Agenda, regular meeting, first session — Del Mar City Council, March 21, 2022

Table of Contents
2022-3-21 Regular Meeting Agenda
Item 01 - Minutes 3-7-2022
Item 02 - List of Demands
Item 04 - Second Reading NCPC LCPA
Item 05 - Reso to Accept HAP Grant Funds
Item 06 - Housing APR
Item 07 - SAC Appointments
Item 08 - Parks & Rec Appointment
Item 09 - Del Mar Blue Print Contract Amendment
Item 10 - DMVA Economic Development Contract Amendment
Item 11 - Riverpath Grant
Item 12- Sheriff's Contract - FY 22-23 through FY 26-27 2 9
14 34
55 69
88 124
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160
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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, March 21, 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 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
Dan Quirk
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Acting City Clerk
Del Mar City Council Regular Meeting March 21, 2022
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us 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. 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.

1. Approval of Minutes: March 7, 2022 Regular and Special Meeting Recommended Action: Approve Minutes.

Reference: Clerk’s Minutes Book

2. Ratification of List of Demands, dated March 21, 2022 Recommended Action: Ratify the List of Demands.

Reference: Clerk’s File No. 201-3

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

Reference: Clerk’s File No. 401-4
Del Mar City Council Regular Meeting March 21, 2022
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

4. Second Reading and Adoption of an Ordinance to Accept Coastal Commission’s Modifications to the North Commercial/Professional Commercial (NC/PC) Local Coastal Program Amendment (LCPA) Recommended Action: Staff recommends the City Council adopt the Ordinance (Attachment A) to accept the modifications required for final certification of the NC/PC LCPA per action taken by the California Coastal Commission (CCC) on February 10, 2022, granting conditional approval.

Reference: Clerk’s File No. 401-4, 401-9, 305-2

5. Adoption of a Resolution to Accept Housing Acceleration Grant Funds Recommended Action: Staff recommends the City Council adopt the Resolution (Attachment A) to accept the Housing Acceleration Grant Funds in the amount of $225,000 and authorize the City Manager to execute the contract.

Reference: Clerk’s File No. 201-13, 303-1, 1506-1

6. Authorization for Submittal of the 2021 Housing Element Annual Progress Report
Recommended Action: Staff recommends the City Council review the City’s 2021 Housing Element Annual Progress Report (APR) (Attachment A) and authorize submittal to the State Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research by the April 1, 2022 deadline.

Reference: Clerk’s File No. 303-1, 304-7

7. Sustainability Advisory Committee Appointments
Recommended Action: The City Council Liaisons to the Sustainability Advisory Committee recommend that the City Council: 1) Appoint Valerie Dufort-Roy and Daria Flores to the Committee as voting members to serve a full three-year term starting March 21, 2022 and ending on March 31, 2025; 2) Appoint Watson Strowbridge to the Committee as a non-voting, ex-officio member to serve a full three-year term starting March 21, 2022 and ending on March 31, 2025; and 3) Reappoint Nilmini Silva-Send to the Committee as a non-voting, ex-officio member to serve a full three-year term starting May 1, 2022 and ending on May 31, 2025.

Reference: Clerk’s File No. 401-5
Del Mar City Council Regular Meeting March 21, 2022
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

8. Parks & Recreation Committee Appointment
Recommended Action: The City Council Liaisons to the Parks and Recreation Committee recommend that the City Council appoint Arlene Prater as a voting member to the Committee to serve a full three-year term starting March 21, 2022 and ending on March 31, 2025.

Reference: Clerk’s File No. 401-5

9. First Amendment to Agreement with Del Mar Blue Print Company Recommended Action: Staff recommends that the City Council: 1) Approve the First Amendment to the Agreement between the City of Del Mar and Del Mar Blue Print Company (Attachment A) for as-needed printing, publishing, and graphic design services for an additional two-year period ending March 4, 2024; and 2) Authorize the City Manager to execute the First Amendment.

Reference: Clerk’s File No. 406-1

10. First Amendment to the Economic Development Agreement with the Del Mar Village Association for Fiscal Year 2021-2022
Recommended Action: Staff recommends that the City Council: 1) Approve the First Amendment to the Agreement with the Del Mar Village Association (DMVA) for FY 2021-22 Economic Development services (Attachment A); and 2) Authorize the City Manager to execute the First Amendment.

Reference: Clerk’s File No. 406-1

11. Authorization to Apply for State of California Recreational Trails Program 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 an application for State of California Recreational Trails Program Grant funding to supplement the cost of future construction of the Riverpath Del Mar Extension Project Phase 3; and 2) Authorize the City Manager to execute the necessary related documents, including the grant application and future agreement.

Reference: Clerk’s File No. 201-13
IX. COUNCIL MEETING RECESS
X. CITY COUNCIL OTHER BUSINESS
Del Mar City Council Regular Meeting March 21, 2022
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

12. Approval of a 5-year Agreement with the County of San Diego and the San Diego County Sheriff for General and Specialized Law Enforcement and Traffic Services
Recommended Action: Staff recommends that the City Council approve a fiveyear agreement with the County of San Diego and the San Diego County Sheriff for General and Specialized Law Enforcement and Traffic Services (Attachment A), and authorize the City Manager to execute the contract.

Reference: Clerk’s File No. 406-1; 1101-7
XI. 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/Druker) G. Regional Solid Waste Association (Worden/Quirk)
H. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Druker/Quirk)
I. SANDAG Borders Committee (Druker)
J. SANDAG Regional Planning Committee (Gaasterland)
K. SANDAG Shoreline Preservation Working Group (Worden/Gaasterland) L. San Diego Metropolitan Wastewater JPA Advisory Committee to San Diego (Quirk/Bride)
M. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Worden/Quirk)
N. Other Regional Organization Reports
XII. 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. Clean Water Rate Project (Druker, Quirk)
D. Del Mar Community Connections (Martinez/Quirk)
E. Del Mar Village Association (Druker/Quirk)
F. Finance Committee (Gaasterland/Quirk)
G. Housing Subcommittee (Gaasterland/Martinez)
H. Human Resources Subcommittee (Druker/Worden)
Del Mar City Council Regular Meeting March 21, 2022
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. Legislative Subcommittee (Gaasterland/Druker)
J. Long-Term Rail Relocation Subcommittee (Gaasterland/Druker) K. Measure Q Citizen Oversight Committee (Druker/Quirk) L. Parks and Recreation Committee (Druker/Worden)
M. Planning Process Subcommittee (Druker/Gaasterland)
N. Safe Rail Crossing and Bluff Stabilization Subcommittee (Gaasterland/Druker) O. Lagoon Committee (Quirk/Worden)
P. Sea-Level Rise Adaptation Plan Implementation Subcommittee (Gaasterland/Martinez)
Q. Shores Advisory Committee (Gaasterland/Martinez)
R. Solid Waste Procurement Services Ad-Hoc Subcommittee (Quirk/Worden) S. Sustainability Advisory Committee (DrukerWorden)
T. Traffic and Parking Advisory Committee (Martinez/Worden) U. Undergrounding Project Advisory Committee (Gaasterland/Quirk) V. Other Committee-Subcommittee Reports
XIII. 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.

April 4, 2022
Report on Measure Q transactions for FY 2020-21 and FY 2021-22 Appointment to Finance Committee
Appointment to Traffic & Parking Advisory Committee
AB361 Continuation of Remote Public Meetings
DMF Donation of Art Plaques for James Hubbell Sculpture at Library Approval of Contracts for Door Replacement Projects (Beach Safety Center &25th Street Tower) Initial Consideration Appeal of DRB21-018, LC21-008, CDP21-012; 624 8th Street Master License Agreements with Crown Castle & AT&T for Small Cell Wireless Facilities (Tentative) TransNet Local Streets and Roads Program of Projects for Fiscal Years 2022-2023 through 2026-2027 Amendment to City Council Policy 200 Related to Service of Significant Others Proposed City Council Policy Related to Advisory Committee Work Plans Campaign Sign Code Amendment Update
State Ballot Measure Restricting Voters’ Input and Local Taxing Authority - Opposition Resolution Del Mar City Council Regular Meeting March 21, 2022
Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XIV. 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 16th day of March, 2022, at approximately 5:00 p.m.
___________________________________________ 3/16/2022
Sarah Krietor, Acting City Clerk Date

CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
MARCH 7, 2022 – 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 Worden called the Regular Meeting to order at 4:30 p.m.

ROLL CALL

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

CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that there were no recusals for the March 7, 2022 City Council Closed Session meeting. She reported that for Item A the City will be timely responding to North County Transit Districts’ (NCTD) recent update to the federal Surface Transportation Board in coordination with the California Coastal Commission (CCC). There were no reportable actions for Item B.

PLEDGE OF ALLEGIANCE
Councilmember Quirk led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
None.

CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Druker reported on the Friends of the Powerhouse fundraiser event on March 12, 2022, to help raise funds for the Powerhouse Park Tot Lot renovations. Councilmember Gaasterland reported on Meals on Wheels elected official week. Deputy Mayor Martinez reported on the Del Mar Village Association ribbon cutting events planned for Saturday, March 12, 2022, at the Darshan Bakery, An’s Hatmakers, and Tulsi.

CITY MANAGER’S REPORT
City Manager Ashley Jones reported that the public comment period is underway for the Riverpath Extension Phase 3 Project Mitigated Negative Declaration and provided an update on the masking requirement in place at City facilities.

CONSENT CALENDAR
Mayor Worden read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.
1 March 21, 2022 Item 01
City Council Regular Minutes
March 7, 2022

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IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER GAASTERLAND TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 5, WITH DEPUTY MAYOR MARTINEZ AND COUNCILMEMBER QUIRK RECUSED FOR ITEM 5 DUE TO LIVING WITHIN 500 FEET OF THE SUBJECT MATTER OF THAT DISCUSSION. (VOTE 5-0 FOR ITEMS 1-4; VOTE 3-0 FOR ITEM 5 WITH DEPUTY MAYOR MARTINEZ AND COUNCILMEMBER QUIRK RECUSED.)
ITEMS 1-4: Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.

ITEM 5: Ayes: Mayor Worden, and Councilmembers Druker and Gaasterland; Noes: 0; Absent: 0; Abstain: Deputy Mayor Martinez and Councilmember Quirk.

ITEM 1: APPROVAL OF MINUTES: FEBRUARY 22, 2022 REGULAR AND SPECIAL MEETING, FEBRUARY 28, 2022 SPECIAL MEETINGS (CLERK’S MINUTES BOOK) Council approved the minutes, on consent.

ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED MARCH 7, 2022 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.

ITEM 3: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.

ITEM 4: CONTINUATION OF REMOTE PUBLIC MEETINGS IN COMPLIANCE WITH GOVERNMENT CODE SECTION 54953 (ASSEMBLY BILL 361) (CLERK’S FILE NO. 401-7)
Council adopted Resolution 2022-18, “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.

PUBLIC HEARING
ITEM 5: INTRODUCTION OF AN ORDINANCE TO ACCEPT MODIFICATIONS TO THE NORTH

COMMERCIAL/PROFESSIONAL COMMERCIAL (NC/PC) LOCAL COASTAL

PROGRAM AMENDMENT PURSUANT TO COASTAL COMMISSION ACTION ON FEBRUARY 10, 2022 (CLERK’S FILE NO. 401-4, 401-9, 305-2) Deputy Mayor Martinez and Councilmember Quirk were recused from participation on the item due to living within 500 feet of the subject matter of that discussion. The public hearing was opened and closed, and the item was moved to the consent calendar for approval. Council approved the introduction of an Ordinance to accept the modifications required for final certification of the NC/PC Local Coastal Program 2 March 21, 2022 Item 01
City Council Regular Minutes
March 7, 2022

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Amendment (LCPA) per action taken by the California Coastal Commission (CCC) on February 10, 2022, granting conditional approval, on consent.

CITY COUNCIL OTHER BUSINESS
ITEM 6: CREST CANYON EVACUATION PLAN (CLERK’S FILE NO. 1103-1) An introduction to the item was provided by City Manager Jones. A presentation was provided by Environmental Sustainability and Special Projects Manager Clem Brown and Del Mar Fire Battalion Chief Joshua Gordon. Fire Chief Mike Stein and Michael Baker International Traffic Engineer Dawn Wilson were available to answer questions.

Council questions focused on whether impacts of events at the Fairgrounds were taken into consideration in the Crest Canyon Evacuation Plan (Evacuation Plan); clarification on how vehicle trips data referenced in the Evacuation Plan was generated; clarification on the six population areas; clarifications on hard closures used in fire evacuation traffic control plans; whether the Fairgrounds as an evacuation route and site is feasible; whether other evacuation routes were considered; confirmation that the Evacuation Plan fulfills the requirements of the referendum withdrawal agreement; whether the plan considers future development in the area; and clarification that the Evacuation Plan is a living document that will be updated as may needed in order to reflect circumstantial changes such as future development.

Mayor Worden opened the item to public comment and Arnold Wiesel spoke. Mayor Worden closed the item to public comment.

Council discussion focused on the rationale and purpose of the Evacuation Plan; traffic control elements of the plan being implemented by individuals including City Lifeguards; appreciation for staff’s time preparing the Evacuation Plan; concerns regarding the Evacuation Plan as it related to evacuations during Fairground events; discussion of whether the Evacuation Plan adequately addresses the concerns of the referendum proponents; and discussion of how the plan will evolve over time as circumstances change.

COUNCIL MEETING RECESS:

The City Council took a meeting recess from approximately 5:53 p.m. to 6:05 p.m.

ITEM 7: FISCAL YEAR 2020-2021 ANNUAL COMPREHENSIVE FINANCIAL REPORT AND AUDITED FINANCIAL RESULTS (CLERK’S FILE NO. 202-5)
A presentation was provided by Finance Manager/Treasurer Monica Molina and Principal Nitin Patel with the City’s auditor Clifton Larson Allen LLP.

There were no public speakers for the item. City Council received the presentation.

ITEM 8: FISCAL YEAR 2021-22 MID-YEAR FINANCIAL REPORT (CLERK’S FILE NO. 202-5) A presentation was provided by Finance Manager/Treasurer Monica Molina.

Council questions focused on the location of the statistical section and sales tax information in the Annual Comprehensive Financial Report (ACFR); reserve levels for utility funds; clarification on COVID funds amounts the City received and the allowed uses of the funds; clarification on the Fire Department overtime costs included in the mid-year adjustment; clarification on the top 25 sales tax generator information in the ACFR; reserves for the housing reserve fund and other reserves; negative impact of 3 March 21, 2022 Item 01
City Council Regular Minutes
March 7, 2022

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COVID on the City’s reserve funds; anticipation of increased sales tax as the Fairground resumes operations; whether City staff expects Transient Occupancy Tax (TOT), sales tax, and parking reserves to continue to increase; clarification on pooled sales tax for online sales versus non-pooled Measure Q sales tax receipts; and clarification on the mid-year request related to the Adirondack chairs at City Hall.

There were no public speakers for the item.

IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER QUIRK TO APPROVE REVENUE ADJUSTMENTS OF $2,689,050; APPROVE EXPENDITURE ADJUSTMENTS OF $473,490 AND APPROVE ADDITIONAL $100,000 TO HOUSING RESERVE FUND, AND TO ADOPT RESOLUTION 2022-19, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING THE FISCAL YEAR 2021-2022 OPERATING AND CAPITAL BUDGET.” (VOTE 5-0)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland, and Quirk; Noes: 0; Absent: 0; Abstain: 0.

REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY

ORG REPORTS
Council representatives reported on the Clean Energy Alliance; San Diego Association of Governments (SANDAG) Borders Committee, Regional Solid Waste Association, SANDAG Board of Directors, North County Transit District, Finance Committee, and Safe Rail Crossing and Bluff Stabilization subcommittee.

ADJOURNMENT
Mayor Worden adjourned the meeting at 7:17 p.m.

Sarah Krietor, Acting City Clerk
4 March 21, 2022 Item 01

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES
MARCH 7, 2022
Via Teleconference
1050 Camino del Mar, Del Mar, California

CALL TO ORDER
Mayor Worden called the meeting to order at 4:30 p.m.

ROLL CALL

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

CLOSED SESSION
A) Conference with Legal Counsel – Existing Litigation
North County Transit District (NCTD) – Verified Petition for Declaratory Order Surface Transportation Board Finance Docket No. 36433
Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None. However, the City Attorney did report out that the City would be timely responding to North County Transit Districts’ (NCTD) recent update to the Surface Transportation Board in coordination with the California Coastal Commission (CCC).

B) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: One
Description: Liabilities related to fencing at/near NCTD rails Authority: Government Code Section 54956.9(b)
Reportable Action: None.

ADJOURNMENT
Mayor Worden adjourned the meeting at 4:27 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: Amanda Lee, Principal Planner
Karen Brindley, Planning & Community Development Director Via Ashley Jones, City Manager
DATE: March 21, 2022
SUBJECT: Second Reading and Adoption of an Ordinance to Accept Coastal Commission’s Modifications to the North Commercial/Professional Commercial (NC/PC) Local Coastal Program Amendment (LCPA) REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council adopt the Ordinance (Attachment A) to accept the modifications required for final certification of the NC/PC LCPA per action taken by the California Coastal Commission (CCC) on February 10, 2022, granting conditional approval.

DISCUSSION/ANALYSIS:

Completion of the NC/PC LCPA is a critical component within the City’s 6th Cycle Housing Element. It will ensure the City maintains the full capacity of sites required to meet the Regional Housing Needs Allocation (RHNA) for lower income households, which is necessary for compliance with State housing law. On March 7, 2022, the City Council introduced an Ordinance to accept the modifications required for final certification of the NC/PC LCPA. The CCC staff report and report Addendum that reflect CCC’s action taken on February 10, 2022 are available via the CCC web page (see ItemTH13d):
https://www.coastal.ca.gov/meetings/agenda/#/2022/2
The Ordinance incorporates CCC’s required modifications into the City’s LCP Land Use Plan and Del Mar Municipal Code. As amended through prior coordination efforts between CCC staff and City staff, the modifications are consistent with the City’s General Plan and certified LCP. See Attachment C for a strikeout-underline copy of the CCC modifications. While the majority incorporate clarifying changes, the most significant changes are new requirements applicable to multi-unit development in the NC Zone, including:
o New disclosure requirements to address projected sea level rise and flood risk; 1 March 21, 2022 Item 04
City Council Agenda Report
Acceptance of CCC Mods to NC/PC LCPA
March 21, 2022

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o Clarification of the expected scope of site-specific permit review and disclosure to address projected sea level rise; and
o Incorporation of a new LCP Land Use Plan exhibit (Ordinance Exhibit A) reflecting the existing General Plan prohibition of multiple dwelling unit development on six lots in the NC zone (6.78 acres of approximately 16 acres total) located in proximity to the San Dieguito Lagoon.

One letter in opposition was submitted by the North County Transit District (NCTD) on March 7, 2022 (Attachment B). NCTD requested the “removal of the NCTD parcel from the updated NC zoning and specifically the multiple dwelling unit development opportunity contained therein.” However, the NCTD request is inconsistent with the applicable record as follows:
 While NCTD contends that the CCC action did not intend to apply the prohibition of multiple dwelling unit use (applicable to environmentally constrained properties) to the NCTD property, the Coastal Commission action clearly and intentionally requires that the City’s LCP expressly prohibit multiple dwelling unit use on the NCTD-owned parcel located in the NC zone. The CCC-prepared Exhibit 7 (applicable to CCC modification #2) expressly identifies that multiple dwelling unit use shall be prohibited on the NCTD-owned parcel. This is because it is the most environmentally sensitive of the 16 lots located in the NC zone. The lot contains sensitive biological resources including wetland habitat that is protected as “environmentally sensitive habitat area” pursuant to the City’s certified LCP and the Coastal Act. The environmental constraints on the NCTD lot are reflected in the findings of the two Program EIRs that were prepared relating to this item. See the report’s environmental impact statement below.
 The City’s General Plan prohibits multiple dwelling unit uses on the parcel as of March 15, 2021, when the City Council adopted a General Plan Amendment amending the NC land use designation.
 NCTD was mailed a public notice for each of the public hearings held by the City and CCC for this project since 2020. This is the first time NCTD provided comments on the LCPA during the multi-year process.
 The City-initiated Red Dot correspondence distributed on March 7, 2022, was not a substantive change or amendment to the Ordinance. The purpose of the Red Dot correspondence was to distribute three Exhibits that were omitted from the initial report that was distributed. These exhibits reflect modifications that are being required by the Coastal Commission as a condition of approval pursuant to the decision on February 10, 2022.
2 March 21, 2022 Item 04
City Council Agenda Report
Acceptance of CCC Mods to NC/PC LCPA
March 21, 2022

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Staff recommends the City Council adopt the Ordinance as introduced on March 7, 2022.

The proposed Ordinance amends prospective PC Zone Amendment/LCPA Ordinance No. 971 and prospective NC Zone Amendment/LCPA Ordinance No. 973. The two previously adopted Ordinances, in combination with the pending ordinance, will take effect immediately on the date the Coastal Commission takes action to grant final certification (anticipated to occur in early May 2022). Any permit applications deemed complete prior to the effective date of the ordinances will not be subject to the new NC/PC LCPA requirements.

HOUSING IMPACT:

The City’s 6th Cycle Housing Element (2021-2029) is currently in process of a separate State certification review with the California Department of Housing and Community Development (HCD); and as previously identified, the NC/PC LCPA is a critical component to ensure the City will have adequate housing sites identified in the 6th Cycle.

It is City staff’s understanding that HCD is waiting on City Council action to complete processing of the NC/PC LCPA prior to completion of their certification review for the City of Del Mar.

The Housing Element relies on the NC and PC zones to create opportunities for multiple dwelling unit housing, including units for lower income households, as follows:
• 3 lower income units are projected for the PC zone (on two of the four total lots) • 32 lower income units are projected for the NC zone (on nine of sixteen total lots) A City Council decision to not proceed with adoption of the ordinance per the requested action would cause the City to have a shortfall of adequate sites for the 6th Cycle Housing Element and would trigger the “no net loss provisions” per State law. Within 180 days of a decision that creates a shortfall of adequate sites, the City would need to identify an equivalent number of replacement sites to meet its RHNA. Based on the prior analysis done in preparation for the 6th Cycle Housing Element, the replacement sites would most likely need to include rezoning a combination of vacant parcels on the North Bluff (south of Border Avenue and west of Camino del Mar). Further, any replacement sites selected by the City Council would need to be rezoned to allow a density of 20-25 dwelling units per acre and development of housing “by right” as a penalty imposed pursuant to State housing law since the replacement sites needed for sufficient housing capacity would have to be created and relied upon during the current housing cycle (6th Cycle).

FISCAL IMPACT:

There is no fiscal impact associated with this agenda item.

ENVIRONMENTAL IMPACT:

Pursuant to the California Environmental Quality Act (CEQA), the proposed action has been the subject of prior environmental analysis and is consistent with prior City Council 3 March 21, 2022 Item 04
City Council Agenda Report
Acceptance of CCC Mods to NC/PC LCPA
March 21, 2022

Page 4 of 4 ends

determinations that the proposed action will not have a potential to result in a direct or indirect physical change in the environment. This includes:
 Council action on September 8, 2020, adopting Resolution 2020-47 that will apply to future proposed housing projects as covered by PC Zone General Plan Amendment Resolution 2020-48 (adopted September 8, 2020), PC Zoning Ordinance 971 (adopted September 21, 2020), NC Zone General Plan Amendment Resolution 2021-12 (adopted March 15, 2021), and NC Zoning Ordinance 973 (adopted October 19, 2020) that specifically included: 1) certifying a Final Program Environmental Impact Report (PEIR) for the NC/PC Zoning Code Amendments (SCH #2019029058); and 2) adopting a Mitigation, Monitoring, and Reporting Program (MMRP) that identifies a mitigation framework for future proposed housing projects in the NC Zone and PC Zone.

Final NC/PC PEIR:
www.delmar.ca.us/Archive.aspx?ADID=1428
 Council action on October 5, 2020, adopting Resolution 2020-52 for the 6th Cycle Housing Element Update certifying a Final PEIR (SCH No. 2020029064) and adopting a MMRP, which will apply to future proposed housing projects in the NC Zone and PC Zone.

Final 6th Cycle PEIR:
www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

The NC/PC LCPA is a City Council priority to complete required housing programs included in the City’s 5
th Cycle and 6th Cycle Housing Elements.

ATTACHMENTS:

Attachment A – Proposed Ordinance Accepting CCC Modifications Attachment B – NCTD Red Dot Correspondence submitted March 7, 2022 Attachment C – CCC Modifications required per February 10, 2022 CCC Action 4 March 21, 2022 Item 04
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF DEL MAR, CALIFORNIA,

AMENDING DEL MAR MUNICIPAL CODE (DMMC) CHAPTER

30.24 (NORTH COMMERCIAL ZONE) AS ADOPTED BY
PROSPECTIVE ORDINANCE NO. 973; AMENDING DMMC
CHAPTER 30.25 (PROFESSIONAL COMMERCIAL ZONE) AS
ADOPTED BY PROSPECTIVE ORDINANCE NO. 971;
AMENDING THE CITY’S CERTIFIED LOCAL COASTAL

PROGRAM (LCP) BY ADDING A NEW EXHIBIT TO THE LCP
LAND USE PLAN TITLED “LOCATIONS IN NC ZONE WHERE
MULTIPLE DWELLING UNIT DEVELOPMENT IS PROHIBITED”;
AMENDING THE “LAND USE DESIGNATIONS/ALLOWED USES”
LIST IN THE LCP LAND USE PLAN MAP; AND AMENDING THE
“ZONE DESIGNATIONS/ALLOWED USES” LIST IN THE LCP

IMPLEMENTATION PLAN ALL RELATING TO AMENDMENTS

REQUIRED BY THE CALIFORNIA COASTAL COMMISSION
(CCC) AS A CONDITION OF APPROVAL FOR THE CITY TO

OBTAIN FINAL CERTIFICATION OF THE SUBMITTED NC/PC

LOCAL COASTAL PROGRAM AMENDMENT (LCPA) IN ORDER
FOR ORDINANCES NO. 971 (PC ZONE) AND NO. 973 (NC

ZONE) TO TAKE EFFECT IN THE CITY OF DEL MAR
WHEREAS, the City of Del Mar needs to obtain CCC certification of the NC/PC LCPA for compliance with State housing law and the City’s prior housing commitments for the 5th Cycle (years 2013-2021) and 6th Cycle (years 2021-2029) Housing Elements; and
WHEREAS, on September 8, 2020, the City Council adopted Resolution 2020-48 amending the General Plan land use designation applicable to the Professional Commercial (PC) Zone to implement the City’s 5th Cycle Housing Element Program 2F; and
WHEREAS, on September 21, 2020, the City Council adopted Ordinance No. 971 amending the PC Zone in the Del Mar Municipal Code (DMMC) and certified LCP to implement the City’s 5th Cycle Housing Element Program 2F; and WHEREAS, on October 19, 2020, the City Council adopted Ordinance No. 973 amending the North Commercial (NC) Zone in the DMMC and certified LCP to implement the City’s 5th Cycle Housing Element Program 2E; and
WHEREAS, on March 15, 2021, the City Council adopted Resolution 2021-12 amending the General Plan land use designation applicable to the NC Zone to implement the City’s 5th Cycle Housing Element Program 2E; and
WHEREAS, on March 25, 2021, the City Council adopted the 6th Cycle Housing Element including Housing Element Programs 1A (NC Zone) and 1B (PC Zone), which require the City obtain final certification approval from the CCC in order to maintain adequate sites in the NC Zone and PC Zone (as adopted by the City Council during the 5 March 21, 2022 Item 04
Ordinance No. ___

Page 2 of 7 ends

5 th Cycle) to meet a portion of the City’s assigned 6th Cycle Regional Housing Needs Assessment (RHNA) allocation for lower income households; and WHEREAS, in September 2021, an agreement was reached to withdraw a Referendum that was filed on November 18, 2020, against the NC Zone Amendment/LCPA (Ordinance No. 973); and
WHEREAS, on December 13, 2021, the City Council re-adopted the 6th Cycle Housing Element to incorporate modifications required by the California Department of Housing and Community Development (HCD); and
WHEREAS, the adopted 6th Cycle Housing Element identifies June 2022 as the deadline for the City to obtain CCC final certification and complete 6th Cycle Housing Element Programs 1A and 1B in compliance with State housing law; and WHEREAS, on February 10, 2022, the CCC conditionally certified the NC/PC LCPA for Ordinances No. 971 and No. 973 on the condition that the City Council accept the required CCC modifications via ordinance and submit to CCC for final certification; and
WHEREAS, the City Council is required, pursuant to the Coastal Act, to adopt an ordinance accepting the required CCC modifications within 6 months of CCC conditional certification (by August 2022) in order to obtain CCC final certification prior to expiration of the submitted NC/PC LCPA application; and
WHEREAS, the required CCC modifications have been incorporated within this Ordinance; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the proposed action has been the subject of prior environmental analysis and is consistent with the City Council’s prior determinations as it will not have a potential to result in a direct or indirect physical change in the environment; no new or substantially greater impacts would result from implementation of the LCPA; and as such, pursuant to CEQA Guidelines Sections 15162 and 15163, the proposed action does not require further environmental review.

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

SECTION ONE:

That DMMC Section 30.24.030, applicable to the NC Zone, is amended to read as follows:

No changes to sub-sections A-B
6 March 21, 2022 Item 04
Ordinance No. ___

Page 3 of 7 ends

C. Multiple dwelling unit residential up to a density of 20 dwelling units per acre subject to the following:

1. Proposed projects shall be consistent with the certified Local Coastal Program.

2. The density allowance of 20 dwelling units per acre may not be located on parcels adjacent to the San Dieguito River and Lagoon as depicted in the certified LCP Land Use Exhibit titled “Locations in NC Zone Where Multiple Dwelling Unit Development is Prohibited”.

3. During development permit review, the City shall consider the best available science on sea level rise projections (such as the California State Sea Level Rise Guidance (OPC 2018) and the table for La Jolla in Appendix G of the Coastal Commission’s 2018 Sea Level Rise Policy Guidance), the status of associated adaptation measures (planned and/or implemented), and analysis of how those adaptation measures minimize projected flood risk.

This should include consideration of how projected sea level rise and flooding could affect future provision of services to the site; whether the boundary between public land (tidelands) and private land is projected to shift onto the subject project with rising seas; whether the creation of new lots via subdivision should be limited; and whether additional adaptation strategies should be required as a condition of permit approval to address sea level rise and flooding consistent with the Coastal Act and certified LCP.

Page 4 of 7 ends

rights under Coastal Act Section 30235 and related LCP
policies to hard shoreline armoring to protect the
development.
c. Where necessary to ensure coastal resource protection and compliance with the Coastal Act based on the site-specific context, the notice required per Section 30.24.030(C)(4)(b) shall also reflect the following:
i. That sea level rise and flooding could render it difficult or impossible to provide services to the site.
ii. That the boundary between public land (tidelands) and private land may shift with rising seas and the development approval does not permit encroachment onto public trust land.
iii. That additional adaptation strategies may be required in the future to address sea level rise and flooding consistent with the Coastal Act and certified LCP.
d. The permittee shall acknowledge as a condition of permit approval that while the approved development meets all safety requirements applicable at the time of approval, the development may be required to be removed or relocated in accordance with the certified LCP if the Building Official determines the development becomes unsafe for occupancy due to future flood hazard conditions.

SECTION TWO:

That DMMC Section 30.24.070(A), applicable to the NC Zone, is amended to read as follows:

A. Density: Up to a maximum of 20 dwelling units per acre

1. All residential development or conversions shall provide affordable housing.

2. [No change]
SECTION THREE:

That DMMC Section 30.25.070(A), applicable to the PC Zone, is amended to read as follows:

A. Density: Up to a maximum of 20 dwelling units per acre

1. All residential development or conversions shall provide affordable housing.

2. [No change]
8 March 21, 2022 Item 04
Ordinance No. ___

Page 5 of 7 ends

SECTION FOUR:

That “Exhibit A” to this Ordinance titled “Locations in NC Zone Where Multiple Dwelling Unit Development is Prohibited” is hereby adopted and shall be incorporated into the certified LCP Land Use Plan.

SECTION FIVE:

That “Exhibit B” to this Ordinance, amending the existing list of Land Use Designations/Allowed Uses within the certified LCP Land Use Plan, is hereby adopted and shall replace the existing Exhibit in the certified LCP Land Use Plan.

SECTION SIX:

That “Exhibit C” to this Ordinance, amending the existing list of Zone Designations/Allowed Uses within the certified LCP Implementation Plan, is hereby adopted and shall replace the existing Map Exhibit in the certified LCP Implementation Plan.

SECTION SEVEN:

Pursuant to the California Environmental Quality Act (CEQA), the proposed action has been the subject of prior environmental analysis and is consistent with the City Council’s prior determinations as it will not have a potential to result in a direct or indirect physical change in the environment. This includes action by the City Council on September 8, 2020, adopting Resolution 2020-47 that will apply to future housing development as covered by PC Zone General Plan Amendment Resolution 2020-48 (adopted September 8, 2020), PC Zoning Ordinance 971 (adopted September 21, 2020), NC Zone General Plan Amendment Resolution 2021-12 (adopted March 15, 2021), and NC Zoning Ordinance 973 (adopted October 19, 2020). The Council action on September 8, 2020 specifically included: 1) certifying a Final Program Environmental Impact Report (PEIR) for the Professional Commercial Zoning and North Commercial Zoning Code Amendments (SCH #2019029058) that analyzes and discloses the known potential impacts associated with the land use plan and code amendments; and 2) adopting a Mitigation, Monitoring, and Reporting Program (MMRP) that identifies a mitigation framework for future housing development in the NC Zone and PC Zone.

It also includes action by the City Council on October 5, 2020, adopting Resolution 2020- 52 for the 6th Cycle Housing Element Update certifying a Final PEIR (SCH No. 2020029064) and adopting a MMRP, which will apply to future housing development covered by Resolution 2020-48 (adopted September 8, 2020), Ordinance 971 (adopted September 21, 2020), Resolution 2021-12 (adopted March 15, 2021), and Ordinance 973 (adopted October 19, 2020). No new or substantially greater impacts would result from implementation of the LCPAs required per the 5th Cycle Housing Element Programs 2E (NC Zone) and 2F (PC Zone) or the 6th Cycle Housing Element Programs 1A (NC Zone) and 1B (PC Zone). As such, pursuant to CEQA Guidelines Sections 15162 and 15163, and based on the review of the entire record, including without limitation the Final PEIRs, the proposed action does not require further environmental review. 9 March 21, 2022 Item 04
Ordinance No. ___

Page 6 of 7 ends

SECTION EIGHT:

This Ordinance was introduced by the City Council on March 7, 2022.

SECTION NINE:

The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.

SECTION TEN:

Upon adoption, the Ordinance will be submitted to the California Coastal Commission for final certification as a Local Coastal Program Amendment. The Ordinance will take effect and be in force on the date that the Coastal Commission takes final action to unconditionally certify the Local Coastal Program Amendment.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 21st day of March, 2022.
______________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
10 March 21, 2022 Item 04
Ordinance No. ___

Page 7 of 7 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 Ordinance No. ____, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 21st day of March, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
11 March 21, 2022 Item 04
Ordinance “Exhibit A”
Locations in NC Zone Where Multiple Dwelling Unit Development is Prohibited To assure priority for coastal-dependent and coastal-related development that avoids impacts to sensitive wetland habitat and the San Dieguito River and Lagoon, multiple dwelling unit residential use shall be prohibited on the North County Transit District (NCTD)-owned wye property (APN 299-071-02-00) located on the west side of Jimmy Durante Boulevard (labeled parcel 1) and parcels labeled 12-16 located north of San Dieguito Drive on the east side of Jimmy Durante Boulevard (299-100-32-00, 299-100-33-00, 299-100-34-00, 299-100-35-00, 299- 100-36-00). Multi-unit development is an allowed use on the interior parcels labeled 2-11. 12 March 21, 2022 Item 04
Ordinance “Exhibit B”

LAND USE DESIGNATIONS/ALLOWED USES
R1-40 Single Family Residences at a density of 1 dwelling unit/net ac.

R1-14 Single Family Residences at a density up to 3.1 d.u./net ac.

R1-10 Single Family Residences at a density up to 4.3 d.u./net ac.

R1-10B Single Family Residences at a density up to 4.3 d.u./net ac.

R1-5 Single Family Residences at a density up to 8.7 d.u./net ac.

R1-5B Single Family Residences at a density up to 8.7 d.u./net ac.

RM-East Single Family, Duplex and Clustered* Residences at a density up to 8.8-17.5* d.u./net ac. Day Nurseries*, Care Centers*
RM-West Single Family, Duplex* and Clustered* Residences at a density up to 8.8-17.6* d.u./net ac. Day Nurseries*, Care Centers*
RM-Central Single Family, Duplex* and Clustered* Residences at a density up to 6.3-12.5* d.u./net ac. Churches*, Day Nurseries*, Care Centers*
RM-South Single Family, Duplex and Multiple Family Dwellings at a density of 10.9-12.5* d.u./net ac. Boarding houses, Resthomes, Fraternity houses.

R-2 Single Family, Duplex and Clustered* Residences at a density up to 8.8-12.5 d.u./net ac. Day Nurseries*, Care Centers*
RC Allowed uses in R-2 Zone (at least 60% of floor area on site). Allowed uses in CC Zone (no more than 40% of floor area on site).

CVPP Uses as allowed per Carmel Valley Precise Plan with floor area ratios and design constraints contained therein
13 March 21, 2022 Item 04
Ordinance “Exhibit B”

LAND USE DESIGNATIONS/ALLOWED USES
CC Retailing of goods and dispensing of services, (exclusive of drive-through). Shops, Delis, Restaurants, Cafes, florists, Hardware, Offices, Financial institutions, Pharmacies, Gasoline service stations*, Bars*, Cocktail lounges*, Theatres*, Vet clinics*, Hotels/Motels*.

BC Retailing, renting or dispensing of services, (exclusive of drive-through). Beach equipment rental, Outdoor recreational facilities, Cafes, Restaurants. Any principal use in CC Zone*.

NC Repair shops, Blueprinting, Manufacturing, Restaurants, Art and Technical studios, Offices, Warehouses, Multiple dwelling units at a density of up to 20 du/acre, Emergency Shelters, Gasoline service stations*, Bars*, Cocktail lounges*, Theatres*, Hotel/Motel*, Vet clinics*, Kennels*, Refuse recycling centers*.

PC Offices; professional, medical, dental; banks and financial institutions (exclusive of drive through); Parking lots, Parking garages; Multiple dwelling units up to 20 du/acre.

VC Hotels, Motels, Boarding houses and Lodging houses.

FR Regulated by 22nd Agricultural District.

RR Railroad facilities, related structures*.

FW (No permanent structures) Aviaries, open crops, Aquaculture, Open recreational uses.

PP Public parks, beaches, Playgrounds, Ecological preserves.

ZONE DESIGNATIONS/ALLOWED USES
R1-40 Single Family Residences at a density of 1 dwelling unit/net ac.

R1-14 Single Family Residences at a density up to 3.1 d.u./net ac.

R1-10 Single Family Residences at a density up to 4.3 d.u./net ac.

R1-10B Single Family Residences at a density up to 4.3 d.u./net ac.

R1-5 Single Family Residences at a density up to 8.7 d.u./net ac.

R1-5B Single Family Residences at a density up to 8.7 d.u./net ac.

CVPP Uses as allowed per Carmel Valley Precise Plan with floor area ratios and design constraints contained therein
15 March 21, 2022 Item 04
Ordinance “Exhibit C”

ZONE DESIGNATIONS/ALLOWED USES
CC Retailing of goods and dispensing of services, (exclusive of drive-through). Shops, Delis, Restaurants, Cafes, florists, Hardware, Offices, Financial institutions, Pharmacies, Gasoline service stations*, Bars*, Cocktail lounges*, Theatres*, Vet clinics*, Hotels/Motels*.

BC Retailing, renting or dispensing of services, (exclusive of drive-through). Beach equipment rental, Outdoor recreational facilities, Cafes, Restaurants. Any principal use in CC Zone*.

PC Offices; professional, medical, dental; banks and financial institutions (exclusive of drive through); Parking lots, Parking garages; Multiple dwelling units up to 20 du/acre.

VC Hotels, Motels, Boarding houses and Lodging houses.

FR Regulated by 22nd Agricultural District.

RR Railroad facilities, related structures*.

FW (No permanent structures) Aviaries, open crops, Aquaculture, Open recreational uses.

PP Public parks, beaches, Playgrounds, Ecological preserves.

PF Public schools; City, County, State and Federal buildings; Utility structures. *provided a Conditional Use Permit has first been obtained and is in full force and effect. 941SP Uses as allowed per the 941 Specific Plan
HSP Uses as allowed per the Hotel Specific Plan
PSP Uses as allowed per the Plaza Specific Plan
16 March 21, 2022 Item 04
1 Melinda Gould
Subject: FW: March 7, 2022 Meeting - Agenda Item 5
From: Suheil Rodriguez <[email protected]>
Date: March 7, 2022 at 4:25:45 PM PST
To: Dwight Worden <[email protected]>, Sarah Krietor <[email protected]> Cc: Ashley Jones <[email protected]>, Matthew Tucker <[email protected]> Subject: March 7, 2022 Meeting - Agenda Item 5
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

On behalf of Executive Director, Matthew O. Tucker, please see email below:

Dear Mayor Worden and City Council Members,
NCTD is aware of the “Red Dot” notice to amend Agenda Item 5 for tonight’s City Council Meeting:

Introduction of an Ordinance to Accept Modifications to the North Commercial/Professional Commercial (NC/PC) Local Coastal Program Amendment Pursuant to Coastal Commission Action on February 10, 2022 (the “Red Dot”).

In the Red Dot, it is specifically noted for the first time that the NCTD Del Mar Wye parcel (APN 299-071- 02) as depicted in Exhibit A is selected as part of those parcels where multiple dwelling unit development is prohibited. However, per the Coastal Commission determination on “CITY OF DEL MAR MAJOR AMENDMENT NO. LCP-6-DMR-20-0079-3” dated January 28, 2022, item TH13d; the Commission did not identify this parcel to be omitted. Rather the Commission held:
“A suggested modification is also needed in order to limit development potential on parcels in the NC Zone that would pose the greatest risk of damage to life and property, as well as impact nearby sensitive environmental resources. To that effect, the density allowance of 20 dwelling units per acre will not be applicable to those parcels located adjacent to the San Dieguito River and Lagoon. Disallowing residential uses on these environmentally constrained parcels was suggested by the City after the LCP Amendment was submitted to the Commission.” [emphasis added]
The enumerated NCTD parcel, is not located adjacent to the river or lagoon and is in fact separated by the City public works property and maintains no water frontage on any of the three sides of the parcel. The application of the Coastal Commission’s direction to the NCTD parcel is in error and without basis in the mandate of the Commissions requirements cited above. NCTD therefore objects to the removal of the NCTD parcel from the updated NC zoning and specifically the multiple dwelling unit development opportunity contained therein.

NCTD looks forward to working with City staff on correcting this error.

Suheil Rodriguez
Executive Coordinator
North County Transit District | 810 Mission Avenue | Oceanside, CA 92054 [email protected] | 760.966.6696 | c: 760.547.3207 | fax: 760.967.2001 | GoNCTD.com 1 March 7, 2022 Items 5
Attachment B
17 March 21, 2022 Item 04
2 218 March 21, 2022 March 7, 2022 Item 04 Items 5
Attachment C
LCP-6-DMR-20-0079-3 (NC/PC Local Coastal Program Amendment) – Final Modifications Approved at the February 10, 2022 Coastal Commission Hearing 1 I. CCC MODIFICATIONS
A. Land Use Plan Modifications
The underlined sections represent language that the Commission suggests be added, and the struck-out sections represent language which the Commission suggests be deleted from the language as originally submitted.

1. Modify the Land Use Designations/Allowed Uses list of the LUP as follows:

NC Repair shops, Blueprinting, Manufacturing, Restaurants, Art and Technical studios, Offices, Warehouses, Multiple dwelling unit residential at a density of up to 20 d.u./acre, Emergency Shelters, Gasoline service stations*, Bars*, Cocktail lounges*, Theatres*, Hotel/Motel*, Vet clinics*, Kennel*, Refuse recycling centers*.

PC Offices; professional, medical, dental; banks and financial institutions (exclusive of drive through); Parking lots; Parking garages, Multiple dwelling unit residential at a density of up to 20 d.u./acre.

B. Implementation Program Modifications
The underlined sections represent language that the Commission suggests be added, and the struck-out sections represent language which the Commission suggests be deleted from the language as originally submitted.

2. Revise Section 30.24.030(C) as follows:

Multiple dwelling unit residential up to a density of 20 dwelling units per acre subject to the following:

1. Proposed projects shall be consistent with the certified Local Coastal Program;

2. The density allowance of 20 dwelling units per acre may not be located on parcels adjacent to the San Dieguito River and Lagoon as depicted in [incorporate LCP Exhibit reflecting detail from Exhibit 7of CCC Staff Report].
19 March 21, 2022 Item 04
Attachment D
LCP-6-DMR-20-0079-3 (NC/PC Local Coastal Program Amendment) – Final Modifications Approved at the February 10, 2022 Coastal Commission Hearing 2 3. During development permit review, the City shall consider the best available science on sea level rise projections (such as the California State Sea Level Rise Guidance (OPC 2018) and the table for La Jolla in Appendix G of the Coastal Commission’s 2018 Sea Level Rise Policy Guidance), the status of associated adaptation measures (planned and/or implemented), and analysis of how those adaptation measures minimize projected flood risk. This should include consideration of how projected sea level rise and flooding could affect future provision of services to the site; whether the boundary between public land (tidelands) and private land is projected to shift onto the subject project with rising seas; whether the creation of new lots via subdivision should be limited; and whether additional adaptation strategies should be required as a condition of permit approval to address sea level rise and flooding consistent with the Coastal Act and certified LCP.

4. If a proposed multiple dwelling unit project is located on a parcel that falls entirely or partially within the special flood hazard areas identified on the 2019 FEMA Flood Insurance Rate Map (FIRM), the following shall apply as a condition of Coastal Development Permit approval:
a. Development shall be sited and designed, including elevation and floodproofing, to minimize flood damage and avoid flood hazards including those from the impacts of projected sea level rise and flooding over the anticipated lifetime of the proposed structure using the best available science on sea level projections and in consideration of applicable adaptation measures;
b. The landowner shall record a notice on the property and notice all occupants that:
i. The development is located in the Floodplain Overlay Zone (2019 FEMA FIRM), which applies to flood prone properties that are subject to periodic inundation due to flooding, including projected sea level rise;
ii. The property owner and all successors in interest waive any rights under Coastal Act Section 30235 and related LCP policies to hard shoreline armoring to protect the development.
c. Where necessary to ensure coastal resource protection and compliance with the Coastal Act based on the site-specific context, the notice required per Section 30.24.030(C)(4)(b) shall also reflect the following:
i. That sea level rise and flooding could render it difficult or impossible to provide services to the site
20 March 21, 2022 Item 04
Attachment D
LCP-6-DMR-20-0079-3 (NC/PC Local Coastal Program Amendment) – Final Modifications Approved at the February 10, 2022 Coastal Commission Hearing 3 ii. That the boundary between public land (tidelands) and private land may shift with rising seas and the development approval does not permit encroachment onto public trust land.
iii. That additional adaptation strategies may be required in the future to address sea level rise and flooding consistent with the Coastal Act and certified LCP.
d. The permittee shall acknowledge as a condition of permit approval that while the approved development meets all safety requirements applicable at the time of approval, the development may be required to be removed or relocated in accordance with the certified LCP if the Building Official determines the development becomes unsafe for occupancy due to future flood hazard conditions.

3. Revise Section 30.24.070(A)(1) as follows:

A. Density: Up to a maximum of 20 dwelling units per acre

1. All residential development or conversions shall provide affordable housing. pursuant to Chapter 24.21

4. Revise Section 30.25.070(A)(1) as follows:

A. Density: Up to a maximum of 20 dwelling units per acre

1. All residential development or conversions shall provide affordable housing. pursuant to Chapter 24.21

5. Modify the Zone Designations/Allowed Uses list of the IP as follows:

PC Offices; professional, medical, dental; banks and financial institutions (exclusive of drive through); Parking lots, Parking garages, Multiple dwelling unit residential at a density of up to 20 d.u./acre.
21 March 21, 2022 Item 04
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning & Community Development Director Kristen M. Crane, Assistant City Manager
Via Ashley Jones, City Manager
DATE: March 21, 2022
SUBJECT: Adoption of a Resolution to Accept Housing Acceleration Grant Funds REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council adopt the Resolution (Attachment A) to accept the Housing Acceleration Grant Funds in the amount of $225,000 and authorize the City Manager to execute the contract.

DISCUSSION/ANALYSIS:

The Housing Acceleration Grant Program (HAP Grant) is a State grant program that is administered by SANDAG. It provides funds to local jurisdictions within the San Diego region for work completed towards creation of incentives for the production of housing within designated Smart Growth Opportunity Areas (SGOA) during the 6th Cycle Housing Element planning period (2021-2029). “Smart growth” is an approach to development that encourages a mix of building types and uses, diverse housing options, and transportation alternatives; focuses reinvestment in downtowns, main streets, and existing neighborhoods; and involves robust community engagement. SGOAs are locations surrounded by urban uses and generally within walking distance of transit, jobs, housing, services, and schools. The State Fairgrounds and Del Mar’s downtown village are examples of SGOAs with infill site opportunities for affordable housing production consistent with the goals of the HAP Grant program.

The City’s 6th Cycle Housing Element takes a smart growth approach to future housing development by prioritizing opportunities at the State Fairgrounds, within existing commercial zones/downtown village, and in existing neighborhoods through incorporation of accessory dwelling units (ADUs) on the same site as a primary dwelling unit. The City Council adopted the 6th Cycle Housing Element on March 25, 2021 (Resolution 2021-14) and re-adopted the Housing Element on December 13, 2021 (Resolution 2021-56), which maintained the previously adopted smart growth approach to future housing and incorporated modifications requested by the California Department of Housing and 1 March 21, 2022 Item 05
City Council Agenda Report
Resolution Accepting HAP Grant Funds
March 21, 2022

Page 2 of 8 ends

Community Development (HCD). The adopted 6th Cycle Housing Element includes a total of forty one (41) housing programs that require local action. During the 6th Cycle (2021-2029), the City must facilitate production of 113 housing units for lower income households in order to meet its Regional Housing Needs Allocation (RHNA) for lower income households and its carryover obligations from the 5th Cycle (2013-2021).

The City of Del Mar submitted a grant application to SANDAG in January 2022 requesting $225,000 in Cycle 1 HAP Grant funds to cover various housing-related tasks, consulting services, and feasibility studies that are required for implementation of the 6 th Cycle
Housing Element. The Cycle 1 HAP Grant funds are available to support work initiated and completed during the timeframe of April 2022 through June 2023. The California 22nd District Agricultural Association (22nd DAA) submitted a letter in support of the City’s grant application (Attachment B).

On March 8, 2022, the City received a letter from SANDAG indicating their “Notice of Intent to Award” for the HAP Grant Cycle 1 Call for Projects (Attachment C). On March 11, 2022, the SANDAG Board of Directors approved allocating $225,000 in HAP Grant funds to the City for expenditure by June 30, 2023. In order to accept the funds, the City Council must adopt the Resolution in Attachment A.

While the deadline for expenditure of the Cycle 1 HAP grant funds (by June 2023) is a relatively short timeframe, this funding opportunity is significant and timely because HCD is requiring many of the City’s required housing programs to be completed by December 2023 in order to facilitate production of affordable housing early during the housing cycle.

Further, the City’s highest priority is to secure an agreement for future affordable housing at the State Fairgrounds by December 2024 (deadline per State law to avoid penalties), which is why it is important to boost efforts now towards securing that agreement.

The project outlined within the grant agreement focuses on two overall objectives and six specific tasks as outlined below with estimates on timing, deliverables, and budget:
 Objective One: Facilitate production of housing for lower income households near jobs, services, and transit on sites including the State Fairgrounds (and potentially two City-owned sites) through completion of tasks supporting timely implementation of Housing Element Program 3A (State Fairgrounds); and  Objective Two: Create incentives to facilitate affordable housing on private property and via deed-restricted ADUs through completion of tasks supporting timely implementation of Housing Element Programs 1D and 1I (new incentives for affordable housing in commercial and multi-unit zones) and Program 2A (new incentives for deed-restricted for lower income households within existing neighborhoods).
2 March 21, 2022 Item 05
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March 21, 2022

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Grant Agreement – Work Plan Tasks:

Task 1: Review of Phase I Feasibility Studies/Representation of Housing Vision for State Fairgrounds Property – (April 2022-November 2022) Description: Use findings from the Phase I feasibility studies (initiated November 2021 and currently underway), which are intended to clarify: 1) how much space would be needed to achieve at least 54 lower income units at the State Fairgrounds property (Program 3A), 2) how much it would cost to build the units, and 3) to answer similar questions for two small vacant City-owned sites that were identified as adequate sites in the 6th Cycle Housing Element.

Work to-date has included approximately three coordination meetings between City staff and the consulting team to facilitate preparation of a Zoning Assessment considering various development parameters (i.e., square footage, height, bedrooms/unit, common areas, interior circulation space, and parking), including rough design concepts that address how potential affordable housing scenarios would fit on either a 1 acre or 1.5 acre site at the Fairgrounds.

In addition to analysis of the Fairgrounds, the potential for affordable housing on two small vacant City-owned sites (10th Street and 28th Street sites identified as adequate sites in the Housing Element) has been explored as part of the analysis to facilitate Council consideration of the potential for all three locations (Fairgrounds, 10th Street, and 28th Street) to be part of a combined project and more comprehensive plan that could be eligible for “scattered sites” tax credits.

Using these rough design concepts for the three respective site locations, the economic consultant will prepare the financial analysis portion of the Phase I studies, which will include a Pro Forma financial analysis for the various development scenarios, the estimated cost for construction, and identification of applicable financing options, including potential tax credits to help make this type of project viable for a developer.

These Phase I studies are on-track for completion in late May/early June for presentation to the City Council.

It should be noted that any work conducted prior to SANDAG’s official issuance of the “Notice to Proceed” is ineligible for reimbursement using HAP grant funds. While the task order work currently underway will not be reimbursed by the HAP, it will count as staff time/in-kind services toward the City's grant match. In addition, HAP grant funds will be able to be used for the related work that builds upon these Phase I studies, including any additional scenarios added to the scope of the study and analysis since the task orders were issued, including preparation of materials to represent the vision for production of affordable housing on public land to the State 22nd DAA and public. 3 March 21, 2022 Item 05
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March 21, 2022

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Budget Estimate: $121,500: City expenditure of $86,500 (General Fund) that cover two separate task orders in process with Dalton Architects and Keyser Marston Associates for consulting services (currently budgeted and non-reimbursable); and $35,000 grant funds to cover additional work (beyond scope of existing task orders) such as analysis of additional scenarios and preparation of materials to represent the vision to the State 22nd DAA and public.

Deliverables: Report to City Council describing findings of the Phase I feasibility studies (anticipated June 2022); Visual representations of the affordable housing design concepts; and City Council agenda reports and meeting minutes.

Task 2: RFP/RFQ for Affordable Housing Consulting Services – (April-July 2022) Description: Develop and issue a Request for Proposals/Request for Qualifications (RFP/RFQ) to hire a consultant with expertise in facilitating development of affordable housing to assist the City with all aspects of pursuing affordable housing implementation on the Fairgrounds and City-owned sites.

Budget Estimate: $10,000 in-kind City staff time
Deliverables: Draft RFP; final RFP; consultant contract Task 3: Affordable Housing Consulting Services - (July 2022–June 2023) Description: Obtain affordable housing expertise, project management, and consulting services to assist the City with Housing Element implementation and the development of affordable housing units. Some examples of potential work assignments include helping the City participate in and provide information for the 22nd DAA’s strategic planning process for the State Fairgrounds, promoting the City’s vision for incorporation of workforce housing at the Fairgrounds; helping layout a path forward toward implementation; conduct public outreach to assist execution of an agreement with the State 22nd DAA to build affordable housing on the State Fairgrounds property per Housing Element Program 3A; assisting with the development and issuance of Requests for Interest and Proposals from the development community; exploring potential partnerships with the non-profit affordable housing community; applying for additional grant funding for future phases; and other work as applicable to the objective to timely secure an agreement with the 22nd DAA for housing.

Budget Estimate: $125,000 grant funds for consulting services as described above.

Deliverables: Report to City Council with recommendations to implement affordable housing at the State Fairgrounds and dovetail with Fairgrounds’ strategic planning process; preparation of materials to promote the City’s vision to the State, and other steps working toward ultimately securing an agreement with the State 22nd DAA. 4 March 21, 2022 Item 05
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March 21, 2022

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Task 4: Authorization of Task Order Agreements for Phase II Feasibility Studies - (April–May 2022)
Description: Preparation and processing by City staff of task order agreements for architectural and economic consulting services to prepare Phase II studies, including a zoning assessment and economic studies to identify incentives to facilitate affordable housing production per Housing Element Programs 1D, 1I, and 2A. This task includes completion of each of the processing steps and deliverables identified as necessary to obtain City Council authorization and move forward with two separate task order agreements with consultants on the City’s current list for on-call architectural consulting services and on-call economic consulting services.

Budget Estimate: $10,000 in-kind City staff time (See Tasks 5 and 6 for additional costs associated with completion of the Phase II Studies per grant agreement.) Deliverables: Report to City Council (anticipated April 18, 2022); Task Order for Phase II Zoning Assessment; and Task Order for Phase II Economic Study/Pro Forma Financial Analysis
Task 5: Phase II Feasibility Studies - (May-November 2022) Description: Obtain architectural consulting services and economic consulting services and prepare Phase II feasibility studies to implement Housing Element Programs 1D (Economic studies related to Affordable Housing Overlay Zone), 1I (Economic studies to inform consideration of process streamlining and incentive programs to facilitate production of lower income units), and 2A (Economic studies to facilitate production of ADUs deed-restricted for low-income households).

The studies prepared will identify potential incentive programs for consideration during Task 6 per the grant agreement. Examples of incentives to facilitate affordable housing that will be explored include, but are not limited to, exemptions from Conditional Use Permits, streamlining of lot consolidation applications, reduced parking requirements, and accommodation for increased height and floor area ratio to allow for mixed use and multiple dwelling unit development as identified within the adopted Housing Element.

The City’s commitment to conduct Phase II studies to identify new incentives for consideration is a critical component of the HAP grant agreement. As part of the grant application, the City was required to identify how the work plan would implement the State’s “pro-housing” regulations through measures such as creation of a more favorable regulatory framework to increase affordable housing, accelerated permit processing timeframes, reduced development costs, and prioritization of local general funds for affordable housing. HCD and SANDAG considered this as part of the decision to allocate grant funding to the City.
5 March 21, 2022 Item 05
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March 21, 2022

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Budget Estimate: $65,000 grant funds to cover two separate task orders for architectural consulting services and economic consulting services (additional in-kind City staff time is anticipated for completion of this task, but was not identified within the grant agreement) Deliverables: Zoning Assessment and Economic Study
Task 6: Final Review of Phase II Feasibility Studies/Process Ordinance(s) – (November 2022 – June 2023)
Description: This task accounts for the City staff time needed for preparation and processing of a report to the City Council describing the findings of the Phase II feasibility studies and recommended incentive programs for consideration. It also includes staff time anticipated to be completed prior to the grant agreement deadline in June 2023 for preparation and processing of ordinance(s) to create two separate incentive programs per Housing Element Programs 1I and 2A.

The intent of the new incentives is to facilitate and incentivize production of approximately 15 deed-restricted lower income ADUs (estimated RHNA per Program 2A) and additional deed-restricted lower income units within multiple dwelling unit development on privatelyowned properties as necessary to meet the 113 total housing units required for lower income households during the 6th Cycle. If the City is able to secure agreements for or produce at least 30 deed-restricted lower income units by December 2025 (i.e. successful execution of the agreement for affordable housing at State Fairgrounds), then the City will not be required to process an Ordinance to create a new Affordable Housing Overlay Zone (Program 1D).

Budget Estimate: $80,000 in-kind staff time for preparation and processing of City Council agenda reports and draft ordinances (through June 2023 grant timeframe).

Deliverables: Report to City Council describing findings of the Phase II feasibility studies; Draft Ordinance(s); City Council agenda reports and meeting minutes.

In total, the HAP Grant represents $225,000 in grant funds and $186,500 in matching funds (achieved by way of City staff time and in-kind services completed by the City), for a total estimated project value of $411,500. All work submitted for reimbursement using grant funds must be completed by June 2023 per the HAP Grant agreement. It is acknowledged that 6
th Cycle Housing Element implementation work will continue into future budget years. City staff will continue to seek opportunities for additional grant funding (i.e., Regional Early Action Planning (REAP) Grant and future HAP Grant cycles) to apply towards future Housing Element implementation work.

The REAP Grant program is an additional and separate grant program from the HAP Grant. REAP Grant funding was established by HCD in response to Assembly Bill 101 (2019), which provided for the state to distribute one-time funding to regional entities to 6 March 21, 2022 Item 05
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March 21, 2022

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prioritize planning activities that accelerate housing production. HCD allocated $6.8 million in grant funding to SANDAG to establish a Regional Housing Acceleration Program (in addition to HAP) that provides technical resources and assistance in support of cities and the County updating and implementing their housing elements and local assistance to facilitate projects that have a broader regional impact on housing.

City staff has participated in SANDAG’s REAP data collection, technical assistance, outreach, and collaboration efforts to-date. The REAP grant program may be an opportunity for assistance with future planning activities and stakeholder collaboration related to affordable housing at the State Fairgrounds involving stakeholders such as the 22nd DAA, HCD, SANDAG, City of Solana Beach, City of San Diego, and County of San Diego.

HOUSING IMPACT:

The City’s 6th Cycle Housing Element is in process of certification review with HCD.

Execution of a contract accepting the HAP Grant funds will demonstrate the City’s commitment to further fair housing and facilitate completion of required tasks for 6 th Cycle
Housing Element Programs 3A (Agreement for Housing on State Fairgrounds), 1D (Economic studies related to Affordable Housing Overlay Zone), 1I (Economic studies to inform consideration of streamlining and incentives to facilitate production of lower income units), and 2A (Economic studies to facilitate production of ADUs deed-restricted for low income households) early in the housing cycle during FY21-22 and FY22-23.

FISCAL IMPACT:

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

Acceptance of the grant in the amount of $225,000 will help offset costs for implementation of various required 6
th Cycle Housing Element programs. As part of the
agreement, the City would be committing to a match of $186,500 in staff time/in-kind services, which includes $86,500 previously allocated in the FY21-22 budget from the General Fund for Phase I feasibility studies and consulting services (underway) and an additional $100,000 that would be satisfied by City staff time/in-kind services. The $100,000 staff time estimate was prepared in anticipation of work to be completed on the various grant agreement tasks by the City Manager, Assistant City Manager, Planning Director, Sustainability/Special Projects Manager, one Principal Planner, and one Associate Planner (using current fully loaded hourly rates).

ENVIRONMENTAL IMPACT:

Pursuant to the California Environmental Quality Act (CEQA), the proposed City Council action is exempt from CEQA pursuant to the common-sense exemption (CEQA Guidelines Section 15061(b)(3)) because it can be seen with certainty that there is no possibility that acceptance of the HAP grant funds may have a significant effect on the environment. Further, the 6th Cycle Housing Element has been the subject of prior environmental analysis and implementation of 6
th Cycle Housing Element programs in
accordance with the HAP grant agreement is consistent with the City Council’s prior 7 March 21, 2022 Item 05
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March 21, 2022

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determination per the City Council action on October 5, 2020, adopting Resolution 2020- 52 for the 6th Cycle Housing Element certifying a Final PEIR (SCH No. 2020029064) and adopting a Mitigation, Monitoring, and Reporting Program (MMRP), identifying that future discretionary actions to implement the 6th Cycle Housing Element will be subject to future CEQA review.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Certification and implementation of the 6th Cycle Housing Element for compliance with State Housing law is a City Council priority.

ATTACHMENT:

Attachment A – Resolution Authorizing the Acceptance of HAP Grant Funds Attachment B – 22nd DAA Support Letter
Attachment C – Notice of Intent to Award for the HAP Cycle 1 Call for Projects 8 March 21, 2022 Item 05
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF

HOUSING ACCELERATION GRANT FUNDS FROM THE SAN

DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR
IMPLEMENTATION OF VARIOUS 6TH CYCLE HOUSING

ELEMENT PROGRAMS RELATING TO SMART GROWTH
DURING THE TIMEFRAME OF APRIL 2022 THROUGH JUNE
2023
WHEREAS, the City Council adopted the 6th Cycle Housing Element on March 25, 2021 via Resolution 2021-14, and re-adopted the Housing Element on December 13, 2021 via Resolution 2021-56, to incorporate modifications requested by the California Department of Housing and Community Development; and
WHEREAS, the adopted 6th Cycle Housing Element includes 41 housing programs that require local implementation action during the planning period of 2021-2029; and WHEREAS, the City’s priority housing program (Program 3A) is to obtain an agreement with the State of California by December 2024 agreeing to the development of at least 54 lower income units on the State Fairgrounds property; and WHEREAS, the City also must facilitate production of an additional 59 lower income units (for a total of 113 lower income units) during the 6th Cycle, which will require local actions to accommodate and incentivize such production including, but not limited to Housing Programs 1D, 1I, and 2A; and
WHEREAS, the Housing Acceleration Grant Program (HAP) makes funds available to local jurisdictions within the San Diego region for work completed during the timeframe of April 2022 through June 2023; and
WHEREAS, in January 2022 the City of Del Mar submitted an application request for $225,000 in HAP Grant funds to cover various tasks to facilitate implementation of 6th Cycle Housing Programs 3A, 1D, 1I, and 2A; and
WHEREAS, on March 11, 2022, the SANDAG Board of Directors approved the allocation of $225,000 in HAP grant funds to the City of Del Mar; and WHEREAS, City Council action is required to accept the HAP grant funds; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the proposed City Council action is exempt from CEQA pursuant to the common-sense exemption (CEQA Guidelines Section 15061(b)(3)) because it can be seen with certainty that there is no possibility that acceptance of the HAP grant funds may have a significant effect on the environment; and
9 March 21, 2022 Item 05
Resolution No. 2022-XX

Page 2 of 2 ends

WHEREAS, the 6
th Cycle Housing Element has been the subject of prior
environmental analysis and implementation of 6th Cycle Housing Element programs in accordance with the HAP grant agreement is consistent with the City Council’s prior determination per the City Council action on October 5, 2020, adopting Resolution 2020- 52 for the 6th Cycle Housing Element certifying a Final PEIR (SCH No. 2020029064) and adopting a MMRP, identifying that future discretionary actions to implement the 6 th Cycle
Housing Element will be subject to future CEQA review.

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; and

2. Confirm that in accordance with the adopted 6th Cycle Housing Element, the City’s objective is to facilitate production of 113 lower income units during the 6th Cycle (2021-2029) by taking action within FY21-22 and FY 22-23 to accommodate and incentivize such production within smart growth areas including the State Fairgrounds property, various commercial zones, and residential zones that accommodate multiple-dwelling unit residential and/or income-restricted accessory dwelling units (ADUs); and

3. Accept HAP Grant funds in the amount of $225,000 for expenditure April 2022 through June 30, 2023; and

4. Confirm that the City is committing to a match in the amount of $186,500 that would be achieved through staff time and in-kind services provided by the City; and

5. Authorize the City Manager to execute the contract.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 21st day of March, 2022. _____________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
10 March 21, 2022 Item 05
Resolution No. 2022-XX

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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 21st day of March, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
11 March 21, 2022 Item 05
Attachment B
12 March 21, 2022 Item 05
March 8, 2022 Solicitation Number SOL953399
Dear Housing Acceleration Program Applicants:

Subject: Notice of Intent to Award for the Housing Acceleration Program (HAP) Cycle 1 Call for Projects
On March 4, 2022, the SANDAG Regional Planning Committee recommended that the Board of Directors adopt the funding recommendations for the HAP Cycle 1 Call for Projects at their March 11, 2022 meeting. The agenda items for these meetings are posted on the SANDAG website.

The funding recommendations are enclosed for your reference. These results are not binding and are contingent upon approval by the SANDAG Board of Directors.

For those applicants selected for funding, once the Board approves the funding recommendations, the next steps in the process are as follows:
• Grantees will be provided with the Grant Agreement to sign. Per SANDAG Board Policy No. 035, grantees will have 45 days to sign and return the Grant Agreement to SANDAG, otherwise they may face revocation of the grant award.
• Once the Grant Agreement has been fully executed, grantees will receive a Notice to Proceed (NTP). As a reminder, no work or use of matching funds can commence and expenses will not be eligible for reimbursement until the Notice to Proceed is issued.

If you have any questions about these results, please contact the Program Manager, Tracy Ferchaw at (619) 699-1977 or [email protected].

Sincerely,

JENNY RUSSO
Grants Program Manager
Attachment C
13 March 21, 2022 Item 05
Agency Name
Final
Rank Project Title Description
Amount of HAP
Funding
Requested
Amount of
Matching
Funds
Total Project
Cost
% of
Matching
Funds
Del Mar 1
Housing Feasibility
Assessment for Smart
Growth Areas
Project with compile Phase I information to study the feasibility of developing at least 54 affordable housing units, obtain expertise/consulting services to secure housing agreement with State 22nd District Agricultural Association. Also complete a Phase II feasibility study to understand what types of incentives maybe be needed to facilitate affordable housing production. $225,000 $186,500 $411,500 45.32%
San Diego
(County)
2 Objective Design Standards
Create objective design standards to implement the Sixth Cycle Housing Element (Housing Element) and comply with State Law (SB 330, SB 35, and SB9). The grant will help facilitate the production of housing in unincorporated communities by establishing clear guidelines and decreasing plan review time for certain projects.
$250,000 $100,000 $350,000 28.57%
Chula Vista 2
Chula Vista ADU Assistance
Program
Program will provide assistance to local residents who are interested in constructing ADUs, by offering preapproved ADU designs, planning software, and a one stop shop webpage with FAQs, the program will make ADU construction more affordable, faster, and easier than before. $180,720 $200,000 $380,720 52.53%
National City 4 Together We Plan National
City
Program is focused on development within areas served by high-frequency transit. Program is an opt-in system for developers to use an alternate calculation method for the number of units proposed on a parcel; rather than putting a limit on dwelling units per acre. No single-family zones are proposed to be included in the opt-in method, mixed-use overlay zones and housing overlay zones would also be included. $205,523 $1,602,227 $1,807,750 11.37%
Santee 5
Project-Level CEQA Analysis
for Town Center Multifamily
Housing Sites
Project rezones four large strategic sites consisting of approximately 37.5 undeveloped acres within the City's Town Center. Sites are strategically located within 1/4-mile of the City's trolley station/mobility hub, near retail and services, employment centers, and along the City's planned multi-modal corridor. Rezoning of these sites will produce approximately 923 housing units, including 333 housing units affordable to lowincome households. $264,000 $0 $264,000 0.00%
San Diego
(City)
6 San Diego - HAP
City of San Diego - HAP accelerates the production of housing in transit rich areas through a combination of improving building permit processes and studying city-owned sites to evaluate feasibility for housing development.
$500,000 $150,000 $650,000 23.08%
Encinitas 7 Housing Production
Assistance
Update the City of Encinitas (City) Permit Ready ADU (PRADU) plans to meet the City's green building code update for 100% all electric new unit developments; retain contract principal planner discretionary plan review services to expedite housing production; and conduct a Displacement Risk Analysis Study to identify the local conditions that lead to displacement. $310,000 $50,000 $360,000 13.89%
Total Amount of Funds Requested $1,935,243
HAP Funding Recommendations
* SANDAG received an application from Escondido that was determined an ineligible activity by the HCD. Therefore, the applicant was not recommended to move forward for funding.

All projects will be awarded 100% of the funds requested Attachment 1 3
14 March 21, 2022 Item 05
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Beth Murray, Senior Management Analyst
Adriana Jaramishian, Associate Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: March 21, 2022
SUBJECT: Authorization for Submittal of the 2021 Housing Element Annual Progress Report

REQUESTED ACTION/RECOMMENDATION
Staff recommends the City Council review the City’s 2021 Housing Element Annual Progress Report (APR) (Attachment A) and authorize submittal to the State Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research by the April 1, 2022 deadline.

EXECUTIVE SUMMARY
The 2021 APR covers unit production progress between January 1 and December 31, 2021, which will apply toward the City’s assigned 6
th Cycle Regional Housing Needs
Assessment (RHNA) obligations that are being addressed within the housing plan for the 6 th Cycle Housing Element covering years 2021-2029. Each local jurisdiction must prepare an APR to report the jurisdiction’s progress in implementing its current Housing Element (Government Code Section 65400), present the report to their governing body, and submit it to HCD for review.

BACKGROUND
California’s Housing Element law acknowledges that in order for the private market to adequately address the housing needs and demand of Californians, local governments must adopt plans and regulatory systems that provide opportunities for (and do not unduly constrain) housing development. As a result, housing policy in California rests largely on the effective implementation of local general plans (which in Del Mar is the Community Plan) and, in particular, the Housing Element component of each General Plan. The City is currently in the 6th Housing Element Cycle (6th Cycle). The plan for 6th Cycle Housing Element Update was initially adopted by the City Council on March 25, 2021, and readopted on December 13, 2021, to include modifications requested by HCD. 1 March 21, 2022 Item 06
City Council Agenda Report
Review of 2021 Housing Element Annual Progress Report
March 21, 2022

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To track overall implementation, each local jurisdiction must prepare an APR to report the jurisdiction’s progress in implementing its current Housing Element (Government Code Section 65400), present the report to their governing body, and submit it to HCD for review. The 2021 APR prepared for filing with the State is included as Attachment A. The APR includes an update on the status of the 6th Cycle Housing Element programs and other specified information. The APR’s “Production Report” section describes the number of net new housing units that have been issued a completed entitlement, a building permit, or certificate of occupancy between January 1 and December 31, 2021, all of which count toward the 6th Cycle planning period. “Net new units” means the proposed unit, or units, would be an addition to the City’s overall housing stock (e.g., new housing unit that did not previously exist) and not replacement units (e.g., demo and rebuild of a single dwelling unit).

For the 6th Cycle, the City was assigned a RHNA obligation of 31 above moderate units, 31 moderate units, 64 low income units, 19 very low-income units, and 18 extremely lowincome units (combined, the low to extremely low-income units total 101 “lower income affordable” units). To-date, the City has issued building permits for a cumulative total of 29 net-new units that can be counted towards the City’s 6 th Cycle RHNA obligation: 10
above moderate and 19 moderate household income units.

Additional details and analysis relating to the information collected and the relationship to the 6th Cycle Housing Element are provided in the discussion/analysis section below.

DISCUSSION/ANALYSIS:

The original APR format was adopted in 2010 by HCD and has recently been updated pursuant to Assembly Bill 879 (AB 879) and Senate Bill 35 (SB 35). APR reports must include information related to the number of development applications submitted and approved and a list of sites rezoned to address the RHNA shortfall. APRs are required to be completed via the HCD-required Excel worksheet template, which HCD reviews and posts in the Housing Element Implementation Database on the HCD website at:
https://www.hcd.ca.gov/community-development/housing-element/index.shtml The APR consists of the following sections (Tabs), which are further described below:

1. New Housing Applications Report

2. Housing Production Progress Report

3. Permitted Units by Affordability Report

4. Sites Identified or Rezoned to Accommodate Shortfall Need

5. Program Implementation Status Report

6. Commercial Development Bonus Approval Report

7. Rehabilitated Units Report

8. Locally Owned Land Disposal Report

9. Locally Owned Surplus Sites
2 March 21, 2022 Item 06
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March 21, 2022

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1. New Housing Applications (Tab A)
Under this section of the APR, the City is required to report all applications the City has received for “net-new” housing units in calendar year 2021. In 2021, the City received 35 applications for net-new units, all of which were applications for Accessory Dwelling Units (ADUs). The applications for net-new dwelling units are included in the City’s 2021 APR as new housing applications; however, the units will not count towards the City’s RHNA allocation until a building permit is issued. Building permit approvals were issued for 10 of those applications resulting in 10 net-new units. While all 35 applications are reflected within the HCD spreadsheet under Tab A, only the 25 applications that are still pending are listed within the staff analysis for #1 (Tab A).

The 10 applications that were issued building permits during 2021 are reflected within the HCD spreadsheet and staff analysis under #2 (Tab A2) below.

Following is the list of the 25 in-process ADU applications that have not yet been issued building permits. As identified, if these applications are approved and issued a building permit, an additional estimated 25 net-new units can be counted toward the 6 th Cycle RHNA in a future APR.

Applications in Process & Anticipated Contribution Toward RHNA New Applications
in 2021
Address Projected RHNA
1 ADU21-001 740 CREST ROAD 1 moderate unit
4 ADU21-004 642 HOSKA DR 1 moderate unit
9 ADU21-009 1930 BALBOA AVE 1 moderate unit
10 ADU21-011 471 AVENIDA PRIMAVERA 1 moderate unit
11 ADU21-012 635 HOSKA DR 1 moderate unit
12 ADU21-013 318 DEL MAR HEIGHTS RD 1 moderate unit
14 ADU21-015 1070 KLISH WAY 1 moderate unit
15 ADU21-016 211 27TH ST 1 moderate unit
17 ADU21-018 156 OCEAN VIEW AVE 1 moderate unit
18 ADU21-019 343 9TH ST 1 moderate unit
19 ADU21-020 1225 LUNETA DR 1 moderate unit
21 ADU21-022 222 9TH ST 1 moderate unit
22 ADU21-023 255 20TH ST 1 moderate unit
23 ADU21-024 660 HOSKA DR 1 moderate unit
24 ADU21-025 2808 OCEAN FRONT AVE 1 moderate unit
25 ADU21-026 137 26TH ST 1 moderate unit
27 ADU21-028 239 22ND ST 1 moderate unit
28 ADU21-029 118 13TH STREET 1 moderate unit
29 ADU21-030 1310 OCEAN AVE 1 moderate unit
30 ADU21-031 223 OCEAN VIEW AVE 1 moderate unit
31 ADU21-032 494 AVENIDA PRIMAVERA 1 moderate unit
3 March 21, 2022 Item 06
City Council Agenda Report
Review of 2021 Housing Element Annual Progress Report
March 21, 2022

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New Applications
in 2021
Address Projected RHNA
32 ADU21-033 118-120 6TH 1 moderate unit
33 ADU21-034 405 8TH ST 1 moderate unit
34 ADU21-035 236 OCEAN VIEW AVE 1 moderate unit
35 ADU21-036 1149 LUNETA DR 1 moderate unit
Total RHNA Units In Process that are Anticipated to Count Toward the 6th Cycle Housing Element in Future APR
25 moderate

2. Housing Production Progress Report (Tab A2)
Under this section of the APR, the City must show the progress of all active applications/projects with net-new housing unit(s). For each unit reported, the City must identify which income affordability category applies: very low, low, moderate, and above moderate-income. The City must also report whether the project received an entitlement, a building permit, certificate of occupancy, or other form of project readiness during the reporting year. However, only building permits are used for the purpose of determining progress towards the City’s RHNA allocation. In 2021, building permits were issued for 24 net-new units as outlined below:

Housing Production Progress Toward 6th Cycle Housing Element Application Building Permit
Issuance Date
Address RHNA Credit
1 B2020-0193 4/5/2021 2920 Camino del Mar 1 above
moderate unit
2 ADU20-008 6/14/2021 766 Hoska Drive 1 moderate unit
3 ADU20-016 5/11/2021 2168 San Dieguito
Drive
1 above
moderate
4 ADU20-017 2/10/2021 251 27th Street 1 moderate unit
5 ADU20-019 1/25/2021 625 Avenida
Primavera
1 above
moderate unit
6 ADU20-021 3/24/2021 162 26th Street 1 above
moderate unit
7 ADU20-022 4/22/2021 521 Avenida
Primavera
1 moderate unit
8 ADU20-025 4/22/2021 1128 Cuchara Drive 1 moderate unit 9 ADU20-027 1/14/2021 154 26th Street 1 moderate unit
10 ADU20-030 3/29/2021 1833 Coast Blvd 1 moderate unit
11 ADU20-032 11/2/2021 1604 San Dieguito
Drive
1 above
moderate unit
12 ADU20-035 11/17/2021 1955 Jimmy Durante
Blvd
1 above
moderate unit
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Application Building Permit
Issuance Date
Address RHNA Credit
13 ADU20-038 9/21/2021 555 Amphitheatre
Drive
1 above
moderate unit
14 B2021-0023
(Primary unit)
3/24/2021 162 26th Street 1 above
moderate unit
15 ADU21-002 10/27/2021 434 8th Street 1 above
moderate unit
16 ADU21-003 4/13/2021 1912 Ocean Front 1 moderate unit 17 ADU21-005 5/11/2021 563 Orchid Lane 1 moderate unit
18 ADU21-006 6/23/2021 470 Pine Needles
Drive
1 moderate unit
19 ADU21-007 6/16/2021 346 9th Street 1 moderate unit
20 ADU21-008 12/9/2021 1997 Zapo Street 1 moderate unit 21 ADU21-014 9/23/2021 421 Ocean View
Avenue
1 moderate unit
22 ADU21-017 8/31/2021 113 9th Street 1 moderate unit
23 ADU21-021 12/6/2021 1619 Forest Way 1 moderate unit
24 ADU21-027 12/15/2021 437 Pine Needles
Drive
1 above
moderate unit
Total Units Towards 6th Cycle RHNA 10 above
moderate unit
and
14 moderate
units
Totals:

1. 10 (2 Single Dwelling Units and 8 ADUs) – Above Moderate Income

2. 14 ADUs - Moderate Income

3. Permitted Units by Affordability Report (Tab B)
Under this section of the APR, the City is required to show all units which have been counted towards RHNA during the 6
th Cycle Housing Element planning period through
December 31, 2021 (and annually through year 2029).

Based on the data collected, the City issued 24 building permits for net-new units in 2021, which count toward the 6
th Cycle. This includes 22 permits issued for Accessory Dwelling Units (ADUs) and 2 permits issued for new, single dwelling units developed on vacant lots. As shown above, these units were counted toward the City’s abovemoderate and moderate-income categories. 5 March 21, 2022 Item 06
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Since the City was able to begin reporting net-new units associated with permits issued as of June 30, 2020, this is the City’s second 6th Cycle APR. The 2020 APR reported that five ADUs that were issued building permits between July-December of 2020, and counted toward the 6th Cycle as shown in the table below.

Application Building Permit
Issuance Date
Address RHNA Credit
1 ADU18-001 8/13/2020 484 Avenida
Primavera
1 moderate unit
2 ADU20-005 7/31/2020 2609 Camino del Mar 1 moderate unit 3 ADU20-009 7/20/2020 328 Pine Needles
Drive
1 moderate unit
4 ADU20-012 11/30/2020 1023 Stratford Court 1 moderate unit 5 ADU20-015 9/8/2020 730 Kalamath Drive 1 moderate unit Therefore, cumulatively as of December 31, 2021, the City has issued building permits for a total of 29 net-new units within the above moderate and moderate categories that contribute toward the 6th Cycle RHNA, as shown below:

City of Del Mar 6th Cycle RHNA Obligation Status
Income Category Units Required Units Permitted to
Date
Units Remaining
for 6
th Cycle
Very Low 37 0 37
Low 64 0 64
Moderate 31 19 12
Above Moderate 31 10 21
TOTAL 163 29 134
As shown, the City has not met any of its 6
th Cycle RHNA need for lower income
households. The City appears to be on pace to meet its RHNA obligation for above moderate and moderate units by the end of the 6th Cycle in 2029.

4. Sites Identified or Rezoned to Accommodate Shortfall Need (Not Applicable) This section of the APR is used to report if the City identified an unaccommodated need of sites from a previous planning period. This is used in the event a city has a shortfall of sites as identified in the Housing Element, or if a city has identified additional sites required by “no net loss” law pursuant to Government Code Section 65863.

As it is early in the City’s 6th Cycle Housing Element, no shortfalls have been identified at this time; therefore, this section of the report is intentionally left blank. However, it should be noted that there is a carryover from the 5th Cycle Housing Element (2013- 2021), which is a shortfall of 12 low income units.
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The City has not yet made progress towards approval of these shortfall units, however, the City does have one administrative Coastal Development Permit (CDP) application for a multiple dwelling unit residential project, that is currently pending approval. The property on which this CDP is pending approval, is subject to “by-right” processing at 20-25 dwelling units per acre, in accordance with State Housing law, as a penalty related to unmet commitments within the 5th Cycle Housing Element. If approved, the project would provide 10 lower income units in addition to 40 above moderate units to help address this short fall.

5. Program Implementation Status Report (Tab D)
Under this section of the APR, the City is required to provide a status of all 41 housing programs within the 6
th Cycle Housing Element. A detailed status of each program is provided within the APR. A quick status of the housing programs is provided below.

Status of Del Mar 2021-2029 Housing Element Programs
Program Status Number of Programs
Completed 2
Ongoing Programs 12
Underway 8
Not Yet Implemented 19
TOTAL 41
Two programs listed as underway, North Commercial Zone (1A) and Professional Commercial Zone (1B), are currently pending certification by the California Coastal Commission (CCC) and have a target completion date of May 2022.

The City’s highest priority Program 3A would commit the City to pursue an agreement and memorandum of understanding with the State 22nd District Agricultural Association to develop at least 54 lower income affordable dwelling units on the Fairgrounds property and obtain that agreement by December 2024. Phase I planning studies were initiated (November 2021) with the intent to understand how much space is needed to achieve at least 54 lower income units at the State Fairgrounds property, how much it would cost to build, and answer similar questions for two small, vacant City-owned sites that were identified as adequate sites in the Housing Element. City staff has been actively working with the consulting team. Work to-date has included three coordination meetings to facilitate preparation of architectural concepts addressing potential affordable housing scenarios on a 1 acre site or 1.5 acre site at the Fairgrounds, and the potential for affordable housing on two small, vacant Cityowned sites (10th Street and 28th Street), including consideration of all three locations combined (Fairgrounds, 10th Street, and 28th Street) as part of a more comprehensive plan that could be eligible for “scattered sites” tax credits. Once complete, the architectural concepts will help inform development of Pro Formas and identification 7 March 21, 2022 Item 06
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of applicable financing options. This item is expected to be brought to the City Council for review and discussion late May/early June.

Following is a list of specific housing program accomplishments and actions that are scheduled and in-progress through the end of Fiscal Year 2021-2022:
o Initiated Phase I planning studies relating to housing opportunities at the State Fairgrounds and two other public properties identified as adequate sites (Program 3A);
o Adopted new City Council Policy 117 to require a Housing Impact Statement in Agenda Reports (Program 5B);
o Posted notice of exemption from SB 35 applicable to coastal jurisdictions (Program 6A);
o Posted List of Community Assistance Programs and Housing Resources Available (Program 7I);
o Anticipated completion of final steps for CCC certification in May 2022 of density allowance (20 du/ac) in two commercial zones (Program 1A NC Zone and Program 1B PC Zone);
o Completion of final steps for CCC certification of Housing Element Implementation Overlay Zone/Rezone by June 2022 (5th Cycle Program 2G); o Safety Element Update in process (required per Gov. Code Section 65302(g)(3)) o New Environmental Justice Element in process (Program 6E); o Selection for Housing Acceleration Program Grant funds (March 2022) will assist with assessing housing feasibility/opportunities in the City’s Smart Growth Opportunity Areas through June 2023;
o Initiation of Phase II planning studies to identify incentives for production of affordable housing in April 2022 (Programs 1D, 1I, 1J, 2A); o Processing of Request for Proposals (RFP) to select an affordable housing consultant to facilitate implementation of agreement for housing at the Fairgrounds in May-June 2022 (Program 3A);
o Processing of Ordinance to extend the ADU Pilot Incentive Program for Deed Restricted Low Income Units in May 2022 (Program 2A);
o Processing of Ordinance to update the ADU Regulations in the City’s certified LCP to reflect harmonizing of State Housing law and the Coastal Act in May-June 2022 o Processing of Development Agreement/Housing Agreement for 941 Camino del Mar Specific Plan (target 2 low income units); and
o Processing of Administrative CDP for Multi-Unit Housing on two vacant lots in NC Zone is pending approval (target 10 lower income units).

6. Commercial Development Bonus Approval Report (Not Applicable) This section of the APR is used to report if the City approved any commercial development bonuses pursuant to Government Code Section 65915.7 during the reporting year. Government Code Section 65915.7 states:
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(a) When an application for approval of a commercial development has entered into an agreement for partnered housing described in subdivision (c) to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the city, county or city and county shall grant to the commercial developer a development bonus as prescribed in subdivision (b). Housing shall be constructed on the site of the commercial development or on a site that meets several criteria.

During the 2021 reporting year, the City did not receive any such applications; therefore, this section of the report is intentionally left blank.

7. Rehabilitated Units Report (Not Applicable)
This section of the APR is used to report units that have been substantially rehabilitated, units converted from non-affordable to affordable by acquisition, and preserved units consistent with the standards set forth in Government Code Section 65583.1(c)(2). In order to count units reported in this table as progress towards the City’s RHNA, the City would need to provide HCD with information to demonstrate that the units meet the standards set forth in Government Code Section 65583.1(c)(2). If HCD agrees that the units meet the standards set forth in Government Code Section 65583.1(c)(1), these units may credit up to 25 percent of the City’s adequate sites requirement per income category.

The City has no qualifying units to report; therefore, this section of the report is intentionally left blank.

8. Locally Owned Land Disposal Report (Not Applicable)
This section of the APR is used to report locally owned lands included in the Housing Element sites inventory that have been sold, leased, or otherwise disposed of.

The City does not have any data to report; therefore, this section of the report is intentionally left blank.

9. Locally Owned Surplus Sites (Not Applicable)
This section of the APR is used to report locally owned lands which have been declared a surplus, or identified as excess, at a formal public meeting by the City Council.

The City does not have any data to report; therefore, this section of the report is intentionally left blank.

Summary
The following key takeaways are noted from the City’s 2021 APR submittal to HCD:
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1) 35 applications were received for net-new units in 2021 2) 24 net-new units were issued building permits in 2021 o 14 - moderate income units
o 10 - above-moderate income units
3) 22 of the 41 total Housing Element Programs have been initiated as ongoing programs, were completed, or have implementation actions in progress:
o 2 - completed
o 12 - ongoing
o 8 - currently underway
o 19 - not yet implemented
4) 29 units is the cumulative total of net-new units that count towards 6 th Cycle RHNA
based on start date for counting 6th Cycle unit production (June 30, 2020) o 10 – above-moderate income units
o 19 – moderate income units
FISCAL IMPACT:

There is no fiscal impact or fiscal 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.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Processing of the Housing Element Annual Progress Report is an operational project that is required to be processed each year for compliance with State law.

ATTACHMENTS:

Attachment A – City of Del Mar 2021 APR
10 March 21, 2022 Item 06
Jurisdiction Del Mar ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 04/15/2021 - 04/15/2029
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Notes
2 3 4 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Was a Density
Bonus requested
for this housing
development?
Was a Density
Bonus approved
for this housing
development?
Please indicate
the status of the
application.

Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 35 0 35 0 0 300-272-11 740 CREST ROAD ADU21-001 ADU21-001 ADU O
1/6/2021
1 1 No No N/A Approved
300-222-17 434 8TH ST ADU21-002 ADU21-002 ADU O 1/13/2021 1 1 No No N/A Approved 299-146-17 1912 OCEAN
FRONT ADU21-003 ADU21-003 ADU O 1/13/2021 1 1 No No N/A Approved 300-251-28 642 HOSKA DR ADU21-004 ADU21-004 ADU O 1/28/2021 1 1 No No N/A Pending 300-251-29 563 ORCHID LN ADU21-005 ADU21-005 ADU O 1/28/2021 1 1 No No N/A Approved 301-023-10 470 PINE

NEEDLES DR
ADU21-006 ADU21-006 ADU O 2/18/2021 1 1 No No N/A Approved 300-221-20 346 9TH ST ADU21-007 ADU21-007 ADU O 3/9/2021 1 1 No No N/A Approved 299-192-18 1997 ZAPO ST ADU21-008 ADU21-008 ADU O 3/10/2021 1 1 No No N/A Approved 299-194-04 1930 BALBOA AVE
ADU21-009 ADU21-009 ADU O 3/17/2021 1 1 No No N/A Approved 299-290-29 471 AVENIDA

PRIMAVERA
ADU21-011 ADU21-011 ADU O 4/6/2021 1 1 No No N/A Approved 300-252-16 635 HOSKA DR ADU21-012 ADU21-012 ADU O 4/6/2021 1 1 No No N/A Approved 300-333-22 318 DEL MAR

HEIGHTS RD
ADU21-013 ADU21-013 ADU O 4/7/2021 1 1 No No N/A Pending 301-033-34 421 OCEAN VIEW
AVE ADU21-014 ADU21-014 ADU O 4/21/2021 1 1 No No N/A Approved 300-242-10 1070 KLISH WAY ADU21-015 ADU21-015 ADU O 4/22/2021 1 1 No No N/A Pending 299-062-01 211 27TH ST ADU21-016 ADU21-016 ADU O 4/26/2021 1 1 No No N/A Approved 300-174-01 113 9TH ST ADU21-017 ADU21-017 ADU O 4/27/2021 1 1 No No N/A Approved 301-022-04 156 OCEAN VIEW
AVE ADU21-018 ADU21-018 ADU O 6/8/2021 1 1 No No N/A Approved 300-222-07 343 9TH ST ADU21-019 ADU21-019 ADU O 6/15/2021 1 1 No No N/A Approved 300-400-32 1225 LUNETA DR ADU21-020 ADU21-020 ADU O 7/14/2021 1 1 No No N/A Approved 299-260-29 1619 FOREST
WAY ADU21-021 ADU21-021 ADU O 7/14/2021 1 1 No No N/A Approved 300-172-12 222 9TH ST ADU21-022 ADU21-022 ADU O 7/19/2021 1 1 No No N/A Approved 299-142-03 255 20TH ST ADU21-023 ADU21-023 ADU O 7/21/2021 1 1 No No N/A Approved 300-251-19 660 HOSKA DR ADU21-024 ADU21-024 ADU O 7/27/2021 1 1 No No N/A Approved 299-021-26 2808 OCEAN
FRONT AVE ADU21-025 ADU21-025 ADU O 7/20/2021 1 1 No No N/A Approved 299-066-14 137 26TH ST ADU21-026 ADU21-026 ADU O 8/25/2021 1 1 No No N/A Approved 301-025-09 437 PINE
NEEDLES DR ADU21-027 ADU21-027 ADU O 9/13/2021 1 1 No No N/A Approved 299-132-05 239 22ND ST ADU21-028 ADU21-028 ADU O 9/23/2021 1 1 No No N/A Pending 300-071-11 118 13TH STREET ADU21-029 ADU21-029 ADU O 9/27/2021 1 1 No No N/A Pending 300-071-07 1310 OCEAN AVE ADU21-030 ADU21-030 ADU O 10/7/2021 1 1 No No N/A Pending 301-023-02 223 OCEAN VIEW
AVE ADU21-031 ADU21-031 ADU O 11/3/2021 1 1 No No N/A Pending 299-260-23 494 AVENIDA
PRIMAVERA ADU21-032 ADU21-032 ADU O 10/27/2021 1 1 No No N/A Pending 300-182-12 118-120 6TH ADU21-033 ADU21-033 ADU O 12/10/2021 1 1 No No N/A Pending 300-232-32 405 8TH ST ADU21-034 ADU21-034 ADU O 12/10/2021 1 1 No No N/A Pending 301-021-06 236 OCEAN VIEW
AVE ADU21-035 ADU21-035 ADU O 11/16/2021 1 1 No No N/A Pending 300-400-28 1149 LUNETA DR ADU21-036 ADU21-036 ADU O 12/20/2021 1 1 No No N/A Pending Table A
Housing Development Applications Submitted
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes (CCR Title 25 §6202)
Density Bonus Applications
10 11 March 21, 2022 Item 06
Jurisdiction Del Mar ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 04/15/2021 - 04/15/2029
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 2 3 5 6 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Summary Row: Start Data Entry Below 0 0 0 0 0 31 0 31 0 0 0 0 0 14 10 24 301-024-25 321 Hidden Pines B2019-0027 SFD O 0 0
299-020-46 2920 Camino del
Mar B2020-0193 SFD O 0
1 4/5/2021 1
299-065-14 162 26th Street B2021-0023 SFD O 0 1 3/24/2021 1 299-194-03 423 LUZON ADU19-004 ADU O
0 0
300-242-01 727 KALAMATH ADU20-003 ADU O 0 0
300-271-06 766 HOSKA DR ADU20-008 ADU O 0 1 6/14/2021 1 299-091-02 2427 CAMINO
DEL MAR ADU20-013 ADU O 0
0 299-072-26 2168 SAN
DIEGUITO DR ADU20-016 ADU O 0
1 5/11/2021 1
299-062-07 251 27TH STREET ADU20-017 ADU O 0
1 2/10/2021 1
299-200-35 1535 SAN
DIEGUITO DRIVE ADU20-018 ADU O 0
0 299-260-78 625 AVENIDA
PRIMAVERA ADU20-019 ADU O 0
1 1/25/2021 1
299-065-14 162 26TH STREET ADU20-021 ADU O 1 1/13/2021 1 1 3/24/2021 1
299-260-55 521 AVENIDA
PRIMAVERA ADU20-022 ADU O 0
1 4/22/2021 1
300-400-21 1128 CUCHARA
DR ADU20-025 ADU O 1 3/8/2021 1
1 4/22/2021 1
299-065-13 154 26TH ST ADU20-027 ADU O 0 1 1/14/2021 1
300-094-18 1010 STRATFORD
CT ADU20-028 ADU O 1 2/25/2021 1
0 300-200-28 713 STRATFORD
CT ADU20-029 ADU O 1 2/22/2021 1
0 299-144-10 1833 COAST
BLVD ADU20-030 ADU O 1 1/11/2021 1
1 3/29/2021 1
299-200-56 1604 SAN
DIEGUITO DR ADU20-032 ADU O 1 3/11/2021 1
1 11/2/2021 1
299-200-34 1505 SAN
DIEGUITO DR ADU20-034 ADU O 1 1/15/2021 1
0 299-172-03 1955 JIMMY
DURANTE BLVD ADU20-035 ADU O 0
1 11/17/2021 1
300-410-10
555

AMPHITHEATRE
DR
ADU20-038 ADU O 1 3/16/2021
1 1 9/21/2021 1
300-272-11 740 CREST RD ADU21-001 ADU O 1 3/1/2021 1 0
300-222-17 434 8TH ST ADU21-002 ADU O 1 3/3/2021 1 1 10/27/2021 1 299-146-17 1912 OCEAN
FRONT ADU21-003 ADU O 1 2/16/2021 1
1 4/13/2021 1
300-251-29 563 ORCHID LN ADU21-005 ADU O 1 3/1/2021 1 1 5/11/2021 1 301-023-10 470 PINE
NEEDLES DR ADU21-006 ADU O 1 4/14/2021 1
1 6/23/2021 1
300-221-20 346 9TH ST ADU21-007 ADU O 1 3/19/2021 1 1 6/16/2021 1 299-192-18 1997 ZAPO ST ADU21-008 ADU O 1 6/21/2021 1 1 12/9/2021 1 299-194-04 1930 BALBOA
AVE ADU21-009 ADU O 1 5/12/2021 1
0 299-290-29 471 AVENIDA
PRIMAVERA ADU21-011 ADU O 1 10/26/2021 1
0 300-252-16 635 HOSKA DR ADU21-012 ADU O 1 11/24/2021 1 0 301-033-34 421 OCEAN VIEW
AVENUE ADU21-014 ADU O 1 5/17/2021 1
1 9/23/2021 1
299-062-01 211 27TH ST ADU21-016 ADU O 1 6/7/2021 1 0
300-174-01 113 9TH ST ADU21-017 ADU O 1 7/2/2021 1 1 8/31/2021 1 301-022-04 156 OCEAN VIEW
AVE ADU21-018 ADU O 1 9/16/2021 1
0 300-222-07 343 9TH ST ADU21-019 ADU O 1 12/16/2021 1 0 300-400-32 1225 LUNETA DR ADU21-020 ADU O 1 8/31/2021 1 0 299-260-29 1619 FOREST
WAY ADU21-021 ADU O 1 8/2/2021 1
1 12/6/2021 1
300-172-12 222 9TH ST ADU21-022 ADU O 1 9/27/2021 1 0
299-142-03 255 20TH ST ADU21-023 ADU O 1 7/28/2021 1 0
300-251-19 660 HOSKA DR ADU21-024 ADU O 1 10/11/2021 1 0 299-021-26 2808 OCEAN
FRONT AVE ADU21-025 ADU O 1 8/23/2021 1
0 299-066-14 137 26TH ST ADU21-026 ADU O 1 12/2/2021 1 0 301-025-09 437 PINE
NEEDLES DR ADU21-027 ADU O 1 10/26/2021 1
1 12/15/2021 1
Note: "+" indicates an optional field
Project Identifier
(CCR Title 25 §6202)
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits 4 7
12 March 21, 2022 Item 06
Jurisdiction Del Mar
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 04/15/2021 - 04/15/2029
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 2 3
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Summary Row: Start Data Entry Below
301-024-25 321 Hidden Pines B2019-0027 SFD O
299-020-46 2920 Camino del
Mar B2020-0193 SFD O
299-065-14 162 26th Street B2021-0023 SFD O
299-194-03 423 LUZON ADU19-004 ADU O
300-242-01 727 KALAMATH ADU20-003 ADU O
300-271-06 766 HOSKA DR ADU20-008 ADU O
299-091-02 2427 CAMINO DEL
MAR ADU20-013 ADU O
299-072-26 2168 SAN
DIEGUITO DR ADU20-016 ADU O
299-062-07 251 27TH STREET ADU20-017 ADU O
299-200-35 1535 SAN
DIEGUITO DRIVE ADU20-018 ADU O
299-260-78 625 AVENIDA
PRIMAVERA ADU20-019 ADU O
299-065-14 162 26TH STREET ADU20-021 ADU O
299-260-55 521 AVENIDA
PRIMAVERA ADU20-022 ADU O
300-400-21 1128 CUCHARA
DR ADU20-025 ADU O
299-065-13 154 26TH ST ADU20-027 ADU O
300-094-18 1010 STRATFORD
CT ADU20-028 ADU O
300-200-28 713 STRATFORD
CT ADU20-029 ADU O
299-144-10 1833 COAST BLVD ADU20-030 ADU O
299-200-56 1604 SAN
DIEGUITO DR ADU20-032 ADU O
299-200-34 1505 SAN
DIEGUITO DR ADU20-034 ADU O
299-172-03 1955 JIMMY
DURANTE BLVD ADU20-035 ADU O
300-410-10
555

AMPHITHEATRE
DR
ADU20-038 ADU O
300-272-11 740 CREST RD ADU21-001 ADU O
300-222-17 434 8TH ST ADU21-002 ADU O
299-146-17 1912 OCEAN
FRONT ADU21-003 ADU O
300-251-29 563 ORCHID LN ADU21-005 ADU O
301-023-10 470 PINE
NEEDLES DR ADU21-006 ADU O
300-221-20 346 9TH ST ADU21-007 ADU O
299-192-18 1997 ZAPO ST ADU21-008 ADU O
299-194-04 1930 BALBOA AVE ADU21-009 ADU O
299-290-29 471 AVENIDA
PRIMAVERA ADU21-011 ADU O
300-252-16 635 HOSKA DR ADU21-012 ADU O
301-033-34 421 OCEAN VIEW
AVENUE ADU21-014 ADU O
299-062-01 211 27TH ST ADU21-016 ADU O
300-174-01 113 9TH ST ADU21-017 ADU O
301-022-04 156 OCEAN VIEW
AVE ADU21-018 ADU O
300-222-07 343 9TH ST ADU21-019 ADU O
300-400-32 1225 LUNETA DR ADU21-020 ADU O
299-260-29 1619 FOREST
WAY ADU21-021 ADU O
300-172-12 222 9TH ST ADU21-022 ADU O
299-142-03 255 20TH ST ADU21-023 ADU O
300-251-19 660 HOSKA DR ADU21-024 ADU O
299-021-26 2808 OCEAN
FRONT AVE ADU21-025 ADU O
299-066-14 137 26TH ST ADU21-026 ADU O
301-025-09 437 PINE
NEEDLES DR ADU21-027 ADU O
Project Identifier
1 Unit Types Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
11 12 13 14 15 16 17 18 19
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of
the units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35
Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple
- see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
0 0 1 0 0 4 1 6 0 0
1 9/15/2021 1 N
0 N
0 N
1 11/30/2021 1 N Y DB 30
1 6/14/2021 1 N N/A
0 N N/A
1 6/28/2021 1 N N/A
0 N N/A
1 9/30/2021 1 N N/A
1 3/21/2021 1 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
0 N N/A
Housing with Financial Assistance
and/or Deed Restrictions Affordability by Household Incomes - Certificates of Occupancy 10 13 March 21, 2022 Item 06
Jurisdiction Del Mar
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 04/15/2021 - 04/15/2029
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 2 3
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Summary Row: Start Data Entry Below
301-024-25 321 Hidden Pines B2019-0027 SFD O
299-020-46 2920 Camino del
Mar B2020-0193 SFD O
299-065-14 162 26th Street B2021-0023 SFD O
299-194-03 423 LUZON ADU19-004 ADU O
300-242-01 727 KALAMATH ADU20-003 ADU O
300-271-06 766 HOSKA DR ADU20-008 ADU O
299-091-02 2427 CAMINO DEL
MAR ADU20-013 ADU O
299-072-26 2168 SAN
DIEGUITO DR ADU20-016 ADU O
299-062-07 251 27TH STREET ADU20-017 ADU O
299-200-35 1535 SAN
DIEGUITO DRIVE ADU20-018 ADU O
299-260-78 625 AVENIDA
PRIMAVERA ADU20-019 ADU O
299-065-14 162 26TH STREET ADU20-021 ADU O
299-260-55 521 AVENIDA
PRIMAVERA ADU20-022 ADU O
300-400-21 1128 CUCHARA
DR ADU20-025 ADU O
299-065-13 154 26TH ST ADU20-027 ADU O
300-094-18 1010 STRATFORD
CT ADU20-028 ADU O
300-200-28 713 STRATFORD
CT ADU20-029 ADU O
299-144-10 1833 COAST
BLVD ADU20-030 ADU O
299-200-56 1604 SAN
DIEGUITO DR ADU20-032 ADU O
299-200-34 1505 SAN
DIEGUITO DR ADU20-034 ADU O
299-172-03 1955 JIMMY
DURANTE BLVD ADU20-035 ADU O
300-410-10
555

15.0% 0
Development
Standards
Modification
No
Bonus incentive of 500
square feet of floor area
Demolished/Destroyed Units Density Bonus
14 March 21, 2022 Item 06
Jurisdiction Del Mar ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 04/15/2021 - 04/15/2029 (CCR Title 25 §6202) 1 3 4
RHNA Allocation
by Income Level 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - - - - - - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - - - - - - - - -
Non-Deed Restricted 14 - - - - - - - -
Above Moderate 31 10 - - - - - - - - 10 21
163
24 - - - - - - - - 24 139
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units. 64 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.

Total RHNA
Total Units
Income Level
Very Low
Low
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 17 -
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
14 Moderate
37 64
31 Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
37 15 March 21, 2022 Item 06
Jurisdiction Del Mar
Reporting Year 2021 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation 1A North Commercial
Finalize Coastal Commission certification of local
approvals gained during 5th Cycle to allow 20 du/ac on
select parcels (ordinance/LCPA)
Jun-22 In progress; final CCC certification expected May 2022 1B Professional
Commercial
Finalize Coastal Commission certification of local
approvals gained during 5th Cycle to allow 20 du/ac
(ordinance/LCPA)
Jun-22 In progress; final CCC certification expected May 2022 1C Central Commercial Amend the CC Zone to allow 20 du/ac (plan amendment and ordinance/LCPA) Apr-24 Not started
1D Economic Study and
Affordable Housing
Overlay Zone
Conduct economic study and zoning assessment.

Evaluate whether to create overlay zone. Involves
coordination with stakeholders (hotels, Plaza, multidwelling in RM zones), and present findings to City Council. If City has not secured at least 30 affordable units by December 2025 must proceed with overlay zone.
(economic study; potential ordinance/LCPA)
Economic study by
December 2022; overlay by
December 2025 if needed
Not started; Studies to be initiated April 2022
1E Rezone of Vacant Land
on North Bluff/South
Stratford Properties
If City is unable to timely reach agreement with
Fairgrounds, then must implement rezone to 20-25 du/ac
by right via overlay zone to create capacity for at least 54 lower income units. (potential plan amendment,
ordinance/LCPA)
This contingency program is
required only if Program 3A
is not timely implemented by
December 2024
Not started
1F Manufactured Housing Update needed per State law (ordinance/LCPA) Dec-23 Not started 1G Density Bonus Update needed per State law (ordinance/LCPA) Dec-23 Not started 1H Public Facilities Zone
Process clean-up Rezone/LCPA for 28th Street lot by
December 2022. Amend PF zone by December 2024 to
allow residential as primary use to accommodate
affordable housing. (ordinance/LCPAs)
28th Street Clean-up
Rezone/LCPA by December
2022; Zone Amendment by
December 2024
In progress; Cleanup rezone initiated November 2021
1I Streamlining and
Incentives for Affordable
Housing
Conduct economic study and zoning assessment.

Evaluate existing regulations and identify potential
changes to remove constraints as necessary to facilitate affordable housing. (Economic study/zoning assessment
and ordinance/LCPA)
Economic study/zoning
assessment by December
2022; and Ordinance/LCPA
by December 2024
Not started; Studies to be initiated April 2022
1J Establish Program for
Coordination with
Affordable Housing
Developers
Establish new program for regular outreach with San
Diego Housing Federation and affordable housing
developers. Use for mutual benefit to gain insight
towards development of realistic strategies to facilitate affordable housing, including strategies that can work at the Fairgrounds. Coincide initial outreach with economic study for Programs 1D, 1I, 2A, and 3A (program for
outreach/meetings)
Dec-22 In process; coordination with San Diego Housing
Federation April 2021 and March 2022
2A Extend and Enhance
ADU Pilot Program -
Incentive Program
Process an extension of the current incentive program by May 2022. Prepare an economic study and zoning
assessment. Process ordinance to incorporate additional incentives and/or program modifications to increase
participation in the program. (Ordinance to extend ADU
Incentive Program, Economic study/zoning assessment,
Ordinance to add incentives/modify program)
Ordinance to extend
program by May 2022;
Economic study/zoning
assessment by December
2022; Ordinance to add
incentives/modify program
by December 2023
Not started; Studies to be initiated April 2022; Ordinance to extend incentive program May 2022
2B ADU Amnesty Program
Establish ADU Amnesty Program to allow owners with
unpermitted ADUs to legalize the ADUs so that the City
can count them toward its inventory (ordinance)
Dec-23 Not started
2C Promotion of DeedRestricted Low Income
ADUs
Develop outreach materials to promote deed restricted
low income ADUs with goal to reach at least 15 low
income ADUs to meet RHNA (web update/outreach)
Dec-23 Not started
2D Tracking of ADU
Progress
This is done as part of Annual Progress Reports
(spreadsheet tracking & reports to Council) Ongoing annual actions Ongoing 2E Mid Cycle ADU
Production Evaluation
Process additional amendments if needed to spur
production of ADUs for low-income households
(spreadsheet tracking & potential ordinance)
Apr-25 Not started
2F Tiny Houses
Process ordinance to clarify tiny houses are allowed per ADU regulations and identify additional circumstances
where tiny houses can be allowed. (ordinance/LCPA)
Dec-23 Not started
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
16 March 21, 2022 Item 06
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
3A Agreement with State
to Build Affordable
Housing Units on State
Fairgrounds property
Conduct economic study of market conditions,
assessment of multi-unit product types, and identify
potential funding sources. Initiate process to secure
agreement with 22nd District Agricultural Association
(DAA) and affordable housing developer. Identify how
housing will count towards RHNA. Binding agreement due
by December 2024 or else contingency rezone (Program
1E) will be required. (development agreement, MOU,
RFP)
Economic
study/Assessment by
December 2022; MOU and
binding agreement by
December 2024
In process; Phase I planning studies initiated November 2021 4A Residential Care
Facilities
Process ordinance for compliance with State law
(ordinance/LCPA) Dec-23 Not started
4B Emergency Shelters,
Transitional Housing and
Supportive Housing, and
Low Barrier Navigation
Centers
Process ordinance for compliance with State law.

Develop procedures to connect public with resources.
(ordinance/LCPA and policy/procedures)
Dec-23 Not started
4C Shared Housing
Program
Continue to offer shared housing program/free roommate
referral services via Del Mar Community Connections
(outreach)
Ongoing Not started
4D Inclusionary Housing
Ordinance
Process amendments for compliance with State law
(ordinance) Dec-24 Not started
4E Condominium
Conversions
Continue to implement existing processing requirements
of Subdivision Map Act and mitigation requirements per
DMMC 24.21.025 (publish procedure/amend ordinance
with Program 4D)
Dec-24 Not started
5A Monitor the Renovation
and Improvement of
existing Multi-Unit
Structures with NonConformities
Continue to allow retention of non-conforming structures with three or more units to renovate and make
improvements to these existing multiple dwelling unit
structures. Monitor the number of projects that utilize this program and identify the number of units conserved or
rehabilitated where applicable. (publish procedure)
Ongoing Ongoing
5B Require Housing
Impact Statement in
Reports
Establish policy and implement (policy/procedure) Jan-22 Complete; City Council Resolution No. 2022-14 adopted February 22, 2022
5C Preserve Existing
Housing Stock/Short Term
Rental Controls
Continue to establish policies and programs that more
effectively address regulations for short term rentals as a means to preserve long term housing stock
(ordinance/LCPA)
Ordinance by December
2024 Not started
6A SB 35 Streamlining –
Notice of State Law
Exemption for Coastal
Cities
Provide notice to the public that the City of Del Mar is a coastal city that is exempt from SB 35 (post notice on
web page)
Jan-22 Complete; Webpage created February 25, 2022 with notice of exemption
6B Affirmatively
Furthering Fair Housing
per AB 686
Participate in regional efforts, partner with organizations to review and refer discrimination complaints, and
implement various actions. (outreach and funding)
Ongoing annual reporting
requirements
In process; initiated Environmental Justice Element and other Fair Housing tasks in October 2021
6C Continue Data
Collection and Compliance
with the Coastal Act and
Housing Element-Related
Requirements applicable
to the Coastal Zone,
including State-Mandated
Accommodation of
Housing Development
Capacity
Continue to collect data and maintain records regarding affordability. Work with the Coastal Commission and
HCD to “harmonize” the Coastal Act and State Housing
laws and identify a strategy to best accommodate future development capacity as assigned to the City for the 6th Cycle. (spreadsheet tracking and annual reports)
Ongoing annual reporting
requirements Ongoing
6D Solar Panel Installation
Partnership
Partner with Renewable Cities San Diego to install solar on housing for lower income households (resolution) Dec-24 Not started 6E Environmental Justice
Element
Process Community Plan Amendment to establish
policies to reduce community health risks and address
Affirmatively Furthering Fair Housing Issues per Assembly Bill (AB) 686. (General Plan Amendment)
Dec-22 In process; initiated October 2021
6F Vote Threshold for
Housing-Related General
Plan Amendment
Explore whether to modify local vote threshold for super majority to apply State’s simple majority (study and
potential ordinance/public vote)
Dec-25 Not started
6G Objective Design
Standards
Prepare and process objective design standards for
housing that is eligible for by-right processing (ordinance) Jun-23 In process; initiated December 2021 7A Housing Funding
Resources Including
Housing Assistance and
Housing Reserve Funds
Continue to make funds accrued in the Housing
Assistance Reserve fund available for affordable housing.

Continue to support the existing tenants participating in the local rental subsidy program until they leave the
program. Transition City assistance towards investment in the development of an equivalent number of permanent
affordable housing units (four units for lower income
households). (annual report to City Council with budget) Ongoing Ongoing
17 March 21, 2022 Item 06
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
7B Interfaith Partnership
Opportunities
Continue to encourage inter-faith shelter network rotating shelter and St. Peter’s Helping Hands (annual report to City Council with budget)
Ongoing Ongoing
7C Resources for Persons
with Disabilities
Publish a resource list of programs and opportunities for persons with disabilities (updated list to be published within 3-6 months of ordinances processed per Programs
4A and 4B)
Ongoing Ongoing
7D Housing Choice
Voucher Program
Contract with the County of San Diego for Housing Choice Voucher Program (resolution to process contract) Ongoing Ongoing 7E Fee Waiver Program Continue the fee waiver program (resolution to extend fee waiver if needed) Ongoing Ongoing
7F Monitor and Respond
to Complaints of
Constraints to Housing for
Lower Income Households
and Persons with
Disabilities
Monitor and respond to complaints of constraints to
housing for lower income households and persons with
disabilities such as impediments to maintenance,
improvement, or development of such housing. Continue
to work with local non-profits to connect people with
assistance and resources. (annual report to City Council with budget)
Ongoing Ongoing
7G Senior Housing
Resources and Assistance
Continue to partner with Del Mar Community Connections
(resolution to extend contract) Ongoing Ongoing
7H Student Housing
Resources and Assistance
Connect students with affordable housing options in Del Mar, including ADUs (outreach/resource list) Ongoing Ongoing 7I Database of Community
Assistance Programs
Maintain list of community assistance programs (resource list) Ongoing Ongoing (provide link to implementation)
General Comments
18 March 21, 2022 Item 06
Jurisdiction Del Mar
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 04/15/2021 - 04/15/2029
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 14
10 24
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 0 2 1
2 to 4 0 0 0
5+ 0 0 0
ADU 31 22 5
MH 0 0 0
Total 31 24 6
35 35
0 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
19 March 21, 2022 Item 06
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Mayor Dwight Worden and Council Member Dave Druker, Liaisons to the Sustainability Advisory Committee
Prepared by Kseniia Izgarskaia, Management Analyst
DATE: March 21, 2022
SUBJECT: Sustainability Advisory Committee Appointments REQUESTED ACTION/RECOMMENDATION:

The City Council Liaisons to the Sustainability Advisory Committee recommend that the City Council:
1) Appoint Valerie Dufort-Roy and Daria Flores to the Committee as voting members to serve a full three-year term starting March 21, 2022 and ending on March 31, 2025;
2) Appoint Watson Strowbridge to the Committee as a non-voting, ex-officio member to serve a full three-year term starting March 21, 2022 and ending on March 31, 2025;
3) Reappoint Nilmini Silva-Send to the Committee as a non-voting, ex-officio member to serve a full three-year term starting May 1, 2022 and ending on May 31, 2025.

DISCUSSION/ANALYSIS:

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 also monitor the activities of the Clean Energy Alliance (CEA) and provide recommendations to the City Council.

The committee consists of nine total members, including seven voting members and two ex-officio, non-voting members. Of the voting members a minimum of six must be residents of Del Mar and one may be a non-resident of Del Mar. Ex-officio, non-voting members may be residents of Del Mar or non-residents and shall be appointed based on their professional experience with environmental and sustainability issues. All members serve three-year, staggered terms.
1 March 21, 2022 Item 07
City Council Agenda Report
Sustainability Advisory Committee Appointments
March 21, 2022

Page 2 of 2 ends

There are currently two voting member vacancies on SAC due to Catherine Blair and Ashley Mazanec’s resignation on January 18, 2022; one ex-officio, non-voting vacancy due to Debbie Hecht’s resignation on January 24, 2022; and one upcoming ex-officio, non-voting vacancy due to Nilmini SilvaSend’s term expiration on April 30, 2022.

City staff advertised all four vacancies, and five Citizen Interest Forms were received during the recruitment period from Valerie Dufort-Roy, Daria Flores, Sean McDowell, Nilmini Silva-Send, and Watson Strowbridge (Attachment A). The Council Liaisons to the Committee have reviewed the applications and recommend that the City Council appoint Valerie Dufort-Roy and Daria Flores as voting members; and Watson Strowbridge and Nilmini Silva-Send as non-voting, ex-officio members to the SAC for a full three-year term as described in the recommendation section of this agenda report.

If the recommended appointments are approved by the City Council, the Committee will have a full roster with no remaining vacancies. A copy of the current SAC roster is included in this report for the Council’s reference as Attachment B.

ATTACHMENTS:

Attachment A – Citizen Interest Forms
Attachment B – Current SAC Roster
2 March 21, 2022 Item 07

Page 1 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Dufort-Roy Valérie
Last Name First Name Middle Initial
Del Mar, CA
Home Street Address City, State
Business Street Address (if applicable) City, State

Home Phone Number Business Phone Number E-mail Address
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2nd choice, etc.):
___ Design Review Board ___ Planning Commission
Arts Advisory Committee Parks and Recreation Committee

Finance Committee

Traffic and Parking Advisory Committee

Measure Q Citizen Oversight Committee

San Dieguito Lagoon Committee

Other(s) (please indicate):______________

1 Sustainability Advisory Board

Qualifications for appointment and/or reasons for application (attach additional pages as needed):

My awareness about sustainable living choices heightened as I found my young child growing up in a world facing challenges of climate change and depleting non-renewable natural resources. In a process filled with pitfalls and imperfections, I have made changes in my family’s habits, some small while some with a greater environmental impact. I have had the privilege to share my findings and practical tips with the readers of the Del Mar Sandpiper, since 2019.

I have observed that all aspects of sustainable living are not readily possible for everyone.

Barriers are present depending on where one lives, or by their ability to drive to a specific store or to purchase pricey equipment. As much as one can avert purchasing items packaged in layers of plastic, these items are still being manufactured, and until stringent regulations come into play, most customers will have little choice but to buy what is available at the mainstream department and grocery stores. Impactful changes are best sourced from public policies tied with public education and ultimately, acceptance.

Del Mar has banned straws, Styrofoam, non-recyclable plastic utensils, single-use plastic bags, and follows its CAP aiming to divert 95% of waste by 2035, to ensure that reducing refuse and 3 March 21, 2022 Item 07

Page 2 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law plastic consumption are not solely individual choices, but rather how we live as a city in face of climate change.

By joining the Sustainability Advisory Committee, I hope to join a dynamic group and participate in drawing up feasible measures so the people of Del Mar can continue to reduce methane production, plastic consumption, and refuse.

Education:

Master’s Degree, Social Work, University of Montreal, Montreal, Canada, 1998 Personal Financial Planning Certificate, UC Irvine, 2008 Relevant Experience (job or volunteer etc.):

Volunteer experience:
- Writer, Sustainability Column, Since September 2019, Del Mar Sandpiper - Editor, March 2020-January 2022, Del Mar Sandpiper
- President, 2019-2021, Parent-Teacher-Resource, La Petite Ecole de San Diego (Lycee Francais de San Diego): Emphasis on Eco-projects/Waste reduction for events in school year 2019-2020.

Name all of the Del Mar Committees/Boards/Commissions that you now serve on:

Del Mar Community Alliance
Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:

Optional: Please list three Del Mar residents who can provide a reference:

NAME STREET NAME (no house
number)
Phone Number
Ann Feeney Rimini Rd
Suzi Resnik Crest Rd
Gloria Sandvik Crest Rd
Bud Emerson Klish Way
- Del Mar Community Alliance, since February 2022
- Del Mar Sandpiper
o Editor, 2020-2022
o Writer, since 2019
- Parent-Teacher-Resource, La Petite Ecole de San Diego (Lycee Français de San Diego)
o President, 2019-2021
o Secretary, 2018-2019
o Capital Expenditure Fundraiser Chair, 2017-2018
o Volunteer diverse functions (library, various events), 2014-2021 - CERT San Diego, 2008-2010
4 March 21, 2022 Item 07

Page 3 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law Residency
Month Year
I have been a resident of California since: 11 2001
I have been a resident of San Diego County since: 11 2001 I have been a resident of Del Mar since: 6 2011
Are you a full-time or part-time resident of Del Mar? ☒ Full-time ☐ Part-time
Is Del Mar your primary place of residence? ☒ Yes ☐ No
Are you a register voter in Del Mar? ☒ Yes ☐ No

5 March 21, 2022 Item 07

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Note: Personal information may be withheld from public view as allowed by law III. COMMITTEE SPECIFIC QUESTIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.

1. Arts Advisory Committee
Membership on the Arts Advisory Committee is set by category. Which membership category do you best fit in? Select all that apply. (Note that City staff, consultants, and vendors are precluded from serving on the Arts Advisory Committee.)
☐ Resident with an art background
☐ Resident without an art background
☐ Business Owner- Art related business
☐ Del Mar Foundation Representative
☐ Del Mar Village Association Representative
☐ Ex-Officio (non-voting) – with Art related expertise
☐ Other (please explain): _________________________________________________ Describe your experience and skills as they relate to the world of community art and fine art.

Why in your opinion is public art valuable to the Del Mar community? What is your public art philosophy?

2. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.

Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.

What aspects of the City’s finances most interest you and why? 6 March 21, 2022 Item 07

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3. Measure Q Citizen Oversight Committee
Membership on the Measure Q Citizen Oversight Committee is set by category. To avoid conflicts of interest, members of the Measure Q Citizen Oversight Committee cannot concurrently serve on the Undergrounding Project Advisory Committee. Which membership category do you best fit in? (Select all that apply)
☐ Current (or within past 5 years) Finance Committee Member ☐ Business Community Member
☐ At-large Resident Member
☐ Other (please explain): ____________________________________________________

4. Traffic and Parking Advisory Committee
Which membership category do you best fit in? (Select all that apply) ☐ Business representative (can be a non-resident)
☐ Resident
☐ Other (please explain): ____________________________________________________ What part of town do you live in? Geographic diversity is desirable and will be taken into account.

Check the neighborhood map to verify your neighborhood. ☐ North Bluff
☐ North Beach
☐ South Beach
☐ Village Center
☐ South Bluff
☐ South Hills
☐ North Hills
☐ Valley
Do you have any special expertise or experience related to traffic and parking? If yes, please explain:

5. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.

Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.

What aspects of the City’s parks and recreation most interest you and why? 7 March 21, 2022 Item 07

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6. San Dieguito Lagoon Committee
The San Dieguito Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.

What aspect(s) of being on the San Dieguito Lagoon Committee most interest you and why?

7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.

What aspects of being on the Shores Advisory Committee most interest you and why? Please describe your vision for the future of Shores Park.

8. Sustainability Advisory Board
The Sustainability Advisory Board members are community leaders on environmental issues.

In what ways would you like to contribute to a more sustainable world either in your personal life or on a broader community level?
In my personal life, I notice that many of my purchasing decisions as a customer are tailored by convenience and nowadays, pandemic constraints and safety.

Hence, I find that at a broader community level, strengthening the implementation and acceptance of current ordinances and continuing to improve local plastic regulations would be great contributors, considering the large number of tourists who visit our small town every year.

As I shared about my findings in the Del Mar Sandpiper over the last few years, I would gladly participate in sharing the SAC developments through the Go Green Del Mar page, the Del Mar Weekly or other forums identified by the group.
8 March 21, 2022 Item 07

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Note: Personal information may be withheld from public view as allowed by law Please describe any outreach or public education efforts you have participated in related to environmental issues or in other areas. Do you have skills or experience in outreach that you could bring to the Sustainability Advisory Board?

9. Undergrounding Project Advisory Committee
The Undergrounding Project Advisory Committee is seeking applicants with an interest in the citywide undergrounding project. To avoid conflicts of interest, members of the Undergrounding Project Advisory Committee cannot concurrently serve on the Measure Q Citizen Oversight Committee.

Geographic diversity is desirable and will be taken into account. What part of town do you live in? Check the neighborhood map to verify your neighborhood.
☐ North Bluff ☐ North Beach
☐ South Beach ☐ Village Center
☐ South Bluff ☐ South Hills
☐ North Hills ☐ Valley
Is your utility service undergrounded? What involvement did you have, if any? What aspects of being on the Utility Undergrounding Advisory Committee most interest you? Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? IV. SIGNATURE AND ACKNOWLEDGEMENT
I have been a voracious learner about sustainable living practices, zero-waste, and finding resources and options for sustainable living around town and in the greater San Diego.

As for outreach, in the last couple of years, I have shared my findings on sustainability through articles in the Del Mar Sandpiper. I have discussed the following topics: plastic avoidance, purchasing consumables from bulk bins (food, detergents, cosmetics), zero-waste party suggestions, decomposition timelines of diverse food/material, composting methods, buying local, gardening, beach cleanups, cooking using solar energy, reusable takeout containers, local takeout container mishaps, upcycled foods, coffee pod pollution, sustainable practices in local restaurant/ocean friendly restaurants, crowdfunding ecoprojects, “Buy-Nothing network” -the hyper-local gifting economy, and news and policy related topics (air pollution vs pandemic lockdown, food bank/rescuing food during pandemic, election signs pollution, right to repair/Medical Device Right to Repair Act, California oil spill, and Del Mar’s implementation of SB1383/solid waste contract).
9 March 21, 2022 Item 07

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.

Additionally, the Del Mar Conflict of Interest Code requires that members of the Design Review Board, Planning Commission, and Finance Committee file Conflict of Interest Statements with the Administrative Services Department in conformance with the Fair Political Practices Commission and the City’s Conflict of Interest Code. Other advisory committee members are not required to file Conflict of Interest Statements.

By signing below, you are acknowledging that you have reviewed the Committee webpage for which you are applying and that you understand the conflict of interest filing requirement, if applicable. Part of your service may include ethics and anti-harassment training upon appointment and bi-annually. Visit the City’s Conflict of Interest Code webpage to learn more about the requirement.

By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and correct to the best of your knowledge.

February 10th, 2022
_____________________________ __________________________ Signature Date
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.
10 March 21, 2022 Item 07

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DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Last Name First Name Middle Initial
Home Street Address City, State
Business Street Address (if applicable) City, State
Home Phone Number Business Phone Number E-mail Address
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2nd choice, etc.):
___ Design Review Board ___ Planning Commission
Arts Advisory Committee Parks and Recreation Committee
Finance Committee Traffic and Parking Advisory Committee Measure Q Citizen Oversight Committee Lagoon Committee
Other(s) (please indicate):______________ Sustainability Advisory Committee Qualifications for appointment and/or reasons for application (attach additional pages as needed):

Education:

Flores Daria A
Del Mar, CA
X
Knowlege of sustainability issues.

Experience working with environmental groups.

Experience working with elected officials and their staff.

Experience establishing and organizing groups and working with people with a variety of backgrounds and interests.
(See also my information under section 8. Sustainability Advisory Committee.) BA - UCLA, Art Education,
MEd - University of Hawaii, Educational Foundations
11 March 21, 2022 Item 07

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Note: Personal information may be withheld from public view as allowed by law Relevant Experience (job or volunteer etc.):

Name all of the Del Mar Committees/Boards/Commissions that you now serve on:

Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:

Optional: Please list three Del Mar residents who can provide a reference:

NAME STREET NAME (no house
number)
Phone Number
Residency
Month Year
I have been a resident of California since:

I have been a resident of San Diego County since:

I have been a resident of Del Mar since:

Are you a full-time or part-time resident of Del Mar? ☐ Full-time ☐ Part-time
Is Del Mar your primary place of residence? ☐ Yes ☐ No
Are you a register voter in Del Mar? ☐ Yes ☐ No
Member of San Diego 350 - Former Steering Committee member; also served as election convener and as vice chair of the Public Policy team.

Member of Third Act, a new senior environmental activist group.

Previous member of Stay Cool for Grandkids.

Ann Feeney Rimini Rd
Jan McMillan 12th St
Alice McNally Stratforn Ct.

June 2019
June 2019
June 2019
✔
✔
✔
12 March 21, 2022 Item 07

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Why in your opinion is public art valuable to the Del Mar community? What is your public art philosophy?

2. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.

Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.

What aspects of the City’s finances most interest you and why? 13 March 21, 2022 Item 07

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5. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.

Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.

What aspects of the City’s parks and recreation most interest you and why? 14 March 21, 2022 Item 07

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6. Lagoon Committee
The Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.

What aspect(s) of being on the Lagoon Committee most interest you and why?

7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.

What aspects of being on the Shores Advisory Committee most interest you and why? Please describe your vision for the future of Shores Park.

8. Sustainability Advisory Committee
The Sustainability Advisory Committee members are community leaders on environmental issues.

In what ways would you like to contribute to a more sustainable world either in your personal life or on a broader community level?
Please describe any outreach or public education efforts you have participated in related to environmental issues or in other areas. Do you have skills or experience in outreach that you could bring to the Sustainability Advisory Committee?

Was vice chair of the San Diego San Diego 350 Public Policy team, working with elected officials. Served as SD350 liaison to the San Diego Green New Deal Alliance. In addition, for 35 years I have been building group support and lobbying Congress on poverty issues. 15 March 21, 2022 Item 07

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Note: Personal information may be withheld from public view as allowed by law Is your utility service undergrounded? What involvement did you have, if any? What aspects of being on the Utility Undergrounding Advisory Committee most interest you? Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? IV. SIGNATURE AND ACKNOWLEDGEMENT
Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.

By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and correct to the best of your knowledge. _____________________________ __________________________ Signature Date
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.
2/10/22
16 March 21, 2022 Item 07
1 Kseniia Izgarskaia
From: Daria Flores
Sent: Thursday, February 10, 2022 2:29 PM
To: City Clerk Mail Box
Subject: SAC Application
Attachments: Citizen Interest Form 21022.pdf
Follow Up Flag: Follow up
Flag Status: Completed
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Please treat my email as submittal acknowledgement in lieu of the signature.

Thank you,
Daria Flores
17 March 21, 2022 Item 07

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DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Last Name First Name Middle Initial
Home Street Address City, State
Business Street Address (if applicable) City, State
Home Phone Number Business Phone Number E-mail Address
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2
nd choice, etc.):
___ Design Review Board ___ Planning Commission
Arts Advisory Committee Parks and Recreation Committee
Finance Committee Traffic and Parking Advisory Committee Measure Q Citizen Oversight Committee San Dieguito Lagoon Committee Other(s) (please indicate):______________ Sustainability Advisory Board Qualifications for appointment and/or reasons for application (attach additional pages as needed):

Education:

McDowell Sean A
Del Mar, CA 2
1 University of California Davis, March 2021
Bachelors of Arts and Sciences in Physics
Bachelors of Arts and Sciences in Design
18 March 21, 2022 Item 07

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Note: Personal information may be withheld from public view as allowed by law Relevant Experience (job or volunteer etc.):

Name all of the Del Mar Committees/Boards/Commissions that you now serve on:

Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:

Optional: Please list three Del Mar residents who can provide a reference:

NAME STREET NAME (no house
number)
Phone Number
Residency
Month Year
I have been a resident of California since:

I have been a resident of San Diego County since:

I have been a resident of Del Mar since:

Are you a full-time or part-time resident of Del Mar? ☐ Full-time ☐ Part-time
Is Del Mar your primary place of residence? ☐ Yes ☐ No
Are you a register voter in Del Mar? ☐ Yes ☐ No
Independent study, Trail Connectivity and Uses: I created a community mapping activity to visualize locals’ use of trails in San Diego along the the I-5 and SR 56 freeway interchange.

Coursework, Local Politics and Government: I took a course that discussed local government types and functions. It focused on the San Diego area.

Research, Noise and light stimulation for terrain design at wildlife over crossings.

Volunteer, River parks: I have volunteered with the San Diego and San Dieguito river parks.

Volunteer, Boy Scouts: I have volunteered doing recreation with local parks and made signage for the Del mar lifeguards.

Assistant, Public Art: Helped install sculptural mosaic art institutions in Solana Beach.

Coursework, community engagement: Collaborated with a community to design park seating proposals in Davis, CA None
None
Jennifer McDowell Forest Way Catherine White Marc Felanc May 1998 August 2000 November 2001 ✔ ✔
✔
19 March 21, 2022 Item 07

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Why in your opinion is public art valuable to the Del Mar community? What is your public art philosophy?

2. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.

Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.

What aspects of the City’s finances most interest you and why? 20 March 21, 2022 Item 07

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Note: Personal information may be withheld from public view as allowed by law

5. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.

Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.

What aspects of the City’s parks and recreation most interest you and why? While at UC Davis I collaborated with a neighborhood undergoing a park redesign and proposed seating options based on their needs and input. During my environmental design Independent study, I interviewed local stakeholders and developed a community mapping activity to explore uses of trails in Del Mar and Carmel valley around the Los Peñasquitos Lagoon and SR-56 bike path. I co-founded a club at UC Davis, the Outdoor Crew, to get students connected with others who are passionate about parks, camping, trails and outdoor recreation.

I am most interested in natural play spaces and parks as places where people can learn to love nature. Parks are also an incredible resource because they bring communities together and make a space for people to feel safe and free from external stresses. I want to help make sure our parks are available and of great quality so that our community can connect to nature and each other.
21 March 21, 2022 Item 07

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6. San Dieguito Lagoon Committee
The San Dieguito Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.

What aspect(s) of being on the San Dieguito Lagoon Committee most interest you and why?

7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.

What aspects of being on the Shores Advisory Committee most interest you and why? Please describe your vision for the future of Shores Park.

8. Sustainability Advisory Board
The Sustainability Advisory Board members are community leaders on environmental issues.

Geographic diversity is desirable and will be taken into account. What part of town do you live in? Check the neighborhood map to verify your neighborhood.
☐ North Bluff ☐ North Beach
☐ South Beach ☐ Village Center
☐ South Bluff ☐ South Hills
☐ North Hills ☐ Valley
As a social person who loves ecology and science I plan to contribute to a more sustainable world through community engagement and citizen science. I would like to help facilitate deep appreciation and knowledge for sustainable urban planning, policy, taxes, transportation,urban design, zoning, waste and land management. In my personal life I seek transportation alternatives to cars, I bike, I compost, and I try to be informed while shopping. I try to contribute to a more sustainable world by understanding policies that hinder sustainability. I want to help others be informed on the state of their local policy and natural environment.

I have attended outreach events and volunteered with science outreach groups. While at UC Davis I volunteered with Sprout Up, a group that travels to elementary schools teaching science and ecology lessons. Additionally, I volunteered with the Fleet Science Center Winter Science Camp where I helped facilitate educational activities for kids. I am skilled in leading science engagement activities. I am aware of the effort and scope of multifaceted outreach projects; While doing research and design work I have interviewed and learned from outreach specialists whose jobs are to engage community support and get kids involved in science. Earlier this year I attended a public info session for the Los Peñasquitos lagoon. I did an independent study working on community mapping activity for trails near the I15 SR 56 interchange. During the fall I attended educational events and volunteered with the Hudson River Park. With these experiences I can bring knowledge of what it's like to participate in and implement community engagement activities. 22 March 21, 2022 Item 07

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DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Silva-Send Jeanne Nilmini (preferred)
Last Name First Name Middle Initial
San Diego, CA 92014
Home Street Address City, State
Business Street Address (if applicable) City, State
Home Phone Number Business Phone Number E-mail Address
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2
nd choice, etc.):
___ Design Review Board ___ Planning Commission
Arts Advisory Committee Parks and Recreation Committee
Finance Committee Traffic and Parking Advisory Committee Measure Q Citizen Oversight Committee San Dieguito Lagoon Committee Other(s) (please indicate):______________
X
Sustainability Advisory Board
Qualifications for appointment and/or reasons for application (attach additional pages as needed):

Continuation of ex-officio non-voting, second term. I have lived along Crest Canyon since 2004 and previously (1986-1989) along Camino Del Mar, altogether for more than 20 years. I therefore have a close interest in the future development of Del Mar.

Education:

Ph.D. International environmental law, M.S. (Soil Chemistry, University of CA, Davis), LLB (Law, Univ of London), Bachelor’s in Chemistry (UK),
24 March 21, 2022 Item 07

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Note: Personal information may be withheld from public view as allowed by law Relevant Experience (job or volunteer etc.):

Job: Associate Director at Energy Policy Initiatives Center (EPIC), University of San Diego since 2004, working with jurisdictions, region, and state to further energy policy; adjunct professor international law. International environmental law, international energy investment and trade; law of the sea, including of the local cross-border marine pollution issue.

Volunteer: Currently ex-officio volunteer at Del Mar SAB; superior court SD; moot competitions USD school of law.

Name all of the Del Mar Committees/Boards/Commissions that you now serve on:

Del Mar SAB.

Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:

Optional: Please list three Del Mar residents who can provide a reference:

NAME STREET NAME (no house
number)
Phone Number
Ann Feeney Rimini Road
Bertha Leone Crest Road
Alan Sweedler 8th Street
Residency
Month Year
I have been a resident of California since: June -1986-1989 - again since
2004
I have been a resident of San Diego County since: Same as above
I have been a resident of Del Mar since: 1986-1989
Are you a full-time or part-time resident of Del Mar? ☐ Full-time ☐ Part-time
Is Del Mar your primary place of residence? ☐ Yes ☒ No
Are you a register voter in Del Mar? ☐ Yes ☒ No
See above, expires April 2022.
25 March 21, 2022 Item 07

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Why in your opinion is public art valuable to the Del Mar community? What is your public art philosophy?

2. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.

Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.

What aspects of the City’s finances most interest you and why? 26 March 21, 2022 Item 07

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Note: Personal information may be withheld from public view as allowed by law

5. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.

Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.

What aspects of the City’s parks and recreation most interest you and why? 27 March 21, 2022 Item 07

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Note: Personal information may be withheld from public view as allowed by law

6. San Dieguito Lagoon Committee
The San Dieguito Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.

What aspect(s) of being on the San Dieguito Lagoon Committee most interest you and why?

7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.

What aspects of being on the Shores Advisory Committee most interest you and why? Please describe your vision for the future of Shores Park.

8. Sustainability Advisory Board
The Sustainability Advisory Board members are community leaders on environmental issues.

9. Undergrounding Project Advisory Committee
My work is focused on the transition to a lower carbon economy, and enables me to bring my experience to the community as well as in my personal life.

Already proven through my work which consists of many public outreach meeting participation as technical and regulatory expert.
28 March 21, 2022 Item 07

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Note: Personal information may be withheld from public view as allowed by law The Undergrounding Project Advisory Committee is seeking applicants with an interest in the citywide undergrounding project. To avoid conflicts of interest, members of the Undergrounding Project Advisory Committee cannot concurrently serve on the Measure Q Citizen Oversight Committee.

Geographic diversity is desirable and will be taken into account. What part of town do you live in? Check the neighborhood map to verify your neighborhood.
☐ North Bluff ☐ North Beach
☐ South Beach ☐ Village Center
☐ South Bluff ☐ South Hills
☐ North Hills ☐ Valley
Is your utility service undergrounded? What involvement did you have, if any? What aspects of being on the Utility Undergrounding Advisory Committee most interest you? Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? IV. SIGNATURE AND ACKNOWLEDGEMENT
Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.

By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and correct to the best of your knowledge. 29 March 21, 2022 Item 07

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Note: Personal information may be withheld from public view as allowed by law ________________________ _____________02/18/2022_____________ Signature Date
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.
30 March 21, 2022 Item 07
31 March 21, 2022 Item 07
32 March 21, 2022 Item 07
33 March 21, 2022 Item 07

6. Lagoon Committee
The Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.

What aspect(s) of being on the Lagoon Committee most interest you and why?

7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.

What aspects of being on the Shores Advisory Committee most interest you and why? Please describe your vision for the future of Shores Park.

8. Sustainability Advisory Committee
The Sustainability Advisory Committee members are community leaders on environmental issues.

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Note: Personal informaon may be withheld from public view as allowed by law As an evidence based approach I rank reductions of emissions across all sectors, and subsequently elimination of single use plastics to be the most pressing issues regarding sustainability (in order of importance.) See my cover letter on my exp Building Electrification Coalition: Collects, interprets and communicates data regarding fossil fuel use in residential and commercial facilities.

Center for Community Energy: Tabulates data and makes informed decisions on how to lead a team of volunteers on retrieving necessary data for the City of San Diego. 34 March 21, 2022 Item 07
City of Del Mar
Sustainability Advisory Committee
Position Ex-Officio
Category Ex-Officio, Non-Voting Member
Jeanne Nilmini Silva-send
1st Term Jul 02, 2019 - Apr 30, 2022
Appointing Authority City Council
Position Voting Member
Alan Sweedler
1st Term Oct 03, 2016 - Jul 03, 2022
Appointing Authority City Council
Position Chair
Category Voting Member
Silvia De Dea
1st Term Aug 06, 2019 - Feb 01, 2023
Appointing Authority City Council
Position Secretary
Category Voting Member
Bertha E Leone
1st Term Dec 04, 2017 - Sep 01, 2023
Appointing Authority City Council
Position Vice Chair
Ann Feeney
2nd Term Mar 19, 2018 - Jan 02, 2024
Appointing Authority City Council
Position Voting Member
Dolores Davies Jamison
1st Term Oct 01, 2018 - Jul 30, 2024
Board Roster
Sustainability Advisory Committee Page 1 of 2
35 March 21, 2022 Item 07
Appointing Authority City Council
Position Ex-Officio
Category Ex-Officio, Non-Voting Member
Vacancy
Position Voting Member
Vacancy
Appointing Authority City Council
Position Voting Member
Category Non-Resident
Vacancy
Sustainability Advisory Committee Page 2 of 2
36 March 21, 2022 Item 07
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Mayor Dwight Worden and Council Member Dave Druker, Liaisons to the Parks and Recreation Committee
Prepared by Kseniia Izgarskaia, Management Analyst
DATE: March 21, 2022
SUBJECT: Parks and Recreation Committee Appointment
REQUESTED ACTION/RECOMMENDATION:

The City Council Liaisons to the Parks and Recreation Committee recommend that the City Council appoint Arlene Prater as a voting member to the Committee to serve a full three-year term starting March 21, 2022 and ending on March 31, 2025.

DISCUSSION/ANALYSIS:

The Parks and Recreation Committee (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. The Committee’s work plan includes review of the City’s need for park and recreation facilities; review of guidelines governing the use and enjoyment of public parks and open space lands to the City Council for implementation; making recommendations to City staff regarding the efficient and adequate maintenance of City parks and open space lands; review and recommendation of guidelines governing the use of the City’s trails and Adopt-a-Spots. The Committee consists of seven voting members serving three-year terms. One out of the seven members may be a non-resident.

There is currently one vacancy on the Committee due to Linda Chisari’s resignation on December 20, 2021. City staff advertised the vacancy, and two Citizen Interest Forms were received during the recruitment period from Sean McDowell and Arlene Prater (Attachment A). The Council Liaisons to the Committee have reviewed the applications and recommend that the City Council appoint Arlene Prater as a voting member for a full three-year term effective March 21, 2022, and ending on March 31, 2025.

If the recommended appointment is approved by the City Council, the Committee will have a full roster with no remaining vacancies. A copy of the current Parks and Recreation Committee roster is included in this report for the Council’s reference as Attachment B.

ATTACHMENTS:

Attachment A – Citizen Interest Forms
Attachment B – Current Parks and Recreation Committee Roster 1 March 21, 2022 Item 08

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Last Name First Name Middle Initial
Home Street Address City, State
Business Street Address (if applicable) City, State
Home Phone Number Business Phone Number E-mail Address
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2
nd choice, etc.):
___ Design Review Board ___ Planning Commission
Arts Advisory Committee Parks and Recreation Committee
Finance Committee Traffic and Parking Advisory Committee Measure Q Citizen Oversight Committee San Dieguito Lagoon Committee Other(s) (please indicate):______________ Sustainability Advisory Board Qualifications for appointment and/or reasons for application (attach additional pages as needed):

Education:

McDowell Sean A
Del Mar, CA 2
1 University of California Davis, March 2021
Bachelors of Arts and Sciences in Physics
Bachelors of Arts and Sciences in Design
2 March 21, 2022 Item 08

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law Relevant Experience (job or volunteer etc.):

Name all of the Del Mar Committees/Boards/Commissions that you now serve on:

Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:

Optional: Please list three Del Mar residents who can provide a reference:

NAME STREET NAME (no house
number)
Phone Number
Residency
Month Year
I have been a resident of California since:

I have been a resident of San Diego County since:

I have been a resident of Del Mar since:

Coursework, Local Politics and Government: I took a course that discussed local government types and functions. It focused on the San Diego area.

Research, Noise and light stimulation for terrain design at wildlife over crossings.

Volunteer, River parks: I have volunteered with the San Diego and San Dieguito river parks.

Volunteer, Boy Scouts: I have volunteered doing recreation with local parks and made signage for the Del mar lifeguards.

Assistant, Public Art: Helped install sculptural mosaic art institutions in Solana Beach.

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Why in your opinion is public art valuable to the Del Mar community? What is your public art philosophy?

2. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.

Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.

What aspects of the City’s finances most interest you and why? 4 March 21, 2022 Item 08

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

5. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.

Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

6. San Dieguito Lagoon Committee
The San Dieguito Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.

What aspect(s) of being on the San Dieguito Lagoon Committee most interest you and why?

7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.

What aspects of being on the Shores Advisory Committee most interest you and why? Please describe your vision for the future of Shores Park.

8. Sustainability Advisory Board
The Sustainability Advisory Board members are community leaders on environmental issues.

Geographic diversity is desirable and will be taken into account. What part of town do you live in? Check the neighborhood map to verify your neighborhood.
☐ North Bluff ☐ North Beach
☐ South Beach ☐ Village Center
☐ South Bluff ☐ South Hills
☐ North Hills ☐ Valley
As a social person who loves ecology and science I plan to contribute to a more sustainable world through community engagement and citizen science. I would like to help facilitate deep appreciation and knowledge for sustainable urban planning, policy, taxes, transportation,urban design, zoning, waste and land management. In my personal life I seek transportation alternatives to cars, I bike, I compost, and I try to be informed while shopping. I try to contribute to a more sustainable world by understanding policies that hinder sustainability. I want to help others be informed on the state of their local policy and natural environment.

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law.

City of Del Mar
1050 Camino Del Mar
Del Mar, CA 92014-2698

CITIZEN INTEREST FORM
Prater Arlene
Last Name First Name Middle Initial
Del Mar, CA
Home Street Address City, State
San Diego, CA
Business Street Address (if applicable) City, State
Home Phone Number Business Phone Number E-mail Address
I am interested in serving on the following Board(s) or Commission(s) in order of preference (indicate 1st, 2nd choice, etc.):

Design Review Board1 Planning Commission2
Sustainability Advisory Board Traffic and Parking Advisory Committee 1st Parks and Recreation Committee Finance Committee
San Dieguito Lagoon Committee Business Support Advisory Committee Arts Advisory Committee Measure Q Citizen Oversight Committee Undergrounding Project Advisory Committee
Other(s) (please indicate):

Qualifications for appointment and/or reasons for application (attach additional pages as needed):

I have been a resident of Del Mar since 1977 when my husband and I purchased our home on Zuni Drive, where we still live and where we raised our two children. Our family has enjoyed the tremendous benefits of living just a few short blocks from Seagrove and Powerhouse Parks and enjoying all the things that has offered us. In addition, I have a particular interest in, and extensive experience with, public parks. I have served as a Trustee on the San Diego Botanic Garden Board of Trustees for a total of about twenty years. I trace my interest in public parks to my childhood where I spent many happy hours at the Brooklyn Botanic Garden, which was a block from where I lived.

I am currently a partner at the law firm Best Best & Krieger LLP and I have represented public agencies for over forty-five years. I have also served, and continue to serve, on several nonprofit boards. I have always wanted to get more involved in the community in which I live, but my work and family kept me from having the time to do so in the past. I have now changed my status at my law firm and I am working fewer hours and I have more time to devote to my community and I want to do so in a way that uses my qualifications and my interests. My legal and non-profit experience provide strong qualifications for this appointment. My legal career (as detailed in the Job Experience Section below) has been spent in the main part advising and representing public agencies locally and throughout California and this experience and Instructions:

Save the form on your computer prior to filling it out. Do not fill out the form in the Internet browser. 8 March 21, 2022 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law. knowledge puts me in a unique position to serve on an appointed Board of a City. I have also been an American Association of Arbitrators certified Arbitrator for many years.

I have extensive experience being on non-profit boards. Of particular relevance, I am now in my third nine-year term as a Trustee on the San Diego Botanic Garden Board of Trustees. Currently (as well as during past terms) I am on the Executive Committee and I am Chair of the Governance Committee. This attests to my significant interests and beliefs in the value of Public Gardens as places to relax, and to enjoy and learn about our environment. I understand and value the importance of nature, open space, scenic preserves and trails and how important these are to all those who live in Del Mar as well as to our many visitors who come here to enjoy our beaches, our businesses and our parks and recreation areas and facilities.

In addition, I am in my third six-year term with the non-profit organization Serving Seniors (where I was Board Chair and on the Executive and Governance Committees). I served two terms on the Board of Planned Parenthood of the Pacific Southwest and continue to serve on their Risk Management Committee. I served on the board of a San Diego disability access non-profit and have been involved in various local and state legal organizations. All this has given me an excellent background to work with others in considering diverse points of view and making decisions in compliance with the controlling laws/regulations/policies and all applicable considerations.

Education:

University of Wisconsin, Madison – BA
University of San Diego Law School – JD 1975
Admitted to California State Bar – 1975
Job Experience:

I have included with this application a copy of my qualifications from the Best Best & Krieger’s website, which gives an overview of my experience in representing public agencies, including many cities throughout California (as well as private employers), mainly in employment-related matters but also in many other areas and working with the laws and requirements unique to public agencies, such as compliance with the Brown Act, the Public Records Act, Ethics laws, Public Contracting laws and Government Policy and Public Integrity laws, among others. I conduct trainings, such as sexual harassment avoidance trainings, for elected officials as well as public employees and I am a frequent speaker on employment and related issues throughout the state. I work closely with management, as well as with public officials on a regular basis and I am skilled in listening to both public employees and members of the public, who have competing interests, and helping decision-makers work through and resolve issues. I am also an Arbitrator with the American Association of Arbitrators, handling employment and consumer arbitrations.

I have also advised public agencies on, and for public agencies have litigated, federal and state cases under the Americans with Disabilities Act, Title II, as to public agencies’ requirements to make their services, programs and activities (including recreational facilities and parks) accessible to disabled members of the public. In that capacity I have worked with building officials and other public agency officials, as well as members of the public and the disabled community, to bring public facilities into compliance with the law. I have also done this work under Title III of the ADA for those businesses which provide public services.

Name all of the Del Mar Advisory Committees/Boards/Commissions that you now serve:

None
9 March 21, 2022 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law.

Have you ever applied for a Del Mar Committee and not been appointed? ☒ Yes ☐ No If Yes, what Committee and When? DRB – March and July 2021 and February 2022 Please list three Del Mar residents who can provide a reference:

NAME STREET NAME (no house
number)
Phone Number
Dwight Worden Councilmember
Frank Mannen Coast Boulevard
Nellum Arya Zuni Drive
Month Year
I have been a resident of California since: January 1971 I have been a resident of San Diego County since: January 1971 I have been a resident of Del Mar since: November 1977
I am a registered voter in Del Mar: ☒ Yes ☐ No
The following additional questions are for Design Review Board and Planning Commission applicants ONLY:

I have maintained Del Mar residency and have been
physically present in the City for the last 6 months: ☒ Yes ☐ No I maintain Del Mar residency and am physically present
in the City for no less than 6 months per calendar year: ☒ Yes ☐ No 1 In accordance with Chapter 2.38 of the Del Mar Municipal Code, Design Review Board members shall be persons who, by experience, training, education, or occupation, have demonstrated talent and interest in developing the aesthetics of environmentally sensitive design within the framework of practical considerations. The Design Review Board shall consist of seven members who are registered voters of the City of Del Mar and maintain residency within the City's municipal boundaries. Residency shall be maintained for no less than six months prior to appointment and if a Board Member ceases to reside within the City during their membership on the Design Review Board, the appointment of such person shall be deemed to have been terminated. For the purposes of this section, residency shall mean someone who maintains residence and is physically present in the City of Del Mar for no less than six months per calendar year. 2 In accordance with Chapter 2.34 of the Del Mar Municipal Core, the Planning Commission shall consist of five members who are registered voters of the City of Del Mar and maintain residency within the City's municipal boundaries.

Residency shall be maintained for no less than six months prior to appointment and if a Commissioner ceases to reside within the City during their membership on the Planning Commission, the appointment of such person shall be deemed to have been terminated. For the purposes of this section, residency shall mean someone who maintains residence and is physically present in the City of Del Mar for no less than six months per calendar year.

The Del Mar Conflict of Interest Code requires that members of the Design Review Board, Planning Commission, and Finance Committee file Conflict of Interest Statements with the Administrative Services Director in conformance with the Fair Political Practices Commission. By signing below, I am acknowledging that I have reviewed the Committee webpage for which I am applying and that I understand the conflict of interest filing requirement, if applicable.

RETURN COMPLETED FORM BY THE CLOSE OF BUSINESS
(4:30 PM) OF THE DEADLINE DATE
by mail: City of Del Mar
Administrative Services Department
1050 Camino del Mar
Del Mar, CA 92014
Signature
February 22, 2022
Date
or by email: [email protected]
10 March 21, 2022 Item 08
Arlene provides advice, training, litigation representation and investigative services to employers.

She provides legal services to large and small nonprofits.

Arlene also advises public and private employers on all aspects of personnel management.

At a Glance
Profile
Arlene Prater was a founding partner of Best Best & Krieger LLP’s San Diego Office in 1993. She has almost 40 years of experience representing public and private employers in all aspects of employment and labor matters. She is a leading California attorney in employment law, providing advice, training, litigation representation and investigative services to a wide range of employers. Arlene also focuses on representing higher education institutions in the many legal issues facing these entities, including Title IX matters and faculty, student and staff discipline and complaints. She also advises nonprofits on their unique legal issues. She is a member of the firm’s Labor & Employment practice group, a regular speaker at legal conferences, and involved with various legal and nonprofit organizations.

Employment and Labor Work
Arlene represents employers in all aspects of employment and labor law matters throughout California. Arlene’s first 11 years of employment were as deputy county counsel for the County of San Diego, representing the County and school districts in employment litigation. Her public employment law work then continued at a private San Diego firm, before she joined BB&K. She now represents both public and private employers in virtually every type of employment lawsuit involving federal and state rights and obligations of employees and employers. This includes discrimination, harassment, retaliation and wrongful termination claims, failure to accommodate disability claims, leave claims, First Amendment and privacy challenges, retirement benefit issues, collective bargaining issues, wage and hour claims and class actions, and many other legal claims at the administrative, state and federal court levels and on appeal.

Arlene also advises public and private employers on all aspects of personnel management, including employee discipline and grievance matters, employee handbooks and contracts, wage and hour issues, workplace safety and violence issues, drug and alcohol issues, personnel policies, and compliance with the many constantly changing state and federal employment laws, including discrimination laws, the Family Leave Acts, the Americans with Disabilities Act and the Fair Labor Standards Act.

Arlene Prater
Arlene Prater
Partner
Practices
Education
Education Litigation
Investigations
Labor & Employment
Labor & Employment Litigation
Municipal Law
Public Agency Labor &
Employment
Wage & Hour Law
Industries
Education
Municipal
Education
University of San Diego School
of Law, J.D.

University of Wisconsin,
Madison, B.A.

Admissions
California
OFFICES THROUGHOUT CALIFORNIA AND IN WASHINGTON, D.C. www.BBKlaw.com _____________________________________________________________________________________________________________ 11 March 21, 2022 Item 08
Arlene Prater _____________________________________________________________________________________________________________ Employment Investigations
Arlene has an extensive background in conducting investigations for employers on a wide variety of employment-related issues. She is a certified Title IX investigator through the Association of Title IX Administrators. She has experience in Title IX investigations at all stages of the proceedings.

Investigations have involved potential criminal misconduct, threats, discrimination, harassment and retaliation, exercise of protected rights, misuse of public property and many other types of alleged misconduct that could lead to disciplinary action, among other consequences.

Colleges
Arlene is also a leading authority on providing advice and litigation services to private and public colleges on the wide range of issues involving governing boards, students, faculty and staff. This includes all aspects of Title IX matters, student discipline, student and faculty rights, faculty tenure and review issues, faculty grievances and discipline, ADA compliance, Family Educational Rights and Privacy Act, Clery Act, Violence Against Women Act and many other legal issues.

She also litigates on behalf of colleges in judicial and administrative proceedings.

Nonprofits
Arlene provides legal services to large and small nonprofits on the unique legal issues facing them, including contracts, volunteers, ADA compliance, liability and employment. She also serves on nonprofit boards.

Arlene was a State Bar of California Labor and Employment Law Executive Committee Board Member for three years, and is now an Advisor to the Executive Committee. She regularly conducts human resources trainings for clients and is a frequent speaker at employment law seminars for attorneys and human resource professionals on a wide range of current personnel issues throughout the state.

OFFICES THROUGHOUT CALIFORNIA AND IN WASHINGTON, D.C. www.BBKlaw.com 12 March 21, 2022 Item 08
1 Kseniia Izgarskaia
From: Arlene Prater
Sent: Friday, February 25, 2022 3:44 PM
To: Kseniia Izgarskaia
Cc: Sarah Krietor; Arlene Prater
Subject: RE: City of Del Mar Citizen Interest Form for Parks and Recreation Committee CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

My apologies for submitting the old version of the Citizen Interest Form and thanks for letting me answer the two questions specific to the Parks and Recreation Committee by this email, as follows:

1. My personal and professional experience related to parks and public recreation is set forth in the Citizen Interest Form that I submitted.

2. The aspects of City’s Parks and Recreation programs that are of particular interest to me include assuring that our residents and guests are aware of, and can take advantage of, our existing parks, open space and recreational areas, and that these areas are maintained in a safe and proper manner, as well as advising the City on these issues and additional opportunities to expand the City’s programs.

Thank you. Arlene Prater
From: Kseniia Izgarskaia <[email protected]>
Sent: Wednesday, February 23, 2022 10:23 AM
To: Arlene Prater
Cc: Sarah Krietor <[email protected]>
Subject: RE: City of Del Mar Citizen Interest Form for Parks and Recreation Committee CAUTION - EXTERNAL SENDER.

Hi Arlene,
Thank you for submitting your Citizen Interest Form for the Parks & Recreation Committee, this email is to confirm receipt. The City has recently revised its Citizen Interest Form ,and there are new committee-specific questions (see attached form, Section II.5). You don’t need to resubmit the entire new form, but it is recommended that you just fill out Section III.5 (on page 4) and send it back to me. If you wish to do that, I will just attach this additional page to your current application.

Please let me know if you need any assistance.

Thank you!
Kseniia
Kseniia Izgarskaia, CPHR | Management Analyst
City of Del Mar | Administrative Services Department / Public Works Department 1050 Camino del Mar, Del Mar, CA 92014
858-375-9560 | [email protected]
13 March 21, 2022 Item 08
City of Del Mar
Parks & Recreation Committee
Appointing Authority City Council
Position Vice Chair
Andrea Moreno
1st Term Mar 19, 2018 - Sep 01, 2022
Appointing Authority City Council
Position Chair
Mac McLoughlin
1st Term Jul 02, 2018 - Sep 01, 2022
Appointing Authority City Council
Position Secretary
John Peterson
2nd Term May 02, 2017 - Feb 01, 2023
Appointing Authority City Council
Mary E. Friestedt
1st Term Feb 20, 2018 - Feb 02, 2023
Appointing Authority City Council
Felise B Levine
1st Term Feb 05, 2018 - Jan 01, 2024
Appointing Authority City Council
Claire Mcgreal
2nd Term Jun 02, 2019 - Mar 02, 2025
Vacancy
Board Roster
Parks & Recreation Committee Page 1 of 1
14 March 21, 2022 Item 08
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Adriana Jaramishian, Associate Planner
Matt Bator, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: March 21, 2022
SUBJECT: First Amendment to Agreement with Del Mar Blue Print Company REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Approve the First Amendment to the Agreement between the City of Del Mar and Del Mar Blue Print Company (Attachment A) for as-needed printing, publishing, and graphic design services for an additional two-year period ending March 4, 2024; and 2) Authorize the City Manager to execute the First Amendment.

DISCUSSION/ANALYSIS:

The City entered into an Agreement with Del Mar Blue Print Company (Consultant) on March 4, 2019 (Attachment B), for an initial three-year period to provide as-needed printing, scanning/digitization of records, publishing, and graphic design services. Having vendors for these types of services available on an as-needed basis enables staff to more efficiently accomplish operational tasks and City Council directed projects and special assignments. The initial term of the Agreement expired on March 4, 2022.

Section 2.1 of the Agreement allows for an extension of up to two (2) years to the term of the Agreement. During the initial term of the Agreement, the Consultant has provided high quality services to the City and has been responsive to the City’s requests. For this reason, staff is proposing to extend the term of the Agreement for an additional two-year period ending on March 4, 2024.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council for this agenda item. Funds for as-needed printing/scanning services are available in the FY 2021-22 and FY 2022-23 Operating and Capital Budget.
1 March 21, 2022 Item 09
City Council Agenda Report
First Amendment to Agreement for Printing Services
March 21, 2022

Page 2 of 2 ends

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This Agreement amendment is directly related to digital records archiving, which is currently on-going, and is included in the City Council’s list of Goals & Priorities as a Tier 1 project. Other services to be provided under the as-needed Agreement are operational in nature and not included on the Council list of Goals & Priorities.

ENVIRONMENTAL IMPACT:

The action being considered is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.

ATTACHMENTS:

Attachment A – First Amendment to the Agreement with Del Mar Blue Print Company Attachment B – Original Agreement with Del Mar Blue Print Company (2019) 2 March 21, 2022 Item 09

FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DEL MAR

AND DEL MAR BLUE PRINT COMPANY

FOR AS-NEEDED PRINTING AND PUBLISHING SERVICES
THIS FIRST AMENDMENT to the Agreement (First Amendment) is made and entered into effective the 4th day of March, 2022, by and between the City of Del Mar, a Charter City and municipal corporation (“City”), and Del Mar Blue Print Company (“Consultant”) (collectively “Parties”).

RECITALS
WHEREAS, on March 4, 2019, the City and Consultant entered into an Agreement (Agreement), by which the City and Consultant established the terms and conditions for providing as-needed printing and scanning services for a three-year period terminating March 4, 2022; and
WHEREAS, the Parties now desire to extend the term of the Agreement for an additional two-year period as provided for in Section 2.1 of the Agreement; and WHEREAS, the First Amendment is necessary in order to extend the term of the Agreement.

NOW, THEREFORE, the Parties hereby agree to amend the Agreement as follows:

Section 1. Section 2.1 of the Agreement is amended as follows:

2. DURATION OF AGREEMENT

2.1 Term, Time for Performance. The term of the Agreement is for a period commencing on March 4, 2019 and terminating March 4, 2024 (“Termination Date”) unless terminated earlier as set forth herein.

Section 2. Except as otherwise provided in this First Amendment, all terms and conditions, and attachments and exhibits thereto, of the Agreement shall remain in full force and effect.
[SIGNATURES ON THE FOLLOWING PAGE]

ATTACHMENT A
3 March 21, 2022 Item 09
City of Del Mar
First Amendment to Del Mar Blue Print Company Agreement

Page 2 of 2 ends

IN WITNESS WHEREOF, the parties have caused this First Amendment to be effective as of the date first written above.

CITY OF DEL MAR,
a municipal corporation
By:

Ashley Jones, City Manager
Del Mar Blue Print Company
By:

Mike Kraus, CEO

ATTEST:

By:

Sarah Krietor, Acting City Clerk
APPROVED AS TO FORM:

By:

Leslie E. Devaney, City Attorney
4 March 21, 2022 Item 09

ATTACHMENT B
5 March 21, 2022 Item 09
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8 March 21, 2022 Item 09
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14 March 21, 2022 Item 09
City of Del Mar
Staff Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Beth Murray, Senior Management Analyst
Via Ashley Jones, City Manager
DATE: March 21, 2022
SUBJECT: First Amendment to the Economic Development Agreement with the Del Mar Village Association for Fiscal Year 2021-2022
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Approve the First Amendment to the Agreement with the Del Mar Village Association (DMVA) for FY 2021-22 Economic Development services (Attachment A); and 2) Authorize the City Manager to execute the First Amendment.

DISCUSSION/ANALYSIS:

In the approved FY 2021-22 and FY 2022-23 Operating and Capital Program Budget, the City Council approved Community Support Funding for the DMVA in a reduced amount totaling $25,000 for FY 2021-22. In the past, the City has typically provided DMVA an annual allocation of $50,000 in Community Support Funding, but the funding was reduced in FY 2020-21 and FY 2021-22 due to the significant impacts of COVID-19 on the City’s finances. As part of the budget development process, the City Council committed to considering providing the DMVA with an additional $25,000 during the Mid-Year Budget process depending on the City’s mid-year financial results.

On March 7, 2022, City staff presented the Mid-Year Financial Report, which indicated that the City’s financial position is positive and continues to significantly improve. The report included an additional $25,000 for DMVA as part of the recommended mid-year budget adjustments, which were approved by the Council. With the additional funding, DMVA will be able to bolster the activities included in the FY 2021-22 Economic Development scope of work which include the following:
 Serve as a resource for Del Mar businesses;
 Support new business development in the Del Mar Village;  Continue existing and implement new programs to drive commerce in Downtown Del Mar/Del Mar Village and support fundraising initiatives for the Downtown; and 1 March 21, 2022 Item 10
City Council Agenda Report
First Amendment to DMVA Agreement
March 21, 2022

Page 2 of 2 ends

 Partner with the City on Downtown improvements and programming.

FISCAL IMPACT:

There is no fiscal impact or action to be taken by the City Council as part of this agenda item. The City Council approved an additional $25,000 in funding to the DMVA for FY 2021-22 as part of the mid-year budget adjustments on March 7, 2022.

ENVIRONMENTAL REVIEW:

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This is an operational item and is not included on the list of Council goals and priorities.

ATTACHMENTS:

Attachment A – Amendment to the DMVA Economic Development Agreement 2 March 21, 2022 Item 10

FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DEL MAR

AND DEL MAR VILLAGE ASSOCIATION
THIS FIRST AMENDMENT to the Agreement (First Amendment) is made and entered into effective the 21st day of March, 2022, by and between the City of Del Mar, a Charter City and municipal corporation (“City”), and the Del Mar Village Association (“Consultant”) (collectively “Parties”).

RECITALS
WHEREAS, on July 1, 2021, the City and Consultant entered into an Agreement (Agreement), by which the City and Consultant established the terms and conditions for providing economic development services; and
WHEREAS, the Parties now desire to increase the value of the Agreement by an additional $25,000, totaling $50,000 for FY 2021-22; and WHEREAS, the First Amendment is necessary in order to amend and increase the value of the Agreement.

NOW, THEREFORE, the Parties hereby agree to amend the Agreement as follows:

Section 1. Section 2.1 of the Agreement is amended as follows:

4. COMPENSATION.

4.1 Total Amount. Compensation to DMVA will be $50,000 for the services to be provided in Exhibit “A”.

ATTACHMENT A
3 March 21, 2022 Item 10
City of Del Mar
First Amendment to DMVA Economic Development Agreement

Page 2 of 6 ends

IN WITNESS WHEREOF, the parties have caused this First Amendment to be effective as of the date first written above.

CITY OF DEL MAR,
a municipal corporation
By:

Ashley Jones, City Manager
Del Mar Village Association
By:

Jen Grove, Executive Director
ATTEST:

By:

Sarah Krietor, Acting City Clerk
APPROVED AS TO FORM:

By:

Leslie E. Devaney, City Attorney
4 March 21, 2022 Item 10
City of Del Mar
First Amendment to DMVA Economic Development Agreement

Page 3 of 6 ends

AMENDED EXHIBIT “A”
Del Mar Village Association (DMVA)
City of Del Mar Economic Development/Community Support Program Funding Scope of Services
FY 2021-2022
This Scope of Work will be completed by the Del Mar Village Association (DMVA) on behalf of the City of Del Mar (City) to promote economic development. DMVA will use its best efforts to make the following economic development resources available to all brick-and-mortar businesses with a valid City business license located in the commercial areas of the City of Del Mar (“Del Mar Businesses”).
1) Serve as a Resource to Del Mar Businesses
A. Business Assistance and Retention – Provide ongoing assistance to all existing and new businesses and commercial property owners on issues related to the downtown, including business expansions, relocations, improvements, promotions; City issues and challenges facing the business community and other current downtown issues, etc.

B. Information – Disseminate weekly DMVA business updates regarding City issues and other program news, and other relevant information to the business community through e-blast communications, the DMVA business partner Facebook group, personal emails, social posts, virtual and in-person meetings, and web pages.

C. Business Partner Resource Center – Maintain and regularly update the Business Partner Resource Center on the DMVA website with marketing tools, small business resources, and other relevant information. Work with the City of Del Mar staff to add government regulatory information and other City business information to the Business Resource Center with links to the City website.

D. Business to Business Promotion – Communicate Del Mar business promotions to other local businesses in e-blast communications and other outreach, including quarterly business mixers and individual meetings.

E. Business Support Regulations – Research, outreach to the business community and work with the City on long-term and short-term regulatory options to support businesses with economic recovery and vitality.
5 March 21, 2022 Item 10
City of Del Mar
First Amendment to DMVA Economic Development Agreement

Page 4 of 6 ends

F. Feedback Gathering and Communication – Continue to gather input from Del Mar businesses about what the City can do to support them in reopening and recovery efforts. Encourage communication between business owners, DMVA, and the City by soliciting feedback on programming and resources, regularly gathering businesses’ specials and offers for promotion to the greater community, and always keeping an open line of communication.

G. Small Business Liaison to City – Act as the liaison of Del Mar Village business community by communicating COVID-19 recovery needs to City for consideration and implementation. Work with the City Manager, City staff and DMVA’s City Council liaisons on downtown issues, concerns, and improvements.

H. Del Mar Business Data Collection - DMVA to assist the City with revisions to the 2022 City Business Permit list, including sorting and organizing the data to allow both the City and DMVA to utilize the list for better communication with the entire brick and mortar Del Mar business community.
2) Support New Business Development in Del Mar Village
A. Downtown Developments/Business Opportunities – Support new downtown developments and new business opportunities along with existing business improvements.

B. New Business Recruitment – DMVA to develop a new web page on www.visitdelmarvillage.com with an online link for the City with resources for prospective businesses considering locating in Del Mar and steps to start a new business in Del Mar. DMVA to direct inbound new business inquiries to appropriate City of Del Mar departments.

C. Commercial Owner Assistance - DMVA to help identify commercial vacancies in the downtown and assist property owners with filling the vacancies. 3) Continue Existing and Implement New Programs to Drive Commerce in Downtown Del Mar Village and Support Fundraising Initiatives for the Downtown A. DMVA Business Partnerships – Outreach to current DMVA business partners for annual partnership renewals. Identify and develop new partnerships with businesses. When possible/desired by businesses, coordinate ribbon-cutting and welcome to Del Mar ceremonies for business openings, expansions, change in ownership, etc. Include business promotions in customer and business-tobusiness e-blasts and other promotions. Assist with downtown questions and connect businesses to the residential community and visitors. 6 March 21, 2022 Item 10
City of Del Mar
First Amendment to DMVA Economic Development Agreement

Page 5 of 6 ends

B. Del Mar Village Dollars/Yiftee e-Gift Card – Continue coordinating Del Mar Village Dollars community card program. Implement promotions at key points in the year – including for holiday shopping – onboard new participating businesses, solicit corporate partnerships and grant funding and promote this program to businesses and residents year-round.

C. Holiday Parking – Support City holiday parking initiative by coordinating with Public Works for meter bagging and promoting free parking in holiday communications (customer and business e-blasts, social media, etc.).

D. Business Promotion - Work with outlier Del Mar businesses (e.g., Fairground exhibitors, Racetrack event promoters, and other nearby attractions) to support commerce and cross promotions with downtown Del Mar businesses, and assist with providing information about City requirements for doing business (i.e. business license, etc.)
4) Partner with City on Downtown Improvements and Programming A. Streetscape Furnishings Improvement – Work with Rotary Club of Del Mar on refurbishing downtown streetscape furniture, and to develop an ongoing program for downtown Del Mar Street furniture maintenance. Coordinate, design, fabrication, and installation of new bench plaques on downtown benches with existing dedicated plaques.

B. Beautification Projects - Organize and coordinate with the City on additional Rotary Club of Del Mar downtown beautification projects.

C. Sustainability Issues – Assist the City in implementing and communicating downtown business environmental sustainability efforts and programs to comply with state laws. These may include:

1. Bike share program

2. Organics recycling

3. Reusable to-go containers

4. Work with the Del Mar business community, residents, visitors and the Surfrider Foundation on quarterly beach and downtown cleanups

5. Work with local Del Mar restaurants to become Surfrider Ocean Friendly certified 5) City Council Participation in DMVA Board Meetings
The City Council liaisons and City staff shall be included in all DMVA Board of Directors meeting notices for both regular meetings and special meetings.

Total Funding for Economic Development Services: $50,000 7 March 21, 2022 Item 10
City of Del Mar
First Amendment to DMVA Economic Development Agreement

Page 6 of 6 ends

Downtown Sidewalk/Street Furnishings Power Wash/Litter Abatement Program Administer a quarterly program for the City for power washing the downtown sidewalks and street furnishings, as well as a downtown litter abatement program, using the San Diego Urban Corps.

The funding for this program was provided to the City through a community donation.

Total funding for Program Administration Services: $12,000 Reporting to City
Provide one written annual report outlining what has been done by DMVA to implement the action items listed above, due March 31, 2022, to include work completed between July 1, 2021, through February 28, 2022, and looking ahead to planned efforts through June 30, 2022. 8 March 21, 2022 Item 10
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: March 21, 2022
SUBJECT: Authorization to Apply for State of California Recreational Trails Program 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 an application for State of California Recreational Trails Program Grant funding to supplement the cost of future construction of the Riverpath Del Mar Extension Project Phase 3; and 2) Authorize the City Manager to execute the necessary related documents, including the grant application and future agreement.

BACKGROUND:

The Riverpath Del Mar Extension Project Phase 3 will construct 2,200 feet of pedestrian path along the San Dieguito Lagoon as identified in the City of Del Mar's certified Local Coastal Program. This construction will complete critical links of the Coast to Crest Trail and the City of Del Mar’s seven-mile Coastal Loop Trail and create non-motorized access to Grand Avenue Overlook from Crest Canyon Reserve Trail. The project will enhance access to outdoor recreation opportunities such as walking, bicycling, bird watching, and photography, and expand opportunities to raise awareness about the environment.

DISCUSSION/ANALYSIS:

The City is eligible to apply for the State of California Recreational Trails Program (RTP) grant funds to partially recover future construction costs of the Riverpath. The RTP provides funds annually for recreational trails and trails-related projects. If awarded the funds, the City will be required to provide a local match which is based on the total estimated cost of the project. The maximum amount of RTP funds allowed for each project is up to 88%, in which case the City will be responsible for providing a local match amount that is a minimum of 12%.

The total project cost is anticipated to be approximately $1,800,000, which includes $1,300,000 in construction costs. The City is seeking to apply for a RTP grant of up to 1 March 21, 2022 Item 11
City Council Agenda Report
Recreational Trails Program Grant Application
March 21, 2022

Page 2 of 2 ends

$1,162,000 (88% of construction costs) to partially offset the construction costs, with the City being required to provide $159,360 (12% of construction costs) in local match funds.

To apply for the program, the City must adopt a resolution authorizing the submittal of a grant application, which is required to be submitted to the Office of Grants and Local Services (OGALS) by April 7, 2022. If the application is approved, the City must execute a grant agreement with OGALs and submit all the necessary paperwork in order to fully satisfy the grant requirements and receive a reimbursement for the eligible construction expenses.

The final grant award is scheduled to be approved by the Federal Highway Administration-CA Division (FHWA) in summer or fall 2023. Given the tight project construction schedule due to the bird nesting season, the targeted construction start date is August 2023. It is important to note that if project construction were to begin prior to the award of funds by FHWA, the project would lose its eligibility for the grant funding.

FISCAL IMPACT:

There is no immediate fiscal impact or action required by the City Council related to this agenda item. Depending on a full or partial approval of the application, the City may receive up to $1,162,000 (88% of total construction costs) and will be required to provide a local match of up to $159,360 (minimum of 12% of the construction costs). Approval of funds to cover the local match requirement will be reviewed by City Council during the Fiscal Year 2023-2024 Operating and Capital Budget approval process.

ENVIRONMENTAL IMPACT:

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Riverpath Del Mar Extension project is on the approved list of Council’s Goal and Priorities as a Tier 2 project.

ATTACHMENTS:

Attachment A – Resolution Authorizing the Filing of RTP Grant Application 2 March 21, 2022 Item 11
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, AUTHORIZING THE FILING OF

AN APPLICATION WITH THE STATE OF CALIFORNIA FOR

GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM
WHEREAS, the “Fixing America’s Surface Transportation Act (FAST-ACT)” provides funds to the State of California for Grants to federal, state, local, and non-profit organizations to acquire, develop and/or maintain motorized and non-motorized trail Projects; and
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing Project Application under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the City of Del Mar to certify by resolution the approval of Application(s) before submission of said Application(s) to the State; and WHEREAS, the City of Del Mar wishes to file an application for grant funds from the Recreational Trails Program for the Del Mar Riverpath Extension Phase 3 Project (Project); and
WHEREAS, the City of Del Mar will enter into a Contract with the State of California to complete the Project should the funds be awarded.

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

1. Approve the filing of an Application for Recreational Trails Program funds; and

2. Certify that the Project is consistent with the City’s general plan or the equivalent planning document; and

3. Certify that the City of Del Mar has or will have available prior to commencement of any work on the Project included in this Application, sufficient funds to operate and maintain the Project; and

4. Certify that the City of Del Mar has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and

5. Appoint the City Manager as agent to conduct all negotiations, execute and submit all documents, including, but not limited to Applications, agreements, amendments, payment requests, and so on, which may be necessary for the completion of the Project; and

6. Agree to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines.
3 March 21, 2022 Item 11
Resolution No. 2022-XX

Page 2 of 2 ends

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
4 March 21, 2022 Item 11
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Kristen M. Crane, Assistant City Manager
Via Ashley Jones, City Manager
DATE: March 21, 2022
SUBJECT: Approval of a Five-Year Agreement with the County of San Diego and the San Diego County Sheriff for General and Specialized Law Enforcement and Traffic Services
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council approve a five-year agreement with the County of San Diego and the San Diego County Sheriff for General and Specialized Law Enforcement and Traffic Services (Attachment A), and authorize the City Manager to execute the contract.

BACKGROUND
The City has contracted with the San Diego County Sheriff for law enforcement services since its incorporation in 1959. The City’s current agreement for law enforcement services was for a five-year period which began on July 1, 2017, and will expire on June 30, 2022. Based on negotiations between County Sheriff staff and representatives from the nine contract cities, there is a new proposed law enforcement services agreement that is effective from July 1, 2022 through June 30, 2027, and would allow the City to continue to receive general and specialized law enforcement and traffic services from the County Sheriff. The new proposed contract was approved by the County Board of Supervisors on January 25, 2022, and has now been routed to participating agencies for approval.

DISCUSSION/ANALYSIS
Del Mar is among nine cities in San Diego County who receive law enforcement services from San Diego County. The other eight cities are Solana Beach, Encinitas, Imperial Beach, Lemon Grove, Poway, San Marcos, Santee and Vista. The cities negotiate together as a single entity called CLETAC (Contract Law Enforcement Technical Advisory Committee) to secure a common contract with the Sheriff, with individual services tailored 1 March 21, 2022 Item 12
City Council Agenda Report
Sheriff’s Contract for 2022-2027
March 21, 2022

Page 2 of 4 ends

to each city designated in each contract’s “Attachment B.” The CLETAC arrangement has been in place for several decades and has worked very well for all parties; as it enables the Sheriff’s Department to negotiate only one agreement instead of nine, and for the contract cities, there is greater leverage for all of the cities to be working together. This is particularly important for a small city like Del Mar to be able to negotiate the same favorable terms as cities with much larger contracts, scaled proportionately to the services that Del Mar contracts for. The form of the contract and the terms are the same for each city, but each city must approve and sign it individually. The proposed contract is attached as Attachment A to this agenda report.

The City contracts for 24-hour per day, seven-day per week coverage of one Deputy Patrol Officer, which requires 5.32 full-time staff equivalents (FTEs), including relief for sick, vacation leave, and training, and one Deputy Traffic Officer for five days per week (1.27 FTE including relief). The City also receives the services of one Detective. The City receives about three-quarters of one FTE in supervisor services, consisting of Patrol, Traffic and Detective Sergeants. The total FTEs directly contracted for is 8.347, plus a proportionate share of other station management and administrative staff, like the Captain, lieutenants and administrative/support services. The City also uses overtime to direct additional enforcement efforts as needed. While the City will generally receive this level of staffing, in the case of a significant incident or emergency, the City will have the full resources of the Sheriff’s Department available to respond.

The contract includes costs for other items such as:
• Ancillary support, including the Communications Center, crime prevention, crime analysis, juvenile intervention, family protection, financial crimes, domestic violence, and homicide;
• Management support, including a proportional contribution toward costs for overall central Sheriff’s Department administration, personnel, finance, data services, and other; and
• A proportional share for space, supplies, vehicles, and equipment.

Attachment B of the agreement reflects Del Mar’s costs for each position for Fiscal Year 2022-2023, as well as ancillary support, vehicles, management support, and liability. This amount does not include overtime and directed additional enforcement that the City may request for peak activities, such as the Powerhouse Park summer concert series or Fourth of July weekend. These costs are based on the service cost for each position listed on Attachment A of the agreement.

The proposed contract establishes a fixed annual amount for the next five years, subject to variation if the City elects to subscribe for different service levels or use overtime to meet its needs. This set amount includes all costs for staffing, operation, and forecasted for Sheriff’s Department pension costs. Del Mar’s annual cost for year 1 is $2,725,482, of which approximately 83% is for law enforcement services and 17% is attributable to traffic 2 March 21, 2022 Item 12
City Council Agenda Report
Sheriff’s Contract for 2022-2027
March 21, 2022

Page 3 of 4 ends

enforcement. The table below lists the percentage costs increases for each year across all contract cities:

Compared to the current five-year agreement, these terms are much more favorable to the contract cities, including Del Mar. Specifically, the percentage increases for the current contract were 6%, 6%, 5.5%, 5%, and 4%, largely to smooth out the financial impact of retirement system changes which caused significant cost increases at the beginning of the term of the agreement.

As in the previous agreement, if a contract city were to elect to discontinue participation in the Contract Law Enforcement Program, a redistribution of overhead costs could cause the need for a readjustment for the remaining cities.

FISCAL IMPACT:

There is no immediate fiscal action to be taken by the City Council related to this agenda item. Funds for law enforcement services are already included in the approved operating budget for FY 2022-23, and are nearly sufficient to cover the $2,725,483 contract cost for FY 2022-23. This reflects a cost increase of approximately 1% more than the cost for this current fiscal year. The amount included in the budget for FY 2022-23 will need to be increased by $2,053. For FY 2023-24, the estimated cost is $2,820,874, which reflects a

3.5% percent cost increase over FY 2022-23. Thereafter, the annual cost increases are

3.5% for years 3 through 5. Future anticipated costs are included in the City’s 30-Year Model and will be included in future adopted annual operating budgets. A summary of the estimated costs over the five-year duration of the contract is shown in the table below. (This cost does not reflect the cost for additional overtime services that the City may opt to request for peak events or activities.)
Year
Year 1 Year 2 Year 3 Year 4 Year 5
FY 2022-2023 FY 2023-2024 FY 2024-2025 FY 2025-2026 FY 2026-2027 Amount $2,725,483 $2,820,874 $2,919,605 $3,021,791 $3,127,553 Percentage
Increase 1% 3.5% 3.5% 3.5% 3.5%
Year
Year 1 Year 2 Year 3 Year 4 Year 5
FY 2022-2023 FY 2023-2024 FY 2024-2025 FY 2025-2026 FY 2026-2027 Percentage
Increase 1% 3.5% 3.5% 3.5% 3.5%
3 March 21, 2022 Item 12
City Council Agenda Report
Sheriff’s Contract for 2022-2027
March 21, 2022

Page 4 of 4 ends

ENVIRONMENTAL IMPACT:

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This project is an operational item and does not relate to the City Council’s Goals and Priorities.

ATTACHMENTS:

Attachment A – Proposed Sheriff’s Contract for FY 22-23 through FY 26-27 4 March 21, 2022 Item 12
1 AGREEMENT BETWEEN THE CITY OF DEL MAR,

THE COUNTY OF SAN DIEGO, AND

THE SAN DIEGO COUNTY SHERIFF

FOR MUNICIPAL LAWENFORCEMENT SERVICES
This Agreement is between the City of Del Mar, a municipal corporation, hereinafter referred to as "CITY" and the County of San Diego, a political subdivision of the State of California, hereinafter referred to as "COUNTY", for services to be provided by the San Diego County Sheriff, hereinafter referred to as "SHERIFF".

RECITALS
WHEREAS, COUNTY through SHERIFF provides public safety services throughout the County of San Diego and is equipped and will do so to the extent and in the manner hereinafter provided; and WHEREAS, CITY is a municipal corporation of the State of California within the County of San Diego and desires to obtain general and specialized law enforcement and traffic services; and WHEREAS, Sections 51300-51308, 51350, 55632, and sections 54980 et seq. of the California Government Code authorize COUNTY and CITY to contract for performance of Sheriff services within the CITY; and
WHEREAS, COUNTY through SHERIFF currently provides municipal law enforcement services to CITY pursuant to an agreement dated July 1, 2017; and WHEREAS, CITY and COUNTY through SHERIFF desire to enter into a new agreement with provisions concerning the nature and extent of municipal law enforcement services to be provided to CITY and establishing the compensation to be paid therefore; and WHEREAS, COUNTY acknowledges that CITY requires standards of performance that demonstrate professional excellence both in the execution of duties and in the interpersonal relations with CITY employees and all persons utilizing the services of CITY; and WHEREAS, the Board of Supervisors on January 25, 2022 authorized the Clerk of the Board to accept and execute this Agreement for Municipal Law Enforcement Services; and WHEREAS, the City Council for the City of Del Mar on March 21, 2022, authorized the City Manager to accept and execute this Agreement for Municipal Law Enforcement Services; and NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, COUNTY and CITY jointly intend that CITY will fund and COUNTY will provide municipal law enforcement services, as set forth in this Agreement. 5 March 21, 2022 Item 12
2 AGREEMENT
I. PURPOSE AND INTENT
The purpose of this Agreement is for COUNTY to provide municipal law enforcement services to CITY per California Government Code Section 51300-51308, 51350 and 54980, et seq. This Agreement is effective for its term beginning as set forth in Section III. A, regardless of approval date by the parties and supersedes and replaces the agreement between COUNTY and CITY for the period of July 1, 2017 through June 30, 2022, including all attachments, insofar as that agreement relates to provisions of municipal law enforcement services to CITY.

II. SCOPE OF SERVICES
COUNTY through SHERIFF shall provide municipal law enforcement services to CITY as follows:

A. Method of Service Delivery
SHERIFF will maintain a Law Enforcement Services Bureau, which will be responsible for performance of COUNTY's obligations under this Agreement. Municipal law enforcement services will be staffed as described in Section IV, Standards of Services. These services shall be provided from SHERIFF's existing stations and other such facilities as COUNTY or the CITY may hereafter acquire.

B. Law Enforcement Services
COUNTY through SHERIFF will provide municipal law enforcement services ("Law Enforcement Services") to CITY as outlined in Attachment B. Law Enforcement Services consist of enforcement of the California Penal Code, the California Vehicle Code, and pertinent regulatory ordinances as adopted by the City Council of CITY, as well as direct supervision of law enforcement personnel assigned to provide Law Enforcement Services to CITY; all to the extent necessary and appropriate to meet the Standards of Services 6 March 21, 2022 Item 12
3 described in Section IV. Staffing for Law Enforcement Services shall be provided in Section IV.D of this Agreement.

C. Ancillary Services
The following ancillary services will be provided to CITY as an integral part of the law enforcement services described above and are included in the cost of such services: crime prevention, juvenile intervention, financial crimes, homicide, domestic violence, communication, information technology support, and clerical support.

D. Regional Services
In addition to the services listed above, the following regional services are provided to CITY at no cost: Special Enforcement Detail (SED); Aerial Support to Regional Enforcement Agencies (ASTREA); Bomb/Arson; Search and Rescue; Fire/Rescue helicopter; Crime Lab; and Property and Evidence.

E. Search and Rescue Responsibility
The COUNTY and the CITY agree that some rescues are the responsibility of and will be performed by the SHERIFF while other rescues are the responsibility of and will be performed by the CITY's public safety services. In many instances, rescues will be conducted in a joint operation involving both the SHERIFF and the CITY's emergency response personnel.

F. Reserve Program
The SHERIFF, in partnership with the CITY, will take active steps to recruit individuals to participate in the Reserve Program.

G. Additional Services

1. General
COUNTY through SHERIFF may provide supplemental Law Enforcement Services or additional related equipment and supplies as requested by CITY. Additional Services 7 March 21, 2022 Item 12
4 not covered under Law Enforcement Services may include, but are not limited to, added patrol or traffic services required for special events such as street fairs, concerts, movie productions and other third-party promotions.

2. Requests
Requests for Additional Services shall be made to SHERIFF by CITY through the SHERIFF'S Station Commander or their designee and shall be made in writing or, if made in person or by telephone, shall be confirmed in writing by the requestor within forty-eight (48) hours of the request. CITY shall provide SHERIFF with as much advance notice as possible regarding requests for Additional Services.

3. Provision of Additional Services
SHERIFF shall advise CITY promptly and shall confirm in writing if SHERIFF is unable to provide some or all of any requested Additional Services. If SHERIFF is able to provide some or all of the requested Additional Services, SHERIFF shall promptly advise CITY in writing of the estimated costs of the services. Unless CITY disapproves in writing of an estimate provided by SHERIFF, SHERIFF shall provide such Additional Services to CITY and shall be reimbursed for the actual cost of providing the Additional Services subject to Section V.B.2. COUNTY shall delegate the authority to SHERIFF to approve additional services consistent with the intent of this provision.

4. Identification
COUNTY and CITY acknowledge and agree that it is impractical to specify in this Agreement each and every category of Additional Services that might be desired by CITY, and that the parties will reasonably cooperate in identifying and addressing such potential Additional Services within the scope of Law Enforcement Services. 8 March 21, 2022 Item 12
5 H. Emergencies

1. General
Notwithstanding any other provisions of this Agreement, in the event of an emergency occurring within CITY, SHERIFF shall take any and all actions reasonably necessary or appropriate to respond to the emergency, to include appropriate referrals to, and coordination with, other law enforcement agencies.

2. Temporary Duties
SHERIFF's personnel assigned to perform services for CITY under this contract ("SHERIFF's contract city personnel") may be required to perform temporary duties outside the scope of this Agreement. For the purpose of this Agreement, "temporary duties" shall include, but not be limited to, assignments necessitated by a public safety emergency or other exigent circumstances required under "mutual aid" agreements.

3. Redeployment of Staff
During the period of any public safety emergency or exigent circumstance such as responding to mutual aid requests, SHERIFF's contract city personnel may be temporarily redeployed for emergency response. If reasonable and practical, SHERIFF shall notify the City Manager for the CITY and discuss the redeployment prior to reassignment. If the public safety emergency or exigent circumstance such as requests for mutual aid demand immediate redeployment, SHERIFF need not notify the City Manager in advance, but shall do so as soon as practical.

III. TERM OF AGREEMENT
A. Term
The term of this agreement shall commence at midnight July 1, 2022, and shall continue in effect through and terminate at midnight of June 30, 2027, subject to the termination provisions in Section III.B. below.
9 March 21, 2022 Item 12
6 B. Termination
Notwithstanding any other section or provisions of this Agreement, either party hereto may terminate this Agreement by giving a one-year advance written notice of intention to terminate.

IV. STANDARDS OF SERVICE
A. Anticipated Service Outcome
The anticipated outcome of law enforcement services provided by COUNTY through SHERIFF to CITY under this Agreement is the provision of efficient and effective police protection and the performance of all duties as required by law or contract. These duties include patrol, traffic, general and specialized investigations, crime prevention, crime analysis, criminal intelligence, narcotics enforcement, emergency services, licensing, crime lab and communications.

B. Performance Standards
COUNTY through SHERIFF shall provide CITY with qualified personnel to meet the following performance standards and scope of service:

1. General
All SHERIFF personnel who provide municipal law enforcement services to CITY pursuant to this Agreement shall have met the minimum qualifications designated for their specific classification, including a background investigation.

2. Patrol Services
COUNTY through SHERIFF shall provide patrol law enforcement services. To the extent such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily provide enforcement of the California Penal Code, the California Vehicle Code, and pertinent regulatory ordinances as adopted by the City Council of CITY.
10 March 21, 2022 Item 12
7 3. Traffic Services
COUNTY through SHERIFF shall provide traffic services. To the extent that such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily provide enforcement of the California Vehicle Code and pertinent traffic regulatory ordinances as adopted by the City Council of CITY, accident investigations, analysis of traffic related problems of CITY, and cooperate with various CITY departments to obtain solutions to the traffic problems of CITY.

4. Special Purpose Officers
COUNTY through SHERIFF shall provide problem solving services via the Special Purpose Officer (SPO). To the extent such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily be to identify and resolve problems of both a criminal and non-criminal nature for a designated geographic area through investigation, patrol support, coordination of departmental resources and cooperation with various CITY departments.

5. School Resource Officers
COUNTY through SHERIFF shall provide school resource services via the School Resource Officer (SRO). To the extent such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily provide enforcement and follow up investigation on school property for violations of the Penal Code of the State of California, the California Vehicle Code, and the California Education Code and cooperate with school administration, faculty, students, and parents to obtain solutionsto problems of the school district. To the extent possible, the SRO will participate in positive student activities in the community to build trusting and respectful relationships with students, families, and staff. The SRO will collaborate with school-based community organizations, parent-teacher organizations, and student government to develop opportunities for 11 March 21, 2022 Item 12
8 positive activities, such as mentoring programs, community coalitions or task forces.

6. Community Service Officers
COUNTY through SHERIFF shall provide community services via the Community Service Officer (CSO). To the extent such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily provide response/information to citizen inquiries, completion of minor reports, fingerprinting, traffic direction, parking enforcement, vehicle abatement, crime prevention education and enforcement of pertinent regulatory ordinances as adopted by the City Council of CITY.

7. Detectives
COUNTY through SHERIFF shall provide follow-up criminal investigative services via the Detective position. To the extent such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily be to investigate crime reports submitted by Patrol Officers, Community Service Officers, Special Purpose Officers or other personnel. Detectives are responsible for classifying and closing cases, identifying suspects, gathering evidence, making arrests, submitting cases for prosecution, and supporting said prosecution with needed supplemental investigation.

8. Retired-Rehired Deputies
COUNTY through SHERIFF shall, to the extent such personnel are available, make available Retired Deputies. Such Retired-Rehired Deputies are eligible for short-term assignments or assignments requiring specialized skills or knowledge on a temporary basis to CITY. Such Retired-Rehired Deputies are not available for routine Patrol, Traffic, Detective,or Special Purpose Officer services and are limited by State Law and Retirement System policy to working a maximum of 960 hours per fiscal year. 12 March 21, 2022 Item 12
9 C. Assignment of Personnel

1. Sheriff's Responsibility
The management, direction, supervision and discipline of SHERIFF personnel, the standard of performance, and all other matters incident to the performance of services, shall be performed by and be the responsibility of COUNTY through SHERIFF in SHERIFF's sole but reasonable judgement and in accordance with the provisions of applicable labor agreements. SHERIFF shall be the appointing authority for all personnel provided to CITY and shall have complete discretion as to the assignment of all individual SHERIFF'S personnel under this Agreement.

2. Transfers and Selection of Station Commanders
SHERIFF will consult with CITY prior to reassignment of the station commander serving CITY and CITY will be afforded the opportunity to interview potential candidates prior to one being selected as the Station Commander of the station serving CITY. SHERIFF will solicit input from CITY when completing Station Commander's performance review. CITY and SHERIFF acknowledge that the length of assignment of the Station Commander serving CITY cannot be precisely defined; however, SHERIFF will endeavor to maintain the Station Commander serving the CITY in that assignment for 24 months.

3. Other Staff Assignments
If CITY has specific concerns regarding the actions of any deputy, agent or employee who performs Law Enforcement Services, CITY may address those concerns with the Station Commander serving CITY.

4. Liability for Payment of Wages
CITY shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to persons engaged in COUNTY's performance of this Agreement.
13 March 21, 2022 Item 12
10 D. Staffing for Basic Services
COUNTY through SHERIFF shall staff CITY as described in Attachment B in order to provide Law Enforcement Services. SHERIFF shall ensure that adequate numbers of qualified SHERIFF personnel are provided to CITY at all times during the term of this Agreement to meet the Law Enforcement Services, Scope of Services and Standards of Service commitments set forth herein, at no less than the staffing and classification levels established in the most current Attachment B. SHERIFF shall use best efforts to fill CITY funded position vacancies within a reasonable period of time.

E. Changes in Staffing
CITY shall provide COUNTY through SHERIFF 60 days advance notice when requesting changes in staffing. If CITY and SHERIFF agree that changes to the staffing level for Law Enforcement Services are needed and/or agree that staff additions or deletions in CITY are necessary in order to provide adequate levels of Law Enforcement Services in the succeeding contract year, COUNTY shall provide an updated Attachment B to the CITY. The level of service shall not be changed without the mutual consent of the SHERIFF and CITY.

F. Vehicles, Equipment, and Supplies
COUNTY shall provide all supplies, equipment and materials required for performance of the required law enforcement services; except that the CITY shall, at its own expense, supply any special stationery, supplies, notices, or forms which are to be issued in the name of the CITY.

COUNTY agrees to provide the standard equipment for CITY vehicles per Attachment E. All marked vehicles (black and white) will generally be replaced at 100,000 miles. Vans and sedans will generally be replaced at 100,000 miles. Motorcycles will be replaced as needed at COUNTY's discretion.

The name of the city and city seal will be included on the doors of patrol cars if requested by the CITY. The CITY shall provide their CITY decal in the size requested by the SHERIFF.

Subject to written approval of the SHERIFF or their designee, the CITY may purchase 14 March 21, 2022 Item 12
11 equipment deemed necessary to facilitate program implementation or operation. If the COUNTY does not accept ownership of the equipment, the purchase price and all ongoing costs will be the responsibility of the CITY. If the COUNTY accepts in writing, such equipment becomes the property of the COUNTY, and the CITY shall be credited the total cost for the equipment. Total cost shall mean a value agreed upon between COUNTY and CITY at the time the transfer is made.

The cost of any vehicles that are leased or rented for the benefit of the CITY, shall be the CITY's responsibility.

G. Asset Ownership

1. Vehicles
Vehicle ownership will be retained by the entity (CITY or COUNTY) that purchased the vehicle and is currently carrying ownership via the vehicle registration.

2. Office Equipment
Office equipment (desks, chairs, computers, etc.) ownership will be retained by the entity (CITY or COUNTY) that purchased the equipment and is currently carrying ownership on the entity's inventory.

3. Safety Equipment
Safety equipment (firearms, uniforms, leather gear, etc.) ownership will be retained by the COUNTY.

4. Facilities
CITY shall retain ownership of facilities that CITY constructed for the purpose of use as a Sheriff's station. SHERIFF's payment to CITY is a lease payment only.

H. Memberships

1. For each year that this Agreement is in effect, CITY agrees to maintain its membership in the Automated Regional Justice Information System Joint Powers Agency (ARJIS).

2. For each year that this Agreement is in effect, CITY agrees to maintain its membership 15 March 21, 2022 Item 12
12 in the Regional Communications System (RCS).

3. For each year that this Agreement is in effect, CITY agrees to maintain its participation in the California Identification System Remote Access Network (CAL-ID).

I. Contract Administration

1. County Representative
COUNTY designates SHERIFF or their designee to represent COUNTY in all matters pertaining to the administration of the Agreement.

2. City Representatives
CITY designates its City Manager or their designee to represent CITY in all matters pertaining to the administration of the Agreement.

3. Meetings between City and Sheriff
The Sheriff or their designee shall be available to confer with the City Manager or their designee whenever feasible, practical, and not in conflict with mandated duties and responsibilities. The Sheriff and/or Undersheriff and the Assistant Sheriff will meet with the City Managers as a group twice each year to discuss the law enforcement contract. CITY and COUNTY shall provide full cooperation and assistance of its officers, agents, and employees to each other in the performance of this contract.

4. Implementation of New Programs
The COUNTY will discuss the implementation of any new programs with the CITIES.

The COUNTY will provide the justification and value to CITY for the program and estimates of the cost impact. Such programs, if resulting in additional costs to CITY will only be implemented after discussion with the CITY.

5. CLETAC
CITY, along with other cities within San Diego County entering into contracts for law enforcement services similar to this Agreement ("CITIES") shall maintain a Contract 16 March 21, 2022 Item 12
13 Law Enforcement Technical Advisory Committee (CLETAC). The Law Enforcement Services Bureau Assistant Sheriff, Law Enforcement Commanders and Sheriff's Contracts Manager shall meet with the committee on at least a semi-annual basis to review contract administration including contract interpretation, costs, and liability.

Additional meetings can be scheduled at the request of either party.

J. Audit and Inspection of Records
COUNTY agrees that records generated under this agreement shall be made available to CITY to audit and examine. CITY agrees that any such audit will be arranged by contacting the Sheriff's Contracts Manager in writing at least ten (10) working days prior to the commencement of the audit and shall be conducted during normal working hours. CITY through its City Manager shall have access to reports and other documents pertaining to this Agreement including statistical reports on crime rates, traffic incidents and calls for service within CITY.

K. Reporting Requirements
CITY will receive monthly reports that provide information with respect to staffing, crime statistics, traffic statistics, programs, and patrol activities V. COST OF SERVICES/CONSIDERATION
A. General
As full consideration for the satisfactory performance and completion by COUNTY through SHERIFF of the Law Enforcement Services set forth in this Agreement, CITY shall pay COUNTY for the services agreed to on the basis of invoices and submittals as set forth hereunder.

B. Personnel Costs

1. Law Enforcement Services
The cost of a Law Enforcement Services position includes amounts that compensate COUNTY for all absences due to compensatory time off, bereavement, family, injury, 17 March 21, 2022 Item 12
14 military, sick leave, holidays, jury duty, leave without pay, related training, and vacation but does not provide coverage or include costs required to maintain coverage for Law Enforcement Services during such absences. If, however, there is an individual absence or vacancy of more than 60 calendar days, CITY is not required to compensate the COUNTY from the 61
st day until the position is staffed/filled. In the event that a vacancy was created due to a promotion or competitive position, COUNTY is not required to credit CITY for such vacancy as these types of vacancies are considered to be a natural progression in SHERIFF personnel's career path.

2. Additional Services
CITY shall compensate COUNTY for Additional Services requested and approved by CITY in accordance with Section II.G, based upon the actual costs incurred by SHERIFF to provide those services.

C. Cost Model Components

1. Cost Model Development
A cost model including each station showing the direct, station support, space and overhead costs for both the CITY and COUNTY shall be developed.

2. Direct Staff Costs
CITY shall pay for direct staff, which includes:
a) Deputies
b) Detectives
c) Sergeants
d) Community Service Officers
e) Vehicles
f) Handheld Radios
18 March 21, 2022 Item 12
15 3. Station Support Staff Costs
CITY shall pay for station support staff, which includes:
a) Lieutenants
b) Captains
c) Administrative Secretary I & II
d) Office Assistants
e) Office Support Specialists
f) Property & Evidence Specialists
g) Sr. Office Assistants
h) Stock Clerks
All Station Support costs shall be allocated between the COUNTY and the CITY (or CITIES) occupying the station based on their number of deputies, detectives, sergeants, and community services officers in that station.

4. Law Enforcement Direct Support Costs
CITY shall pay for law enforcement support, which includes:
a) Crime Prevention Coordination
b) Criminal Intelligence Detail
c) Traffic Coordinator
d) Family Protection Detail
e) Central Operations Detail
f) Elder Abuse Unit
g) Domestic Violence Unit
h) Homicide
i) Communications Center
j) Sheriff's Analysis Group
k) Video Analysis Unit
19 March 21, 2022 Item 12
16 l) Law Enforcement Command
m) Sheriff Fleet Allocation
n) IT Outsourcing Allocation
o) Facilities Allocation (Actual per Station)
All Law Enforcement Direct Support costs shall be allocated between the COUNTY and the CITY (or CITIES) occupying the station based on their number of deputies, detectives, sergeants, and community services officers in that station.

5. Overhead (Indirect Costs)
CITY shall pay for overhead (indirect costs), which includes:
a) Budget & Revenue Management
b) Financial Services
c) Data Services
d) Contracts Management
e) Wireless Services Division
f) Personnel
g) Payroll
h) External Costs- Cost Allocation Plan
All Overhead costs shall be allocated between the COUNTY and the CITY (or CITIES) occupying the station based on their number of deputies, detectives, sergeants, community services officers, and station support staff in that station.

6. Overhead Allocation Date
The staffing of each city on May 1st and any requested adjustments shall be used to allocate Station Support staff and apply Overhead, for contract year starting the following July 1
st
.
20 March 21, 2022 Item 12
17 7. Staff Added After May 1st
For positions added after May 1st,the CITY will pay the direct cost of the added position, along with the current Fiscal Year Indirect Cost Rate Proposal (ICRP) applied to the Salaries and Benefits of the added position. The ICRP rate is developed by the Sheriff's Department each fiscal year. The methodology and rate are then approved by the County of San Diego's Auditor and Controller's office. If the start date of the newly added position is after the 1st of the month, the Salaries and Benefits will be pro-rated, and the ICRP will then be applied. The calculation for pro-rating the Salaries and Benefits of a position shall be the direct annual cost of the position multiplied by the number of days in the month since the position was added and then divided by 365 days.

8. Positions Deleted After May 1st
If a CITY deletes a position after May 1st, the City will be credited the pro-rated portion of the direct cost of the position, along with a credit for the Indirect Cost Rate Proposal (ICRP) applied to the Salaries and Benefits of the deleted position. The calculation for pro-rating the Salaries and Benefits of a position shall be the direct annual cost of the position multiplied by the number of days in the month since the position was deleted and then divided by 365 days.

D. Costs

1. Basis for Year One Direct and Station Support Staff Costs The basis for year one Salaries and Benefits costs for Direct and Station Support Staff of this agreement is the cost of Direct Staff and Station Support Staff from year five of the previous contract (July 1, 2017 – June 30, 2022) with a 1% fixed price increase applied.

2. Fixed Cost Increase for Years Two Through Five
Cost increases for each CITY will be 1% in year two, 3.5% in year three, 21 March 21, 2022 Item 12
18 3.5% in year four, and 3.5% in year five of this agreement. The cities will pay the applicable contract year's percentage increase regardless of the actual cost increase or decrease. Adjustments for any changes in the future contract year will be made after applying the fixed percentage increase.

E. Liability

1. Agreement Years One, Two, Three, Four and Five
The CITIES will pay a total of $1,875,453 per year. This amount shall be allocated to each CITY based on the number of deputies, detectives, sergeants, community service officers, lieutenants, and captains assigned to the CITY.

2. Reopener
During year three of this agreement, either party may request a meeting to discuss liability costs. All changes require the consent of both parties.

F. Rate of Compensation

1. First Year
For the first year of this Agreement, CITY will compensate COUNTY for provision of the Law Enforcement Services in an amount equal to the fiscal year base amount set forth in Attachment B effective July 1, 2022.

Included in this amount will be a liability cost as set forth in Section V.E. In addition to the charges for Law Enforcement Services, CITY will compensate COUNTY for Additional Services as set forth inSection V.B.2, above.

2. Subsequent Years
a. Cost Detail
By April 1st of each year, SHERIFF shall provide CITY with service costs for the upcoming fiscal year (July 1 through June 30). The cost 22 March 21, 2022 Item 12
19 for services provided by SHERIFF shall be based upon the agreed fixed price increase for the respective agreement year, as defined in Section V.D.2 of this agreement. SHERIFF will provide CITY with a current Attachment A that reflects the new fiscal year service costs. b. Level of Service
By May 1st of each year, CITY shall determine the level of Law Enforcement Services as defined in Section IV.B required within CITY for the upcoming fiscalyear (July 1 through June 30).

SHERIFF will be responsible for setting minimum staffing levels for each CITY to ensure both deputy and public safety.

At a minimum, such service shall include the availability of one continuous twenty-four hour per day patrol unit and one continuously available eight and one-half hour, seven days a week, traffic unit. c. Updated Total Cost for Requested Level of Service
By June 1
st of each year, COUNTY shall prepare an updated
Attachment B, based upon the level of service for the upcoming fiscal year (July 1 through June 30) and the total cost of such services as determined in accordance with Section V.C and V.D, above. Attachment B shall be effective July 1st and shall be made a part of this Agreement. CITY shall compensate COUNTY as set forth in Attachment B including any mid-year adjustments as defined in section V.G below, and shall also compensate COUNTY for Additional Services as set forth inSection V.B.2, above.
d. Mandated Costs
CITY shall pay all costs which are mandatory as of the effective date 23 March 21, 2022 Item 12
20 of this agreement for any law enforcement agency to pay pursuant to state or federal statute or case law, if such costs are not included in the agreed-to costs stated in Attachment B. Further, CITY shall pay any mandatory costs that shall become operational during the term of this Agreement.

G. Mid-Year Adjustments to Basic Services
With 30 days advance notice, either party may propose amendments or modifications to this Agreement. Such changes, including any increase or decrease in the level of service, which are mutually agreed upon by and between COUNTY and CITY shall be effective when incorporated in a revised Attachment B and approved by both the COUNTY through the SHERIFF and CITY.

H. Method of Payment, Proportional Payment, Credits

1. Monthly Invoices
COUNTY shall invoice CITY monthly for services received (1/12 of annual costs). CITY, within 30 days from the date of the invoice, shall pay to the County Treasurer, through the SHERIFF at 9621 Ridgehaven Court, San Diego, CA 92123, for costs of the services agreed upon as reflected in Attachment B.

2. Billing for Additional Services
Additional Services that have been agreed to by the parties and provided by SHERIFF to CITY, shall be billed in addition to those listed above. CITY agrees to pay the actual cost of such services so requested.

3. Credits
a. Vacancies and Absences
SHERIFF will provide CITY a credit for any individual absence or vacancy extending beyond 60 calendar days, as outlined in section V.B.1 above. SHERIFF will deduct the amount of the credit from the total 24 March 21, 2022 Item 12
21 amount billed on the CITY's monthly invoice.
b. Towing Fees
CITY shall be given credit for towing fees collected under California Vehicle Code section 22850.5. The monthly towing fees will be deducted from the CITY's monthly invoice.

I. Booking Fees/Jail Access Fee
Effective July 1, 2007, in lieu of charging CITY booking fees, COUNTY will receive an annual appropriation from the State. COUNTY may charge a "jail access fee" for certain low-level offenses (municipal code violations and misdemeanor violations except driving under the influence, domestic violence offenses, and enforcement of protective orders), for each bookingin excess of CITY's three-year average of such bookings (recalculated annually). In the event that the State reduces its annual appropriation, COUNTY may reinstate booking fee in accordance with Government Code sections 29550-29552.

J. Distribution of Fines and Forfeitures
All personnel provided by SHERIFF in the performance of the services of this Agreement for CITY shall be COUNTY officers and employees, but shall be deemed officers and employees of CITY for the sole purpose of distributing fines and forfeitures pursuant to Penal Codesection 1463.

K. Forfeited Property and Assets
Any property retrieved in CITY by SHERIFF'S personnel such as unclaimed stolen goods or revenue generated by the sale of such property by COUNTY shall be made available to CITY net of allowable expenses, at first option to retain for CITY purposes. Assets seized through the Asset Forfeiture process by SHERIFF's personnel within CITY as a result of self-initiated activities or calls for service shall be shared with CITY according to current Federal Asset Seizure 25 March 21, 2022 Item 12
22 Guidelines.

L. Availability of Funding
All terms and conditions of this Agreement are subject to the continued appropriations andavailability of funds for either party for the performance of the services stated herein.

VI. DEFENSE AND INDEMNIFICATION
A. Indemnification Related to Workers' Compensation and Employment Issues COUNTY shall fully indemnify and hold harmless CITY, its officers, employees and agents, from any claims, losses, fines, expenses (including attorney's fees and court costs or arbitration costs), costs, damages, or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of COUNTY or any contract labor provider retained by COUNTY, or (2) any claim, demand, suit or other proceeding arising from or related to, or claimed to arise from or relate to, the status or employment (including without limitation compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of COUNTY or any contract labor provider retained by COUNTY.

CITY shall fully indemnify and hold harmless COUNTY, its officers, employees and agents, from any claims, losses, fines, expenses (including attorney's fees and court costs or arbitration costs), costs, damages, or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of CITY or any contract labor provider retained by CITY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is 26 March 21, 2022 Item 12
23 brought by an employee of CITY or any contract labor provider retained by CITY.

B. Defense and Indemnity; Acts and Omissions

1. Claims, Actions or Proceedings Arising From Acts or Omissions of COUNTY COUNTY hereby agrees to defend and indemnify the CITY, its agents, officers, and employees, from any claim, action or proceeding against CITY, arising out of the acts or omissions of COUNTY in the performance of this Agreement, only where asserted CITY liability is based solely on all of the following three circumstances:
(1) The incident giving rise to the claim or suit arose out of the CITY's contractual relationship with COUNTY under this Agreement; (2) The incident giving rise to the claim or suit is alleged to have occurred within the boundaries of CITY and there is no “dangerous condition” allegation against the CITY; and
(3) The conduct alleged to be that of the CITY is, in fact, COUNTY conduct.

At its sole discretion, CITY may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve COUNTY of any obligation imposed by this Agreement. CITY shall notify COUNTY promptly of any claim, actionor proceeding and cooperate fully in the defense.

2. Claims, Actions or Proceedings Arising From Acts or Omission of CITY CITY hereby agrees to defend and indemnify the COUNTY, its agents, officers, and employees, from any claim, action or proceeding against COUNTY, arising out of the acts or omissions of CITY in the performance of this Agreement. At its sole discretion,COUNTY may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve CITY of any obligation imposed by this Agreement. COUNTY shall notify CITY promptly of any claim, action orproceeding and cooperate fully in the defense.

3. Claims, Actions or Proceedings Arising From Concurrent Acts or Omissions COUNTY hereby agrees to defend itself, and CITY hereby agrees to defend itself, from any claim, action or proceeding arising out of the concurrent acts or omissions of COUNTY and CITY. In such cases, COUNTY and CITY agree to retain their own 27 March 21, 2022 Item 12
24 legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in section VI.B.5 below (referring to joint defense agreements and reimbursement and/or reallocation).

4. Claims Investigation and Procedure for Determination of Duty to Defend and Indemnify
If the COUNTY and/or CITY receive a claim or claims containing a description of circumstances, and/or are served with a complaint containing allegations, that the actions and/or omissions of the COUNTY and CITY in the performance of this Agreement contributed to the injuries and/or damages alleged in the complaint, the COUNTY shall look beyond the mere description of circumstances or allegations to determine whether CITY acts, omissions or dangerous conditions of CITY property may have contributed to the injuries and/or damages alleged in the complaint, notwithstanding the allegations. The COUNTY, consistent with its long-standing practice, shall review the information in any COUNTY claims file, including investigative materials of the factual circumstances underlying the complaint's allegations and/or available law enforcement agency incident reports.

If the COUNTY review determines that there are no facts supporting any viable theory of liability alleged in the complaint against the CITY, the COUNTY shall defend and indemnify the CITY pursuant to the provisions in section VI.B.1 above. However, if as result of the COUNTY review, there appears to be a reasonable basis for concluding that CITY acts, omissions or dangerous conditions of CITY property may have contributed to the injuries and/or damages alleged in the complaint, COUNTY shall, as soon as practicable contact the appropriate CITY representative to discuss COUNTY's findings. If, after the discussion with CITY representative, the COUNTY is convinced that CITY was not involved, the COUNTY shall defend and indemnify the CITY pursuant to the provisions in section V1.B.1, above. However, if there continues to appear to be a 28 March 21, 2022 Item 12
25 reasonable basis for concluding that CITY acts, omissions or dangerous conditions of CITY property may have contributed to the plaintiff's injuries and/or damages alleged in the complaint, the COUNTY will notify CITY that the COUNTY, pursuant to the provisions of this Agreement, is not obligated to defend and indemnify CITY under section VI.B.4a, above. When the COUNTY defends a claims or suit pursuant to section VI.B.1, above, the CITY shall cooperate with COUNTY in thedefense of the action of claim.

5. Joint Defense
Notwithstanding section VI.B.4 above, in cases where COUNTY and CITY agree in writing to a joint defense, COUNTY and CITY may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of CITY and COUNTY. Joint defense counsel shall be selected by mutual agreement of COUNTY and CITY. COUNTY and CITY agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as follows: COUNTY and CITY further agree that neither party may bind the other to a settlement agreement without the written consent of both COUNTY and CITY. Where a trial verdict or arbitration award, in a joint defense case, allocates or determines the comparative fault of the parties, COUNTY and CITY may seek reimbursement and/or reallocation of defense costs, judgements and awards, consistent with such comparative fault.

VII. GENERAL PROVISIONS
A. Independent Contractor Status
In the performance of services under this Agreement, COUNTY and their respective officers, agents and/or employees shall be deemed independent contractors and not officers, agents, or employees of CITY. All such personnel provided by COUNTY under this Agreement are under the direct and exclusive supervision, daily direction, and control of COUNTY and COUNTY assumes full responsibility for the actions of such personnel in the performance of 29 March 21, 2022 Item 12
26 services hereunder.

CITY and COUNTY acknowledge and agree that CITY does not control the manner and means of performing the work of COUNTY's officers, agents, or employees who perform LawEnforcement Services, and that CITY does not have the right or authority to hire, discipline or terminate such officers, agents, or employees. COUNTY has no authority of any kind to bind CITY, and CITY has no authority to bind COUNTY and/or SHERIFF in any respect whatsoever, nor shall COUNTY or SHERIFF act or attempt to act or represent itself directly or by implication as an agent of CITY, or in any manner assume or create or attempt to assumeor create any obligation on behalf of or in the name of CITY. CITY shall not act or attempt to act or represent itself directly or by implication as an agent of COUNTY, or in any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of COUNTY.

B. Notices
Any notice, request, demand, or other communication required or permitted hereunder shall bein writing and may be personally delivered or given as of the date of mailing by depositing such notice in the United States mail, first-class postage prepaid and addressed as follows; or to such other place as each party may designate by subsequent written notice to each other:

To COUNTY and SHERIFF:

Sheriff's Contracts Manager
PO Box 439062
9621 Ridgehaven Ct
San Diego, CA 92123
To: CITY
City Manager
City of Del Mar
1050 Camino Del Mar
Del Mar, CA 92014
A notice shall be effective on the date of personal delivery if personally delivered before 5:00 p.m. on a business day or otherwise on the first business day following personal delivery; or 30 March 21, 2022 Item 12
27 two (2) business days following the date the notice is postmarked, if mailed; or on the first business day following delivery to the applicable overnight courier, if sent by overnight courier for next business day delivery and otherwise when actually received.

C. Time of the Essence
Time is of the essence of this Agreement. Unless specifically stated to the contrary, all references to days herein shall be deemed to refer to business days, not to include COUNTY and CITY holidays.

D. Amendments
This Agreement may be modified or amended only by a written document signed by both COUNTY through SHERIFF and CITY. No oral understanding or agreement shall be binding on the parties. No party shall assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other parties.

E. Entire Agreement
This Agreement, including all Attachments hereto, constitute the complete and exclusive statementof agreement between COUNTY and CITY with respect to the subject matter hereof.

As such,all prior written and oral understandings are superseded in total by this Agreement.

F. Construction
Each party has had the opportunity to participate in the review of this Agreement and this Agreement will be deemed to have been made and shall be construed, interpreted, governed, and enforced pursuant to and in accordance with the laws of the State of California. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand, or limit the terms of the Agreement and shall not be construed against any one party. Each of the Attachments to this Agreement are hereby incorporated into this Agreement by this reference.

G. No Third-Party Beneficiaries
This Agreement is intended solely for the benefit of the COUNTY and the CITY. Any benefit 31 March 21, 2022 Item 12
28 to any third party is incidental and does not confer on any third party to this Agreement any rights whatsoever regarding the performance of this Agreement. Any attempt to enforce provisions of this Agreement by third parties is specifically prohibited.

H. Waiver
A waiver by COUNTY of a breach of any of the covenants to be performed by CITY, or a waiver by CITY of a breach of any of the covenants to be performed by COUNTY, shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this Agreement. In addition, the failure of either party to insist upon strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by COUNTY or CITY of either performance or payment shall not be considered a waiver of the other party's preceding breach of this Agreement.

I. Authority to Enter Agreement
COUNTY and CITY each has all requisite power and authority to conduct its respective business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

J. Cooperation
COUNTY through SHERIFF and CITY will cooperate in good faith to implement this Agreement.

K. Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.

L. Severability
This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed upon by the parties, to 32 March 21, 2022 Item 12
29 be in conflict with any law or regulation, then the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefitof this Agreement to either party is lost, then the Agreement may be terminated at the option of the affected party, with the notice as required in this Agreement. In all other cases, the remainder of this Agreement shall be severable and shall continue in full force and effect.

M. Representation
CITY's City Manager, or their designee, shall represent CITY in all discussions pertaining to this Agreement. Sheriff, or their designee, shall represent COUNTY in all discussions pertaining to this Agreement.

N. Job Actions
In the event of a work slowdown, strike, or any other form of job action by those individuals assigned to perform CITY Law Enforcement Services, COUNTY through SHERIFF agrees to provide only that minimal level of service agreed to by CITY and COUNTY, and CITY shall have no responsibility for the cost of SHERIFF's Law Enforcement Services personnel who withhold Law Enforcement Services to CITY under those circumstances.

O. Dispute Resolution Concerning Services and Payment
In the event of any dispute concerning services and payment arising from this Agreement, the Assistant Sheriff of the Law Enforcement Services Bureau and Sheriff's Contracts Manager, or their designees, and CITY's City Manager, or their designee, will meet and confer within ten (10) business days after receiving notice of the dispute in an attempt to resolve the dispute. In the event no agreement can be reached, the Sheriff, or their designee, and the CITY's City Manager, or their designee, shall meet to discuss resolution of said dispute.

P. Obligation
This AGREEMENT shall be binding upon the successors of the members of the City Council, the Mayor and the City Manager of CITY, and the members of the COUNTY Board of 33 March 21, 2022 Item 12
30 Supervisors and the SHERIFF.

IN WITNESS WHEREOF, the CITY, by resolution duly adopted by its City Council on March 21, 2022, has approved the execution of this contract by its City Manager, and the COUNTY, by order of its Board of Supervisors January 25, 2022 (2) has approved the execution of this contract on the ___ Day of ______, 2022.

CITY COUNTY OF SAN DIEGO
Ashley Jones, City Manager Clerk of the Board of Supervisors Approved by City Council Approved by Board of Supervisors Action Action
Date Date
By: By:

Approved as to form and legality Approved as to form and legality By: By:

Leslie Devaney, City Attorney County Counsel
Date Date

ATTACHMENTS TO THIS AGREEMENT
A: Services Cost
B: City Costs
C: Overhead Cost Detail
D: Lability Fund History
E: Standardized Equipment List
34 March 21, 2022 Item 12

SALARY & START UP RADIO

SERVICE CATEGORY BENEFITS COSTS REPLACEMENT
(Prorate (Full) (Prorate
if partial year) if partial year)
STAFF:

Deputy Patrol $218,638.52 $24,308.00 $627.14
Deputy Traffic $218,638.52 $24,308.00 $627.14
Deputy Motor $233,892.37 $24,308.00 $627.14
Deputy SPO $218,638.52 $24,308.00 $627.14
Detective $228,807.75 $24,308.00 $627.14
CSO $95,743.97 $13,948.00 $627.14
Sergeant $282,742.95 $24,308.00 $627.14
Lieutenants $298,985.45 $24,308.00 $627.14
Captains $348,008.22 $24,308.00 $627.14
Admin Sec II $103,933.48 $8,749.00 $0.00
Admin Sec I $88,265.16 $8,749.00 $0.00
Office Assistant $83,056.40 $8,749.00 $0.00
Office Support Specialist $100,165.83 $8,749.00 $0.00
Sr. Office Assistant $98,016.65 $8,749.00 $0.00
Sheriff's Prop & Evid Spec I $86,292.01 $8,749.00 $0.00 Dept. Aide $58,531.22 $8,749.00 $0.00
Crime & Intelligence Analyst $158,137.43 $8,749.00 $0.00 Rehire (960 program) per hour $40.00
AUTO: Ongoing Cost Per Auto
(Prorate
if partial year)
Patrol Sedan B/W $31,631.69
Patrol 4x4 B/W $38,101.95
Traffic Sedan B/W $31,631.69
Motorcycle $15,017.72
Management Sedan $14,151.45
Detective Sedan & Det. Supervisor $10,660.00
SPO - Sedan 4 Dr $10,660.00
SPO - Van $16,193.73
SPO - B&W $31,631.69
CSO - Sedan 4 Dr $10,660.00
CSO - Van $9,920.79

ATTACHMENT A

CONTRACT LAW ENFORCEMENT PROGRAM

SERVICE COSTS
FY22-23
35 March 21, 2022 Item 12
February 2022
Staff # of Unit Total
SERVICE CATEGORY Cost Staff Factor Net Cost Notes
Deputy Patrol $218,638.52 5.320 1,163,156.92
Deputy Traffic $218,638.52 0.268 58,579.60
Deputy Motor $233,892.37 1.000 233,892.37
Deputy SPO $218,638.52 - -
Detective $228,807.75 1.000 228,807.75
CSO $95,743.97 - -Sergeant Patrol $282,742.95 0.453 128,016.39 Sergeant Traffic $282,742.95 0.091 25,729.61
Sergeant Relief $282,742.95 0.090 25,446.87
Sergeant Dedicated $282,742.95 - -
Detective Sgt $282,742.95 0.125 35,342.87
Station Staff 151,866.05
Subtotal 2,050,838.42Ancillary Support 331,654.16Supply 45,220.14 Vehicles 144,082.56
Space 36,631.82Management Support 94,362.01Liability 22,693.41 Subtotal 674,644.11Adjustments: -
TOTAL AMOUNT $ 2,725,482.53
Attachment B

ATTACHMENT B
City of Del Mar
Effective 7/1/2022 through 6/30/2023
36 March 21, 2022 Item 12

COMMUNITY SERVICE OFFICER
Station Support Staff
Ancillary Support
Communications Ctr $ 9,418.47 18,836.93 $
Reserves - $ - $
Crime Prevention 2,241.31 $ 1,120.66 $
Crime Analysis 588.70 $ 294.35 $
Traffic Coordinator $ 270.06 540.11 $
Juvenile Intervention 3,290.04 $ 1,645.02 $
Family Protection 4,631.72 $ 2,315.86 $
Financial Crimes 3,377.54 $ 1,688.77 $
Domestic Violence 1,572.21 $ 786.10 $
Homicide 4,717.69 $ 2,358.85 $
Total 39,796.25 $ 19,898.14 $
Supplies
Station
Support Other $ 1,197.33 2,394.66 $
Total 2,394.66 $ 1,197.33 $
Space Cost
Space
Total - $ - $
Management Support
Admin 1,763.91 $ 881.96 $
Fiscal 1,935.08 $ 967.54 $
Personnel 3,212.05 $ 1,606.03 $
Data Services 1,704.31 $ 852.15 $
Other $ 1,150.91 2,301.81 $
Total 10,917.16 $ 5,458.59 $
Grand Total 53,108.07 $ 26,554.06 $
Note:

Deputy, Detective, CSO, Sergeant, Station Staff, Station Supplies, Space & Vehicles are calculated directly per station.

Direct Charge Now Direct Charge Now
Direct Charge Now Direct Charge Now
FY2022/2023

OVERHEAD COST DETAIL SHEET

ATTACHMENT C

DEPUTY SHERIFF & SERGEANT
Direct Charge Now Direct Charge Now
37 March 21, 2022 Item 12

ATTACHMENT D
AMOUNT
Beginning Balance 862,445.74
FY 2012/2013 258,994.88
FY 2013/2014 15,350.61
FY 2014/2015 60,289.48
FY 2015/2016 (635,636.98)
FY 2016/2017 (3,361,519.58)
FY 2017/2018 (415,590.54)
FY 2018/2019 (76,889.66)
FY 2019/2020 (181,243.76)
FY 2020/2021 (1,830,471.74)
FY2021/2022* 662,121.58
Total (4,642,149.97)
*Data as of Q1, FY21-22 ONLY

LIABILITY FUND HISTORY
38 March 21, 2022 Item 12

ATTACHMENT E
VHF Mobile radio
Mobile Handitalk VHF Mobile VRM Light Plastic
Vehicle Type Radio Radio Radio MCT's (1) Modems AVL (2) Siren Rear Seat Radar Push Bar Gunlock Winch Screen Patrol Sedan x x x x x x x x x xPatrol 4X4 (Expedition) x x x x x x x x x x xPatrol 4X4 (Pick Up) x x x x x x x x x xTraffic Sedan x x x x x x x x x x xTraffic Motorcycle x x xDetective (4-Door) x xDetective (2-Door) x xDetective (Black & white) x x x x x x x x xDetective (Van) x xCSO (Van) x x x x x (3)Supervisory Sedan x x No* x (1) Mobile Computer Terminals - purchased by Communication Center. (2) Auto Vehicle Locator(3) Amber warning light in rear deck.

STANDARDIZED EQUIPMENT LIST

PATROL STATIONS
39 March 21, 2022 Item 12

Del Mar City CouncilMarch 21, 2022

Del Mar City Council
March 21, 2022