Table of Contents
2022-1-26 Special Agenda - Open Session
Agenda Report with Attachments
25 Del Mar City Council
Special 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.
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.
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 2:30 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.
NOTICE AND CALL OF
SPECIAL MEETING OF THE DEL MAR
CITY COUNCIL
WEDNESDAY, JANUARY 26, 2022, 2:30 P.M.
City of Del Mar, VIA TELECONFERENCE ONLY
1050 Camino del Mar, Del Mar, California
*********************************************
NOTICE IS HEREBY GIVEN that the Mayor of the City of Del Mar has called a Special Meeting at the time and place listed above to consider the following: Please refer to the attached agenda.
CERTIFICATION
I, Sarah Krietor, Acting City Clerk of the City of Del Mar, hereby certify that a copy of this notice was posted at City Hall and distributed to the City Council on January 24, 2022, at approximately 3:00 p.m.
Sarah Krietor, Acting City Clerk
Special Needs: In compliance with the Americans with Disabilities Act, if you need special assistance to participate remotely in this meeting, please contact the 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.
Dwight Worden
Mayor
Tracy Martinez
Deputy Mayor
Dave Druker
Council Member
Terry Gaasterland
Council Member
Daniel Quirk
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Acting City Clerk
Del Mar City Council Special Meeting January 26, 2022
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Public comment is restricted to only items listed on the Special Meeting Agenda. 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 during the meeting using the Zoom link and/or dialin information provided below. For written comments, the subject line of your email should clearly state the item number you would like to comment on. The deadline to submit written comments is 12 p.m. on the day of the meeting. Those wishing to comment live should join the Zoom meeting when the item(s) they wish to speak on is announced.
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.
I. CALL TO ORDER/ROLL CALL
II. CITY COUNCIL BUSINESS
1. City Response to COVID-19 and Other Potential Actions to be Considered Recommended Action: It is recommended that the City Council discuss and consider additional actions to be taken by the City related to COVID-19 such as the following:
1) Adoption of a Resolution (Attachment A), as proposed by Mayor Worden and Councilmember Druker, encouraging Del Mar residents and businesses to follow current public health orders and best practices to prevent the spread of COVID-19;
2) Adoption of two amended urgency ordinances (Attachments B and C) to extend the expiration date associated with modifications to temporary commercial sign restrictions and temporary placement of A-frame signage in the public right-ofway from March 1, 2022 to September 30, 2022; 3) Authorize the City Manager to take the following actions to be in effect until September 30, 2022:
a. Extend the March 1, 2022 expiration dates for all COVID-related permits issued including temporary Encroachment Permits and Temporary Use Permits;
b. Extend the temporary allowance of two A-frame signs per business; c. Extend provisions for use of on-street parking for dining or other uses; d. Continue the temporary streamlined review process for commercial Aframe signage temporarily located in the right-of-way adjacent to all commercial zones;
Del Mar City Council Special Meeting January 26, 2022
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us e. Extend the one-hour extension of alcohol sales, service, and consumption for any restaurant with an approved Sidewalk Café permit; and 4) Provide direction to staff regarding any additional actions to be taken by the City related to COVID-19.
Clerk’s File No. 103-1, 401-4, 1104-3
III. ADJOURNMENT
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Beth Murray, Senior Management Analyst
Kristen M. Crane, Assistant City Manager
Via Ashley Jones, City Manager
DATE: January 26, 2022
SUBJECT: City Response to COVID-19 and Other Potential Actions to be Considered REQUESTED ACTION/RECOMMENDATION:
It is recommended that the City Council discuss and consider additional actions to be taken by the City related to COVID-19 such as the following:
1) Adoption of a Resolution (Attachment A), as proposed by Mayor Worden and Councilmember Druker, encouraging Del Mar residents and businesses to follow current public health orders and best practices to prevent the spread of COVID19; 2) Adoption of two amended urgency ordinances (Attachments B and C) to extend the expiration date associated with modifications to temporary commercial sign restrictions and temporary placement of A-frame signage in the public right-of-way from March 31, 2022 to September 30, 2022;
3) Authorize the City Manager to take the following actions to be in effect until September 30, 2022:
a. Extend the March 31, 2022 expiration dates for all COVID-related permits issued including temporary Encroachment Permits and Temporary Use Permits;
b. Extend the temporary allowance of two A-frame signs per business; c. Extend provisions for use of on-street parking for dining or other uses; d. Continue the temporary streamlined review process for commercial A-frame signage temporarily located in the right-of-way adjacent to all commercial zones;
e. Extend the one-hour extension of alcohol sales, service, and consumption for any restaurant with an approved Sidewalk Café permit; and 1 January 26, 2022 Item 01
City Council Agenda Report
Potential Council Actions to be Taken Related to COVID
January 26, 2022
4) Provide direction to staff regarding any additional actions to be taken by the City related to COVID-19.
BACKGROUND:
On January 10, 2022, the City Council directed staff to facilitate a special meeting of the City Council to discuss other potential actions that the City could take with regard to COVID-19, such as consideration of a Resolution encouraging businesses to take additional precautions to ensure the safety of their employees and the public and encouraging all members of the Del Mar community to be vaccinated/boosted.
City Actions to Date
The City has taken a multitude of actions related to the COVID-19 pandemic since March 2020, including the following:
City Staffing & Operations
The City has adjusted its operations to continue to provide services during the challenges of the COVID-19 Pandemic and follows the most current public health guidance to ensure safe operations. As part of these efforts, the City has adopted a robust COVID-19 Prevention Program (CPP), a COVID-19 Safe Reopening Plan and related policies, including a COVID-19 Employee Vaccination Requirement Policy to help prevent the spread of the virus and maintain a safe and healthy work environment for City employees and members of the public.
The City has been operating under Phase 1 of the COVID-19 Safe Reopening Plan since July 1, 2021, and plans to remain in Phase 1 until public health information, including regional COVID-19 case and hospitalization rates, indicates it is safe to transition to Phase 2 of the plan. There is no anticipated transition date to Phase 2 at this time given the current COVID surge.
Under Phase 1, City Hall is open to the public for limited in-person public services during normal business hours. City staff continues to follow COVID-19 safety protocols when at the work site, including practicing social distancing, use of facial coverings, symptom screening, and taking their temperature when entering a City facility. Members of the public are required to wear face coverings while at City Hall in accordance with the City’s policy and the current State mandate.
City Hall remains staffed at half-capacity and all services, including payments, Planning and Building counter services, and all general customer service inquires, continue to be offered remotely. General walk-in and payment services, including parking citations, planning and building fees, and all other payments, are available Monday through Friday during normal business hours.
In-person Planning and Building Services are offered on a limited walk-in basis Monday and Wednesday from 1:00 to 5:30 pm with remote services available during normal business hours. Site inspections to assess private view impacts and other consistency 2 January 26, 2022 Item 01
City Council Agenda Report
Potential Council Actions to be Taken Related to COVID
January 26, 2022
issues by members of the Design Review Board (DRB) and Planning Commission (PC) occur on a voluntary basis with COVID safety guidelines in place for all parties.
The Public Works administrative offices remain closed to the public, with non-field staff working onsite and remotely to offer public services. Public Works employees who work in the field continue to perform essential services around the City. Community Services staff continue to provide general and safety services, but the administrative offices at the Beach Safety Center remain closed to the public, with all emergency services, such as first aid, being provided on the first floor or outdoors.
Private Events at City Facilities
The Powerhouse Community Center and Civic Center are open for private and non-profit events, and outdoor gatherings and private events are permitted via operational permits at City beaches and parks. The City’s Community Services Department has developed guidelines and requirements for gatherings and events at City facilities, parks, and beaches based on California Department of Public Health guidance. Currently, event attendees at City facilities are required to follow all current public health orders and provide the event host with proof of vaccination or a negative COVID test result collected within 72 hours of the event as a condition of their event permit. The City will continue to monitor public health guidance for events and gatherings and will update its operations accordingly.
Public Meetings
Under AB361 the City Council has adopted resolutions to continue with remote Public Meetings for the City Council, Design Review, Planning Commission, and City Advisory Committees, which have recently resumed meeting. The City has well established processes for supporting public participation during meetings and has increased the number of Zoom webinar licenses to ensure adequate resources for additional remote meetings.
COVID-19 Employee Vaccination Requirement
The City adopted a COVID-19 Employee Vaccination Requirement Policy on October 15, 2021, and required that all employees either be vaccinated by December 15, 2021, or have successfully completed a medical or religious exemption and accommodation process. The City has a 99% compliance rate for full-time employees, and a 100% compliance rate for part-time employees. It is important to note that the percentage for compliance includes employees who have either been vaccinated as required by the policy or have been granted a medical or religious accommodation. Additionally, the City’s policy requires that employees remain up to date with booster shoots when eligible.
Business Support
The COVID-19 pandemic has significantly impacted Del Mar businesses, and throughout the pandemic working with local businesses and the Del Mar Village Association (DMVA) to facilitate economic recovery has been a priority for the City. 3 January 26, 2022 Item 01
City Council Agenda Report
Potential Council Actions to be Taken Related to COVID
January 26, 2022
On September 8, 2020, the City Council took the following actions to provide assistance to the Del Mar business community: 1) authorized permit subsidies for businesses; 2) funded a Dine of the Deck program at the Civic Center; 3 ) approved up to two temporary A-framed signs per business; approved provisions for use of on-street parking for dining or other uses; 4) adopted urgency ordinances approving a provisional increase in commercial signage in commercial zones and a temporary streamlined review process for commercial A-Frame signage temporarily located in the right-of-way adjacent to all commercial zones; 5) directed the City Manager to extend the expiration date for all COVID-related permits issued including the temporary encroachment permits and temporary use permits and allow for a one-hour extension of alcohol sales, service and consumption for any restaurant with an approved sidewalk café permit; and 6) approved the temporary allowance of outdoor coverings.
On March 1, 2021, the City Council approved some additional business support measures including a business subsidy for City permitting services up to $1,000 per business. Many businesses took advantage of this subsidy and applied it to COVID Encroachment Permits, Temporary Use Permits and the Sidewalk Café Permit renewal fees. Since that time, the funds set aside by the City for this purpose have been exhausted. At that meeting, the City Council also approved the extension of seven Discretionary Permits (DRB Permits) for various projects.
DISCUSSION
At the City Council meeting on January 10, 2022, the City Council directed staff to facilitate a special meeting of the Council for the purpose of discussing potential additional actions that could be taken by the City related to COVID-19.
As a result of increased COVID-19 cases statewide, there is a mask mandate in effect through the California Department of Public Health (CDPH) requiring indoor masking in public places and workplaces through February 15, 2022. And, workplace guidance related to employee positive cases and quarantining are changing frequently. Public Health experts continue to advise that being vaccinated/boosted; mask wearing; and social distancing are critical in minimizing the spread of COVID-19.
Based on input received from Mayor Worden and Councilmember Druker, staff has included a draft Resolution (Attachment A) with this agenda report for the Council’s consideration that encourages Del Mar residents and the business community to take any available measures to help stop the spread of COVID-19, and follow all State and local public health orders.
In an effort to continue to support the Del Mar business community during this challenging time, staff is seeking City Council authorization to continue a number of initiatives related to business recovery and support. It is recommended that the City Council extend the expiration date of the Urgency Ordinances that were previously adopted providing 4 January 26, 2022 Item 01
City Council Agenda Report
Potential Council Actions to be Taken Related to COVID
January 26, 2022
modifications to temporary commercial sign restrictions and allowing for temporary placement of A-frame signage in the public right-of-way from March 31, 2022 to September 30, 2022 as well as direct the City Manager to do the following, which would remain in place until September 30, 2022:
Extend the March 31, 2022 expiration date for all COVID-related permits issued including temporary Encroachment Permits and Temporary Use Permits; Extend the temporary allowance of two A-frame signs per business; Extend provisions for use of on-street parking for dining or other uses; Continue the temporary streamlined review process for commercial A-frame signage temporarily located in the right-of-way adjacent to all commercial zones; and
Extend the one-hour extension of alcohol sales, service, and consumption for any restaurant with an approved Sidewalk Café permit.
The City Council may also want to consider providing enhanced public information related to COVID-19 including links to important resources for the public and business community on the City’s website and in the City’s Weekly Update.
FISCAL IMPACT: There is no fiscal impact or action to be taken by the City Council 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.
ATTACHMENTS:
Attachment A - Resolution of the City Council encouraging Del Mar residents and businesses to follow current public health orders and best practices to prevent the spread of COVID-19
Attachment B - Extended Urgency Ordinance for A-Frame Commercial Signage Attachment C - Extended Urgency Ordinance for Temporary Commercial Signage 5 January 26, 2022 Item 01
RESOLUTION NO. 2022-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR ENCOURAGING DEL MAR RESIDENTS AND
BUSINESSES TO FOLLOW CURRENT PUBLIC HEALTH
ORDERS AND BEST PRACTICES TO PREVENT THE
SPREAD OF COVID-19
WHEREAS, the County of San Diego Health and Human Services Agency is reporting record numbers of new COVID-19 cases and according to Wilma J. Wooten, M.D., M.P.H., County public health officer, “with the arrival of the more transmissible Omicron, the number of cases is unprecedented in this pandemic”; and
WHEREAS, the number of COVID-19 and variant cases has increased exponentially in the State, County and the City of Del Mar; and
WHEREAS, according to public health experts the most effective measures in preventing the spread of COVID-19 include vaccinations/boosters, social distancing, and use of face coverings; and
WHEREAS, the California Department of Public Health (CDPH) and the County of San Diego Health and Human Services Agency issue public guidance and health orders related to COVID-19, which includes a recent CDPH mask mandate requiring mask wearing indoors in public spaces and the workplace until February 15, 2022; WHEREAS, according to the Centers for Disease Control and Prevention (CDC), unvaccinated people are considered at a higher risk of infection and higher risk of severe illness or death from COVID-19 and require special considerations because they are at higher risk for negative health outcomes.
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 hereby encourages Del Mar residents and businesses to follow current public health orders and best practices including, but not limited to, vaccinations/boosters, mask wearing, and social distancing to prevent the spread of COVID-19; and
SECTION 2. 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, at a Special Meeting this 26th day of January, 2022.
Dwight Worden, Mayor
City of Del Mar
6 January 26, 2022 Item 01
Resolution No. 2022-XX
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 the Resolution No. 2022-XX, adopted by the City Council of the City of Del Mar, California, at a Special Meeting held the 26 th day of January 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
7 January 26, 2022 Item 01
ATTACHMENT B
ORDINANCE NO. XXX
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AMENDING AND
EXTENDING ORDINANCE NO. 967 APPROVING A
TEMPORARY STREAMLINED REVIEW PROCESS FOR
COMMERCIAL A-FRAME SIGNAGE TEMPORARILY LOCATED
IN THE RIGHT-OF-WAY ADJACENT TO ALL COMMERCIAL
ZONES
WHEREAS, on February 14, 2020, the County of San Diego Board of Supervisors declared a local health emergency in the County of San Diego, California due to the public health threat of the Coronavirus (COVID-19); and WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a state of emergency in the State of California due to the public health threat of COVID19; and WHEREAS, on March 14, 2020, the Del Mar City Council proclaimed a Local Emergency, as defined by Government Code section 8558(c), in the City of Del Mar due to the COVID-19 pandemic; and
WHEREAS, the Del Mar City Council directed staff to temporarily close City Hall and other City meeting facilities to the public and to cancel all scheduled public meetings until further direction is provided; and
WHEREAS, on March 19, 2020, Governor Gavin Newson issued an Executive Order (N-33-20) for all non-essential workers to stay-at-home (shelter-in-place), for individuals to practice “social distancing” of at least six feet from other individuals, for individuals to avoid congregating in groups of 10 or more, and generally for individuals to avoid contact with others in order to protect the health and well-being of all Californians and to slow the spread of COVID-19; and
WHEREAS, leaders at the global, national, state, regional, and local levels all continue to emphasize that it is critical for public agencies to immediately take any and all steps necessary to minimize the potential for COVID-19 to continue to spread; and WHEREAS, several businesses in the City that primarily serve the community and visitors, including restaurants, cafes, retail, retail service, and hotels are experiencing a significant financial impact as a result of COVID-19, and particularly the “shelter-in-place” order; and
WHEREAS, several businesses in the City have temporarily closed or are providing limited services due to the “shelter-in-place” order, and uncertainty exists as to when the “shelter-in-place” order will be lifted; and
8 January 26, 2022 Item 01
Ordinance No. XXX
WHEREAS, an increase in closed businesses, either temporarily or permanently, along the City’s public streets could lead to excessive blight of the City’s commercial areas; and
WHEREAS, the business closures and limitation of services due to COVID-19 is having an immediate impact on several of the City’s most significant revenue sources, including Transient Occupancy Tax (TOT), Sales Tax, parking operations, and City facility rentals; and
WHEREAS, the business community has indicated that providing temporary modifications to commercial signage for advertising purposes would help with recovery efforts for businesses once the “shelter-in-place” order is modified or lifted; and WHEREAS, commercial A-frame signage is one type of commonly used signage by the business community and regulated by Del Mar Municipal Code (DMMC) sections
30.84.040 and 30.84.050. Pursuant to these sections, one A-frame sign may be approved for each individual business and is subject to the following regulations: 1) size is limited to a maximum of 10.5 square feet, with maximum dimensions of 36 inches in width by 42 inches in height; 2) display may only occur during open business hours and shall be removed at the close of business each day; 3) sign shall be located entirely on private property, on the premises of the business establishment for which advertising is provided; 4) sign shall be placed so as to not block access to a parking stall, drive aisle or pedestrian travel way; 5) message/copy shall be limited to changeable message/copy for the advertisement of products or services available in the establishment for which advertising is provided; 6) frame shall be composed of a hinged A-frame structure; 7) sign shall be devoid of any strobe, blinking or flashing lights, electronic animation, or electronic reader copy, or any flags, balloons, pendants, flyers, handouts or other attachments; and 8) sign shall be anchored or secured to maintain the sign in a stable, upright position; and
WHEREAS, DMMC section 23.09.040 requires that the display of a new or replacement A-frame sign shall first be subject to the receipt of an approved Administrative Sign Review Permit (ASR); and
WHEREAS, DMMC section 30.84.075 states that no sign shall be installed, posted, erected or maintained so as to encroach within a public right-of-way without the prior receipt of a Sign Encroachment Permit authorized by the Del Mar Planning Commission; and
WHEREAS, on May 22, 2020, the San Diego County Public Health Officer provided an order to allow in-person dining and retail service with social distancing and sanitization protocols in place; and
WHEREAS, in light of the emergency declarations made by Federal, State, County, and the City governments in response to the COVID-19 pandemic, and the impacts of the pandemic on the City, the City has, pursuant to Government Code 9 January 26, 2022 Item 01
Ordinance No. XXX
section 36937(b) identified facts constituting an urgency condition for which action is required for immediate preservation of the public peace, health or safety, provided notice of and conducted a public hearing, and has received written comments and oral testimony from members of the public; and
WHEREAS, on June 1, 2020, the Del Mar City Council adopted an urgency ordinance (Ordinance No. 967) to allow a provisional modification in the placement of City-approved A-frame signage from being located entirely on private property pursuant to DMMC section 30.84.050(7)(b) to be allowed in the public right-of-way; and WHEREAS, Ordinance No. 967 was set to expire on October 6, 2020; and WHEREAS, on September 8, 2020, the Del Mar City Council adopted Ordinance No. 970 which amended and extended Ordinance No. 967 for an additional six (6) month period ending on March 8, 2021; and
WHEREAS, on March 1, 2021, the Del Mar City Council adopted Ordinance No. 977 which amended and extended Ordinance No. 967 for additional twelve (12) month period, expiring on March 31, 2022; and
WHEREAS, State and County public health orders, including the most recent order issued by the San Diego County Health Officer and Emergency Regulations effective February 6, 2021, continue to pose a significant financial impact to several businesses including restaurants, cafes, retail and retail service as a result of COVID19, and particularly the ongoing “shelter-in-place” order, social-distancing provisions, and capacity limitations on serving customers indoors; and WHEREAS, the urgency conditions discussed in Ordinance Nos. 967, 970, and 977 – the impacts of the COVID-19 pandemic -- continue to pose a current and immediate threat to the public peace, health, or safety, due to significant financial impacts on businesses contributing to an immediate impact on several of the City’s revenue sources; and
WHEREAS, Ordinance No. 967, as amended and extended most recently by Ordinance No. 977, is set to expire on March 31, 2022.
NOW, THEREFORE, the City Council of the City of Del Mar does hereby ordain as follows:
SECTION ONE:
1. The City Council finds and determines the foregoing recitals to be true and correct and hereby makes them part of this urgency ordinance.
2. The City Council finds that there remains a current and immediate threat to the public safety, health, and welfare due to significant financial impacts of the COVID-19 pandemic on businesses, contributing to an immediate negative impact on several of the City’s revenue sources including TOT, sales tax, and 10 January 26, 2022 Item 01
Ordinance No. XXX
parking operations; and contributing to a potential increase in commercial vacancies along public streets which could lead to excessive blight.
SECTION TWO:
1. That the A-frame signage placement restriction contained in DMMC section
30.84.050(7)(b) is hereby provisionally modified from being located entirely on private property to be allowed in the public right-of-way for City-approved Aframe signage. This modification shall be in effect until September 30, 2022, extending the modification an additional/approximate six (6) months beyond the period set forth in Ordinance No. 977.
2. That any business without City-approved A-frame signage and seeking A-frame signage must first obtain approval through an Administrative Sign Review (ASR) process under DMMC Chapter 23.09.
3. That the A-frame Sign Encroachment Permit requirement contained in DMMC sections 30.84.075(A) and (B), requiring Sign Encroachment Permits to be authorized and approved by the Del Mar Planning Commission, is hereby provisionally modified to instead require only authorization and approval of a Minor Encroachment Permit for a Short-term Impact (Short-Term Minor Encroachment Permit) issued by the City Manager under DMMC Chapter 23.28.
4. That the Short-Term Minor Encroachment Permit shall contain appropriate conditions and provisions to ensure public health and safety including, but not limited to, requiring attachment of a proof of liability insurance certificate with the City of Del Mar listed as additional insured.
SECTION THREE:
The adoption of an urgency ordinance is Statutorily Exempt under California Environmental Quality Act (CEQA) Guidelines Section 15269(c) in that the action is necessary to prevent or mitigate an emergency resulting from impacts to the City as a result of COVID-19.
SECTION FOUR:
The urgency ordinance was considered by the City Council on January 26, 2022.
SECTION FIVE:
The City Clerk is directed to prepare and have published a summary of this Ordinance within fifteen (15) days following adoption indicating votes cast in compliance with Government Code § 36933.
SECTION SIX:
11 January 26, 2022 Item 01
Ordinance No. XXX
If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.
SECTION SEVEN:
This Ordinance shall become effective immediately following its passage and adoption by a four-fifths (4/5) vote of the City Council as an urgency ordinance pursuant to Government Code § 36937(b).
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California at the Special Meeting held this 26th day of January, 2022. ________________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
12 January 26, 2022 Item 01
Ordinance No. XXX
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 Ordinance No.____, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Special Meeting held the 26th day of January 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
13 January 26, 2022 Item 01
ATTACHMENT C
ORDINANCE NO. XXX
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AMENDING AND
EXTENDING ORDINANCE NO. 961, APPROVING A
PROVISIONAL INCREASE IN TEMPORARY COMMERCIAL
SIGNAGE IN ALL COMMERCIAL ZONES
WHEREAS, on February 14, 2020, the County of San Diego Board of Supervisors declared a local health emergency in the County of San Diego, California due to the public health threat of the Coronavirus (COVID-19); and WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a state of emergency in the State of California due to the public health threat of COVID19; and WHEREAS, on March 14, 2020, as defined by Government Code Section 8558(c), the Del Mar City Council proclaimed a Local Emergency in the City of Del Mar due to the COVID-19 pandemic; and
WHEREAS, the Del Mar City Council directed staff to temporarily close City Hall and other City meeting facilities to the public and to cancel all scheduled public meetings until further direction is provided; and
WHEREAS, on March 19, 2020, Governor Gavin Newson issued an Executive Order (N-33-20) for all non-essential workers to stay-at-home (shelter-in-place), for individuals to practice “social distancing” of at least six feet from other individuals, for individuals to avoid congregating in groups of 10 or more, and generally for individuals to avoid contact with others in order to protect the health and well-being of all Californians and to slow the spread of COVID-19; and
WHEREAS, leaders at the global, national, state, regional, and local levels all continue to emphasize that it is critical for public agencies to immediately take any and all steps necessary to minimize the potential for COVID-19 to continue to spread; and WHEREAS, on March 23, 2020, the City issued an emergency order, in response to the threat posed by COVID-19 to the public health, safety and general welfare, to temporarily close public access to all beaches, beach access points, bluffs, Powerhouse Park, Seagrove Park, and areas adjacent to the San Dieguito River located within the jurisdictional boundary of the City until termination of the Local Emergency proclamation by the City Council or by Executive Order of the Governor of the State of California lifting the “shelter-in-place” order, whichever comes first; and WHEREAS, prohibiting the public from accessing specified public facilities and outdoor public recreation spaces is the minimum action necessary to protect the public health, safety, and general welfare during this health emergency; and 14 January 26, 2022 Item 01
Ordinance No. XXX
WHEREAS, several businesses in the City that primarily serve the community and visitors, including restaurants, cafes, retail, retail service, and hotels are experiencing a significant financial impact as a result of COVID-19, and particularly the “shelter-in-place” order; and
WHEREAS, several businesses in the City have temporarily closed or are providing limited services and uncertainty exists as to when the “shelter-in-place” order will be lifted; and
WHEREAS, an increase in closed businesses, either temporarily or permanently, along the City’s public streets could lead to excessive blight of the City’s commercial areas; and
WHEREAS, COVID-19 is having an immediate impact on several of the City’s most significant revenue sources, including Transient Occupancy Tax (TOT), Sales Tax, parking operations, and City facility rentals; and
WHEREAS, the business community has indicated providing additional commercial signage for advertising purposes would assist businesses in sustaining businesses remain in operation during the COVID-19 pandemic and help with recovery efforts for businesses once the “shelter-in-place” order is lifted; and WHEREAS, Del Mar Municipal Code (DMMC) Chapter 30.84 regulates signage, including an allowance for up to a maximum of six (6) square feet of temporary commercial signage that may be used by each individual business, continuously or intermittently, for a total duration of not more than 60 days in a calendar year and without need for a Design Review Permit or Administrative Sign Review Permit; and WHEREAS, prior to the COVID-19 pandemic, the City’s Business Support Advisory Committee (BSAC) had been discussing an increase to the temporary signage allotment for up to 32 square feet for each individual business in all commercial zones; and
WHEREAS, in light of the emergency declarations made by Federal, State, County, and the City governments in response to the COVID-19 pandemic, the City has, pursuant to Government Code § 36937(b), provided notice of, and conducted a public hearing, and has received written comments and oral testimony from members of the public; and
WHEREAS, on April 6, 2020, the Del Mar City Council adopted an urgency ordinance (Ordinance No. 961) to allow a six (6) month provisional modification in temporary commercial signage size restrictions contained in DMMC Chapter
30.84.040(2)(B.1) from six (6) square feet up to 32 square feet; and WHEREAS, State and County public health orders, including the County of San Diego Order of the County Health Officer and Emergency Regulations effective, 15 January 26, 2022 Item 01
Ordinance No. XXX
continued to pose a significant financial impact to several businesses including restaurants, cafes, retail and retail service as a result of COVID-19, and particularly the ongoing “shelter-in-place” order, social-distancing provisions, and capacity limitations on serving customers indoors; and
WHEREAS, on September 8, 2020, the Del Mar City Council found that the urgency conditions discussed in Ordinance No. 961 – the impacts of the COVID-19 pandemic -- continued to pose a current and immediate threat to the public peace, health, or safety, due to significant financial impacts on businesses contributing to an immediate impact on several of the City’s revenue sources; and WHEREAS, Ordinance No. 961 was set to expire on October 6, 2020; and WHEREAS, on September 8, 2020, the Del Mar City Council adopted Ordinance No. 969 which amended and extended Ordinance No. 961 for an additional six (6) month period; and
WHEREAS, State and County public health orders, including the most recent order issued by the San Diego County Health Officer and Emergency Regulations effective February 6, 2021, continue to pose a significant financial impact to several businesses including restaurants, cafes, retail and retail service as a result of COVID-19, and particularly the ongoing “shelter-in-place” order, social-distancing provisions, and capacity limitations on serving customers indoors; and WHEREAS, on March 1, 2021, the Del Mar City Council adopted Ordinance No. 976 which amended and extended Ordinance No. 961 until March 31, 2022; and WHEREAS, the urgency conditions discussed in Ordinance Nos. 961, 969, and 976 – the impacts of the COVID-19 pandemic -- continue to pose a current and immediate threat to the public peace, health, or safety, due to significant financial impacts on businesses contributing to an immediate impact on several of the City’s revenue sources; and
WHEREAS, Ordinance No. 961, as amended and extended by Ordinance No. 976, is set to expire on March 31, 2022.
NOW, THEREFORE, the City Council of the City of Del Mar does hereby ordain as follows:
SECTION ONE:
1. The City Council finds and determines the foregoing recitals to be true and correct and hereby makes them part of this urgency ordinance.
2. The City Council finds that there remains a current and immediate threat to the public safety, health, and welfare due to significant financial impacts on businesses contributing to an immediate impact on several of the City’s revenue 16 January 26, 2022 Item 01
Ordinance No. XXX
sources including TOT, sales tax, and parking operations; and a potential increase in commercial vacancies along public streets.
SECTION TWO:
1. That the temporary commercial signage size restriction contained in DMMC Chapter 30.84.040(2)(B.1) is hereby provisionally modified from six (6) square feet up to 32 square feet. This modification shall be in effect until September 30, 2022, extending the modification an additional/approximate six (6) months beyond the period set forth in Ordinance No. 976.
2. That the temporary sign time limit of 60 days set forth in DMMC
30.84.020(B)(7) will commence at the conclusion of the urgency ordinance and any temporary signage allowed by the urgency ordinance is exempt from and would not be counted toward the 60-day calendar limit.
SECTION THREE:
The adoption of an urgency ordinance is Statutorily Exempt under California Environmental Quality Act (CEQA) Guidelines Section 15269(c) in that the action is necessary to prevent or mitigate an emergency resulting from impacts to the City as a result of COVID-19.
SECTION FOUR:
The urgency ordinance was considered by the City Council on January 26, 2022.
SECTION FIVE:
The City Clerk is directed to prepare and have published a summary of this Ordinance within fifteen (15) days following adoption indicating votes cast in compliance with Government Code § 36937(b).
SECTION SIX:
If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.
SECTION SEVEN:
This Ordinance shall become effective immediately following its passage and adoption by a four-fifths (4/5) vote of the City Council as an urgency ordinance pursuant to Government Code § 36937(b).
17 January 26, 2022 Item 01
Ordinance No. XXX
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California at the Special Meeting held this 26th 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 Ordinance No.____, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Special Meeting held the 26th day of January, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
18 January 26, 2022 Item 01