Del Mar City Council Meeting Agenda
VIA TELECONFERENCE ONLY
1050 Camino del Mar, Del Mar, California
March 21, 2022 City Council Meeting
INFORMATION RECEIVED
AFTER THE COUNCIL AGENDA
WAS DISTRIBUTED
(“Red Dots”)
1 Melinda Gould
Subject: FW: Del Mar City Council Meeting - March 21, 2022 From: Suheil Rodriguez <[email protected]>
Sent: Monday, March 21, 2022 3:57 PM
To: Dwight Worden <[email protected]>; Sarah Krietor <[email protected]> Cc: Ashley Jones <[email protected]>; Matthew Tucker <[email protected]> Subject: Del Mar City Council Meeting - March 21, 2022
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 in receipt of the City’s response to NCTD’s comments on the LCP amendment. While NCTD agrees that the Del Mar Wye parcel (APN 299-071-02) as depicted in Exhibit A was selected as part of those parcels where multiple dwelling unit development is prohibited by Coastal Commission; it reiterates and maintains, 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 in its reasoning for the change to the NC zone. 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.
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 21, 2022 Item 04
City of Del Mar
Memorandum
________________________________________________________________________________________________________ TO: Honorable Mayor and City Council Members
FROM: Kseniia Izgarskaia, Management Analyst
DATE: March 21, 2022
SUBJECT: Red Dot Item 7: Sustainability Advisory Committee Appointments Item 7 on the March 21, 2022 City Council agenda is Council Liaisons’ recommendation of appointments to the Sustainability Advisory Committee. Following the distribution of the Council packet, an error was discovered in one of the recommended appointees’ names. The recommendation section of the agenda report is hereby being corrected to read:
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 Strowbridge Watson to the Committee as a nonvoting, 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. 1 March 21, 2022 Item 07
CITY COUNCIL AGENDA QUESTIONS
MARCH 21, 2022
Item 1 – March 7, 2022 Regular Meeting Minutes
The March 7 minutes say: “Mayor Worden read the titles of the items included on the Consent Calendar;" however, the City Clerk did that.
Answer: Staff will make this administrative correction in the final approved minutes.
Item 5 – Authorization of a Resolution to Accept Housing Acceleration Grant Funds
1. On the HAP money and the related work program/tasks: How are we planning to engage our community in this process? At the moment we don't have a citizen Housing Task Force. Is there time, and HAP or other funding, available for community engagement?
Answer: Public outreach and community engagement will be a part of the process and tied to the two main components of this grant: Phase I feasibility studies/Fairgrounds strategy and Phase II studies/incentives (commercial zones, multi-unit zones, and ADUs). The first public participation opportunity will be at City Council when we bring forward the report with the findings of the Phase I feasibility studies relating to the publicly owned properties (Fairgrounds, 10th street, and 28th street). We will seek Council direction on next steps at that point. Also, the affordable housing consulting services that we are seeking via the grant will involve responsibilities for community engagement. As mentioned, the Phase II studies focused on incentives will also have multiple public participation opportunities. We would be seeking Council direction as to what tools to utilize for these various efforts as we bring the items forward. The Cycle 2 HAP grant might end up aligning best as an opportunity to seek additional funding specific to community engagement.
2. Is any of the City's Housing Reserve Fund to be used for this HAP process? It looks like "no," that the City will contribute in-kind services but no hard money --is that right?
Answer: That is correct. No Housing Reserve Funds are being applied towards the tasks listed in the work plan for the HAP grant.
Item 6 – 2021 Housing Element Annual Progress Report
On the Housing Report: Are we on track to make our interim 30 units? Aside from that 30-unit trigger point, what kind of progress does HCD expect overall? We're doing OK on meeting above moderate and moderate RHNA goals, but not so on the lower income. If Watermark is approved and provides 10 lower income units is that enough to show the interim progress HCD will expect?
Answer: That is correct. The City is on track with its above moderate and moderate unit RHNA obligation; and we have not yet made progress on the lower income 1 March 21, 2022 Items 1, 5, 6, 11, and 12
3/21/22 City Council Agenda Questions
units. This is why the efforts we are requesting to move forward with for the HAP grant are so important. The HAP grant tasks are intended to generate information that is needed and pave the way for future actions that are needed to facilitate production of lower income units during the 6th Cycle.
Item 11 – Approval of Application for Grant for Riverpath Project 1) Do we have an overall funding program for the Riverpath Phase 3 Project? Answer: The City has a dedicated Capital Improvement Program (CIP) budget for this project, which to date has been allocated funds for environmental design and regulatory permit costs. It’s difficult to calculate accurate estimated construction costs until the environmental permitting and mitigation parcel design is complete and approved. The cost estimate in the Agenda Report was required for the grant application and is a “worst case scenario. The City is only allowed to apply for up to 88% of the estimated construction costs. There is currently $300,000 of General Fund money programed into the current two-year budget cycle which should cover the majority of Environmental Permitting and Engineering Design expenses. Any successful grants could be used to pay for these expenses (minus the local match) and lessen the burden on the General Fund. The Conservancy has committed an additional $800,000 towards construction. Once the design and permitting is complete and approved, the City will have a better understanding of the additional fundraising needs.
Item 12 – Approval of Contract with Sheriff’s Department for Law Enforcement Services
1) Does this contract include serving the City's Redflex camera system? Answer: Yes
2) Does the contract allocate costs between the contract cities and the county based on sharing use of facilities, staff, and equipment? For example, if some facilities, staff, and services out of the Encinitas station are used to service unincorporated county areas, does the county pay that proportion? I can't tell from the various cost sharing provisions.
Answer: Yes. For Del Mar, the shared-use of the facility and certain staff positions are divided proportionately (not equally) among four entities, including the cities of Del Mar, Encinitas, and Solana Beach and the County of San Diego. 3) Does the City' s insurance (after the $100k retention) cover city costs in defending claims for "city actions" or for "concurrent acts or omissions" or claims re "duty to defend" per Page 27 Sections 2-4? Is it clear that either the county or our own insurance will cover not just defense costs, but also any judgment assigned to the city?
2 March 21, 2022 Items 1, 5, 6, 11, and 12
3/21/22 City Council Agenda Questions
Answer: Yes, the City’s liability insurance covers the City’s actions for acts or omissions.
4) What is Attachment D trying to show re Liability Fund History? Answer: Attachment D of the contract shows that the current balance of the liability fund payouts associated with the contract cities exceeds $4.6 million. Per the Contract, the County handles all legal representation and payment for defense associated with claims that arise from law enforcement services provided by the Sheriff’s Department. Previously, the nine contract cities collectively paid $600,000 annually into this fund. That amount was raised about five-years ago to $1 million, and is now being raised to $2 million. The purpose of Attachment D is to show the annual liability payouts and the balance, though the County is not seeking to have the contract cities make it whole, per the terms of the Contract. 5) Does the contract include the volunteer patrol services? Answer: Yes, management of the volunteer patrol program is included as part of the overall Contract.
6) Del Mar residents pay the same property taxes, as far as I know, as property owners in the unincorporated county. These county wide property taxes fund a base level of sheriff service available to the entire county. For example, even if Del Mar did not have a sheriff contract, someone being robbed in Del Mar would have the right to call 911 and receive sheriff service without additional charge, just the same as if they lived in Ramona or Fallbrook. Just the same as we all use the court system, the county D.A., etc.
What cities should be paying by contract is only for supplemental services requested above and beyond the base level covered by property taxes. Yet, the contract reads as though the cities are paying for everything. See, Section H(B) at page 12, " 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..." Has there been an adjustment in the property taxes paid by contract city property owners to account for this? Is an "adjustment" otherwise included in the contract so that folks are not double paying for the baseline of services? Answer: Incorporated cities receive a greater proportion of each property tax dollar paid than the County receives for unincorporated areas. By way of being an incorporated city, cities then take on the responsibility for providing law enforcement services. For the unincorporated areas, the County uses that additional portion of property tax received for providing services like a City would for its service area, which includes law enforcement. Additionally, the services provided by the Sheriff’s Department are not like-for-like in the incorporated cities versus unincorporated areas; for example, the California Highway Patrol is responsible for all traffic-related law enforcement services in the unincorporated areas, not the Sheriff’s Department.
3 March 21, 2022 Items 1, 5, 6, 11, and 12