulations that apply to the City’s advisory committees, boards and commissions; and
WHEREAS, on September 15, 2014, the City Council adopted Resolution No. 2014-70 establishing Council Policy 200: Committees - City Council Advisory Committees, Boards, and Commissions (Council Policy 200); and WHEREAS, on September 15, 2014, the City Council adopted Resolution 2014- 70 Council Policy 202: Responsibilities and Expectations of Council Liaisons to City Advisory Committees and of Council Representatives to Outside Agencies (Council Policy 202); and
WHEREAS, on July 1, 2019, the City Council adopted Resolution No. 2019-33 amending Council Policy 200 and Council Policy 202; and WHEREAS on April 5, 2021, the City Council approved the creation of a City Council ad-hoc subcommittee known as the Committee Efficiencies Taskforce (Taskforce) to review committee efficiencies, and appointed Deputy Mayor Worden and Councilmember Martinez to the Taskforce; and
WHEREAS, the Taskforce evaluated Council Policy 200 and Council Policy 202 and presented recommended changes to the policies for Council consideration on December 7, 2021, and January 10, 2022; and
WHEREAS, the City Council now desires to amend Council Policy 200 and Policy 202 to reflect current City procedures and practices and provide necessary clarifications on a number of policy provisions, pursuant to the Taskforce’s recommendations. 25 January 10, 2022 Item 12
Resolution No. 2022-XX

Page 2 of 3 ends

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar, California, hereby amends Council Policy 200 as shown in Exhibit A to this resolution.

BE IT FURTHER RESOLVED that the City Council amends Council Policy 202 as shown in Exhibit B to this resolution.

BE IT FURTHER RESOLVED that the amendments to Council Policy 200 and Council Policy 202 shall be incorporated into the City Council Policy Book.

Page 3 of 3 ends

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Acting City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2022- XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 10th day of January 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
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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. 28 January 10, 2022 Item 12

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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 City Council 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.

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. 29 January 10, 2022 Item 12

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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. If the spouse or significant other of a City Council member is an applicant to fill a vacancy on the Planning Commission or the Design Review Board, the City Council member must recuse themselves from voting on that appointment.

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.
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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.

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 nine (9) total members, including ex-officio members.

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 31 January 10, 2022 Item 12

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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.

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.
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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. 33 January 10, 2022 Item 12

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RESPONSIBILITIES AND EXPECTATIONS OF

COUNCIL LIASIONS TO CITY ADVISORY

COMMITTEES AND OF COUNCIL

REPRESENTATIVES TO OUTSIDE

AGENCIES
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POLICY:

The following guidelines are to assist City Council members in performing their duties as liaisons to City advisory committees, ad hoc committees, Del Mar Community Connections (DMCC), Del Mar Village Association (DMVA), various Del Mar non-profits, and as Del Mar representatives to outside agencies. These guidelines also apply to the appointed community representatives to outside agencies, including the Del Mar Representative to the San Diego County Water Authority Board.

A. CITY ADVISORY COMMITTEES

1. Council Liaison Primary Responsibilities
a) Assist with the recruitment of qualified volunteers and encourage them to apply to serve on the committee when vacancies occur, recognizing that the City’s goal is to have at least two qualified applicants for each position. b) Recruit another Council member to attend meetings in their place when the liaison is unable to attend.
c) Assist Committee Chairs with the following:
i. How to run a meeting.
ii. How to accommodate public testimony and input.
iii. How to work with the committee’s staff liaison to prepare agendas, including review of draft agendas with the Chair and staff liaison (A sample agenda is attached to use as a template);
iv. Clarify the process for committee members and the public to get something on the committee agenda.
v. Ensure that the committee stays on task.
vi. Determining when City staff should, and should not, be asked for assistance. Generally, simple requests for information from staff can be made directly by the Chair or committee members while requests for staff work should go through the Council liaison(s) who can carry them to the City Manager and staff for response.
vii. Establishing goals and a work plan for the committee at the beginning of each year in conjunction with the City’s budget and goal setting process.
d) Inform and assist the committee as a whole including:
i. Understanding the City’s system of advisory committees including:

1. Understanding the role of a committee member.
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2. Understanding the scope of the committee’s charge.

3. Understanding the relationship between the committee, Council, public, and City staff.

4. Understanding any budgetary constraints applicable to the committee’s work.
e) Ensures the committee stays on task and within the scope of its charter and mission, adopted Council goals, and any direction provided by Council. f) Ensures the committee understands its role is advisory only. g) Assist the committee in completing its advisory recommendations to Council in a timely manner.
h) Effectively communicates committee advisory recommendations to Council. i) Facilitates in transition to a successor Council liaison when there is change. j) Where appropriate, advocates for committee recommendations. k) Ensuring that meetings are welcoming and that the Code of Civil Discourse is followed.

2. Reporting
a) To the Committee. The Council liaison(s) should give a brief report to the committee at the beginning of each meeting covering:
i. Any recent actions of the City Council or upcoming Council agenda items relevant to the committee’s work; and
ii. Any recent actions of outside entities or governments, of which the liaison has knowledge, relevant to the committee’s work. b) To the Council, Staff, and Public. The Council liaison(s) should give a report, in public session, at Council meetings covering:
i. Updates on the committee’s work;
ii. Identify, and discuss as may be appropriate, any difficulties the committee is experiencing and provide recommendations for how assistance can be provided;
iii. Any committee actions/recommendations;
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iv. Any specific requests from the committee for assistance, guidance, or other support; and
v. In addition to providing oral updates to the Council, written reports are encouraged for matters of importance which can be included in the public agenda packet and accessible following the Council meeting.

3. Attendance
a) Council Liaison Attendance. It shall be the policy of the City Council that Council liaison(s) assigned to Council advisory committees make it their goal to attend the advisory committee meetings. The liaison(s), in communication with the committee Chair and each other, may determine whether one, both, or neither of the committee Council liaison(s) are needed at a particular committee meeting. It is also the goal of the City Council to promote the continued progress of the advisory committees and not to require that a Council liaison be in attendance in order for that committee to meet.
b) Committee Member Attendance. Del Mar Municipal Code, Chapter 2.30 states that if a member of a commission, board, or committee is absent from three meetings within a 12-month period without cause, the term of said member is automatically vacated. Council liaison(s) shall work with committee chairs to determine whether absences are for cause and will notify the City Clerk and the City staff liaison for the committee when a committee member has three or more absences without cause within a 12-month period. Examples of absences for cause include but are not limited to injury or illness of the member or their immediate family member, family obligations, and observance of religious holidays.

B. COUNCIL APPOINTED REPRESENTATIVES TO OUTSIDE AGENCIES

1. Responsibilities
a) Represents Del Mar to the outside agency, its staff, and to the public in conformance with the City’s goals, priorities, and objectives in a manner consistent with the City’s adopted policies and priorities and with any direction from Council as a whole.
b) Attends meetings of the outside agency to which the Council member or appointee serves as a representative, securing the services of an alternate when the primary Council member or appointee is unable to attend. c) Diligent in reviewing agenda materials and preparing for meetings. 36 January 10, 2022 Item 12

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d) Speaks up, orally or in writing, to the outside agency to represent Del Mar’s positions on issues relevant to Del Mar and be an advocate for Del Mar’s positions.

2. Reporting
The Council representative or appointee should report to the Council, staff, and public at Council meetings as follows:
a) When appropriate, a summary of the outside agency’s significant activities since the prior report.
b) Any specific actions, polices, or directions of the outside agency that affect Del Mar.
c) Any significant upcoming activities of the outside agency of potential interest to Del Mar.
d) On any outside agency committee or subcommittee changes affecting Del Mar. e) In addition to providing oral updates to the Council, written reports are encouraged for matters of importance which can be included in the public agenda packet and accessible following the Council meeting.

Arranging Presentations. From time to time it may be appropriate for a Council liaison or appointee to an outside agency to coordinate a presentation by the agency to the full Council in a public meeting. When this seems appropriate, the following guidelines can be followed:
a) Bring the request to Council for discussion and concurrence before taking it up with the outside agency;
b) Work with the Mayor and City Manager to put the presentation on a Council meeting agenda; and
c) Work with the outside agency to assist them in preparing their presentation. 37 January 10, 2022 Item 12
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable City Council Members
FROM: Deputy Mayor Dwight Worden and Councilmember Tracy Martinez DATE: April 5, 2021
SUBJECT: Creation of City Council Ad-hoc Subcommittee/Task Force to Review City Committee Efficiencies
REQUESTED ACTION/RECOMMENDATION:

Deputy Mayor Worden and Councilmember Martinez recommend that the City Council: 1) Approve the creation of a City Council subcommittee/task force to review committee efficiencies, which would be known as the Committee Efficiencies Task Force (CETF), as further described in this report; and 2) Appoint Deputy Mayor Worden and Councilmember Martinez as members of the CETF.

DISCUSSION
On February 27, 2021, the City Council held a workshop on the City Council’s priorities in COVID times and identified reviewing the City’s committee system as a priority. Deputy Mayor Worden and Council Member Martinez volunteered to serve on a City Council ad-hoc subcommittee to do this work, and the Council asked that they return to the City Council with a proposed charter and scope of work that will include review of the City’s committee system and structure. The proposed work plan, process for completion of the work plan, sunset date, and meeting schedule for the CETF is further described below.

Work Plan
The CETF proposes to complete the work plan described below and provide a final report with recommendations for City Council consideration. This work may include recommendations for adopting new or revised City Council policies with regard to City advisory committees, Planning Commission and the Design Review Board (DRB). The CEFT will solicit community and committee chair feedback as part of this process, and will strive to answer the following questions as part of this effort:

1. Are there any committees that have run their course that can be eliminated?

2. Are there committees that can/should be combined to be more efficient?

3. Are there any new committees that may be needed?

4. Should the meeting frequency for all or some committees be changed to bi-monthly, quarterly, or as-needed?

5. Should the City establish a regular schedule for a comprehensive review of the City committee/task force system review, maybe every 4-5 years? 1 April 5, 2021 Item 08 38 January 10, 2022 Item 12
City Council Agenda Report
Task Force to Review Committee Efficiencies
April 5, 2021

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6. Should the City create or further clarify rules for committee use of staff time and resources?

7. Should the membership size or eligibility requirements for any of the City’s committees be changed?

8. Should existing term limit rules be modified?

9. Should the CEFT reach out to each committee chair to ask for their input on some or all of these topics?

10. Should the CEFT bring forward a City Council agenda item to solicit public input on the issues deemed worthy of consideration before making a recommendation?

11. Beyond the City’s aspirational Code of Civil Discourse, should the CEFT ask the City Council to consider adopting a policy that establishes clear expectations for conduct of committee members and chairs during public meetings, establishes a process for the filing of public complaints, and the process for Council review and actions that may be taken?

12. Should the CETF consider other topics directly related to City advisory committee efficiencies including recommending amendments to or establishing new City Council policies?
Proposed Process for Completion of Work Plan

1. Work with staff to collect and review existing documents (policies, charters, etc.) related to City advisory committees.

2. Identification of initial areas the CETF thinks should be evaluated for potential recommended changes.

3. Development of draft recommendations.

4. Vetting of draft recommendations with committee chairs.

5. Presentation of a final report and recommendations to the City Council for consideration prior to the end of the calendar year.

Subcommittee Sunset and Meeting Schedule
The CETF is a City Council ad-hoc subcommittee that will sunset after the work plan is complete and presented to the City Council prior to the end of the calendar year. The CETF meets bi-weekly on Wednesday afternoons and as needed.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item.

ENVIRONMENTAL REVIEW:

The proposed City Council actions do not constitute a “project” under the definition set forth in CEQA Guidelines Section 15378 because they will not have a potential to result in a direct or indirect physical change in the environment and, therefore, are not subject to CEQA.

NEXUS TO CITY COUNCIL GOALS & PRIORITIES
On February 27, 2021, the City Council identified the review of the City’s existing committee system and structure as a priority prior to the restarting of City committees in 2022. 2 April 5, 2021 Item 08 39 January 10, 2022 Item 12
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Karen Falk, Principal Engineer
Via Ashley Jones, City Manager
DATE: January 10, 2022
SUBJECT: City Council Consideration of a Six-Month Pickleball Pilot Program REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council approve a six-month pickleball pilot program at the Court Street Park in Del Mar.

PROJECT DESCRIPTION:

Funding for the Tennis Court Resurfacing Project at the Court Street Park totaling $30,000 was approved in the Fiscal Year 2021-2022 budget to complete much-needed repairs and resurfacing to two existing tennis courts. Improvements to the courts will include removal of the existing surface, patching of cracks, installation of new acrylic resurfacing, and coloring of the court surfaces. A new tennis net will also be purchased, and improvements will be made to the fence on the north side to secure it to the ground to prevent balls from going under the fence. The work is scheduled for the spring of 2022. Subsequent court striping, layout, and netting configurations to one of the two tennis courts is also being recommended by staff to support a six-month pickleball pilot program.

DISCUSSION/ANALYSIS
The City has received a high volume of resident interest in expanding the use of the existing tennis courts to include pickleball at the Court Street Park. Pickleball is a paddleball sport that combines elements of badminton, table tennis, and tennis. Two or four players use solid paddles made of wood or composite materials to hit a perforated polymer ball, much like a whiffle ball. Pickleball requires a smaller court surface than tennis, so an existing tennis court could be configured and striped to provide 2-4 pickleball courts.

The Parks and Recreation Committee (Committee) considered the following three feasible options for a pickleball pilot program at its November 10, 2021, special meeting:

Option 1: Stripe both courts for tennis and pickleball, using the existing tennis nets for both sports.
1 January 10, 2022 Item 13
City Council Agenda Report
Proposed Pickleball Pilot Program
January 10, 2022

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Option 2: Retain one tennis court; use one tennis court for the pickleball pilot program, striped/configured to provide two pickleball courts.

Option 3: Retain one tennis court; use one tennis court for the pickleball pilot program, striped/configured to provide four pickleball courts.

The feedback received from the Committee was that dual-usage courts (Option 1) were not desired since the overlapping lines on the courts would be confusing and create conflict between pickleball and tennis players. Option 3 was considered, but ultimately not chosen since the cost of four pickleball nets would require a budget amendment. Option 3 would also result in up to 16 pickleball players on the court at one time which may create excessive noise, distractions to the adjacent tennis court, and parking issues. The recommendation from the Committee was to move forward with Option 2, retaining a single-use tennis court while conducting the pickleball pilot program on the other court. The court that will be used for the pilot program will not be permanently striped at this time; instead, temporary striping will be applied to outline two pickleball courts. Two pickleball nets will be purchased and semipermanently installed at the site until the conclusion of the pilot program.

Once the pilot program is launched, a sign will be posted at Court Street Park requesting feedback through an electronic form on the City’s website. After six months, results will be compiled and utilized to make a recommendation to either move forward with permanently modifying one of the two tennis courts to accommodate pickleball or revert back to two tennis courts. In addition to feedback received directly from residents through the electronic form, City staff will monitor usage and impacts to parking, maintenance, cleaning frequency, noise, and any other potential community impacts.

The total cost for the Tennis Court Resurfacing Project, including equipment and temporary court striping for the Pickleball Pilot Program, is $30,000. This amount includes the court surface repairs, a new tennis net, northern fence repairs, purchase two pickleball nets, temporary pickleball striping, and a project contingency as described in Table A.

Table A: Estimated Cost of Work

DESCRIPTION AMOUNT
Repair/Resurfacing $18,000
New Tennis Net $500
Repair Opening Under Fence $2,000
Pickleball Pilot (2 nets and temporary lines) $6,000
Project Contingency $3,500
TOTAL: $30,000
The project contingency will be reserved for additional minor repairs or improvements needed at the site and installation of new signage. Remaining contingency will be reserved for permanent striping following the completion of the pilot program and permanent modifications to the court as may be approved by the City Council.
2 January 10, 2022 Item 13
City Council Agenda Report
Proposed Pickleball Pilot Program
January 10, 2022

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It should be noted that the Parks and Recreation Committee also recommended that the City consider implementation of a publicly-accessible online reservation system for reserving courts. However, at this time, exploration of this concept is beyond the scope of current staffing and financial resources. Staff recommends that this concept be tabled and reconsidered at the conclusion of the pilot program and as part of a future budget process.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. There are sufficient funds available (as described in Table B below) in the Fiscal Year 2021-2022 Operating and Capital Budget to cover the costs identified.

Table B: Project Funding Sources

PROJECT ACCOUNT AMOUNT
FY2022 Approved Funding
Tennis Court Resurfacing 21.7000.7043 $30,000
TOTAL: $30,000
ENVIRONMENTAL IMPACT:

Pursuant to the California Environmental Quality Act (CEQA), the proposed project has been analyzed and determined to be Categorically Exempt pursuant to CEQA Guidelines Section 15303(e) (Class 3 – New Construction or Conversion of Small Structures), in that the Project proposes maintenance and implementation of a pilot program for use of pickleball activities on an existing public tennis court. Further, it has been determined that none of the six exceptions to the use of a Categorical Exemption are applicable (Guidelines Section 15300.2).

PRIOR CITY COUNCIL REVIEW:

On June 21, 2021, the City Council approved the Fiscal Years 2021-2022 and 2022-2023 Operating and Capital Budget appropriating $30,000 for this Project in Fiscal Year 2021-2022. 3 January 10, 2022 Item 13
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Deputy Mayor Tracy Martinez and Councilmember Terry Gaasterland DATE: January 10, 2022
SUBJECT: Consideration of a Resolution Supporting Proposed Citizens’ State Ballot Initiative on Local Land Use Decisions
REQUESTED ACTIONS:

Deputy Mayor Martinez and Councilmember Gaasterland request that the City Council adopt a Resolution (Attachment A) supporting the “Brand-Huang-Mendoza Tripartisan Land Use Initiative” (Land Use Initiative) regarding local land use decisions filed with the State of California for the November 2022 General Election.

DISCUSSION:

On December 7, 2021, the Council received an informational report from staff and Townsand Public Affairs (TPA) consultants regarding a statewide citizens’ initiative entitled by the State General Attorney as “Provides that Local Land-Use and Zoning Laws Override Conflicting State Laws. Initiative Constitutional Amendment.” A copy of the Attorney General’s title and summary of the Initiative along with the Initative text is included as Attachment B. Currently, the Initiative is in the signature collecting phase, and has not yet qualified to be included on the statewide November 2022 General Election ballot.

As indicated in the Attorney General’s summary, the citizens’ initiative seeks to amend Article XI of the California Constitution and provides that city and county land-use zoning laws (including local housing laws) override all conflicting state laws, except in certain circumstances related to three areas of statewide concern: 1) the California Coastal Act of 1976; 2) sitting of power plants; and 3) development of water, communications, or transportation infrastructure projects. The initiative also prevents state and local legislative bodies from passing laws invalidating voter-approved local land-use zoning initiatives, and prohibits the state from changing, granting or denying funding to local governments based on their implementation of the initative.

In order to protect the rights of local cities and counties, including Del Mar, to best determine zoning and affordable housing strategies for their communities, we recommend that the Del Mar City Council join the cities of Torrance, Oceanside, Encinitas, San Marcos, and others, and adopt the attached Resolution in support of the Initiative. 1 January 10, 2022 Item 14
City Council Agenda Report
Resolution Supporting Citizens’ Initiative
January 10, 2022

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FISCAL IMPACT:

There is no fiscal impact or action to be taken related to this agenda item.

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” per 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 related to Council Goals and Priorities.

ATTACHMENTS:

Attachment A – Resolution of Support for the Land Use Citizens’ Initative Attachment B – State Attorney General Title and Summary, and Initivative Text 2 January 10, 2022 Item 14
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR EXPRESSING SUPPORT FOR ACTIONS TO FURTHER

STRENGTHEN LOCAL DEMOCRACY, AUTHORITY AND

CONTROL RELATED TO LOCAL LAND USE PLANNING AND

HOUSING ISSUES
WHEREAS, the Legislature of the State of California in recent years has proposed, passed, and signed into law a number of bills addressing a range of land use planning and housing issues; and
WHEREAS, the majority of these bills usurp the authority of local jurisdictions to determine for themselves the land use policies and practices that best suit each city and its residents and instead impose “one-size-fits-all” mandates that do not take into account the unique needs and differences of local jurisdictions throughout the State of California; and
WHEREAS, the majority of these bills do not provide any incentives or requirements for low-income affordable or moderate income workforce housing, but instead impose new policies that will incentivize speculation and result in the addition of market-rate or luxury housing, thereby eliminating the opportunity for local jurisdictions to implement effective policies that will create more affordable housing and affirmatively further fair housing practices; and
WHEREAS, for example, the ability of local jurisdictions to determine for themselves which projects require review beyond ministerial approval, what parking requirements are appropriate for various locales within their jurisdictions, what plans and programs are suitable and practical for each community, and what land use and zoning should be allowed for residential properties, rather than having these decisions imposed upon cities without regard for the unique circumstances of each individual community, is a matter of great importance to the City of Del Mar; and WHEREAS, the City Council of the City of Del Mar feels strongly that our local government is best able to assess and respond to the unique needs of our community and objects to the proliferation of State legislation that deprives us of that ability.

WHEREAS, the Brand-Huang-Mendoza Tripartisan Land Use Initiative seeks to amend Article XI of the California Constitution and provides that city and county landuse and zoning laws (including local housing laws) override all conflicting state laws, except in certain circumstances related to three areas of statewide concern including: 1) the Coastal Act of 1976; 2) sitting of power plants; and 3) development of water, communication, or transportation infrastructure projects. 3 January 10, 2022 Item 14
Resolution No. 2022-XX

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NOW, THEREFORE, the City Council of Del Mar, California, does hereby resolve as follows:

SECTION 1. The City Council of the City of Del Mar registers its strong opposition to the current practice of the legislature of the State of California of proposing and passing multitudes of bills that directly impact and interfere with the ability of cities to control their own destiny through the zoning and land use authority that has been granted to them.

SECTION 2. The City Council supports the Brand-Huang-Mendoza Tripartisan Land Use Initiative (Attached to the Resolution as Exhibit “A”) seeking to ensure that zoning and land use authority rests with the local government entities that represent the communities in which the residents reside, and to allow local government to participate in solving our affordable housing crisis through solutions that effectively address the unique needs and conditions of each local community; and
SECTION 3. This resolution shall take effect as of the date of its passage and adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, this 10th day of January, 2022.

Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
4 January 10, 2022 Item 14
Resolution No. 2022-XX

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ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Acting City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of the Resolution No. 2022-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 10th day of January 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
5 January 10, 2022 Item 14
Document is available on the Attorney General's website at:
https://oag.ca.gov/system/files/initiatives/pdfs/21-0016A1%20%28Local% 20Land%20Use%29.pdf
Exhibit "A"
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November 1, 2021
Initiative 21-0016 (Amdt. 1)
The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure:

PROVIDES THAT LOCAL LAND-USE AND ZONING LAWS OVERRIDE
CONFLICTING STATE LAWS. INITIATIVE CONSTITUTIONAL AMENDMENT.

Provides that city and county land-use and zoning laws (including local housing laws) override all conflicting state laws, except in certain circumstances related to three areas of statewide concern: (1) the California Coastal Act of 1976; (2) siting of power plants; or (3) development of water, communication, or transportation infrastructure projects. Prevents state legislature and local legislative bodies from passing laws invalidating voter-approved local land-use or zoning initiatives. Prohibits state from changing, granting, or denying funding to local governments based on their implementation of this measure. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Fiscal effects of the measure depend on future decisions by the cities and counties and therefore are unknown. (21-0016A1.)
Attachment B
15 January 10, 2022 Item 14
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SECTION 1. The people of the State of California find and declare all of the following:
(a) The circumstances and environmental impacts of local land use decisions vary greatly across the state from locality to locality.
(b) The infrastructure required to maintain appropriate levels of public services, including police and fire services, parklands and public open spaces, transportation, water supply, schools, and sewers varies greatly across the state from locality to locality. (c) Land use decisions made by local officials must balance development with public facilities and services while addressing the economic, environmental, and social needs of the particular communities served by those local officials. (d) Thus, it is in the best interests of the state and local communities for these complex decisions to be made at the local level to ensure that the specific, unique characteristics, constraints, and needs of those communities are properly analyzed and addressed. (e) Gentrification of housing adjacent to public transportation will reduce or eliminate the availability of low or very low income housing near public transit, resulting in the loss of access by low or very low income persons to public transit, declines in public transit ridership, and increases in vehicle miles travelled.
(f) The State Legislature cannot properly assess the impacts upon each community of sweeping centralized and rigid state land use rules and zoning regulations that apply across the state without regard to community impacts and, as a result, statewide land use and zoning will do great harm to local communities with differing circumstances and concerns. (g) Community development should not be controlled by state planners, but by local governments that know and can address the needs of, and the impacts upon, local communities.

Local initiatives approved by voters pertaining to land use and zoning restrictions should not be nullified or superseded by the actions of any local or state legislative body. (h) Numerous state laws that target communities for elimination of zoning standards have been enacted, and continue to be proposed, that eliminate or erode local control over local development and circumvent the California Environmental Quality Act (“CEQA”), creating the potential for harmful environmental impacts to occur.
(i) The purpose of this measure is to ensure that all decisions regarding local land use controls, including zoning law and regulations, are made by the affected communities in accordance with applicable law, including but not limited to CEQA (Public Resources Code § 21000 et seq.), the California Fair Employment and Housing Act (Government Code §§ 12900 – 12996), prohibitions against discrimination (Government Code § 65008), and affirmatively furthering fair housing (Government Code § 8899.50). This constitutional amendment would continue to provide for state control in the coastal zone, the siting of a power plant that can generate more than 50 megawatts of electricity, or the development or construction of water, communication or transportation infrastructure projects which the Legislature declares are matters of statewide concern and are in the best interests of the state. For purposes of this measure, it is the intent that a transportation infrastructure project shall not include a transit-oriented development project that is residential, commercial, or mixed-use.
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SECTION 2. Section 4.5 is added to Article XI of the California Constitution, to read:

SEC. 4.5. (a) Except as provided in subdivision (b), in the event of a conflict with a state statute, a county charter provision, general plan, specific plan, ordinance or a regulation adopted pursuant to a county charter, that regulates the zoning, development or use of land within the boundaries of an unincorporated area of the county shall be deemed a county affair within the meaning of Section 4 and shall prevail over a conflicting state statute. No voter approved local initiative that regulates the zoning, development or use of land within the boundaries of any county shall be overturned or otherwise nullified by any legislative body. (b) A county charter provision, general plan, specific plan, ordinance or a regulation adopted and applicable to an unincorporated area within a county, may be determined only by a court of competent jurisdiction, in accordance with Section 4, to address either a matter of statewide concern or a county affair if that provision, ordinance, or regulation conflicts with a state statute with regard to only the following:
(1) The California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), or a successor statute. (2) The siting of a power generating facility capable of generating more than 50 megawatts of electricity and the California Public Utilities Commission has determined that a need exists at that location that is a matter of statewide concern. (3) The development or construction of a water, communication or transportation infrastructure project for which the Legislature has declared in statute the reasons why the project addresses a matter of statewide concern and is in the best interests of the state. For purposes of this paragraph, a transportation infrastructure project does not include a transit-oriented development project, whether residential, commercial, or mixed-use.
(c) No modification to appropriations for state funded programs shall occur, and no state grant applications or funding shall be denied as a result of the application of this section. No benefit or preference in state appropriations or grants shall be given to an entity that opts not to utilize the provisions of this section.
(d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SECTION 3. Section 5.5 is added to Article XI of the California Constitution, to read:

SEC. 5.5. (a) Except as provided in subdivision (b), in the event of a conflict with a state statute, a city charter provision, general plan, specific plan, ordinance or a regulation adopted pursuant to a city charter, that establishes land use policies or regulates zoning or development standards within the boundaries of the city shall be deemed a municipal affair within the meaning of Section 5 and shall prevail over a conflicting state statute. No voter approved local initiative that regulates the zoning, development or use of land within the boundaries of any city shall be overturned or otherwise nullified by any legislative body. (b) A city charter provision, general plan, specific plan, ordinance or a regulation adopted pursuant to a city charter, may be determined only by a court of competent jurisdiction, in accordance with Section 5, to address either a matter of statewide concern or a municipal affair 17 January 10, 2022 Item 14
58277666.v2
if that provision, ordinance, or regulation conflicts with a state statute with regard to only the following:
(1) The California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), or a successor statute. (2) The siting of a power generating facility capable of generating more than 50 megawatts of electricity and the California Public Utilities Commission has determined that a need exists at that location that is a matter of statewide concern. (3) The development or construction of a water, communication or transportation infrastructure project for which the Legislature has declared in statute the reasons why the project addresses a matter of statewide concern and is in the best interests of the state. For purposes of this paragraph, a transportation infrastructure project does not include a transit-oriented development project, whether residential, commercial, or mixed-use.
(c) No modification to appropriations for state funded programs shall occur, and no state grant applications or funding shall be denied as a result of the application of this section. No benefit or preference in state appropriations or grants shall be given to an entity that opts not to utilize the provisions of this section.
(d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SECTION 4. Section 7 of Article XI of the California Constitution is amended to read:

SEC. 7. (a) A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not that are not, except as provided in subdivision (b), in conflict with general laws. A county or city may not supersede or otherwise interfere with any voter approved local initiative pertaining to land use or zoning restrictions. (b) A county or city general plan, specific plan, ordinance or regulation that regulates the zoning, development or use of land within the boundaries of the county or city shall prevail over conflicting general laws, except for only the following:
(A) A coastal land use plan, ordinance or regulation that conflicts with the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), or a successor statute.
(B) An ordinance or regulation that addresses the siting of a power generating facility capable of generating more than 50 megawatts of electricity and the California Public Utilities Commission has determined that a need exists at that location that is a matter of statewide concern.
(C) An ordinance or regulation that addresses the development or construction of a water, communication or transportation infrastructure project for which the Legislature has declared in statute the reasons why the project addresses a matter of statewide concern and is in the best interests of the state. For purposes of this subparagraph, a transportation infrastructure project does not include a transitoriented development project, whether residential, commercial, or mixed-use. 18 January 10, 2022 Item 14
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(c) No modification to appropriations for state funded programs shall occur, and no state grant applications or funding shall be denied as a result of the application of this section. No benefit or preference in state appropriations or grants shall be given to an entity that opts not to utilize the provisions of this section.
(d) The provisions of this subdivision are severable. If any provision of this subdivision or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Deputy Mayor Tracy Martinez and Councilmember Dan Quirk DATE: January 10, 2022
SUBJECT: Proposed Resolution Supporting Efforts to Analyze and Better Understand the Long-Term Train Viability
RECOMMENDED ACTION:

Deputy Mayor Martinez and Councilmember Quirk recommend that the City Council adopt a Resolution (Attachment A) supporting efforts to analyze and better understand the long-term train viability, usefulness, social equity, and alternative uses of the train tracks and related services.

BACKGROUND:

The purpose of such efforts to analyze and better understand the long-term viability of the train would help the regional community and decision makers to determine if the train’s benefits exceed its costs and conflicts, up and down the route. In Del Mar, “no train” is one of the options we believe the community needs to be thoroughly vetting, just as we are vetting options such as leaving the train tracks on the Del Mar bluffs, blasting a tunnel through the Del Mar hillside, or running the tracks along the I5 highway, all of which present very significant costs, concerns, conflicts, and risks to Del Mar residents and the broader community.

To be clear, support of this resolution does not equate to a call to terminate the train.

Rather, support of this resolution is a call for more information to ensure that the public has knowledge on all options regarding the train and the tracks.

The NCTD Coaster
The North County Transit District (NCTD) Coaster service began in 1995, and runs 41 miles from Oceanside to downtown San Diego. In the 26 years of its existence, substantial sums of money have been invested in both its infrastructure and its operations.

Despite all of this effort and spending, however, ridership of the Coaster has been very low and has seen many years of decline. It is the least utilized of the 5 train lines in San Diego County by significant margin, as can be shown in the first table below, carrying less than 4,000 people per day pre-pandemic. This is also despite covering the most territory and being the longest line at 41 miles.
1 January 10, 2022 Item 15
City Council Agenda Report
Resolution Supporting Efforts Analyzing Long-Term Train Viability January 10, 2022

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As another point of comparison, the comparable stretch of the 5 Highway from Oceanside to downtown San Diego transports more than 1 million people per day, more than 200 times than the Coaster. Annual growth in the 5 Highway trips is a little less than 1%, or around 10,000 new daily trips every year, significantly more than the entire Coaster ridership. Put another way, the 5 highway accounts for about 99.7% of commuter/traveler volume while the Coaster accounts for just 0.3% (pre-COVID).

Source: Caltrans data, SANDAG, www.sandag.org/uploads/publicationid/publicationid_2144_22946.pdf The Coaster also saw several years of declines (2014 to 2019) prior to the COVID plunge in 2020. The years of decline for the Coaster were comparable to the experience of many other rail and mass transit lines throughout the state and country, meaning that its challenges are not unique or easily fixable.

Below is the most recent official annual ridership projection for the Coaster from the NCTD (April 2021). The 168,261 number for 2031 translates to an average of just 461 riders per day. This forecast is in conflict with state and federal grant requests that depend upon substantially higher ridership forecasts.
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Resolution Supporting Efforts Analyzing Long-Term Train Viability January 10, 2022

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Source: NCTD
The Amtrak Pacific Surfliner
The Amtrak Pacific Surfliner volumes are also very low and have seen serious declines as well. This line stretches 351 miles from San Diego to LA to San Luis Obispo. In 2019, it had 2,776,654 riders, down 6% from 2,946,239 in 2018. That is an average of only 7,607 daily riders for a 350-mile line. That translates to an extremely low rate of 21 riders per mile per day through one of the most highly populated regions in the country. That was pre-COVID. As of September 2021, daily ridership averaged just 3,233, still down more than 50% from pre-COVID levels.

Rail Freight
Freight volumes are also slight. The only rail freight in San Diego County occurs on these NCTD tracks. Rail freight make up approximately ½ of 1% of freight volume in the county, with the other 99%+ effectively coming from trucks on the highway. See SANDAG chart below. The only freight company that operates on this line is BNSF, now owned by Berkshire Hathaway. There are significant community concerns that the large amount of tax dollars being spent on and proposed for the train tracks amounts to a disproportionate benefit or illegal gift of public funds to a single private rail freight company. 3 January 10, 2022 Item 15
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Resolution Supporting Efforts Analyzing Long-Term Train Viability January 10, 2022

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Source: SANDAG, https://www.sandag.org/uploads/projectid/projectid_437_19698.pdf Financial Costs
A substantial amount of time, effort, and money has been spent on the Coaster over the last decade, and an even larger amount is being considered for the future, notably billions of dollars for a Del Mar tunnel. Below is just a partial list of both completed and proposed or potential projects, all for a rail line that has very low ridership and has had negative growth many years. The list does not include billions of dollars in potential cost related to moving 9 miles of vulnerable tracks running along the beach in San Clemente.

Assuming that the Coaster ridership rebounds from approximately 1,500 one-way daily boardings as of late 2021, to its pre-pandemic level of 3,800 one-way boardings per day (or about 2,000 unique individuals daily), the cost alone of the $3 billion Del Mar tunnel translates to an extremely high $1.5 million per Coaster user. With the other potential projects and spending, the cost per Coaster user approaches $5 million. Even including the Amtrak ridership for the San Diego region, the per capita cost for these projects is well above $2 million.

As has been discovered with many large infrastructure projects, these proposed costs are also likely being significantly under-estimated. For example, the California High Speed Rail project was initially presented to the public as a $33 billion project in 2008.

Today, it is now approaching $100 billion in projected costs, and it is nowhere close to being completed.
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Del Mar Tunnel - prospective $3,000,000,000 +
Miramar Tunnel - prospective 3,000,000,000 +
Del Mar Bluffs Stabilization (Phase 5) 65,000,000
San Dieguito Double-Tracking & Fairgrounds Platform 220,000,000 Batiquitos Lagoon Double Track & Bridge 104,000,000
Elvira-Morena Double Track 192,000,000
Encinitas Pedestrian Crossings 10,000,000
Los Penasquitos Lagoon Bridge 31,000,000
North Oceanside Double-Track 56,000,000
Oceanside Transit Center 28,100,000
Poinsettia Station Improvements 33,700,000
La Costa to Encinitas Double Track 120,000,000
San Diego River Double Track 82,400,000
San Elijo-Track 75,700,000
San Diego Convention Center 380,000,000
Track improvements south of Santa Fe Depot 700,000,000
Carlsbad Trenching 400,000,000
Sorrento to Miramar Phase 2 98,000,000
Signal Optimization 36,500,000
Serra Siding (Capistrano Beach) 50,000,000
New Coaster Locomotives 53,500,000
Coaster Rail Cars 42,500,000
Engine & Train Car Maintenance - 20 years 76,000,000
8,854,400,000 +
Completed Projects
Sorrento Valley Double Track 31,800,000
South Carlsbad Double Track 18,400,000
Trestles Bridge Reinforcement 8,000,000
Santa Fe Pedestrian Crossing 10,000,000
Tecolote Crossovers 11,000,000
San Luis Rey Transit Center 9,000,000
Sorrento to Miramar Phase 1 44,400,000
Santa Margarita River Bridge Replacement 40,600,000
San Onofre to Los Pulgas Double Track 37,700,000
Est. operating losses for 25 years@ $12 million per year 300,000,000 510,900,000
Source: NCTD, SANDAG, gonctd.com/about-nctd/nctd-projects/, keepsandiegomoving.com/LossanGroup/Lossan-intro.aspx 5 January 10, 2022 Item 15
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Significant Conflicts & Non-Financial Costs
As large as the financial costs of the train are, the non-financial costs and conflicts are much greater. The most significant cost of the train is the urban design cost it imposes.

The trenches, barriers and fences that run along the train tracks physically divide and separate cities. They ruin views, restrict mobility, and work against pedestrian and bikefriendly design. They often restrict access to the coast. Notably, the tracks run for nearly 2 miles of bluff/beach front in Del Mar, and nearly 9 miles along the beach in San Clemente. A multi-billion-dollar tunnel that would blast a hole through the Del Mar hillside would also present significant environmental risks and a very disruptive and destructive construction project for many years. Other negatives and conflicts include disruptive train horns and noises, accidents, pollution from idling, and possible eminent domain.

The Significant Impacts of COVID and Hybrid/Remote Work Trends on Mass Transit The impact of COVID was significant for most mass transit ridership across the world, with many lines experiencing ridership declines in excess of 90%. The Coaster saw a decline of 95% and as of October 2021, was still down 67% from pre-COVID levels. The Coaster’s declines and weak recovery have been worse than many other mass transit lines in San Diego County and the country. This is because the Coaster ridership skews towards the “higher income office/tech worker” demographic that is prevalent in the northern part of the county. It is precisely these types of workers that are shifting to remote and hybrid work patterns that have emerged because of COVID. It looks increasingly likely that a meaningful part of the Coaster ridership decline will be permanent. Sustained concerns of mutating viruses and contagion risks will likely discourage many people from shifting to traditional mass transit.

Major Technology Advances & Competitive Threats to Rail We are on the edge of a profound revolution in transportation and transit with the rapid advancement of electric and autonomous vehicle technology. There is good reason to believe that these developments are going to have significant and permanent negative impacts on the ability of fixed line rail to attract meaningful ridership. Notably, electric vehicles are clean and do not emit any greenhouse gases so they will be significant in addressing concerns about the environment and climate change.

In future years, autonomous or highly advanced driver-assist vehicle technology also has the potential to create meaningful efficiency and improvements with transportation, transit, mobility, and freight on the roads and highways. Autonomous vehicle technology has the potential to significantly improve traffic flow, reduce congestion, and eliminate wasted time or lost productivity from sitting in traffic. Instead of driving, travelers on the roads will have the option to work, read, sleep, play or engage in otherwise productive activities.

These new technologies are likely to be far more effective at addressing congestion and growing capacity than investing in very expensive fixed line rail with a demonstrated history of low ridership. As a general observation, rail can be a successful form of 6 January 10, 2022 Item 15
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transportation in areas with very high population densities such as New York City or Tokyo or in core downtowns. In most regions across the United States with much lower population density, rail has been in decline and largely unsuccessful at attracting meaningful ridership. These coming technology advances are likely to create obsolescence risks for many marginal rail lines across the country. The Coaster’s challenges are not unique.

Rail Does Not Meaningfully Address Greenhouse Gases & Climate Change One of the arguments frequently promoted in support of the Coaster (and rail more generally) is the benefits to greenhouse gas reduction. This argument lacks merit because of how few people ride the Coaster, which is a fraction of 1% of people in the county. Even assuming large growth in the Coaster ridership, it will always be well below 1% of the population. Policies that promote solar energy and electrification of cars, buses, and trucks would be far more impactful and cost effective because this targets most people and how they travel and live today.

Social Equity in Transportation – Rail is for the Affluent Across the country, the ridership profile of rail lines like the Coaster tends to skew significantly to higher income demographics. (See chart below, purple line.) According to the NCTD, two thirds of Coaster riders earn above the region’s median income, and 47% of them earn more than $100,000. In 2016, the average household income of an Amtrak passenger was $170,000, well above the median income. As such, the spending of billions of dollars on rail projects that heavily subsidizes a small number of affluent and higher income commuters is completely counter to the goal of pursuing social equity in transportation.

Source: US DOT, https://rosap.ntl.bts.gov/view/dot/54292 7 January 10, 2022 Item 15
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A Trail as “Highest and Best Use”
Many discontinued train tracks across the country have been converted into popular multiuse trails. Two of the most successful and well-known include the High Line in New York City and the Beltline in Atlanta. The Rails-to-Trails Conservancy (https://www.railstotrails.org/) has successfully advocated for the creation of more than 2,000 such trails across the country. Given the region and coastal areas that the Coaster and Amtrak Surfliner run through, it is possible that a converted trail could become one of the most popular trails in the country. Such a trail could also create billions of dollars in economic and lifestyle benefits.

The High Line in New York City, arguably the nation’s most prominent and successful rail-to-trail project.

The Island Line in Burlington, Vermont is a very popular rail-to-trail project. 8 January 10, 2022 Item 15
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The extensive and on-going Beltline rail-to-trail conversion project in Atlanta is highly utilized, widely praised, and has sparked great urban design that promotes walkability and bicycle usage.

Conclusion
Ridership numbers on the Coaster and Surfliner were very low before the COVID pandemic. Volumes plunged with the pandemic and remain at very depressed levels as of December 2021. Official forecasts from the NCTD itself show extremely low projections through 2031. Demographic data also shows that train ridership skews to high income earners, raising concerns about equity, fairness, and large subsidies for the affluent. Rail freight volumes, similarly, are low as well, at well below 1% of total freight, with the other 99%+ coming from trucks on the highways. Future technology advances with electric and autonomous vehicles would seem to present significant competitive threats to rail as well.

Despite these low numbers and forecasts, there are plans and discussions to spend many billions of taxpayer dollars on the tracks and train services. In addition to large financial costs, the tracks and trains also create significant conflicts with the communities they run through that include noise, accidents, impacts on natural landscapes, and trenches, barriers, and fences that divide cities and create poor urban design.

There are many compelling reasons to support efforts to analyze and better understand the long-term viability, usefulness, social equity, and alternative uses of the tracks and trains that run on them.
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More Information
https://coaster-rail-to-trail.org/
https://www.facebook.com/groups/coasterrailtotrailproject https://www.railstotrails.org/
https://usafacts.org/articles/covid-public-transit-decline/ https://www.everycrsreport.com/reports/IN11181.html
FISCAL IMPACT:

There is no fiscal impact or action to be taken related to this agenda item.

ENVIRONMENTAL IMPACT:

ATTACHMENTS:

Attachment A - Resolution Supporting Efforts to Analyze and Better Understand Long- Term Train Viability
10 January 10, 2022 Item 15

ATTACHMENT A
RESOLUTION NO. 2022-XX

RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DEL

MAR TO SUPPORT EFFORTS TO ANALYZE AND BETTER

UNDERSTAND THE LONG-TERM TRAIN VIABILITY,

USEFULNESS, SOCIAL EQUITY, AND ALTERNATIVE USES OF

THE TRAIN TRACKS AND RELATED SERVICES INCLUDING

THE NORTH COUNTY TRANSIT DISTRICT COASTER, AMTRAK

PACIFIC SURFLINER, AND BURLINGTON NORTHERN AND

SANTA FE RAILWAY FREIGHT TRAINS
WHEREAS, ridership levels for the North County Transit District (NCTD) Coaster have been very low and in decline for many years, significantly underperforming expectations and forecasts despite substantial financial investments and efforts since its inception in 1995; and
WHEREAS, ridership levels of the 350-mile Amtrak Pacific Surfliner have also been low, significantly underperforming expectations despite substantial financial investments over 40+ years; and
WHEREAS, the COVID pandemic has caused an additional large decline in ridership from previously low ridership levels for both the Coaster and the Surfliner; and WHEREAS, some impacts from the COVID pandemic such as remote and hybrid work trends appear to be permanent, creating additional doubt about future ridership recovery and growth; and
WHEREAS, rail freight in San Diego County only constitutes only 0.5% of total freight transport (approximately) with the other 99%+ effectively coming from freight trucks on the roads; and
WHEREAS, rail freight is operated by a private company in Burlington Northern and Santa Fe Railway (BNSF), and as such, taxpayers should not disproportionately subsidize a private company’s investments; and
WHEREAS, the potential solution of rerouting the train tracks off the Del Mar bluffs involves the spending of large sums of money ($3+ billion) to build an alternative route such as a tunnel through the Del Mar hillside or by the I-5 highway; and WHEREAS, other challenges or projects along the tracks could require many additional billions of dollars more in additional costs, including a tunnel in the Miramar area, various trenching projects, and 9 miles of tracks along the San Clemente beach vulnerable to sea level rise; and
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WHEREAS, the trains and tracks creating significant local conflict with the communities through which they run in the form of fences, trenches, barriers, noise, accidents, natural habitat impact, and poor urban design from divided cities; and WHEREAS, the state of California has banned the sale of vehicles with internal combustion engines as of 2035; and
WHEREAS, rapid advances in clean electric vehicle technology have led to substantial growth of such vehicles as of 2021, which directly addresses the greenhouse gas and climate change rationale for supporting rail; and WHEREAS, continued advances in autonomous vehicle technology presents substantial potential in the future for improving congestion and efficiency of transportation, transit, and freight on the roads; and
WHEREAS, the spending of significant financial resources on the train appears to be inconsistent with social equity goals given that two thirds of Coaster riders earn above the regional median income and 47% earn above $100,000 in annual income; and WHEREAS, the spending of significant financial resources on the train appears to be inconsistent with social equity goals given that the average household income of an Amtrak passenger is $170,000 (2016), significantly above the national average; and WHEREAS, the prospective spending of billions of dollars on the tracks and related requests for state and federal grants must include appropriate and realistic projected benefits including ridership growth; and
WHEREAS, the potential alternative use of the tracks as a linear park and multiuse trail can generate substantial social and economic value.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that the City of Del Mar supports efforts to analyze and better understand the long-term viability, usefulness, social equity, and alternative uses of the train tracks and related services including the NCTD Coaster, the Amtrak Surfliner, and the BNSF freight.

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APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Acting City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2022- XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 10th day of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sarah Krietor, Acting City Clerk
City of Del Mar
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________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Joseph Smith, Planning & Community Development Director Joe Bride, Public Works Director
Ashley Jones, City Manager
DATE: January 10, 2022
SUBJECT: Policy Discussion Regarding Timing to Complete Formal Design of Phase 3 of the Riverpath Del Mar Extension Project
REQUESTED ACTION/RECOMMENDATION:

As requested by Councilmember Dan Quirk, staff recommends that the City Council discuss and provide direction to staff about the concept to proceed with the formal design of the Riverpath Del Mar Extension Project Phase 3 (Phase 3) prior to the City Council and/or California Coastal Commission (CCC) consideration of environmental review and permits for the project.

BACKGROUND:

A status update on Phase 3 was provided by staff to the City Council on November 15 and 19, 2021. As part of the discussion for this agenda item, as requested by Councilmember Quirk, the City Council agreed to an agenda item in January 2022, to discuss the concept of advancing the formal project design ahead of the approval process, should the money to do so become available from an outside source. More specifically, for the purpose of this agenda item, Councilmember Quirk has requested that the City Council authorize staff to initiate formal project design once $100,000 in funding from outside sources has been received to cover the cost of this work.

Project Description
Phase 3 is intended to complete one of the last remaining segments of the City’s Scenic Loop Trail by extending the Riverpath Del Mar from the Grand Avenue Bridge to Crest Canyon as identified in the City of Del Mar’s certified Local Coastal Program (LCP), Land Use Plan (LUP), and Community Plan Transportation Element. Staff is currently working with its environmental consultant, Helix Environmental, to finalize the biological information and the project description for the draft environmental document – a Mitigated Negative Declaration (MND) pursuant to the California Environmental Quality Act (CEQA). The updated project description will include two lagoon-fronting properties near 1 January 10, 2022 Item 16
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the Phase 3 extension area as onsite mitigation via a wetland restoration project. The two parcels were recently acquired by the San Dieguito River Valley Conservancy (SDRVC) and made available for use in Phase 3 for project mitigation.

Tentative Project Schedule
As presented on November 15, 2021, the current project schedule and anticipated milestones are as follows:

Finalize Environmental Document - Mitigated Negative Declaration (MND)
March 2022
Planning Commission Recommendation Hearing April 2022
City Council Hearing – MND & Local Permits May 2022
California Coastal Commission Hearing – Coastal Development Permit
December
2022
Final Design Engineering February 2023
Construction Bid Advertisement March 2023
Bid Award/Notice to Proceed April 2023
Project Construction (Prohibited February – August due to bird nesting)
Aug –
December
2023
It should be noted that the schedule above represents an aggressive design engineering duration of two months, and expedited Coastal Development Permit (CDP) processing time of seven months by the California Coastal Commission (CCC), which is normally estimated at 12 months. In addition, there are restrictions on construction during the bird nesting season from February to August every year. Due to the proximity of the project area to the lagoon, no construction should be expected to occur during this time period.

Estimated Project Costs & Sources of Funding
At this time, the total cost for project construction is roughly estimated at between $800,000 and $1,000,000. Construction costs can be more accurately predicted at the completion of the design engineering activity, when substantial cost items (such as environmental mitigation, grading, and structural/geotechnical details) are identified.

In Fiscal Year (FY) 2021-22, the City allocated $150,000 for Phase 3, of which $112,000 is committed for technical surveys and reporting, environmental processing, boundary surveys, drainage reports, a Storm Water Quality Management Plan, fees and contingency with $38,000 remaining. The FY2022-23 City budget includes an additional $150,000 for the project, of which $80,000 is committed to for geotechnical, design engineering, and bid package preparation. The City also anticipates receiving outside sources of funding for this project from partners, such as the SDRVC, who recently received a donation of approximately $800,000 specifically for this project. As a separate action on the January 10, 2022, Council agenda, staff is requesting Council authorization to apply for two separate County of San Diego grants totaling $112,100 to help cover predevelopment costs for the project.
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Del Mar City CouncilJanuary 10, 2022

Del Mar City Council
January 10, 2022