Table of Contents
2022-6-6 Regular Meeting Agenda.pdf
Item 1- Draft Action Minutes Regular Meeting - 5-16-2022.pdf Item 2 - List of Demands.pdf
Item 4 - Second Amendment M&N Agreement.pdf
Item 5 - Second Reading Program 2G.pdf
Item 6 - Tennis Court Resurfacing Project Contract.pdf
Item 7 - Election Resolution Agenda Report.pdf
Item 8 - SAC Appointment.pdf
Item 9 - Arts Advisory Committee Appointment.pdf
Item 10 - AB361 Remote Meetings - Agenda Report.pdf
Item 11 - Temporary Signs Agenda Report 6-6-2022.pdf
Item 12 - Riverpath Phase III Agenda Report.pdf
Item 13 - SANDAG Presentation on Bluff Stabilization 5.pdf Item 14 - Crown Castle Telecomm MLA_FINAL PACKET.pdf
Item 15 - CARES Court & Homelessness Update.pdf
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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, June 6, 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
City Clerk
Del Mar City Council Regular Meeting June 6, 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: May 16, 2022 Regular and Special Meeting Recommended Action: Approve Minutes.
Reference: Clerk’s Minutes Book
2. Ratification of List of Demands, dated June 6, 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 June 6, 2022
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
4. Second Amendment to Agreement with Moffatt & Nichol for the City of Del Mar Shoreline Management Program
Recommended Action: Staff recommends that the City Council: 1) Approve the Second Amendment to the Agreement between the City of Del Mar and Moffatt and Nichol (Attachment A) for consulting services related to the City’s Shoreline Management Program extending the Agreement for an additional two-year period ending June 17, 2024; and 2) Authorize the City Manager to execute the Second Amendment.
Reference: Clerk’s File No. 406-1
5. Second Reading and Adoption of an Ordinance to Accept Modifications to the 5th Cycle Housing Element Program 2G Local Coastal Program Amendment Pursuant to Coastal Commission Action
Recommended Action: Staff recommends the City Council adopt the Ordinance (Attachment A) to accept the modifications required for California Coastal Commission (CCC) final certification of the 5th Cycle Housing Element Program 2G Local Coastal Program Amendment (LCPA).
Reference: Clerk’s File No. 304-7, 401-4
6. Award of a Construction Contract to Ferandell Tennis Courts, Inc. for the Tennis Court Resurfacing Project
Recommended Action: Staff recommends that the City Council: 1) Award a construction contract (Attachment A) for the Tennis Court Resurfacing Project to Ferandell Tennis Courts, Inc.; and 2) Authorize the City Manager to execute the contract.
Reference: Clerk’s File No. 406-1
7. Resolutions Calling for a 2022 General Municipal Election Recommended Action: It is recommended that the City Council adopt the following resolutions in preparation for a November 8, 2022, General Municipal Election:
1) Resolution calling for a General Municipal Election for the election of two members of the City Council (Attachment A);
2) Resolution requesting the Board of Supervisors of the County of San Diego to conduct the General Municipal Election and consolidate that Election with the Statewide General Election (Attachment B); and
3) Resolution adopting Regulations for Candidates for Elective Office pertaining to the Candidates’ Statements (Attachment C).
Reference: Clerk’s File No. 402-1, 402-3
Del Mar City Council Regular Meeting June 6, 2022
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
8. Sustainability Advisory Committee Appointment
Recommended Action: The City Council Liaisons to the Sustainability Advisory Committee recommend that the City Council reappoint Alan Sweedler as a voting member to serve a full three-year term beginning July 4, 2022 and ending on July 31, 2025.
Reference: Clerk’s File No. 401-5
9. Arts Advisory Committee Appointment
Recommended Action: The City Council Liaisons to the Arts Advisory Committee recommend that the City Council reappoint Julie Maxey-Allison as a Del Mar Foundation representative and voting member to the Arts Advisory Committee, to serve a full three-year term beginning July 1, 2022, and ending on July 31, 2025.
Reference: Clerk’s File No. 401-5
10. Continuation of Remote Public Meetings in Compliance with Government Code Section 54953 (Assembly Bill 361)
Recommended Action: Staff recommends that the City Council adopt a Resolution (Attachment A) making the finding required by Government Code 54953 related to Assembly Bill 361 (AB 361) to continue with remote public meetings for the next thirty (30) days during the local emergency declared in response to the COVID-19 global pandemic.
Reference: Clerk’s File No. 401-7
IX. PUBLIC HEARINGS
11. Introduction of an Ordinance to Amend Del Mar Municipal Chapter 30.84 Signs Related to Temporary Signs (ZA22-002)
Recommended Action: Staff recommends that the City Council introduce an Ordinance (Attachment A) amending Del Mar Municipal Code (DMMC) Chapter
30.84 (ZA22-002) to allow temporary signs in locations within unimproved portions of the public right-of-way that do not cause a public safety issue in residential zones by or with permission of the underlying property owner; and clarify how the allowable size of temporary signs is calculated.
Reference: Clerk’s File No. 303-2, 401-4, 401-9
12. Approval of a Conditional Use Permit and Adoption of a Mitigated Negative Declaration to Authorize Riverpath Del Mar Trail Extension (Phase III) Del Mar City Council Regular Meeting June 6, 2022
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Recommended Action: Staff recommends the City Council adopt the attached resolution (Attachment A) approving a Conditional Use Permit (CUP22-002) and adopting a Mitigated Negative Declaration (EA19-001) (Project) to construct an approximately 2,070 linear-foot extension of the Riverpath Del Mar Trail between the Grand Avenue Overlook and the Crest Canyon Trail, vegetation removal, minor grading, and debris removal in the Floodway Zone and Lagoon Overlay Zone.
Reference: Clerk’s File No. 301-4
X. COUNCIL MEETING RECESS
XI. CITY COUNCIL OTHER BUSINESS
13. SANDAG Presentation Regarding Del Mar Bluffs Stabilization Project 5 in Preparation for California Coastal Commission Hearing on June 8, 2022 Recommended Action: Staff recommends that the City Council receive a presentation from San Diego Association of Governments (SANDAG) representatives on the Del Mar Bluffs Stabilization Project 5 design modifications, discuss, and provide feedback in preparation for the California Coastal Commission’s review of this project on June 8, 2022.
Reference: Clerk’s File No. 1404-2, 1506-1
14. Master License Agreement with Crown Castle Fiber LLC for Wireless Facilities on City Poles in the Public Right-of-Way
Recommended Action: Staff recommends the City Council: 1) adopt a resolution (Attachment A) authorizing a Master License Agreement (MLA) (Attachment B) with Crown Castle Fiber LLC (Crown Castle) to allow the use of city-owned poles in the public right-of-way for small cell facilities; and 2) authorize the City Manager to execute and carry out any necessary actions to implement the MLA.
Reference: Clerk’s File No. 406-1
15. CARE Court Legislation and Update on Del Mar’s Efforts related to Addressing Homelessness
Recommended Action: Staff recommends that the City Council adopt a Resolution supporting California Senate Bill (SB) 1338: Community Assistance, Recovery, and Empowerment (CARE) Court Program (Attachment A); and 2) receive an update by staff on Del Mar’s efforts to address homelessness in the City.
Reference: Clerk’s File No. 303-1, 401-7
Del Mar City Council Regular Meeting June 6, 2022
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XII. 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 Commission/JPA (Quirk/Bride) M. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Worden/Quirk)
N. Other Regional Organization Reports
XIII. 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)
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) Del Mar City Council Regular Meeting June 6, 2022
Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us U. Undergrounding Project Advisory Committee (Gaasterland/Quirk) V. Other Committee-Subcommittee Reports
XIV. 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.
June 20, 2022
Adoption of an Ordinance to Amend DMMC 30.84 Signs - Temporary Campaign Signs Award of an Agreement for Traffic Signal Maintenance and Repair Services Biennial Review and Update of the Del Mar Conflict of Interest Code AB361 Continuation of Remote Public Meetings
Report for State-Mandated Fire Inspections
Summer Preparations
941 Camino del Mar Specific Plan Development Agreement and Regulatory Housing Agreement (First Reading of Ordinance)
Introduction of an Ordinance to Amend DMMC 21.70.110 Drought Response Stage 1 Resolution to Adjust Fines for Parking Violations
Fiscal Year 2021-2022 Third Quarter Financial Report; Fiscal Year 2022-2023 Budget Update XV. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 2nd day of June, 2022, at approximately 2:00 p.m.
___________________________________________ 6/2/2022
Sarah Krietor, Administrative Services Manager/ Date
City Clerk
CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
MAY 16, 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 and Terry Gaasterland
Absent: Councilmember Dan Quirk
CITY ATTORNEY CLOSED SESSION REPORT
Assistant City Attorney Christina Cameron reported that there were no recusals or reportable action for the May 16, 2022 City Council Closed Session meeting.
PLEDGE OF ALLEGIANCE
Deputy Mayor Martinez led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
None.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Mayor Worden reported on the annual biological and habitat lagoon report, statewide water usage, tar balls on Del Mar’s beaches being caused by natural seepage; San Diego Association of Governments (SANDAG) independent taxpayers oversight committee; and Del Mar Rotary Chili and Quakers event Saturday, May 21, 2022.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the City’s new waste hauler EDCO’s community outreach efforts and events; provided an update on the Tewa undergrounding project construction scheduled to begin after Memorial Day; and announced that SANDAG representatives will be attending the Design Review Board meeting on May 25, 2022, to provide a presentation on the Del Mar Bluffs 5 Project and will be presenting to City Council on June 6, 2022.
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PRESENTATIONS
ITEM 1: PRESENTATION REGARDING THE 2022 SAN DIEGO COUNTY FAIR BY 22ND DISTRICT AGRICULTURAL ASSOCIATION (CLERK’S FILE NO. 1502-10) A presentation was provided by 22nd District Agricultural Association Chief Executive Officer Carlene Moore.
City Council questions focused whether 4H, livestock, garden, and art events will be taking place at the fair this year; clarification on the reduced height of the 4 th of July firework show; and clarification on how
the limited attendance of 50,000 compares to regular attendance which can reach 90,000.
There were no public speakers for this item.
CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER GAASTERLAND TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 10 AND 12, WITH DEPUTY MAYOR MARTINEZ RECUSED FROM ITEM 12. (VOTE 4-0-1 WITH
COUNCILMEMBER QUIRK ABSENT)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, and Gaasterland Noes:
0; Absent: Quirk; Abstain: 0. (Deputy Mayor Martinez recused from Item 12) ITEM 2: APPROVAL OF MINUTES: APPROVAL OF MINUTES: MAY 2, 2022 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED MAY 16, 2022 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.
ITEM 4: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
ITEM 5: APPROVAL OF FISCAL YEAR 2022-23 SENATE BILL 1 FUNDING FOR THE ANNUAL PAVEMENT REHABILITATION PROJECT (CLERK’S FILE NO. 401-7, 901-5) Council adopted resolution 2022-28, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017”, as amended by staff’s red dot, on consent.
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May 16, 2022
ITEM 6: SECOND READING AND ADOPTION OF AN ORDINANCE TO EXTEND THE
ACCESSORY DWELLING UNIT (ADU) PILOT PROGRAM (INCENTIVE PROGRAM) (CLERK’S FILE NO. 401-4)
Council adopted ordinance 988, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, EXTENDING A PILOT PROGRAM FOR CREATION
OF DEED RESTRICTED AFFORDABLE ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS”, on consent.
ITEM 7: THIRD AMENDMENT TO ANIMAL SERVICES CONTRACT WITH THE SAN DIEGO HUMANE SOCIETY (CLERK’S FILE NO. 406-1)
Council approved the Third Amendment to the City of Del Mar’s Animal Services Agreement (Agreement) with the San Diego Humane Society (SDHS) to extend the term of the Agreement to June 30, 2023; and authorized the City Manager to sign the Third Amendment, on consent.
ITEM 8: FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH KLEINFELDER, INC. FOR PRELIMINARY ENGINEERING AND PROJECT
APPROVAL/ENVIRONMENTAL DOCUMENTATION (PA/ED) FOR THE CAMINO DEL MAR BRIDGE PROJECT (CLERK’S FILE NO. 406-1)
Council approved the Fourth Amendment to an Agreement with Kleinfelder, Inc. for preliminary engineering work required for the Camino del Mar Bridge Project extending the term of the Agreement for a one-year period through June 30, 2023; and authorized the City Manager to execute the Fourth Amendment, on consent.
ITEM 9: TRAFFIC AND PARKING ADVISORY COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5)
Council appointed John Spelich to the Traffic and Parking Advisory Committee to serve a full three-year term effective May 16, 2022, and ending on May 31, 2025, on consent.
ITEM 10: CONTINUATION OF REMOTE PUBLIC MEETINGS IN COMPLIANCE WITH GOVERNMENT CODE SECTION 54953 (ASSEMBLY BILL 361) (CLERK’S FILE NO. 401-7)
Council adopted resolution 2022-29, “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”, and to continue with remote public meetings for the next thirty (30) days during the local emergency declared in response to the COVID-19 global pandemic, on consent.
PUBLIC HEARING
ITEM 11: PUBLIC HEARING TO ESTABLISH SOLID WASTE COLLECTION SERVICE RATES (CLERK’S FILE NO. 401-7, 906-9)
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An introduction to the item was provided by City Manager Jones. A presentation was provided by Environmental Sustainability/Special Projects Manager Clem Brown. Steven South, EDCO President, Dave Davis, MSW Consultants, and Assistant City Attorney Richard Romero were available to answer questions.
Council questions focused on whether there is a limit to the number of organic recycling bins a resident may receive; whether tours of EDCO’s organics recycling facility are open to the public; clarification on the rate setting process for Del Mar; how Del Mar rates offered by EDCO relate to rates in other jurisdictions; whether Waste Management drivers assigned to Del Mar will join EDCO and continue to serve Del Mar moving forward; clarification on what would occur if the proposed rates are not adopted and how the City would manage associated budget shortfall; when residents can expect to receive their EDCO bins; and EDCO resources for food scrap recycling.
There were no public speakers for the item.
Council discussion focused on the importance of organics recycling on the environment.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY COUNCILMEMBER DRUKER TO ADOPT RESOLUTION 2022-30, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, ESTABLISHING SOLID WASTE COLLECTION SERVICE RATES EFFECTIVE JULY 1, 2022.” (VOTE 4-0-1 WITH COUNCILMEMBER QUIRK ABSENT) Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, and Gaasterland Noes:
0; Absent: Quirk; Abstain: 0.
ITEM 12: INTRODUCTION OF AN ORDINANCE TO ACCEPT MODIFICATIONS TO THE 5TH CYCLE HOUSING ELEMENT PROGRAM 2G LOCAL COASTAL PROGRAM
AMENDMENT PURSUANT TO COASTAL COMMISSION ACTION (CLERK’S FILE NO. 304-7, 401-4)
Deputy Mayor Martinez recused herself from the item due to living within 500 feet of the subject matter of the discussion. Mayor Worden opened and closed the public hearing. There were no public speakers.
Council introduced the ordinance as amended by the red dot from staff, on consent.
CITY COUNCIL OTHER BUSINESS
ITEM 13: CONSIDERATION OF A REQUEST FOR A LETTER OF SUPPORT FOR SENATE BILL 1105 (HUESO): SAN DIEGO REGIONAL EQUITABLE AND ENVIRONMENTALLY FRIENDLY HOUSING ACT (CLERK’S FILE NO. 401-7)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Jeffrey Yuen, Senior Advisor to County of San Diego Supervisor Terra Lawson-Remer.
Council questions focused on whether SANDAG or the County of San Diego were considered to form a regional housing financing authority; clarification on the size and cost of housing voucher and rental assistance programs offered in San Diego County; whether rental assistance or voucher programs would be covered by SB 1105; administrative expenditure cap included in the bill; rationale of the board structure included in the bill; and funding sources programs in the bill.
There were no public speakers for the item.
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Council discussion focused on housing as a regional issue; possible benefits of a regional housing authority to compete effectively for federal and other funding sources; and possible unintended consequences of the bill.
Council consensus was to defer consideration of any City action related to SB 1105 until additional information is available.
ITEM 14: INFORMATIONAL SUMMARY OF DRAFT INITIAL STUDY/MITIGATED NEGATIVE
DECLARATION FOR THE CAMINO DEL MAR BRIDGE REPLACEMENT PROJECT (CLERK’S FILE NO. 901-3)
Councilmember Quirk joined the meeting at 6:22 p.m. A presentation was provided by Principal Planner Amanda Lee. Public Works Director Joe Bride and Principal Engineer Karen Falk were available to answer questions.
Council questions and discussion focused on the location of pedestrian walk-ways included in the project; whether the project includes delineators or dividers between the bicycle lane and vehicle lanes; clarification on the logistics of a noise barrier for this project; clarification on mitigation measures that would prevent construction debris from getting in the ocean; whether it’s possible to accelerate the construction timeline of the project; whether the California Coastal Commission has weighed in on the loss of the four parking spaces associated with the project; hydrology studies for the project; whether the project would interact with a living levee; whether old pilings will be removed; and clarification on the funding sources for the project and funding sources for the City’s local match.
There were no public speakers for the item.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the Parks and Recreation Committee; Clean Energy Alliance; SANDAG Shoreline Preservation Working Group; Del Mar Community Connections; League of California Cities; Regional Taskforce on the Homeless; Lagoon Committee; Sustainability Advisory Committee; and Traffic and Parking Advisory Committee.
ADJOURNMENT
Mayor Worden adjourned the meeting at 7:05 p.m.
_________
Sarah Krietor, Administrative Services Manager/City Clerk 5 June 6, 2022 Item 01
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
MAY 16, 2022
Via Teleconference
1050 Camino del Mar, Del Mar, California
CALL TO ORDER
Mayor Worden called the meeting to order at 3:15 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.
B) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: Two
Description: 1) Liabilities related to fencing at/near NCTD rails; and 2) Liability related to an alleged sewage spill and resulting threat of litigation Authority: Government Code Section 54956.9(b)
Reportable Action: None.
ADJOURNMENT
Mayor Worden adjourned the meeting at 3:36 p.m.
Sarah Krietor, Administrative Services Manager
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Adriana Jaramishian, Associate Planner
Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: June 6, 2022
SUBJECT: Second Amendment to Agreement with Moffatt & Nichol for the City of Del Mar Shoreline Management Program
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Approve the Second Amendment to the Agreement between the City of Del Mar and Moffatt and Nichol (Attachment A) for consulting services related to the City’s Shoreline Management Program extending the Agreement for an additional two-year period ending June 17, 2024; and 2) Authorize the City Manager to execute the Second Amendment.
DISCUSSION/ANALYSIS:
The City entered into an Agreement with Moffatt & Nichol (Consultant) on June 17, 2019 (Attachment B), to assist in the creation of a Shoreline Management Program that implements the City’s Sediment Management Plan and Sea Level Rise Adaptation Plan, which were adopted by City Council in October 2018. The Agreement was for an initial three-year period ending June 17, 2022, with the option to extend the term for an additional two year period upon mutual agreement of the City and Consultant (Section
2.1 of Agreement). A first amendment to the Agreement (Attachment C) was executed on December 16, 2019, to clarify the compensation for consulting services in Section 4.1 of the Agreement.
During the initial term of the Agreement, the Consultant provided quality services, demonstrated adaptability and dependability during the challenges in response to the COVID pandemic, and has been responsive to the City’s requests. Staff recommends the Agreement be extended for an additional two-year period to facilitate completion of the work plan in accordance with the Agreement. The main tasks covered by the Agreement include:
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Second Amendment to Agreement with Moffatt & Nichol
June 6, 2022
1) Establishment of a Sand Compatibility Opportunistic Use Program (SCOUP) to allow the City to accept beach quality sand when available for placement on Del Mar beach.
This requires approvals from the United States Army Corps of Engineers (USACE), California Coastal Commission (CCC), Regional Water Quality Control Board (RWQCB), State Lands Commission (SLC), and California Department of Fish and Wildlife (CDFW); and coordination with other agencies including the United States Fish and Wildlife Service (USFWS) and United States Environmental Protection Agency (USEPA). The Resource agencies are currently reviewing the City’s permit applications. In addition to delays caused by limited resources and budgetary impacts in response to COVID-19, SCOUP permitting has been delayed due to other unforeseen circumstances including requirements for additional technical reports and information requested by USACE, USFWS, USEPA, RWQCB, and CCC. The agencies explained this is due to recent changes in federal and state protocols (i.e., those imposed in response to fall 2021 disasters that led to tarballs on southern California beaches unrelated to any action or responsibility of the City of Del Mar).
In addition, coordination with Southern California Edison (SCE) on updated sampling and analysis of sediment within the Lagoon river mouth was required in recognition of SCE’s existing restoration/mitigation obligations applicable to the San Dieguito Lagoon and the fact that this is the most compatible and opportunistic sand source for beach nourishment in Del Mar. The State Lands Commission and CDFW are ready to issue final approvals once the USACE, RWQCB, and CCC applications are ready for the respective agency approvals. All necessary SCOUP approvals are anticipated to be complete by fall 2022.
The prospective resource agency approvals of the SCOUP will be effective for five years and will allow the City to accept beach quality sand when available and plan for implementation of a future City-initiated beach nourishment project if desired. 2) Development of a conceptual plan for a living levee (vegetated berm) along the San Dieguito River to protect the Del Mar community from river flooding as further described in the adopted City of Del Mar Adaptation Plan.
This task is scheduled to be completed in Fiscal Year (FY) 2023-24, which is the final year of the contract, when budget is available. In addition to City Planning staff, preparation of a conceptual plan for a living levee will involve coordination with the City’s Public Works Department and consultant engineers as well as coordination with federal and state agencies for technical assistance. In January 2022, the City applied for FEMA’s Building Resilient Infrastructure and Communities (BRIC) Program Direct Technical Assistance as a resource opportunity to facilitate preparation of the conceptual plan.
However, the City was not selected via the associated competitive application process, which received over 100 submissions. FEMA recommended the City work with the State Hazard Mitigation Office and apply for future assistance from FEMA’s Hazard Mitigation Assistance programs as they become available. The City will be in a better position to 2 June 6, 2022 Item 04
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Second Amendment to Agreement with Moffatt & Nichol
June 6, 2022
receive grant funding for a prospective living levee project once a conceptual plan is created per the City’s initial work plan.
3) Additional services as applicable to assist with identifying financing strategies; applying for grants; and processing required technical studies and reports (i.e., environmental review documents, studies, and surveys).
The City has a grant application currently pending with the California State Parks Division of Boating and Waterways for a Public Beach Restoration Grant ($150,000) for FY 2023-
24. It should be noted that two previous grant applications with this State program (State Waters and Harborcraft Fund) were not granted. Funds will be needed to cover the various components required in order to implement a beach nourishment project, including sampling and analysis data collection/reporting, mean high tide and beach profile surveys, monitoring, and other agency reporting tasks. A secure long-term funding source to support beach nourishment has yet to be identified. Staff continues to search for more stable, alternate funding sources to fund future beach nourishment adaptation.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council for this agenda item. Funds for this special project will be included in the FY 2022-23 Budget Update that will be presented to the City Council on June 20, 2022, and additional funds for FY 2023-24 activities will be included in the next two year budget process.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This Agreement amendment is directly related to implementation of two special projects that are included on the Council list of Goals & Priorities for implementation of the City’s priority shoreline management and sea level rise adaptation strategies.
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 – Proposed Second Amendment to the Agreement with Moffatt & Nichol Attachment B – Original Agreement with Moffatt & Nichol (2019) Attachment C – First Amendment to Agreement with Moffatt & Nichol (2019) 3 June 6, 2022 Item 04
SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DEL MAR
AND MOFFATT & NICHOL FOR CONSULTING SERVICES RELATED TO THE CITY
OF DEL MAR SHORELINE MANAGEMENT PROGRAM
THIS SECOND AMENDMENT to the Agreement (Second Amendment) is made and entered into effective the 17th day of June, 2022, by and between the City of Del Mar, a Charter City and municipal corporation (“City”), and Moffatt & Nichol (“Consultant”) (collectively “Parties”).
RECITALS
WHEREAS, on June 17, 2019, the City and Consultant entered into an Agreement (Agreement), by which the City and Consultant established the terms and conditions for consulting services related to the City of Del Mar Shoreline Management Program for an initial three-year period ending June 17, 2022; and
WHEREAS, a First Amendment to the Agreement was executed on December 16, 2019, to clarify the compensation for consulting services in Section 4.1 of the Agreement; 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 Second 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 June 17, 2019 and terminating June 17, 2024 (“Termination Date”) unless terminated earlier as set forth herein.
Section 2. Except as otherwise provided in this Second 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
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City of Del Mar
Second Amendment to Moffat & Nichol Agreement
IN WITNESS WHEREOF, the Parties have caused this Second Amendment to be effective as of the date first written above.
CITY OF DEL MAR,
a municipal corporation
By:
Ashley Jones, City Manager
MOFFATT & NICHOL
By:
Russell H. Boudreau, Vice President
ATTEST:
By:
Sarah Krietor, City Clerk
APPROVED AS TO FORM:
By:
Leslie E. Devaney, City Attorney
5 June 6, 2022 Item 04
City Council Selection of Consultant
Draft Consulting Services Agreement
RFQ 2018-11 Shoreline Management Program
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND MOFFAT & NICHOL
FOR SHORELINE MANAGEMENT PROGRAM CONSULTING (RFQ 2018-11) This Consulting Services Agreement (“Agreement”) is made and entered into this _____ day of ____________, 2019 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and Moffat & Nichol (“Consultant”) (collectively “Parties”).
WHEREAS, the City desires to employ a consultant to provide to help the City establish a shoreline management program (“Consulting Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A” and incorporated herein; and WHEREAS, the City has initially determined that Consultant is qualified by experience and ability to perform the services desired by City, and Consultant is willing to perform such services; and
WHEREAS, Consultant will conduct all the work as described and detailed in this Agreement to be provided to the City.
1. CONSULTING SERVICES.
1.1 Scope of Services. The Consultant shall perform the Consulting Services as set forth in the written Scope of Services, attached hereto as Exhibit “A” and incorporated herein. Such services shall be provided at the direction of the City.
1.2. City Modification of Scope of Services. City may order changes to the Scope of Services within the general scope of this Agreement consisting of additions, deletions, or other revisions. If such changes cause a change in the Consultant’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Consultant’s compensation and/or contract time shall be made, subject to the City’s approval.
All such changes shall be authorized in writing, executed by Consultant and City. If such a change results in an extension of the term of this Agreement or increases the maximum amount to be paid under this Agreement, no such change shall have any force or effect unless an amendment to this Agreement is approved by the City Council.
2. DURATION OF AGREEMENT.
2.1 Term, Time for Performance. This Agreement shall be effective for a period of three years from the date first written above, unless sooner terminated by City as provided in Section 2.4 of this Agreement. This Agreement may be extended for up to two (2) years upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement. 17 June
Attachment B
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2 2.2 Delay. Any delay occasioned by causes beyond the control of Consultant may merit an extension of time for the completion of the Scope of Services. When such delay occurs, Consultant shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the Consulting Services when justified by the circumstances provided that no extension of time shall be granted which would extend the time for performance beyond the date specified in section 2.1 above.
2.3 City’s Right to Terminate for Default. Should Consultant be in default of any covenant or condition hereof, City may immediately terminate this Agreement for cause if Consultant fails to cure the default within ten (10) calendar days of receiving written notice of the default.
2.4 City’s Right to Terminate without Cause. Without limiting its rights in the event of Consultant’s default, City may terminate this Agreement, without cause, by giving written notice to Consultant. Such termination shall be effective upon receipt of the written notice.
Consultant shall be compensated for all effort and material expended on behalf of City under the terms of this Agreement, up to the effective date of termination. All personal property remaining in City facilities or on City property thirty (30) days after the expiration or termination of this Agreement shall be, at City’s election, considered the property of City.
3. PERFORMANCE AFTER TERMINATION. Upon termination of this Agreement as provided herein, Consultant shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by Consultant to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by Consultant shall be delivered to the City Manager, upon his request, as property of City.
4. COMPENSATION.
4.1 Total Amount. Compensation to Consultant shall be provided on a task order basis at the rates described in Exhibit “B”. Consultant shall bill the City for work provided and shall present a written request for such payment monthly. City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Consultant in advance.
Consultant acknowledges that it is not guaranteed any particular amount of work.
4.2 Additional Services. City may, as the need arises or in the event of an emergency, request additional services of Consultant. Should such additional services be required, Compensation therefore shall be paid to the Consultant in accordance with the rates contained in Exhibit “B”. City and Consultant shall agree to the costs prior to commencement of such work.
5. INDEPENDENT CONTRACTOR. Consultant is, for all purposes arising out of this Agreement, an independent contractor. The Consultant has and shall retain the right to exercise full control and supervision of all persons assisting the Consultant in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Consultant nor Consultant’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any 7 June 6, 2022 Item 04
3 retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Consultant being solely responsible for all such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters.
6. STATEMENT OF EXPERIENCE. Consultant agrees that it has the financial resources, service experience, completion ability, personnel, and experience in dealing with public agencies necessary for performing the Scope of Services and that such performance shall be in accordance with the standards customarily adhered to by an experienced and competent Consultant using the degree of care and skill ordinarily exercised by reputable Consultants practicing in the same field of service in the State of California. By executing this Agreement, Consultant represents that it has demonstrated trustworthiness and possesses the quality, fitness, and capacity to perform the Agreement in a manner satisfactory to City. Additionally, Consultant and all of Consultant’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.
7. AUDIT OF RECORDS.
7.1 At any time during normal business hours and as often as may be deemed necessary, the Consultant shall make available to a representative of City for examination all of its records with respect to all matters covered by this Agreement and shall permit City to audit, examine, and/or reproduce such records. Consultant shall retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.
7.2 The Consultant shall include the City’s right to audit under this section in any and all of their subcontracts, and shall ensure that these sections are binding upon all subcontractors.
8. CONFIDENTIALITY. All Consulting services performed by Consultant, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to Consultant, at the time that it was disclosed to Consultant by the City, (b) subsequently becomes publicly known through no act or omission of Consultant or (c) otherwise becomes known to Consultant other than through disclosure by the City. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the City. The sole purpose of this section is to prevent disclosure of City’s confidential and proprietary information by Consultant or subcontractors.
9. CONFLICTS OF INTEREST.
9.1 Consultant shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code § 87103. Consultant represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City. 8 June 6, 2022 Item 04
4 9.2 Consultant shall comply with all of the reporting requirements of the Political Reform Act. The Consultant shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the Consultant is subject to a conflict of interest code, if applicable. The Consultant shall also file a Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which the Consultant was subject to a conflict of interest code.
9.3 If, in performing the Consulting Services set forth in this Agreement, the Consultant makes, or participates in, a “governmental decision” as described in Title 2, section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for the City that would otherwise be performed by a City employee holding a position specified in the department's conflict of interest code, the Consultant shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the Consultant’s relevant financial interests.
10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by Consultant under this Agreement shall be considered the property of City. Consultant shall be permitted to reference and use said materials for use in future studies, work, and marketing so long as said materials are considered “public documents” and are not subject to attorney-client privilege, or the subject of pending closed or executive session discussions.
11. INSURANCE
11.1 Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than “A” and “VII” and are admitted to do business in the State of California, unless otherwise approved in writing by the City’s Risk Manager.
11.2 Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to non-payment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.
11.3 Types and Amounts Required. Consultant shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
11.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy. 9 June 6, 2022 Item 04
5 11.3.2 Commercial Automobile Liability. For all of the Consultant's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $300,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).
11.3.3 Workers' Compensation. For all of the Consultant's employees who are subject to this Agreement and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage. The Consultant shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives.
11.3.4 Consulting Liability. Consulting liability (errors and omissions) coverage with a limit of $1,000,000 per claim and $2,000,000 annual aggregate. The Consultant shall ensure both that (1) the policy retroactive date is on or before the date of commencement of the Scope of Services; and (2) the policy will be maintained in force for a period of three years after substantial completion of the Scope of Services or termination of this Agreement whichever occurs last. The Consultant agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the City's exposure to loss. All defense costs shall be outside the limits of the policy.
11.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions are the responsibility of the Consultant and must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers, or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
11.5 Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:
11.5.1 The City, its officers, officials, employees, and representatives shall be named as additional insureds. The City's Additional Insured status must be reflected on additional insured endorsement form which shall be submitted to the City.
11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.
11.6 Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 11. The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
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6 12. DEFENSE AND INDEMNIFICATION.
12.1 Indemnity for Professional Liability. Consistent with the provisions of California Code section 2782.8 , Consultant shall, to the fullest extent permitted by law, hold harmless, protect, defend and indemnify the City, its council and each member thereof, its officers, employees, representatives and their successors and assigns from and against all losses, liabilities, claims, suit, damage, expenses, cost, including reasonable attorney's fees and costs, and expert costs and investigation expenses, to the extent caused by the negligent acts, errors, or omissions; recklessness; or willful misconduct of Consultant in the performance of the professional services under this Agreement and those of Consultant's sub-consultants or anyone for whom Consultant is liable regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder.
12.2 Indemnity for Other than Professional Liability. With respect to operations other than the performance of the professional services under this Agreement, Consultant shall, to the fullest extent permitted by law, hold harmless, protect, defend and indemnify the City, its council, and each member thereof, its officers, employees, representatives and their successors and assigns, from and against losses, liabilities, claims, suit damage, expenses and costs including reasonable attorney's fees and costs, and expert costs and investigation expenses arising out of injury to any person, including death, or damage to property caused, in whole or in part, by or attributable to the performance of Consultant, its employees, representatives, subcontractors, or agents regardless of whether or not such claim, loss or liability is caused, in part by a party indemnified hereunder.
12.3 General Indemnity Provisions. This indemnity is in addition to any other rights or remedies which City may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, at its sole discretion, reserve, retain or apply any monies due to Consultant under this Agreement for the purpose of resolving such claims; provided however, that City may release such funds if Consultant provides City with reasonable assurances of protection of the City's interest. The City shall, in its sole discretion determine whether such assurances are reasonable.
Consultant agrees that, except as respects its obligations under Article 12.1, its duty to defend the indemnities arises upon an allegation of liability based upon the performance of services under this Agreement by Consultant, its officers, agents, representatives, employees, sub-consultants, or anyone for whom Consultant is liable and that an adjudication of Consultant's liability is not a condition precedent to Consultant's duty to defend.
12.4 Consultant's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's selfadministered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.
13. SUBCONTRACTORS.
13.1 The Consultant’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the Project is subject to prior approval by the City.
13.2 All contracts entered into between the Consultant and its subcontractor shall also provide that each subcontractor shall obtain insurance policies, which shall be kept in 11 June 6, 2022 Item 04
7 full force and effect during any and all work on this Project and for the duration of this Agreement.
The Consultant shall require the subcontractor to obtain all policies described in section 11 of this Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Consultant.
13.3 In any dispute between the Consultant and its subconsultants, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Consultant agrees to defend and indemnify the City as described in section 12 of this Agreement should the City be made a party to any judicial or administrative proceeding to resolve any such dispute or should the City incur any costs in responding to third-party discovery requests.
14. NON-DISCRIMINATION. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places available to employees and applicants for employment any notices provided by City setting forth the provisions of this non-discrimination clause.
15. NOTICES. All communications to either party by the other party shall be delivered to the persons listed below. Any such written communications by mail shall be conclusively deemed to have been received by the addressee five (5) calendar days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted below.
If to City: If to Consultant:
City of Del Mar Attn: Russell H. Boudreau, Vice President City Clerk Moffatt & Nichol
1050 Camino del Mar 4225 E. Conant Street
Del Mar, CA 92014 Long Beach, CA 90808
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.
17. RESPONSIBILITY FOR EQUIPMENT. City shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Consultant or any of Consultant’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Consultant by City. The acceptance or use of any such equipment by Consultant, Consultant’s employees, or subcontractors shall be construed to mean that Consultant accepts full responsibility for and agrees to exonerate, indemnify and hold harmless City from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.
18. CALIFORNIA LAW; VENUE/MISC. This Agreement shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or 12 June 6, 2022 Item 04
8 interpret any portion of this Agreement shall be brought in the county of San Diego, California.
Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
19. COMPLIANCE WITH LAWS. The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of prevailing wages for public works projects, if applicable. Consultant shall indemnify and defend the Indemnified Parties from and against any liability incurred due to any failure on the part of Consultant to comply with any applicable Laws.
To the extent Consultant is required to comply with prevailing wage requirements, Consultant does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Consultant and any subconsultants ensure that they are familiar with and comply with its requirements. Such requirements include, but are not limited to, the registration requirement with the Department of Industrial Relations, State of California (DIR), pursuant to Labor Code section 1725.5. As of March 1, 2015, in compliance with SB 854, the City requires all affected contractors and consultants to be registered with the DIR prior to submitting a bid or proposal on any eligible District project. As of April 1, 2015, failure to comply with the requirements of SB 854 by any contractor or consultant, including registration with the DIR pursuant to Labor Code section 1725.5, shall be a material breach of this Agreement which may be terminated by the City in its sole and absolute discretion. Where applicable, this project is subject to compliance monitoring and enforcement by the DIR.
20. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986. Consultant certifies that Consultant is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Agreement.
21. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the Parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein.
22. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless agreed to in writing by both Parties.
23. NO WAIVER. No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement shall constitute a waiver of any such breach of such covenant, term or condition.
24. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.
25. DRAFTING AMBIGUITIES. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this 13 June 6, 2022 Item 04
9 Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.
26. LEGAL FEES. In the event of the bringing of any action or suit by either party hereto against the other party hereunder to enforce or interpret any of the provisions, covenants or conditions of this Agreement, or arising out of any tortuous conduct by either party incident to this Agreement, the prevailing party in such action or suit shall be entitled to recover all costs and expenses of suit, including reasonable attorneys' fees. In any action or suit brought to enforce this Agreement, the damages available shall be limited to specific performance or other such equitable relief that the court may order.
27. CONFLICTS BETWEEN TERMS. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.
28. EXHIBITS INCORPORATED. All Exhibits referenced in this Agreement are incorporated into the Agreement by this reference.
29. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
14 June 6, 2022 Item 04
10 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day, month and year first hereinabove written.
CITY OF DEL MAR,
a municipal corporation
By: ___________________________
Scott W. Huth, City Manager
MOFFATT & NICHOL
By: _______________________
Russell H. Boudreau, Vice President
ATTEST:
________________________________
Ashley Jones, Administrative Services
Director/City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
15 June 6, 2022 Item 04
11 EXHIBIT “A”
SCOPE OF SERVICES
The Consultant shall, as directed from time to time during the Contract Term, provide asneeded, professional services as described, but not limited to, below:
Technical:
- Coastal engineering expertise, including ocean and river hydrology and geology;
- Preparation of a plan that identifies the location, timing, type of placement, method of delivery, and other parameters for potential receiver sites for small (less than 150,000 cubic yards) beach nourishment projects; - Preparation of biological assessment and sensitive habitat surveys; - Assessment of possible constraints to beach nourishment (i.e. turbidity and burial);
- Assessment of potential beach nourishment impacts to recreation and surfing; - Professional surveyor expertise for preparation of mean high tide line survey; - Preparation of plan to construct flood control measures, such as a living levee, to address potential San Dieguito River flooding and minimize risk of flood hazard; and
- Grant writing and/or preparation of a financing plan to acquire project funding. - Additional technical studies related to sea level rise, coastal engineering or hydrology/geology as may be necessary.
Environmental Document Preparation (CEQA and NEPA):
- Preparation of Initial Study and Environmental Assessment; and - Environmental document scoping and preparation, including response to comments.
- Additional environmental studies or documents related to sea level rise, coastal engineering or hydrology/geology as may be necessary.
Permitting:
- United States Army Corps of Engineers (Section 10 and 404 permits); - California Coastal Commission (Coastal Development Permit); - Regional Water Quality Control Board (Section 401 Certification); - California Department of Fish and Wildlife (Streambed Alteration Agreement); - State Lands Commission Lease Agreement; and
- Additional related permit services as needed.
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12 EXHIBIT “B”
FEE SCHEDULE
[ATTACHED]
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Attachment C
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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: June 6, 2022
SUBJECT: Second Reading and Adoption of an Ordinance to Accept Modifications to the 5
th Cycle Housing Element Program 2G Local Coastal Program Amendment Pursuant to Coastal Commission Action
REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council adopt the Ordinance (Attachment A) to accept the modifications required for California Coastal Commission (CCC) final certification of the 5 th Cycle Housing Element Program 2G Local Coastal Program Amendment (LCPA).
DISCUSSION/ANALYSIS:
On May 16, 2022, the City Council introduced the Ordinance to accept the modifications required for final certification of the 5
th Cycle Housing Element Program 2G Local Coastal
Program Amendment (LCPA) per CCC action taken on May 11, 2022. Following is a link to the CCC action taken on May 11, 2022 (Item W16b) conditionally approving the LCPA:
https://www.coastal.ca.gov/meetings/agenda/
The required CCC modifications (37 modifications) can generally be described as addressing objective design standards and standard environmental protocols within the Housing Element Implementation Overlay Zone (HEI-OZ) with the intent to clarify and further protect sensitive coastal resources and the public health and safety. The modifications amend prospective HEI-OZ Ordinance No. 979 (Attachment B) and prospective Rezone Ordinance No. 980 (Attachment C):
Ordinance No. 979 was previously adopted by the City Council to amend the Del Mar Municipal Code (DMMC) by adding a new Zoning Code Chapter 30.92 and amending existing DMMC Section 30.75.080 to create a new HEI-OZ. The HEIOZ would be used as the zoning mechanism to implement Housing Element programs pursuant to Government Code Section 65583.2 (h) and (i), where required, to authorize “by right” multiple-dwelling unit development at 20-25 dwelling units per acre (du/ac) with an affordable unit component. Further, the HEI1 June 6, 2022 Item 05 City Council Agenda Report
Acceptance of CCC Mods (2G LCPA)
June 6, 2022
OZ includes procedures to clarify the process for development permit approval and development standards, and mitigation, monitoring and reporting requirements, including objective design standards for use when reviewing submitted project development applications.
Ordinance No. 980 was previously adopted by the City Council to implement the required rezone action per 5
th Cycle Housing Element Program 2G. Specifically,
this Ordinance would rezone real property identified as Assessor Parcel Numbers (APNs) 299-100-47 and 299-100-48, owned by Watermark LP, (commonly referred to as the “Watermark parcels”) and located in the North Commercial Zone by applying the new HEI-OZ. The City is required to implement this rezone action per Government Code §65583.2(h) and (i).
All applicable ordinances adopted by the City and certified by the Coastal Commission will become effective immediately on the date CCC takes action to grant final certification.
It is important to note that any permit applications deemed complete prior to the effective date of the ordinances will not be subject to the new LCPA requirements.
HOUSING IMPACT:
Final CCC certification of the subject LCPA is the final step necessary for completion of the required 5
th Cycle Housing Element Program 2G rezone. A City Council decision to delay or not proceed with the proposed ordinance would be in conflict with State housing law and subject to enforcement by HCD and/or the State Attorney General’s office, which could result in significant fiscal impacts to the City’s General Fund and could make the City ineligible for State grant funding opportunities as applicable.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item.
ENVIRONMENTAL IMPACT:
Pursuant to the California Environmental Quality Act (CEQA), the proposed action has been analyzed and determined to be Statutorily Exempt pursuant to CEQA Guidelines Section 15265 because it constitutes an amendment to the City’s certified Local Coastal Program (LCP) and CEQA does not apply to activities or approvals by a local government as necessary for the preparation and adoption of a LCP amendment for review and certification by the CCC as set forth in Section 21080.9 of the Public Resources Code.
Accordingly, the certified City of Del Mar LCP constitutes a plan for use in the CCC’s regulatory program as certified under Section 21080.5 of the Public Resources Code. The proposed actions include corollary amendments to the City’s Municipal Code (Zoning).
Notwithstanding the applicability of the Statutory Exemption, future development of the two parcels included in Program 2G for multiple-dwelling residential use as affected by the proposed actions have been the subject of prior environmental analysis including the Final Program Environmental Impact Report (PEIR) for the Professional Commercial and 2 June 6, 2022 Item 05
City Council Agenda Report
Acceptance of CCC Mods (2G LCPA)
June 6, 2022
North Commercial Zoning Code Amendment (SCH #2019029058) certified by the City Council on September 8, 2020 (Resolution 2020-47) and the 6th Cycle Housing Element Update Final PEIR (SCH No. 2020029064) certified by the City Council on October 5, 2020 (Resolution 2020-52). Anticipated impacts for the proposed actions have been disclosed in these prior environmental documents and the proposed HEI-OZ incorporates standard Mitigation Monitoring and Reporting protocols (see proposed Section
30.92.050) to ensure impacts are minimized consistent with prior environmental documents. No new or substantially greater impacts would result from implementation of Program 2G, including the HEI-OZ.
Final 6th Cycle PEIR:
www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 Final NC/PC PEIR:
www.delmar.ca.us/Archive.aspx?ADID=1428
As such, pursuant to CEQA Guidelines Sections 15162 and 15163, and based on the review of the entire record, including the Final PEIRs referenced above, the proposed action does not require further environmental review.
PRIOR CITY COUNCIL REVIEW
On March 25, 2021, the City Council introduced two Ordinances to create a new HEI-OZ (including objective design standards) and to rezone two vacant parcels (Watermark parcels) per 5th Cycle Program 2G. See the Agenda Report for Item 1 at:
www.delmar.ca.us/AgendaCenter/ViewFile/Agenda/_03252021-2713 On April 5, 2021, the City Council adopted the two Ordinances as introduced on March 25, 2021, to create a new HEI-OZ and rezone two vacant parcels (Watermark parcels).
This allowed the City to complete local action on 5
th Cycle Housing Element Program 2G
prior to the end of the 5th Cycle on April 15, 2021. See the Agenda Report for Item 5 at:
https://www.delmar.ca.us/AgendaCenter/ViewFile/Agenda/_04052021-2723 NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
Completion of this required Housing Element rezone program is a City Council priority.
ATTACHMENTS:
Attachment A – Proposed Ordinance Accepting CCC Modifications Attachment B – Adopted Ordinance No. 979
Attachment C – Adopted Ordinance No. 980
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ATTACHMENT A
ORDINANCE NO. XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, ACCEPTING THE COASTAL COMMISSION
MODIFICATIONS TO THE 5th CYCLE HOUSING ELEMENT
PROGRAM 2G LOCAL COASTAL PROGRAM AMENDMENT BY
AMENDING PROSPECTIVE ORDINANCE 979 THAT ADDS A
NEW ZONING CHAPTER 30.92 TO THE DEL MAR MUNICIPAL
CODE TO CREATE A NEW HOUSING ELEMENT
IMPLEMENTATION OVERLAY ZONE (HEI-OZ) AS AN OVERLAY
ZONING TOOL THAT CAN BE APPLIED TO REAL PROPERTY
THROUGH FUTURE REZONE ACTIONS AT THE DISCRETION
OF THE CITY COUNCIL WHEN NECESSARY TO IMPLEMENT
FUTURE REQUIRED CITY OF DEL MAR HOUSING ELEMENT
PROGRAM ACTIONS PER STATE LAW; AND BY AMENDING
PROSPECTIVE ORDINANCE 980 THAT APPLIES THE HEI-OZ
TO APNS 299-100-47 AND 299-100-48
WHEREAS, the Housing Element is a State-mandated policy document with associated mandated regulatory requirements as set forth in the California Government Code; and
WHEREAS, California Government Code §65583.2(h) and (i) imposed a requirement on the City of Del Mar to process a rezone program to allow multiple dwelling unit residential use by-right at a density range of 20-25 dwelling units per acre with an affordability component as reflected in the prior Housing Element (5th Cycle Program 2G); and
WHEREAS, the City Council adopted Ordinances 979 and 980 to implement the required 5th Cycle Housing Element Program 2G rezone action and submitted the associated Local Coastal Program Amendment (LCPA) application to the California Coastal Commission (CCC) for certification;
WHEREAS, on May 11, 2022, the Coastal Commission conditionally certified the LCPA on the condition that the City accept CCC’s modifications via ordinance; and WHEREAS, this Ordinance, which accepts CCC’s modifications, is consistent with prior City Council action on March 5, 2021, adopting a Resolution that amended the Del Mar Community Plan land use designation applicable to “North Commercial” and City Council action on April 5, 2021, adopting two Ordinances that further implemented the required 5
th Cycle Housing Element Program 2G rezone of APNs 299-100-47 and 299- 100-48 located in the North Commercial Zone; and
WHEREAS, once created the overlay zone could be applied to specific parcels via future rezone actions as necessary to address future rezone programs when required to implement the City’s Housing Element and comply with State law; and 4 June 6, 2022 Item 05
Ordinance No. XXX
WHEREAS, pursuant to State law, future housing development on parcels in the overlay zone will be subject to an administrative level ministerial approval process where submitted development applications will be reviewed for compliance with the published development standards and mitigation, monitoring, and reporting criteria; and WHEREAS, local decisions on development applications within the CCC appealable area would be appealable to CCC in accordance with State law and the City’s certified LCP.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar does hereby ordain as follows:
SECTION ONE: That Del Mar Municipal Code (DMMC) Section 30.92.020 be amended to read as follows:
30.92.020 Areas of Applicability.
The areas of applicability for the Housing Element Implementation Overlay Zone shall include the following properties:
APN Location Housing Element Program Description Base Zone Overlay Zones
299-100-47-00
299-100-48-00
5 th Cycle Program 2G – Two Parcels further
described in DMMC Section 30.92.030(E)
North
Commercial
(NC)
Bluff, Slope,
and Canyon;
Floodplain;
and Lagoon
SECTION TWO: That DMMC Section 30.92.030 be amended to read as follows:
30.92.030 Process for Permit Approval.
A. Notwithstanding the standard permit process provisions of the Del Mar Municipal Code, permit approvals for proposed multiple dwelling unit housing development within the Housing Element Implementation Overlay Zone shall be issued in accordance with an administrative level ministerial approval process where the proposed development is consistent with the applicable Housing Element program indicated in Section 30.92.020 and development standards in Section 30.92.040.
B. Proposed development on property in the Housing Element Implementation Overlay Zone that does not meet the criteria stated in Section 30.92.030(A) shall be subject to the standard procedures for permit approval pursuant to the Del Mar Municipal Code.
C. An administrative Coastal Development Permit (CDP) shall be required for proposed development.
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Ordinance No. XXX
(1) The administrative CDP shall be obtained in accordance with Section
30.75.080(E).
(2) The Planning Director shall prepare written findings of fact in accordance with Section 30.75.140 as necessary to support any decision to grant permit approval.
(3) No public hearing shall be required.
(4) Public notice shall be required in accordance with Section 30.75.120. (5) Once a final decision of approval, conditional approval, or denial is issued by the Planning Director, the notice of final action shall be provided within five working days to the Executive Director of the Coastal Commission and to any interested parties who requested notice in writing in accordance with Section 30.75.100.
(6) Within the appealable area of the coastal zone (Section 30603 of the Coastal Act and as generally shown on the City Post Certification Map) property that is located between the first public road and the sea, within 300 feet of a beach or the mean high tide line, and all areas within 100 feet of wetlands and streams), the Planning Director’s decision to approve an Administrative CDP in the Housing Element Implementation Overlay Zone may be appealed to the Coastal Commission within 10 working days in accordance with Section 30.75.110. Proposed development in the Housing Element Implementation Overlay Zone that is located outside of the coastal zone appealable area is not appealable to the Coastal Commission.
D. Upon issuance of an administrative CDP, the applicant may apply for an administrative level approval of required Construction Permits as applicable.
E. Reserved.
SECTION THREE: That DMMC Section 30.92.040 be amended to read as follows:
30.92.040 Development Standards.
The development standards applicable to proposed development in the Housing Element Implementation Overlay Zone shall be in accordance with the applicable base zone, overlay zones, and all applicable provisions of DMMC Title 30, unless otherwise indicated herein, or where necessary to comply with Federal and State law.
A. Density. 20-25 dwelling units per net acre.
B. Construction Design Standards.
(1) Setbacks.
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Ordinance No. XXX
a. Front yard: 10 feet or as otherwise required, whichever is greater.
Street Side Yard: 10 feet or as otherwise required, whichever is greater.
b. If parcels in the Overlay Zone share a property line with an adjacent parcel developed with an existing single dwelling unit or duplex residential use, the following additional setback requirements apply to proposed projects in the Overlay Zone to provide an appropriate transition to the existing use:
i. A minimum 15-foot-wide landscaped buffer (setback) shall be provided and maintained on the project side of any property line.
ii. Any upper stories of residential uses in the Overlay Zone shall be setback 30 feet from any property line adjacent to the residential use.
c. Construction, grading, or other encroachment of any kind on substantial steep slopes (as defined in DMMC Section
30.52.060A.1.b), or within 20 feet of the top or 10 feet of the bottom of substantial steep slopes exceeding 25 percent grade, or the construction of structures which overhang such steep slopes or steep slope setbacks, shall be not be allowed.
(2) Building Design.
a. Maximum average size of dwelling units for a development site shall not exceed 1,000 square feet of “Bulk Floor Area” as defined and regulated in DMMC Chapter 30.72, excepting that attached dwelling units shall be measured to the center of shared building walls. b. No more than 75% of any building facade shall be in a single plane.
An average of a five-foot offset, with a minimum of one-foot, is required for the remaining 25% of the building facade.
c. Decks on any roof of any building shall not be allowed. d. Habitable portions of the development exceeding one-story shall have a “flat roof” design, allowing minimum necessary slope for drainage.
e. Single-story design elements such as entries and clerestories with two-story volume or heights shall not be allowed.
f. Ceiling heights on any habitable building level shall not exceed 10 feet.
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Ordinance No. XXX
g. Elevated deck areas associated with individual units shall be limited to 100 square-feet in area and shall be oriented towards the street, and no elevated deck shall face a property line shared with an adjacent parcel developed with an existing single dwelling unit or duplex residential use.
h. Covered outdoor areas, including but not limited to entries, porches, decks and balconies, shall be limited to 10% of the associated unit size.
i. Earth tone paint and material colors shall be used for building exteriors, including flat roofs.
(3) Auxiliary Structures/Equipment and Utilities.
a. All roof appurtenances including, but not limited to air conditioning units and mechanical equipment shall be shielded to eliminate noise and architecturally screened from view from on-site parking areas, adjacent public streets, and adjacent properties.
b. All ground-mounted mechanical equipment, including but not limited to heating and air conditioning units, trash receptacle areas and adequate areas for collecting and loading recyclable materials, shall be completely shielded to eliminate noise and screened from surrounding properties by use of a wall, view-obscuring fencing and/or landscaping, or enclosed within a building.
c. Ground-mounted mechanical or electrical equipment shall be screened using a combination of elements including solid masonry walls, berms, and landscaping. Screening wall shall be designed to be architecturally compatible with the building design. All new and existing utility service connections within the boundaries of the development site shall be placed underground.
d. Trash receptacles and adequate areas for collecting and loading recyclable materials shall be incorporated into the building design, located in garages, and/or enclosed by a six-foot high masonry wall with view-obscuring gates and screened with vegetation. The finish materials and colors of an exterior enclosure shall match the exterior building materials. No trash receptacle and areas for collecting and loading recyclable materials shall face a property line shared with an adjacent parcel developed with an existing single dwelling unit or duplex residential use.
e. Outdoor storage areas shall be entirely enclosed by solid masonry walls not less than six feet in height to adequately screen such areas from public view. Substitutions such as masonry, wood, or metal 8 June 6, 2022 Item 05
Ordinance No. XXX
pilasters with wrought iron or chain link and view-obscuring material must be harmonious with exterior building materials.
f. Any gutters, scuppers, or downspouts proposed on the exterior of a building shall be decorative or designed to be integrated with the building façade.
(4) Site and Landscape Standards.
a. Hardscape shall be limited to no more than 20 percent of front yard and street side yard setbacks, including driveways and drive aisles. b. Screening plants shall buffer privacy encroaching views in at least 75% of the intended area, with species selected to reach this standard within one-year of planting. Grasses and deciduous plants shall not be used for screening purposes.
c. For screening purposes, any new trees shall be provided at a minimum 24-inch box size and any new shrubs shall be provided at a minimum five-gallon size.
d. New trees shall be non-invasive according to the California Invasive Plant Council guidance.
e. Only regionally native species shall be planted within steep slope setback areas and wetland buffer areas.
(5) Parking.
a. Parking shall be provided in accordance with DMMC Chapter 30.80. b. Garage parking shall be required in accordance with the provisions of DMMC Chapter 30.80, unless accommodation without a garage enclosure is necessary to meet the minimum density range to provide affordable units.
c. When garage parking is not required per the exception listed in Section 30.92.040.B-5(b), required parking areas/spaces shall be:
i. Located at the rear of the development site and screened from public view by the dwelling unit structure(s) and/or landscape screening; or
ii. Located at grade, situated beneath dwelling units and screened from view along fronting streets by architectural and/or landscaping features.
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Ordinance No. XXX
d. Private drive aisles accessing parking shall be located at the rear or side of a property to avoid excessive curb cuts and maximize landscaping at the street frontage.
e. Curb cuts shall be located to maximize sight distances for motorists, bicycles and pedestrians entering or exiting the property, crossing the driveways, and to limit interference with off-site circulation, parking, and safety. Any vegetation proposed to be planted adjacent to a driveway shall be selected and located so as to maintain adequate sight lines to and from the property, and along the property frontage to the public street(s) and intersection(s).
f. Driveway slope angles shall not exceed 15%.
g. Open-sided parking coverings that contain solar collectors/panels shall not be calculated towards maximum allowed Lot Coverage.
H. Surface parking areas shall be separated from a building with both a raised pedestrian sidewalk (minimum four feet in width) and a landscape strip (minimum eight feet in width).
(6) Exterior Lighting.
a. All exterior lighting shall be low intensity, shielded, and directed downward, below the horizontal plane of the fixture, to prevent objectionable brightness or light trespass onto adjacent properties.
The source of the light bulb must not be visible from adjacent properties or public rights of way. Natural gas lighting shall not be allowed. The color temperature of exterior lighting located adjacent to ESHA, or adjacent to the shoreline, shall be 2700 Kelvin or lower. b. Fixtures must be “Full Cut Off” designated or “Fully Shielded” fixtures, so that no light is emitted above the lowest light emitting part of the fixture. Shielded and unshielded up-lighting shall not be allowed.
c. Light fixtures shall be located no closer to the property line than four times the mounting height of the fixture, and shall not exceed the height of adjacent off-site structures.
d. Focused flood lighting may be allowed for security purposes but shall be mounted to be downward directed only, shall be located no higher than the first story, and shall utilize motion-sensor activation at all times.
e. Accent lighting used only for highlighting architectural features (e.g., “wall washing”) shall not be allowed.
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Ordinance No. XXX
f. Pole-mounted lights shall not be allowed unless the lighting source is entirely screened from public view from a public street or shielded in a courtyard or interior portion of a multiple-dwelling unit complex and light is shielded from any adjacent parcel developed with an existing single dwelling unit or duplex residential use.
C. Minimization of Flood Risk.
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:
(1) During review of applications for development, 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 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.
(2) 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.
SECTION FOUR: That DMMC Section 30.92.050 be amended to read as follows:
30.92.050 Mitigation, Monitoring, and Reporting.
All proposed multiple dwelling unit housing development within the Housing Element Implementation Overlay Zone shall be subject to the following objective standard protocols for mitigation, monitoring, and reporting as necessary to avoid a significant impact to the environment in accordance with applicable State and Federal laws.
A. Cultural Resources.
(1) Historic Resources.
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Ordinance No. XXX
a. Where development would involve the alteration or demolition of a structure greater than 50 years old, a historic evaluation by a Secretary of Interior's Standards for Architectural Historian or Historic Architect shall be provided to determine if the resource meets the definition of a Historic Resource as defined in CEQA Guidelines Section 15064.5. If the structure is determined to be a Historic Resource, any proposed alteration shall follow mitigation guidelines contained in CEQA Guidelines Section 15126.4(b).
Mitigation standards may include, but are not limited to avoidance and preservation, conducting alterations in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties (including as applicable, standards for Preservation, Rehabilitation, Restoration and Reconstruction), and documenting resources. The approach to comply with these standards shall be prepared by an Architectural Historian or Historic Architect and provided to the City.
b. Demolition and/or significant diminution of designated historic landmarks shall be prohibited.
(2) Native American Consultation.
Upon receipt of a development proponent’s preliminary application, the City shall request consultation regarding the proposed development with any California Native American Tribe that is traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1 of the Public Resources Code, and contact the Native American Heritage Commission for assistance in identifying any California Native American Tribe. The City shall provide formal notice for each Tribe traditionally and culturally affiliated with the geographic area of the project site including the location and a description of the proposed development, and an invitation to engage in scoping consultation. The local government shall request that each tribe notify the City if it accepts the invitation to engage in consultation within 30 days, unless additional time is requested.
The local government must initiate consultation within 30 calendar days of a Tribe’s acceptance of the invitation to engage in consultation.
Consultation occurs between the City and the tribe(s) and must comply with the confidentiality requirements. Tribal consultation concludes either 1) upon documentation of an enforceable agreement regarding the treatment of tribal resources at the project site (Government Code §65913.4(b)(2)(D)(i)), or 2) one or more parties to the consultation, acting in good faith and after a reasonable effort, conclude that a mutual agreement cannot be achieved (Government Code §65913.4(b)(2)(D)(ii)). (3) Archaeological Survey.
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Ordinance No. XXX
a. Any development project that involves disturbance of soils, including native soils that may have been previously disturbed or compacted, shall be required to submit an archaeological survey report unless previous tribal consultation correspondence for the project site indicates there is no concern with grading activities on site b. An archaeological survey report shall be submitted by a Registered Professional Archaeologist.
c. The survey report shall include a record search of known archaeological resources and document results of the field survey including any resources encountered.
(4) Siting and Design
Development shall be sited and designed to avoid adverse impacts to important archaeological resources to the maximum extent feasible. If there is no feasible alternative that can avoid impacts to important or unique archaeological resources, then the alternative that would result in the least adverse impacts to important or unique archaeological resources that would not result in additional adverse impacts to other coastal resources shall be required.
(5) Testing and Mitigation
a. If potential impacts to archaeological resources cannot be avoided, the Registered Professional Archaeologist shall develop and implement an archaeological testing program. The testing program shall be adequate to allow a determination of significance pursuant to CEQA Guidelines Section 15064.5(b) and shall include a Native American monitor.
b. Should the testing find significant resources are present, a mitigation program shall be implemented consistent with CEQA Guidelines Section 15126.4(b)(3).
c. Mitigation shall be designed in compliance with the guidelines of the State Office of Historic Preservation and the State Native American Heritage Commission. Mitigation may include, but is not limited to, conservation and protection of the site in perpetuity, implementation of a data recovery plan, or other on-site preservation methods such as capping.
d. In-situ preservation and avoidance of cultural depositions shall be considered the preferred mitigation option.
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Ordinance No. XXX
i. For in-situ preservation or reburial, the boundaries of the resource shall be determined and a setback shall be no less than 20 feet and may be larger if necessary to protect the cultural deposit.
ii. Where in-situ preservation and avoidance is not feasible, partial or total recovery of important or unique archaeological resources shall be undertaken.
iii. Examples of methods to accomplish in-situ preservation or avoidance include, but are not limited to:
Siting and designing structures to avoid important or unique archaeological resources;
Planning construction to prevent contact with important or unique archaeological deposits;
Planning parks, green space, or other open space to preserve important or unique archaeological sites;
“Capping” or covering important or unique archaeological sites with a layer of soil before building tennis courts, parking lots, or similar facilities. Capping may be used where: the soils to be covered will not suffer serious compaction; the cover materials are not chemically active; the site is one in which the natural processes of deterioration have been or can be
effectively arrested; and the site has been recorded.
iv. Although the placement of fill on top of an archaeological site may reduce direct impacts of construction, indirect impacts may result from the loss of access to the site for research purposes and scarification and compaction of soils.
v. To mitigate these impacts, a sample of the cultural resource shall be excavated and appropriately curated for research purposes; and
vi. Action shall be taking to designate important or unique archaeological sites into permanent conservation easements held for the benefit of the public.
e. A Native American monitor shall be consulted regarding the proposed mitigation plan as well as representatives of Native American groups that agreed to participate in the initial consultation process. If there is disagreement regarding the culturally affiliated tribal government, the Native American Heritage Commission shall 14 June 6, 2022 Item 05
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be consulted. All reports, methods, testing programs, curation, and other aspects of the archaeological investigation shall follow the Secretary of the Interior’s Guidelines for Archaeological Documentation.
(6) Preconstruction Meeting Coordination and Archaeological and Native American Monitoring.
a. Archaeological monitoring is required in accordance with Section
30.92.050(A)(3)(b), unless a Registered Professional Archaeologist and Native American Monitor provide written recommendation that monitoring is not recommended.
b. Prior to the start of any ground-disturbing activity, an archaeological and Native American monitor from a traditionally and culturally affiliated tribe that is included on an updated Native American Heritage Commission (NAHC) list, as well as a Native American most likely descendant (MLD) when State Law mandates identification of a MLD, shall be retained to monitor ground-disturbing activities including, but not limited to, grading, excavation, brush clearance, and grubbing. The archaeological monitor shall conduct
preconstruction cultural resources worker sensitivity training to bring awareness to personnel of actions to be taken in the event of a cultural resources discovery.
c. The duration and timing of monitoring shall be determined by the qualified archaeologist in consultation with the City and the Native American Monitor. Initially, all ground-disturbing activities shall be monitored. However, the qualified archaeologist, based on observations of soil stratigraphy or other factors, and in consultation with the City and the Native American Monitor, may reduce the level of monitoring as warranted.
(7) Discovery of Archaeological Resources
a. In the event that archaeological resources are accidently discovered or unearthed during construction activities, all job operations within a 25-meter radius shall be temporarily suspended or redirected until the qualified archaeologist and Native American monitor have identified and evaluated the nature and significance of the find, in compliance with CEQA Guidelines Section 15064.5(f).
b. Construction activities shall be redirected to other work areas until the archaeologist and Native American monitor determine that work can resume in the vicinity of the find.
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c. If the artifact that is accidentally discovered or unearthed is of Native American origin, the certified archaeologist and a culturally affiliated Native American with knowledge of cultural resources shall be consulted for identification and evaluation.
d. If the discovery is determined significant, a data recovery program or other treatment method determined in consultation with the City and Native American with knowledge of the cultural resources, if applicable, shall be implemented in order to mitigate impacts to the resource.
e. The applicant shall transfer ownership of Native American cultural resources to the appropriate Native American Tribe for proper treatment and disposition, if requested by the Tribe.
f. In the event that human remains are discovered or unearthed during construction activities, all job operations within a 25-meter radius of the human remains shall be temporarily suspended or redirected and the county coroner must be contacted as required by California Health and Safety Code Section 7050.5.
g. If the remains are determined by the coroner to be Native American in origin, the coroner is responsible for contacting the Native American Heritage Commission (NAHC) within 24 hours. California PRC Sections 5097.94 and 5097.98 require consultation with the NAHC, protection of Native American remains, and notification of most likely descendants to ensure the appropriate and dignified treatment of Native American human remains and any associated grave goods.
h. The City shall notify the Coastal Commission staff that significant archaeological resources were discovered during construction.
B. Biological Resources.
(1) Required Technical Reports and Surveys
The applicant shall provide information with the development application detailing the biological resources present on-site including identification of jurisdictional resources such as State or Federal wetland, environmentally sensitive habitat area (as defined in DMMC Section 30.75.030). If wetlands are present as defined in DMMC Section 30.53.030, a jurisdictional wetland delineation shall be provided. If there is a potential for sensitive plant or wildlife species to be present, applicable protocol surveys shall be conducted.
(2) Siting Design and Monitoring
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a. Protection of Wetlands
i. If wetlands are present on-site the project design shall ensure wetlands are preserved and where appropriate restored,
along with a minimum 100-foot wetland buffer. If wetlands are located off-site, a 100-foot wetland buffer shall be provided from the edge of the off-site wetland to the edge of the development footprint.
ii. The wetland buffer may be reduced to no less than 50-feet with written concurrence from the California Department of Fish and Wildlife (CDFW) and the California Coastal
Commission, and after findings have been made that the
physical characteristics of the site, such as the size and dimensions of the property, are adequate to protect the resources of the adjacent wetlands.
iii. The findings for a reduced wetland buffer shall be based on site-specific factors, such as the type, size and nature of the development proposed, the mitigation measures provided
(such as planting of vegetation or construction of fencing); elevation differentials which may exist between the proposed development and wetland areas; the need for upland
transitional habitat, or other similar factors which will serve to contribute to the purposes of a wetland buffer area. When making these findings, the recommendations of CDFW and
CCC shall be considered.
iv. Permitted uses in wetlands are specified in DMMC Section
30.53.080.
v. Wetland buffers shall be consistent with DMMC Section
30.53.090. Public access to wetlands and wetland buffer areas shall be restricted as necessary to maintain the
biological productivity of the wetland. This may be
accomplished by landscape berms, fencing, or other suitable barriers.
b. Protection of Environmentally Sensitive Habitat Areas (ESHA) i. Sensitive habitat areas (including wetlands and wetland buffers) shall be retained or restored to their natural state to ensure the future protection of the designated area(s) from encroachment, disturbance, or degradation.
ii. Prior to the issuance of Certificate(s) of Occupancy, protected habitat areas shall be preserved through recordation of an 17 June 6, 2022 Item 05
Ordinance No. XXX
open space deed restriction, conservation easement, or open space easement over the protected area(s) to ensure their protection and to serve notice to the property owner,
subsequent owners or interested parties of the restrictions in effect on such property.
iii. ESHA shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas.
iv. Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the
continuance of those habitat and recreation areas.
v. Sensitive habitat shall be protected by appropriate buffers.
Encroachment into ESHA buffers shall be avoided, including encroachment for fuel modification and brush management. (3) Protected Trees
Removal of Torrey Pines or Monterrey Cyprus trees shall be replaced or mitigated at appropriate ratios as determined by the Planning Director in consultation with a qualified arborist.
(4) Where landscaping or revegetation is proposed, the landscaping and/or revegetation plan shall not include any invasive plant species listed on the California Invasive Plant Council’s Invasive Plant Inventory Database or cultivars of any such listed species.
(5) Limits on Construction During Breeding Season
a. The clearing and grading of trees and shrubs shall occur outside of the avian and raptor breeding season of February 1 through August 31 to avoid damage to nests and nesting birds consistent with the Migratory Bird Treaty Act.
b. If clearing and grading during the avian breeding season is proposed, then a focused nest survey shall be conducted by a qualified biologist 72 hours prior to the vegetation removal. If active nests are discovered during the nest survey, those nests shall be avoided until the young have fledged.
c. Appropriate nest setback distances shall be implemented during construction based on applicability of noise attenuation measures, the topography between the nest and the proposed disturbance 18 June 6, 2022 Item 05
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activity, and the surrounding vegetation. These setbacks shall be a minimum of 300 feet for passerine species and 500 feet for raptor species, but may be reduced when located in highly urban settings if approved by the Executive Director of the California Coastal Commission.
d. Where habitat for California gnatcatcher is present within or adjacent to the project site, breeding season avoidance measures shall be implemented.
i. If project-related work is to occur during the breeding season for California gnatcatcher (February 15 through August 31), pre-construction protocol-level surveys for California
gnatcatcher shall be performed to determine the status of breeding California gnatcatchers on site and within 500 feet of the site.
ii. If a nesting California gnatcatcher pair is detected on site or within 500 feet of the site, noise attenuation measures shall be implemented to ensure that ambient noise levels are equal to or less than 65 decibels at the nest.
iii. If ambient noise levels before project construction exceed 65 dB, noise attenuation measures shall be implemented to
ensure the baseline noise level is not exceeded.
iv. Nest monitoring by an individual holding a Section 10(a) U.S.
Fish and Wildlife Service recovery permit for California gnatcatcher shall be conducted to ensure that the nesting California gnatcatchers remain undisturbed by construction.
C. Noise.
(1) Construction Noise. The applicant shall provide a construction noise mitigation program to the City that demonstrates how construction activities will comply with DMMC Section 9.20.050. Construction noise reduction measures may include, but are not limited to the following:
a. Temporary sound barriers/shielding adjacent to sensitive receivers.
The required location, height, and materials of the barrier shall be specified.
b. Siting of staging areas, stationary noise sources, and other noise generators away from sensitive receivers.
c. Reduction of construction equipment idling time and fitting of construction equipment with noise reducing devices.
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d. Resident notification of construction schedule.
(2) On-site Noise.
a. Project designs shall ensure all outdoor noise generating equipment is shielded to provide noise attenuation to achieve noise level limits at the nearest property line consistent with DMMC Section 9.20.040 - Sound Level Limits.
b. Project outdoor use areas shall be shielded from roadway noise through building attenuation or other methods.
D. Paleontological Resources.
(1) Submittal Requirements, Technical Reports, and Surveys.
Applicants shall be required to provide the following supporting information as part of a development application to determine applicability of this section:
a. The types and depth of geological formations present. b. The paleontological sensitivity of each geologic formation. c. Proposed grading depths into each formation.
(2) Siting and Design
a. New development shall be sited and designed to avoid adverse impacts to paleontological resources to the maximum extent feasible.
b. If there is no feasible alternative that can eliminate all impacts to paleontological resources, then the alternative that would result in the fewest or least significant impacts to resources shall be selected. c. Impacts to paleontological resources that cannot be avoided through siting and design alternatives shall be mitigated.
d. When impacts to paleontological resources cannot be avoided, mitigation shall be required that includes procedures for monitoring, grading and handling fossil discoveries that may occur during development.
(3) Preconstruction Meeting Coordination and Monitoring 20 June 6, 2022 Item 05
Ordinance No. XXX
a. Any project that requires disturbance into high or moderate sensitivity paleontological formations shall be required to provide a paleontological monitor during ground disturbing activities. b. A qualified paleontologist (an individual with an MS or PhD in paleontology or geology who is familiar with paleontological procedures and techniques, who is knowledgeable in the geology and paleontology of San Diego County, and who has worked as a paleontological mitigation project supervisor in the County for a least one year) shall attend the preconstruction meeting to consult with the grading and excavation contractors concerning excavation schedules, paleontological field techniques, and safety issues. c. A paleontological monitor (an individual who has experience in the collection and salvage of fossil materials, working under the direction of a qualified paleontologist) shall be on site on a full-time basis during the original cutting of previously undisturbed deposits of high paleontological resource potential to inspect exposures for contained fossils.
d. Grading activities in previously undisturbed deposits of moderate paleontological resource potential shall be monitored on a part-time basis.
(4) Discovery of Paleontological Resources
a. In the event that paleontological resources are discovered or unearthed during project subsurface activities, all earth-disturbing work within a 100-meter radius shall be temporarily suspended or redirected until a certified paleontologist has recovered, identified, and/or evaluated the nature and significance of the find, in compliance with CEQA Guidelines Section 15064.5(f).
b. Mitigation measures shall be implemented to address the impacts of the construction on the resources following the guidance of
30.92.050(A)(4)(d).
c. After the find has been appropriately mitigated, work in the area may resume.
d. During the monitoring and recovery phases of the mitigation program, the qualified paleontologist and/or the paleontological monitor shall routinely collect stratigraphic data (e.g., lithology, vertical thickness, lateral extent of strata, nature of upper and lower contacts, and taphonomic character of exposed strata). Collection of such data is critical for providing a stratigraphic context for any recovered fossils.
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e. Fossil remains collected during monitoring and salvage shall be cleaned (removal of extraneous enclosing sedimentary rock material), repaired (consolidation of fragile fossils and gluing together broken pieces), sorted (separating fossils of the different species), and cataloged (scientific identification of species, assignment of inventory tracking numbers, and recording of these numbers in a computerized collection database) as part of the mitigation program.
f. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego Natural History Museum. Donation of the fossils shall be accompanied by financial support for preparation, curation, and initial specimen storage, if this work has not already been completed. g. A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils.
h. The City shall notify the Coastal Commission staff that significant paleontological resources were discovered during construction.
E. Public Views.
Projects shall be designed to ensure that no scenic views from public streets, roads or pedestrian trails are obstructed, unless there is no feasible alternative siting which eliminates or significantly reduces the obstruction, and that the bulk and scale of the proposed structure have been minimized to the greatest extent feasible commensurate with preserving the physical characteristics of the site. Protection of public views will be evaluated based on consistency with public view protection policies IV-22 through IV-27 of the City of Del Mar Local Coastal Program (LCP) Land Use Plan as well as the appropriate setback(s) that protect public scenic views to the ocean.
F. Steep Slopes.
Construction, grading, or other encroachment of any kind on substantial steep slopes exceeding 25 percent grade, or within 20 feet of the top or 10 feet of the bottom of substantial steep slopes exceeding 25 percent grade, or the construction of structures which overhang such steep slopes or steep slope setbacks, shall be prohibited except as specified in DMMC Section 30.52.060(A).
G. Wildfire.
To ensure protection of the public health and safety from wildfire, all development within or adjacent to a “Very High” or “High” Fire Hazard Severity Zone shall be required to 22 June 6, 2022 Item 05
Ordinance No. XXX
incorporate enhanced fire safety measures consistent with Section(H) of the Bluff, Slope and Canyon Overlay Zone Regulations found in the certified LCP as well as the State Fire Code and Building Code to the satisfaction of the Fire Marshall and Building Official.
H. Flooding
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:
1. The landowner shall record a notice on the property and notice all occupants that:
a. 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;
b. 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.
2. Where necessary to ensure coastal resource protection and compliance with the Coastal Act based on the site-specific context, the notice required per Section 30.92.050(H)(1) shall also reflect the following:
a. That sea level rise and flooding could render it difficult or impossible to provide services to the site;
b. 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; and
c. 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.
3. 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 FIVE: That DMMC Section 30.75.100 (Notice of Action on Coastal Development Permit Applications) be amended to read as follows:
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30.75.100 Notice of Action on Coastal Development Permit Applications Upon final action on an application for a Coastal Development Permit, the City shall, within five working days of the final action, mail notice to the Executive Director of the California Coastal Commission and to interested parties who have requested notice in writing describing the action taken by the City.
SECTION SIX: That DMMC Section 30.75.110 (Coastal Development Permits Reviewed by the City – Appeals to the Coastal Commission) be amended to read as follows:
30.75.110 Coastal Development Permits Reviewed by the City – Appeals to the Coastal Commission.
(A) [No change]
(B) The period for appeal to the Coastal Commission on an action rendered by the City on a Coastal Development Permit application shall be ten working days, commencing on the day after written notice of the City’s final action on the application is received at the staff offices of the Coastal Commission. (C) [No change]
SECTION SEVEN: This Ordinance amends Ordinance 979 which creates the prospective DMMC Zoning Chapter 30.92 Housing Element Implementation Overlay Zone (HEI-OZ) and Ordinance 980 which amends Ordinance 979 and applies the HEIOZ Overlay Zone to APNS 299-100-47 and 299-100-48.
SECTION EIGHT: The City Council finds that approval of this Ordinance is Statutorily Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15265 because the proposed action constitutes an amendment to the City’s certified Local Coastal Program (LCP) to facilitate the implementation of Government Code Section 65583.2 (h) and (i) pursuant to State Housing law. CEQA does not apply to activities or approvals by a local government as necessary for the preparation and adoption of a LCP amendment for review and certification by the California Coastal Commission (CCC) as set forth in Section 21080.9 of the Public Resources Code.
Accordingly, the certified City of Del Mar LCP constitutes a plan for use in the CCC’s regulatory program as certified under Section 21080.5 of the Public Resources Code. The proposed actions include a corollary amendment to the City’s Municipal Code (Zoning).
The future application of the Overlay Zone to certain parcels as required by the City’s Housing Element to implement Government Code Section 65583.2 (h) and (i) will be analyzed in accordance with CEQA prior to such approval.
SECTION NINE: This Ordinance was introduced by the City Council on May 16, 2022.
SECTION TEN: 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 the votes cast. 24 June 6, 2022 Item 05
Ordinance No. XXX
SECTION ELEVEN: Upon adoption, the Ordinance will be submitted to the California Coastal Commission for final certification of the submitted Local Coastal Program Amendment. The Ordinance will take effect and be in force on the date the Coastal Commission takes action to unconditionally certify the Local Coastal Program Amendment.
SECTION TWELVE: The City shall file a copy of the adopted Ordinance with the State Department of Housing and Community Development once final certification is granted by the Coastal Commission.
SECTION THIRTEEN: If any section, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, illegal or unconstitutional by a decision or order of any court of competent jurisdiction, then such decision or order shall not affect the validity and enforceability of the remaining portions of this Ordinance. The City Council hereby declared that it would have passed and adopted this Ordinance, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases is declared invalid, illegal or unconstitutional.
BE IT FURTHER RESOLVED, that staff is hereby directed to submit the Local Coastal Program Amendment to the Coastal Commission for final certification.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 6
th day June 2022.
________________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
25 June 6, 2022 Item 05
Ordinance No. XXX
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Interim City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. XXX, 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 6
th day of June, 2022, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
26 June 6, 2022 Item 05
ORDINANCE NO. 979
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, ADDING ZONING CHAPTER 30.92 TO THE
DEL MAR MUNICIPAL CODE TO CREATE A NEW HOUSING
ELEMENT IMPLEMENTATION OVERLAY ZONE AS AN
OVERLAY ZONING TOOL THAT CAN BE APPLIED TO REAL
PROPERTY THROUGH FUTURE REZONE ACTIONS AT THE
DISCRETION OF THE CITY COUNCIL WHEN NECESSARY TO
IMPLEMENT REQUIRED CITY OF DEL MAR HOUSING
ELEMENT PROGRAM ACTIONS PER STATE LAW
WHEREAS, the Housing Element is a State-mandated policy document with associated mandated regulatory requirements as set forth in the California Government Code; and
WHEREAS, California Government Code §65583.2(h) and (i) imposed a requirement on the City of Del Mar to process a rezone program as reflected in the existing 5th Cycle Housing Element Program 2G due to the City’s failed progress during its 4th Cycle Housing Element planning period; and
WHEREAS, State law requires the City complete implementation of the required Program 2G rezone action by April 15, 2021, which is the end of the 5th Cycle planning period, in order to avoid enforcement penalties set forth in the Government Code; and WHEREAS, 5th Cycle Housing Element Program 2G requires the City amend its Community Plan North Commercial land use designation and rezone APNs 299-100-47 and 299-100-48 located in the North Commercial Zone to allow multiple dwelling unit residential use by-right at a density range of 20-25 dwelling units per acre with an affordability component; and
WHEREAS, the proposed Housing Element Implementation Overlay Zone will facilitate timely implementation of the required Program 2G rezone action; and WHEREAS, once created, the overlay zone could be applied to parcels throughout the City via rezone actions in the future as necessary to implement the City’s Housing Element and comply with State law; and
WHEREAS, pursuant to State law, rezone programs in the overlay zone will be subject to an administrative level ministerial approval process where submitted development applications will be reviewed for compliance with the published development standards and mitigation, monitoring, and reporting criteria; and WHEREAS, on January 12, 2021, the Planning Commission unanimously recommended that the City Council proceed with timely approval to bring the City into compliance with State law and minimize the City’s risk of State penalties, fiscal impacts, and associated negative consequences due to its current status in violation of State law; and
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WHEREAS, on February 16, 2021, the City Council considered an ordinance to adopt the overlay zone and directed staff to prepare objective design standards to be included in the overlay zone; and
WHEREAS, on February 24, 2021, the Design Review Board considered the concept of design standards in the overlay and provided feedback to the City Council; and
WHEREAS, on March 9, 2021, the Planning Commission re-reviewed the overlay zone and further recommended incorporation of objective design standards that would be applicable to parcels where the overlay zone is to be applied.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar does hereby ordain as follows:
SECTION ONE: That the Del Mar Municipal Code (DMMC) be amended to add a new Chapter 30.92 Housing Element Implementation Overlay Zone to read as follows:
Chapter 30.92 – Housing Element Implementation Overlay Zone
30.92.010 Purpose.
The purpose and intent of the Housing Element Implementation Overlay Zone is to facilitate housing opportunities within the community via implementation of required rezone programs pursuant to the City of Del Mar’s adopted Housing Element where required for compliance with State Housing Element law.
30.92.020 Areas of Applicability.
The areas of applicability for the Housing Element Implementation Overlay Zone shall include the following properties:
APN Location Housing Element Program Description Base Zone
30.92.030 Process for Permit Approval.
A. Notwithstanding the standard permit process provisions of the Del Mar Municipal Code, permit approvals for proposed multiple dwelling unit housing development within the Housing Element Implementation Overlay Zone shall be issued in accordance with an administrative level ministerial approval process where the proposed development is consistent with the applicable Housing Element program indicated in Section 30.92.020 and development standards in Section 30.92.040.
B. Proposed development on property in the Housing Element Implementation Overlay Zone that does not meet the criteria stated in Section 30.92.030(A) shall 28 June 6, 2022 Item 05
Ordinance No. 979
be subject to the standard procedures for permit approval pursuant to the Del Mar Municipal Code.
C. An administrative Coastal Development Permit (CDP) shall be required for proposed development.
(1) The administrative CDP shall be obtained in accordance with Section
30.75.080(E).
(2) The Planning Director shall prepare written findings of fact in accordance with Section 30.75.140 as necessary to support any decision to grant permit approval.
(3) No public hearing shall be required.
(4) Public notice shall be required in accordance with Section 30.75.120. (5) Once a final decision of approval, conditional approval, or denial is issued by the Planning Director, the notice of final action shall be provided within seven calendar days to the Executive Director of the Coastal Commission and to any interested parties who requested notice in writing in accordance with Section 30.75.100.
(6) Within the appealable area of the coastal zone (Section 30603 of the Coastal Act and as generally shown on the City Post Certification Map) property that is located between the first public road and the sea, within 300 feet of a beach or the mean high tide line, and all areas within 100 feet of wetlands and streams), the Planning Director’s decision to approve an Administrative CDP in the Housing Element Implementation Overlay Zone may be appealed to the Coastal Commission within 10 calendar days in accordance with Section 30.75.110. Proposed development in the Housing Element Implementation Overlay Zone that is located outside of the coastal zone appealable area is not appealable to the Coastal Commission.
D. Upon issuance of an administrative CDP, the applicant may apply for an administrative level approval of Construction Permits as applicable in accordance with DMMC Chapter 23.05 (Construction Permits).
E. Reserved.
30.92.040 Development Standards.
The development standards applicable to proposed development in the Housing Element Implementation Overlay Zone shall be in accordance with the applicable base zone, overlay zones, and all applicable provisions of DMMC Title 30, unless otherwise indicated herein, or where necessary to comply with Federal and State law.
A. Density. 20-25 dwelling units per net acre.
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B. Construction Design Standards.
(1) Setbacks.
a. Front yard: 10 feet or as otherwise required, whichever is greater.
Street Side Yard: 10 feet or as otherwise required, whichever is greater.
b. If parcels in the Overlay Zone share a property line with an adjacent parcel developed with an existing single dwelling unit or duplex residential use, the following additional setback requirements apply to proposed projects in the Overlay Zone to provide an appropriate transition to the existing use:
i. A minimum 15-foot-wide landscaped buffer (setback) shall be provided and maintained on the project side of any property line.
ii. Any upper stories of residential uses in the Overlay Zone shall be setback 30 feet from any property line adjacent to the residential use.
c. Construction, grading, or other encroachment of any kind on substantial steep slopes (as defined in DMMC Section
30.52.060.1.b), or within 20 feet of the top or 10 feet of the bottom of substantial steep slopes exceeding 25 percent grade, or the construction of structures which overhang such steep slopes or steep slope setbacks, shall be not be allowed.
(2) Building Design.
a. Maximum average size of dwelling units for a development site shall not exceed 1,000 square feet of “Bulk Floor Area” as defined and regulated in DMMC Chapter 30.72, excepting that attached dwelling units shall be measured to the center of shared building walls. b. No more than 75% of any building facade shall be in a single plane.
An average of a five-foot offset, with a minimum of one-foot, is required for the remaining 25% of the building facade.
c. Decks on any roof of any building shall not be allowed. d. Habitable portions of the development exceeding one-story shall have a “flat roof” design, allowing minimum necessary slope for drainage.
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e. Single-story design elements such as entries and clerestories with two-story volume or heights shall not be allowed.
f. Ceiling heights on any habitable building level shall not exceed 10 feet.
g. Elevated deck areas associated with individual units shall be limited to 100 square-feet in area and shall be oriented towards the street, and no elevated deck shall face a property line shared with an adjacent parcel developed with an existing single dwelling unit or duplex residential use.
h. Covered outdoor areas, including but not limited to entries, porches, decks and balconies, shall be limited to 10% of the associated unit size.
i. Earth tone paint and material colors shall be used for building exteriors, including flat roofs.
(3) Auxiliary Structures/Equipment and Utilities.
a. All roof appurtenances including, but not limited to air conditioning units and mechanical equipment shall be shielded to eliminate noise and architecturally screened from view from on-site parking areas, adjacent public streets, and adjacent properties.
b. All ground-mounted mechanical equipment, including but not limited to heating and air conditioning units, trash receptacle areas and adequate areas for collecting and loading recyclable materials, shall be completely shielded to eliminate noise and screened from surrounding properties by use of a wall, view-obscuring fencing and/or landscaping, or enclosed within a building.
c. Ground-mounted mechanical or electrical equipment shall be screened using a combination of elements including solid masonry walls, berms, and landscaping. Screening wall shall be designed to be architecturally compatible with the building design. All new and existing utility service connections within the boundaries of the development site shall be placed underground.
d. Trash receptacles and adequate areas for collecting and loading recyclable materials shall be incorporated into the building design, located in garages, and/or enclosed by a six-foot high masonry wall with view-obscuring gates and screened with vegetation. The finish materials and colors of an exterior enclosure shall match the exterior building materials. No trash receptacle and areas for collecting and loading recyclable materials shall face a property line shared with an 31 June 6, 2022 Item 05
Ordinance No. 979
adjacent parcel developed with an existing single dwelling unit or duplex residential use.
e. Outdoor storage areas shall be entirely enclosed by solid masonry walls not less than six feet in height to adequately screen such areas from public view. Substitutions such as masonry, wood, or metal pilasters with wrought iron or chain link and view-obscuring material must be harmonious with exterior building materials.
f. Any gutters, scuppers, or downspouts proposed on the exterior of a building shall be decorative or designed to be integrated with the building façade.
(4) Site and Landscape Standards.
a. Hardscape shall be limited to no more than 20 percent of front yard and street side yard setbacks, including driveways and drive aisles. b. Screening plants shall buffer privacy encroaching views in at least 75% of the intended area, with species selected to reach this standard within one-year of planting. Grasses and deciduous plants shall not be used for screening purposes.
c. For screening purposes, any new trees shall be provided at a minimum 24-inch box size and any new shrubs shall be provided at a minimum five-gallon size.
d. New trees shall be regionally native or selected from the City of Del Mar’s Recommended Tree List.
e. Only regionally native species shall be planted within steep slope setback areas and wetland buffer areas.
(5) Parking.
a. Parking shall be provided in accordance with DMMC Chapter 38.80. b. Garage parking shall be required in accordance with the provisions of DMMC Chapter 30.80, unless accommodation without a garage enclosure is necessary to meet the minimum density range to provide affordable units.
c. When garage parking is not required per the exception listed in Section 30.92.040.B-5(b), required parking areas/spaces shall be:
i. Located at the rear of the development site and screened from public view by the dwelling unit structure(s) and/or landscape screening; or
32 June 6, 2022 Item 05
Ordinance No. 979
ii. Located at grade, situated beneath dwelling units and screened from view along fronting streets by architectural and/or landscaping features.
d. Private drive aisles accessing parking shall be located at the rear or side of a property to avoid excessive curb cuts and maximize landscaping at the street frontage.
e. Curb cuts shall be located to maximize sight distances for motorists, bicycles and pedestrians entering or exiting the property, crossing the driveways, and to limit interference with off-site circulation, parking, and safety. Any vegetation proposed to be planted adjacent to a driveway shall be selected and located so as to maintain adequate sight lines to and from the property, and along the property frontage to the public street(s) and intersection(s).
f. Driveway slope angles shall not exceed 15%.
g. Open-sided parking coverings that contain solar collectors/panels shall not be calculated towards maximum allowed Lot Coverage.
H. Surface parking areas shall be separated from a building with both a raised pedestrian sidewalk (minimum four feet in width) and a landscape strip (minimum eight feet in width).
(6) Exterior Lighting.
a. All exterior lighting shall be low intensity and directed downward, below the horizontal plane of the fixture, to prevent objectionable brightness or light trespass onto adjacent properties. The source of the light bulb must not be visible from adjacent properties or public rights of way. Natural gas lighting shall not be allowed. b. Fixtures must be “Full Cut Off” designated or “Fully Shielded” fixtures, so that no light is emitted above the lowest light emitting part of the fixture. Shielded and unshielded up-lighting shall not be allowed.
c. Light fixtures shall be located no closer to the property line than four times the mounting height of the fixture, and shall not exceed the height of adjacent off-site structures.
d. Focused flood lighting may be allowed for security purposes but shall be mounted to be downward directed only, shall be located no higher than the first story, and shall utilize motion-sensor activation at all times.
33 June 6, 2022 Item 05
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e. Accent lighting used only for highlighting architectural features (e.g., “wall washing”) shall not be allowed.
f. Pole-mounted lights shall not be allowed unless the lighting source is entirely screened from public view from a public street or shielded in a courtyard or interior portion of a multiple-dwelling unit complex and light is shielded from any adjacent parcel developed with an existing single dwelling unit or duplex residential use.
30.92.050 Mitigation, Monitoring, and Reporting.
All proposed multiple dwelling unit housing development within the Housing Element Implementation Overlay Zone shall be subject to the following objective standard protocols for mitigation, monitoring, and reporting as necessary to avoid a significant impact to the environment in accordance with applicable State and Federal laws.
A. Cultural Resources.
(1) Historic Resources.
a. Where development would involve the alteration or demolition of a structure greater than 50 years old, a historic evaluation by a Secretary of Interior's Standards for Architectural Historian or Historic Architect shall be provided to determine if the resource meets the definition of a Historic Resource as defined in CEQA Guidelines Section 15064.5. If the structure is determined to be a Historic Resource, any proposed alteration shall follow mitigation guidelines contained in CEQA Guidelines Section 15126.4(b).
Mitigation standards may include, but are not limited to avoidance and preservation, conducting alterations in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties (including as applicable, standards for Preservation, Rehabilitation, Restoration and Reconstruction), and documenting resources. The approach to comply with these standards shall be prepared by an Architectural Historian or Historic Architect and provided to the City.
b. Demolition and/or significant diminution of designated historic landmarks shall be prohibited.
(2) Native American Consultation.
Upon receipt of a development proponent’s preliminary application, the City shall request consultation regarding the proposed development with any California Native American Tribe that is traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1 of the Public 34 June 6, 2022 Item 05
Ordinance No. 979
Resources Code, and contact the Native American Heritage Commission for assistance in identifying any California Native American Tribe. The City shall provide formal notice for each Tribe traditionally and culturally affiliated with the geographic area of the project site including the location and a description of the proposed development, and an invitation to engage in scoping consultation. Each Tribe that receives this notice has 30 calendar days to accept the invitation to engage in consultation. The local government must initiate consultation within 30 calendar days of a Tribe’s acceptance of the invitation to engage in consultation. Consultation occurs between the City and the tribe(s) and must comply with the confidentiality requirements. Tribal consultation concludes either 1) upon documentation of an enforceable agreement regarding the treatment of tribal resources at the project site (Government Code §65913.4(b)(2)(D)(i)), or 2) one or more parties to the consultation, acting in good faith and after a reasonable effort, conclude that a mutual agreement cannot be achieved (Government Code §65913.4(b)(2)(D)(ii)).
(3) Archaeological Survey.
a. Where a site has been disturbed from prior development or grading activities, eliminating the possibility of surface archaeological resources to be encountered, an archaeological survey shall not be required.
b. For all other sites, an archaeological survey report shall be submitted by a Registered Professional Archaeologist.
i. The survey report shall include a record search of known archaeological resources and document results of the field survey including any resources encountered.
ii. If the surveys find the potential for significant resources, the Registered Professional Archaeologist shall develop and implement an archaeological testing program. The testing program shall be adequate to allow a determination of
significance pursuant to CEQA Guidelines Section 15064.5(b) and shall include a Native American monitor. Shall the testing find significant resources are present, a mitigation program shall be implemented consistent with CEQA Guidelines
Section 15126.4(b)(3). Mitigation may include, but is not limited to, conservation and protection of the site in perpetuity, implementation of a data recovery plan, or other on-site preservation methods such as capping.
iii. A Native American monitor shall be consulted regarding the proposed mitigation plan. If there is disagreement regarding the culturally affiliated tribal government, the Native American 35 June 6, 2022 Item 05
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Heritage Commission shall be consulted. All reports,
methods, testing programs, curation, and other aspects of the archaeological investigation shall follow the Secretary of the Interior’s Guidelines for Archaeological Documentation. (4) Archaeological and Native American Monitoring.
a. Archaeological monitoring is required in accordance with Section
30.92.050(A)(3)(b), unless a Registered Professional Archaeologist and Native American Monitor provide written recommendation that monitoring is not recommended.
b. Prior to the start of any ground-disturbing activity, an archaeological and Native American monitor shall be retained to monitor grounddisturbing activities including, but not limited to, grading, excavation, brush clearance, and grubbing. The archaeological monitor shall conduct preconstruction cultural resources worker sensitivity training to bring awareness to personnel of actions to be taken in the event of a cultural resources discovery.
c. The duration and timing of monitoring shall be determined by the qualified archaeologist in consultation with the City and the Native American Monitor. Initially, all ground-disturbing activities shall be monitored. However, the qualified archaeologist, based on observations of soil stratigraphy or other factors, and in consultation with the City and the Native American Monitor, may reduce the level of monitoring as warranted.
d. In the event that archaeological resources are accidently discovered or unearthed during construction activities, all earth-disturbing work within a 25-meter radius shall be temporarily suspended or redirected until the qualified archaeologist has identified and evaluated the nature and significance of the find, in compliance with CEQA Guidelines Section 15064.5(f). Construction activities shall be redirected to other work areas until the archaeologist determines that work can resume in the vicinity of the find. If the artifact that is accidentally discovered or unearthed is of Native American origin, the certified archaeologist and a culturally affiliated Native American with knowledge of cultural resources shall be consulted for identification and evaluation. If the discovery is determined significant, a data recovery program or other treatment method determined in consultation with the City and Native American with knowledge of the cultural resources, if applicable, shall be implemented in order to mitigate impacts to the resource. e. In the event that human remains are discovered or unearthed during construction activities, all earth-disturbing work within a 25-meter 36 June 6, 2022 Item 05
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radius of the human remains shall be temporarily suspended or redirected and the county coroner must be contacted as required by California Health and Safety Code Section 7050.5. If the remains are determined by the coroner to be Native American in origin, the coroner is responsible for contacting the Native American Heritage Commission (NAHC) within 24 hours. California PRC Sections 5097.94 and 5097.98 require consultation with the NAHC, protection of Native American remains, and notification of most likely descendants to ensure the appropriate and dignified treatment of Native American human remains and any associated grave goods.
B. Biological Resources.
(1) The applicant shall provide information with the development application detailing the biological resources present on-site including identification of jurisdictional resources such as State or Federal wetland, environmentally sensitive habitat area (as defined in DMMC Section 30.75.030). If wetlands are present as defined in DMMC Section 30.53.030, a jurisdictional wetland delineation shall be provided. If there is a potential for sensitive plant or wildlife species to be present, applicable protocol surveys shall be conducted.
(2) If wetlands are present on-site the project design shall ensure wetlands are preserved and where appropriate restored, along with a minimum 100-foot wetland buffer. If wetlands are located off-site, a 100-foot wetland buffer shall be provided from the edge of the off-site wetland to the edge of the development footprint. The wetland buffer may be reduced to no less than 50-feet with written concurrence from the California Department of Fish and Wildlife (CDFW). Permitted uses in wetlands are specified in DMMC Section 30.53.080. Wetland buffers shall be consistent with DMMC Section
30.53.090. Public access to wetlands and wetland buffer areas shall be restricted as necessary to maintain the biological productivity of the wetland.
This may be accomplished by landscape berms, fencing, or other suitable barriers.
(3) Sensitive habitat areas (including wetlands and wetland buffers) shall be retained or restored to their natural state to ensure the future protection of the designated area(s) from encroachment, disturbance, or degradation.
Prior to the issuance of Certificate(s) of Occupancy, protected habitat areas shall be preserved through recordation of an open space deed restriction, conservation easement, or open space easement over the protected area(s) to ensure their protection and to serve notice to the property owner, subsequent owners or interested parties of the restrictions in effect on such property.
(4) Impacts to Environmentally Sensitive Habitat Areas shall be avoided to the maximum extent feasible. Where impacts cannot be avoided, the applicant 37 June 6, 2022 Item 05
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shall identify and implement the mechanism(s) proposed to offset impacts, which may include one or more of the following:
a. Implementation of on-site restoration, including a monitoring and long-term management component.
b. Conservation of habitat on-site.
c. Purchase of habitat credits at an off-site mitigation bank if onsite restoration and/or conservation of habitat on-site is deemed not suitable by a qualified biologist due to site constraints and/or vegetation.
(5) Removal of protected trees as defined in DMMC Section 23.50.020(E) shall be replaced consistent with the ratios provided in DMMC Section 23.50.090 or through payment into the City’s Tree Mitigation Fund if on-site replacement is deemed not suitable by a qualified arborist due to site constraints and/or vegetation.
(6) The clearing and grading of trees and shrubs shall occur outside of the avian and raptor breeding season of January 1 through August 31 to avoid damage to nests and nesting birds consistent with the Migratory Bird Treaty Act. If clearing and grading during the avian breeding season is proposed, then a focused nest survey shall be conducted by a qualified biologist 72 hours prior to the vegetation removal. If active nests are discovered during the nest survey, those nests shall be avoided until the young have fledged.
The qualified biologist shall recommend appropriate nest setback distances to be implemented during construction that are based on the species of bird and applicability of noise attenuation measures, the topography between the nest and the proposed disturbance activity, and the surrounding vegetation.
(7) Where habitat for California gnatcatcher is present within or adjacent to the project site, breeding season avoidance measures shall be implemented. If project-related work is to occur during the breeding season for California gnatcatcher (February 15 through August 31), pre-construction protocollevel surveys for California gnatcatcher shall be performed to determine the status of breeding California gnatcatchers on site and within 500 feet of the site. If a nesting California gnatcatcher pair is detected on site or within 500 feet of the site, noise attenuation measures shall be implemented to ensure that ambient noise levels are equal to or less than 60 decibels at the nest.
Nest monitoring by an individual holding a Section 10(a) U.S. Fish and Wildlife Service recovery permit for California gnatcatcher shall be conducted to ensure that the nesting California gnatcatchers remain undisturbed by construction.
38 June 6, 2022 Item 05
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(8) Where landscaping or revegetation is proposed in proximity to native vegetation on- or off-site, the landscaping and/or revegetation plan shall not include any invasive plant species listed on the California Invasive Plant Council’s Invasive Plant Inventory Database.
C. Noise.
(1) Construction Noise. The applicant shall provide a construction noise mitigation program to the City that demonstrates how construction activities will comply with DMMC Section 9.20.050. Construction noise reduction measures may include, but are not limited to the following:
a. Temporary sound barriers/shielding adjacent to sensitive receivers.
The required location, height, and materials of the barrier shall be specified.
b. Siting of staging areas, stationary noise sources, and other noise generators away from sensitive receivers.
c. Reduction of construction equipment idling time and fitting of construction equipment with noise reducing devices.
d. Resident notification of construction schedule.
(2) On-site Noise.
a. Project designs shall ensure all outdoor noise generating equipment is shielded to provide noise attenuation to achieve noise level limits at the nearest property line consistent with DMMC Section 9.20.040 - Sound Level Limits.
b. Project outdoor use areas shall be shielded from roadway noise through building attenuation or other methods.
D. Paleontological Resources.
(1) Applicants shall be required to provide the following supporting information as part of a development application to determine applicability of this section:
a. The types and depth of geological formations present. b. The paleontological sensitivity of each geologic formation. c. Proposed grading depths into each formation.
(2) Any project that requires disturbance into high or moderate sensitivity paleontological formations shall be required to provide a paleontological 39 June 6, 2022 Item 05
Ordinance No. 979
monitor during ground disturbing activities. The requirement shall be as follows:
a. A qualified paleontologist (an individual with an MS or PhD in paleontology or geology who is familiar with paleontological procedures and techniques, who is knowledgeable in the geology and paleontology of San Diego County, and who has worked as a paleontological mitigation project supervisor in the County for a least one year) shall attend the preconstruction meeting to consult with the grading and excavation contractors concerning excavation schedules, paleontological field techniques, and safety issues. b. A paleontological monitor (an individual who has experience in the collection and salvage of fossil materials, working under the direction of a qualified paleontologist) shall be on site on a full-time basis during the original cutting of previously undisturbed deposits of high paleontological resource potential to inspect exposures for contained fossils.
c. Grading activities in previously undisturbed deposits of moderate paleontological resource potential shall be monitored on a part-time basis. In the event that paleontological resources are discovered or unearthed during project subsurface activities, all earth-disturbing work within a 100-meter radius shall be temporarily suspended or redirected until a certified paleontologist has recovered, identified, and/or evaluated the nature and significance of the find, in compliance with CEQA Guidelines Section 15064.5(f). After the find has been appropriately mitigated, work in the area may resume. d. During the monitoring and recovery phases of the mitigation program, the qualified paleontologist and/or the paleontological monitor shall routinely collect stratigraphic data (e.g., lithology, vertical thickness, lateral extent of strata, nature of upper and lower contacts, and taphonomic character of exposed strata). Collection of such data is critical for providing a stratigraphic context for any recovered fossils.
e. Fossil remains collected during monitoring and salvage shall be cleaned (removal of extraneous enclosing sedimentary rock material), repaired (consolidation of fragile fossils and gluing together broken pieces), sorted (separating fossils of the different species), and cataloged (scientific identification of species, assignment of inventory tracking numbers, and recording of these numbers in a computerized collection database) as part of the mitigation program. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a scientific institution with permanent paleontological 40 June 6, 2022 Item 05
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collections such as the San Diego Natural History Museum. Donation of the fossils shall be accompanied by financial support for preparation, curation, and initial specimen storage, if this work has not already been completed.
f. A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils.
E. Public Views.
Projects shall be designed to ensure that no primary scenic views or scenic views from public streets, roads or pedestrian trails are obstructed, unless there is no feasible alternative siting which eliminates or significantly reduces the obstruction, and that the bulk and scale of the proposed structure have been minimized to the greatest extent feasible commensurate with preserving the physical characteristics of the site. Protection of public views will be evaluated based on consistency with public view protection policies IV-22 through IV-27 of the City of Del Mar Local Coastal Program (LCP) Land Use Plan.
F. Steep Slopes.
Construction, grading, or other encroachment of any kind on substantial steep slopes exceeding 25 percent grade, or within 20 feet of the top or 10 feet of the bottom of substantial steep slopes exceeding 25 percent grade, or the construction of structures which overhang such steep slopes or steep slope setbacks, shall be prohibited except as specified in DMMC Section 30.52.060(A).
G. Wildfire.
To ensure protection of the public health and safety from wildfire, all development within or adjacent to a “Very High” or “High” Fire Hazard Severity Zone shall be required to incorporate enhanced fire safety measures consistent with the State Fire Code and Building Code to the satisfaction of the Fire Marshall and Building Official.
SECTION TWO: That DMMC Section 30.75.080 (Coastal Development Permits Issued by the City) be amended to read as follows:
30.75.080 Coastal Development Permits Issued by the City – Issuing Authority, Public Hearing Required
A. through D. [No change]
E. The Director of Planning and Community Development shall serve as the Issuing Authority to render a determination on applications for Coastal Development Permits for the following:
1. through 3. [No change]
41 June 6, 2022 Item 05
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4. Applications for by-right multiple dwelling unit development in accordance with the Housing Element Implementation Overlay Zone pursuant to Chapter 30.92.
SECTION THREE: That the City of Del Mar Local Coastal Program (LCP) be amended to incorporate the new DMMC Zoning Chapter 30.92 Housing Element Implementation Overlay Zone as identified in Section One of this Ordinance and to reflect the ancillary amendment to existing Section 30.75.080 (Coastal Development Permits Issued by the City) that clarifies the by-right local permit process that applies in the Housing Element Implementation Overlay Zone pursuant to State law.
SECTION FOUR: That the City Council finds that approval of this Ordinance is Statutorily Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15265 because the proposed action constitutes an amendment to the City’s certified Local Coastal Program (LCP) to facilitate the implementation of Government Code Section 65583.2 (h) and (i) pursuant to State Housing law. CEQA does not apply to activities or approvals by a local government as necessary for the preparation and adoption of a LCP amendment for review and certification by the California Coastal Commission (CCC) as set forth in Section 21080.9 of the Public Resources Code.
Accordingly, the certified City of Del Mar LCP constitutes a plan for use in the CCC’s regulatory program as certified under Section 21080.5 of the Public Resources Code. The proposed actions include a corollary amendment to the City’s Municipal Code (Zoning).
The future application of the Overlay Zone to certain parcels as required by the City’s Housing Element to implement Government Code Section 65583.2 (h) and (i), including 5th Cycle Program 2G for multiple-dwelling residential use on two vacant parcels in the North Commercial Zone that requires the City Council’s discretionary approval resulting in a physical change to the environment, will be analyzed in accordance with CEQA prior to such approval.
SECTION FIVE: This Ordinance was introduced by the City Council on March 25, 2021.
SECTION SIX: 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 the votes cast.
SECTION SEVEN: Upon adoption, the Ordinance will be submitted to the California Coastal Commission for certification as a Local Coastal Program Amendment. The Ordinance will take effect and be in force on the date the Coastal Commission takes action to unconditionally certify the Local Coastal Program Amendment.
SECTION EIGHT: The City shall file a copy of the adopted Ordinance with the State Department of Housing and Community Development by April 15, 2021.
SECTION NINE: If any section, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, illegal or unconstitutional by a decision or order of any court of competent jurisdiction, then such decision or order shall not affect the validity and enforceability of the remaining portions of this Ordinance. The City Council hereby 42 June 6, 2022 Item 05
Ordinance No. 979
declared that it would have passed and adopted this Ordinance, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases is declared invalid, illegal or unconstitutional.
BE IT FURTHER RESOLVED, that staff is hereby directed to submit the Local Coastal Program Amendment to the Coastal Commission for certification.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular meeting held this 5
th day April 2021.
________________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
43 June 6, 2022 Item 05
Ordinance No. 979
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. 979, 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 5
th day of April, 2021, by the following vote:
AYES: Mayor Gaasterland, Deputy Mayor Worden, Council Members Druker and Quirk
NOES: None
ABSENT: None
ABSTAIN: Council Member Martinez
______________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
44 June 6, 2022 Item 05
ORDINANCE NO. 980
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, REZONING REAL PROPERTY IDENTIFIED
AS ASSESSORS PARCEL NUMBERS 299-100-47 AND 299-100-
48 LOCATED IN THE NORTH COMMERCIAL ZONE TO APPLY
THE HOUSING ELEMENT IMPLEMENTATION OVERLAY ZONE
AS NECESSARY TO IMPLEMENT REQUIRED CITY OF DEL
MAR 5
TH CYCLE HOUSING ELEMENT PROGRAM 2G PER
STATE HOUSING LAW AND AMENDING ZONING CHAPTER
30.92 TO REFLECT THE REZONE ACTION
WHEREAS, the Housing Element is a State-mandated policy document with associated mandated regulatory requirements as set forth in the California Government Code; and
WHEREAS, California Government Code §65583.2(h) and (i) imposed a requirement on the City of Del Mar to process a rezone program as reflected in the existing 5th Cycle Housing Element Program 2G due to the City’s failed progress during the City’s 4
th Cycle Housing Element planning period; and
WHEREAS, State law requires the City complete implementation of the required Program 2G rezone action by April 15, 2021, which is the end of the 5th Cycle planning period, in order to avoid enforcement penalties set forth in the Government Code; and WHEREAS, 5th Cycle Housing Element Program 2G requires the City to rezone APNs 299-100-47 and 299-100-48 located in the North Commercial Zone to allow multiple dwelling unit residential use by-right at a density range of 20-25 dwelling units per acre with an affordability component; and
WHEREAS, the proposed rezone is necessary to comply with State Housing law; and
WHEREAS, on January 12, 2021, the Planning Commission unanimously recommended that the City Council proceed with timely approval to bring the City into compliance with State law and minimize the City’s risk of State penalties, fiscal impacts, and associated negative consequences due to its current status in violation of State law; and
On March 15, 2021, the City Council adopted a Community Plan Amendment (Resolution 2021-12) amending the North Commercial land use designation to allow multiple-dwelling unit residential as an allowed primary use. This effectively completed the General (Community) Plan component of Program 2G. The City Council acknowledged that the required Program 2G zoning and rezone actions (to apply the required density of 20-25 du/ac and “by right” processing provisions to the two vacant parcels) were remaining 5th Cycle actions that would be considered at a Special Meeting of the City Council on March 25, 2021; and
45 June 6, 2022 Item 05
Ordinance No. 980
WHEREAS, on March 25, 2021, the City Council introduced Ordinance No. 979 adding Chapter 30.92 to the Del Mar Municipal Code (DMMC) to create a new Housing Element Implementation Overlay Zone (HEI-OZ) to use an overlay zoning tool to be applied to real property through future rezone actions at the discretion of the City Council when necessary to implement required City Housing Element programs per State law.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar does hereby ordain as follows:
SECTION ONE: That Assessor Parcel Numbers (APNs) 299-100-47 and 299-100-48 located in the North Commercial Zone (base zone), and as shown on “Exhibit A”, shall be rezoned to apply the HEI-OZ as regulated pursuant to prospective DMMC Chapter 30.92.
SECTION TWO: That DMMC Chapter 30.92 (HEI-OZ) be amended to read as follows:
30.92.020 Areas of Applicability.
The areas of applicability for the Housing Element Implementation Overlay Zone shall include the following properties:
APN Location Housing Element Program Description Base Zone 299-100-47-00
299-100-48-00
5 th Cycle Program 2-G – Two Parcels further described
in DMMC Section 30.92.030(E)
North Commercial
(NC)
30.92.030 Process for Permit Approval.
E. 5
th Cycle Housing Element – Housing Program 2-G.
Pursuant to Government Code Sections 65583(c)(1)(A) and 65583.2(h) and (i), the City will rezone two adjacent vacant parcels at the south corner of Jimmy Durante Boulevard and San Dieguito Drive, roughly 2.3 acres in size in the NC Zone, to allow, “by right”, residential development of the properties at a density of 20-25 du/ac with such density allowance to include a requirement for a percentage of the residential units to be available, long-term, at affordable rates, either through dedication to a non-profit housing advocacy organization or through deed restrictions for no less than the minimum duration required under state housing law applicable to affordable dwelling units. City Council adopted Rezone RP 20- 001 on April 5, 2021 (Ordinance 979).
SECTION THREE: That the City Council finds that approval of this Ordinance is Statutorily Exempt pursuant to CEQA Guidelines Section 15265 because the proposed action constitutes an amendment to the City’s certified Local Coastal Program (LCP) and CEQA does not apply to activities or approvals by a local government as necessary for the preparation and adoption of a LCP amendment for review and certification by the 46 June 6, 2022 Item 05
Ordinance No. 980
California Coastal Commission (CCC) as set forth in Section 21080.9 of the Public Resources Code. Accordingly, the certified City of Del Mar LCP constitutes a plan for use in the CCC’s regulatory program as certified under Section 21080.5 of the Public Resources Code. The proposed actions include corollary amendments to the City’s Municipal Code (Zoning).
Notwithstanding the applicability of the Statutory Exemption, future development of the two parcels included in 5
th Cycle Housing Element Program 2G for multiple-dwelling residential use as affected by the proposed actions have been the subject of prior environmental analysis including the Final Program Environmental Impact Report (PEIR) for the Professional Commercial and North Commercial Zoning Code Amendment (SCH #2019029058) certified by the City Council on September 8, 2020 (Resolution 2020-47) and the 6th Cycle Housing Element Update Final PEIR (SCH No. 2020029064) certified by the City Council on October 5, 2020 (Resolution 2020-52). Anticipated impacts for the proposed actions have been disclosed in these prior environmental documents and the HEI-OZ incorporates standard Mitigation Monitoring and Reporting protocols (see DMMC Section 30.92.050) to ensure impacts are minimized consistent with prior environmental documents. No new or substantially greater impacts would result from application of the HEI-OZ to the two parcels included in 5
th Cycle Housing Element 2G.
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 referenced above, the proposed actions do not require further environmental review. Pursuant to CEQA Guidelines Section 15162(b), no further analysis or environmental documentation is necessary. Accordingly and notwithstanding the applicability of the Statutory Exemption referenced above, the proposed actions are merely a step in furtherance of the original programs for which environmental review was performed and no supplemental or subsequent CEQA has been triggered, and no further environmental review is required.
SECTION FOUR: This Ordinance was introduced by the City Council on March 25, 2021.
SECTION FIVE: 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 the votes cast.
SECTION SIX: Upon adoption, the Ordinance will be submitted to the California Coastal Commission for certification as a Local Coastal Program Amendment (LCPA 20-003).
The Ordinance will take effect and be in force on the date the Coastal Commission takes action to unconditionally certify the Local Coastal Program Amendment.
SECTION SEVEN: The City shall file a copy of the adopted Ordinance with the State Department of Housing and Community Development by April 15, 2021.
SECTION EIGHT: If any section, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, illegal or unconstitutional by a decision or order of any court of competent jurisdiction, then such decision or order shall not affect the validity and 47 June 6, 2022 Item 05
Ordinance No. 980
enforceability of the remaining portions of this Ordinance. The City Council hereby declared that it would have passed and adopted this Ordinance, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases is declared invalid, illegal or unconstitutional.
BE IT FURTHER RESOLVED, that staff is hereby directed to submit the Local Coastal Program Amendment to the Coastal Commission for certification.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular meeting held this 5
th day April 2021.
________________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
48 June 6, 2022 Item 05
Ordinance No. 980
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. 980, 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 5
th day of April, 2021, by the following vote:
AYES: Mayor Gaasterland, Deputy Mayor Worden, Council Members Druker and Quirk
NOES: None
ABSENT: None
ABSTAIN: Council Member Martinez
______________________________
Sarah Krietor, Acting City Clerk
City of Del Mar
49 June 6, 2022 Item 05
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Karen Falk, Principal Engineer
Joe Bride, Public Works Director
Kseniia Izgarskaia, Management Analyst
Via Ashley Jones, City Manager
DATE: June 6, 2022
SUBJECT: Award of a Construction Contract to Ferandell Tennis Courts, Inc. for the Tennis Court Resurfacing Project
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Award a construction contract (Attachment A) for the Tennis Court Resurfacing Project to Ferandell Tennis Courts, Inc.; and 2) Authorize the City Manager to execute the contract.
DISCUSSION/ANALYSIS:
The City of Del Mar’s Capital Improvement Program (CIP) includes Tennis Court Resurfacing Project (“Project”) as a Tier 1 priority for Fiscal Year 2021-2022. The existing surface of the tennis court at Court Street Park has been in place since 2006 and is in critical need of resurfacing. This project will include the removal and replacement of the existing surface on two tennis courts, tennis striping on both courts, sanding and repainting of the tennis net posts, minor repairs to existing perimeter fencing to secure it to the ground, and the replacement of the tennis nets.
City staff and Council Liaisons to the Parks and Recreation Committee (Committee) brought this item to the Committee for site plans and public signs review and input on February 9, 2022, which were unanimously supported by the Committee.
To move forward with the Project, the City issued Request for Proposals (RFP) 2022-02 on May 4, 2022. The RFP was posted on the City’s website and the contractor’s notification web platform eBidboard. The engineer’s estimate for the project was $20,000. Following the bid solicitation process, four proposals were received from qualified bidders, and their bid amounts are listed below:
1. Ferandell Tennis Courts, Inc. $23,290
2. Desert Sports Resurfacing $36,100
3. Trueline Construction & Surfacing, Inc. $39,760
4. Tri-Group Construction and Development, Inc. $75,000 1 June 6, 2022 Item 06
City Council Agenda Report
Contract Award for the Tennis Court Resurfacing Project June 6, 2022
Due to the small project scale and rising material and labor costs across the construction industry, all proposals came in higher than the engineer’s estimate. The lowest bid of $23,290 was submitted by Ferandell Tennis Courts, Inc. (“Ferandell”). Staff determined Ferandell’s proposal (Attachment B) to be responsive and responsible. Ferandell specializes in this type of work and has previously completed work at this location to the City’s satisfaction. If the construction contract is approved by the City Council, the Project is targeted to begin after the contract is executed and a Notice to Proceed is issued in June 2022. Completion of the Project is expected by the end of July 2022.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item. There are sufficient funds available (as described in Table A below) in the Fiscal Year 2021-2022 Operating and Capital Budget to cover the costs identified.
Table A: Project Funding Sources
PROJECT ACCOUNT AMOUNT
FY2022 Approved Funding
Tennis Court Resurfacing 21.7000.7043 $30,000
Total Funding: $30,000
FY2022 Expenditures:
Construction Contract with Ferandell Tennis Courts, Inc. 21.7000.7043 $23,290 New Net Purchase 21.7000.7043 $2,500
Installation of New Signage 21.7000.7043 $1,000
Contingency 21.7000.7043 $3,210
Total Expenditures: $30,000
ENVIRONMENTAL IMPACT:
Pursuant to the California Environmental Quality Act (CEQA), the proposed project involves the repair and maintenance of existing public tennis court facilities that involves no expansion of use and therefore has been analyzed and determined to be Categorically Exempt pursuant to CEQA Guidelines Section 15301 (Class 1 – Existing Facilities). Further, it has been determined that none of the six exceptions to the use of a Categorical Exemption are applicable (CEQA Guidelines Section 15300.2).
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
Construction of essential capital improvements, including Tennis Court Resurfacing, is listed as Tier 1 essential services in the City Council Goals and Priorities for Fiscal Year 2021-22.
ATTACHMENTS:
Attachment A – Construction Contract with Ferandell Tennis Courts, Inc.
Attachment B – Ferandell Tennis Courts, Inc. Proposal
2 June 6, 2022 Item 06
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND FERANDELL TENNIS COURTS, INC.
FOR TENNIS COURT RESURFACING PROJECT
This Construction Contract (“Contract”) is made and entered into by and between the City of Del Mar, a municipal corporation, hereinafter referred to as the "City," and Ferandell Tennis Courts, Inc. hereinafter referred to as the “Contractor” (collectively “Parties”).
RECITALS
WHEREAS, the City requires a general contractor to construct a Public Works project generally described as the Tennis Court Resurfacing Project hereinafter referred to as the “Project.”
WHEREAS, the Contractor represents itself as possessing the necessary skills and qualifications to construct the Project required by the City and possesses the required contractor’s license of the appropriate classifications.
NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, and in consideration of the payments and agreements hereinafter mentioned, the Parties agree as follows:
1. CONTRACTOR'S OBLIGATIONS.
1.1 Contractor shall perform the scope of work shown in the Attachment A hereinafter referred to as the “Work”, as such term is defined by the Standard Specifications for Public Works Construction, latest version (GREENBOOK).
1.2 The Contractor agrees, at the Contractor's own proper cost and expense, to do all the Work and furnish all the materials, except such as are mentioned in the specifications to be furnished by the City, necessary to construct and complete the Work in a good, workmanlike and substantial manner and to the satisfaction of the City.
1.3 Said Work shall be performed in accordance with the Contract Specifications, Drawings, and Provisions annexed hereto; and in connection with the Reference Standards below:
Standard Edition
Standard Specifications for Public Works Construction
(“The GREENBOOK”)
2018
San Diego Regional Standard Drawings 2018
1.4 The Contractor shall maintain throughout the full term of this Contract all professional certifications and licenses required in order to comply with all City, State, and Federal laws in the performance of this Contract.
1.5 The Contractor shall pay wages to the Contractor's employees according to the current "General Prevailing Wage Rates" issued by the Department of Industrial Relations of the State of California. Pursuant to provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor, from Director of the Department of Industrial Relations. 3 June 6, 2022 Item 06
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND FERANDELL TENNIS COURTS, INC.
FOR TENNIS COURT RESURFACING PROJECT
These rates are available online with the California Department of Industrial Relations (www.dir.ca.gov). The Contractor shall post a copy of such rates at the job site and shall pay the adopted prevailing wage rates as a minimum. The Contractor shall comply with the provisions of Sections 1725.5, 1771, 1773.8, 1774, 1775, 1776, 1777.5, 1777.6, 1813, and 1815 of the Labor Code.
1.6 The Contractor shall register with the Department of Industrial Relations (DIR) in accordance with California Labor Code sections 1771.1 and 1725.5 and the Contractor shall be subject to compliance monitoring and enforcement by DIR in accordance with California Labor Code section 1771.4.
1.7 Pursuant to and subject to the provisions of Section 1775 of the Labor Code, Contractor shall forfeit to City, as a penalty, the sum of up to two-hundred dollars ($200) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any Work done under this Contract, by it or by any subcontractor under it, in violation of the provisions of the Contract.
2. SECURITY FOR CONTRACTOR'S PROMISE TO PERFORM.
2.1 For contracts above $25,000, the Contractor shall post and maintain during the full term of this Contract security for Contractor's promise to perform this Contract in the following forms and amounts:
A. The amount of the performance security shall be 100% of bid amount.
B. The form of the security shall be one of the following:
1. Cash;
2. Cashier's check made payable to the City;
3. A certified check made payable to the City;
4. A bond, executed by an approved surety insurer using the Performance Bond form found herein or a substitute form acceptable to and approved by the City, made payable to the City; or
5. The Contractor may elect to deposit securities of a value equivalent to the amount of the performance security in accordance with the provisions of section 22300 of the Public Contract Code. The City will make the final determination as to the value of the posted securities.
2.2 The City shall retain five percent (5%) of each payment due the Contractor under this Contract until completion and acceptance of the Project. The Contractor may elect to deposit securities of a value equivalent to the retention in accordance with the provisions of Section 22300 of the Public Contract Code and thereby become entitled to receive one hundred percent (100%) of the payments, without retention. The City will make the final determination as to the value of the posted securities. The amount of retention withheld may be reduced, or a portion of withheld retention may be returned, at the sole discretion of the City.
2.3 For contract amounts above $25,000, the Contractor shall file a payment bond using the Payment Bond form found herein or a substitute form acceptable to 4 June 6, 2022 Item 06
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND FERANDELL TENNIS COURTS, INC.
FOR TENNIS COURT RESURFACING PROJECT
and approved by the City, in the amount of 100% of bid amount, with and subject to the approval of the Director of Public Works in accordance with Civil Code section 3247.
3. CONTRACT AMOUNT AND SCHEDULE.
3.1 The City agrees to pay and the Contractor agrees to receive and accept the prices set forth in the Bid Schedule attached hereto as Attachment B and incorporated by reference as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
3.2 Contractor agrees to complete the Work on [Project Name] in a time period not to exceed thirty (30) calendar days per Section 6-3 of the Standard Specifications for Public Works Construction (GREENBOOK), commencing upon the date stated in the Notice To Proceed issued by the City. Construction shall not commence until the City has approved insurance.
4. TERMINATION OF CONTRACT.
In the event of the Contractor's failure to prosecute, deliver, or perform the Work as provided for in this Contract, the City may terminate this Contract by notifying the Contractor by certified mail of said termination.
5. STATUS OF THE CONTRACTOR.
The Contractor shall perform the services provided for herein in a manner of Contractor's own choice, as an independent Contractor and in pursuit of Contractor's independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project. However, Contractor shall confer with the City as required to perform this Contract.
6. SUBCONTRACTING.
The Contractor’s ability to subcontract is limited by and must comply with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code sections 4100 et seq. If the Contractor subcontracts any of the Work to be performed under this Contract, the Contractor shall be as fully responsible to the City for the acts and omissions of the Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in the Contract shall create any contractual relations between any subcontractor of 5 June 6, 2022 Item 06
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND FERANDELL TENNIS COURTS, INC.
FOR TENNIS COURT RESURFACING PROJECT
Contractor and the City. The Contractor shall bind every subcontractor by the terms of the Contract applicable to Contractor's Work unless specifically noted to the contrary in the subcontract in question approved in writing by the City.
7. ASSIGNMENT OF CONTRACT.
The Contractor has no authority or right to assign this Contract or any part thereof or any monies due thereunder to any other party without first obtaining the prior written consent of the City.
8. VERBAL AGREEMENT OR CONVERSATION.
No verbal agreement or conversation with any officer, agent or employee of the City, either before, during or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitle the Contractor to any additional payment whatsoever under the terms of this Contract.
9. DISPUTES.
9.1 If a dispute should arise regarding the performance of this Contract, the following procedures shall be used to address any question of fact or interpretation not otherwise settled by agreement between the parties. Such questions, if they become identified as part of a dispute between persons operating under the provisions of the Contract, shall be reduced to writing by the complaining party.
A copy of such documented dispute shall be forwarded to the other party involved along with recommended methods of resolution which would be of benefit to both parties. The party receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days of receipt of the letter.
9.2 If the dispute is not resolved, the aggrieved party shall send a letter outlining the dispute to the City to be resolved.
9.3 If the dispute remains unresolved and the parties have exhausted the procedures of this section, the parties may then seek remedies available to them at law.
9.4 Pursuant to Public Contract Code Sections 20104 and 9204, a claim by the Contractor for a time extension; payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract which is not otherwise expressly provided for or the claimant is not otherwise entitled to; or an amount the payment of which is disputed by the City, shall be dealt with as follows:
A. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by the Contract for the filing of claims.
B. For all claims, pursuant to Public Contract Code Sections 20104 and 9204:
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CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND FERANDELL TENNIS COURTS, INC.
FOR TENNIS COURT RESURFACING PROJECT
1. City shall respond in writing to any written claim within forty-five (45) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the claimant. City shall identify the disputed and undisputed portion(s) of the claim in the written response. If City fails to issue a written statement, the claim is rejected in its entirety.
2. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant.
3. The City's written response to the claim, as further documented, shall be submitted to the claimant within fifteen (15) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
4. Pursuant to Public Contract Code section 9204, any payment on any undisputed portion of the claim shall be processed and made within sixty (60) days after the public entity issues its written statement.
C. If the claimant disputes the City's written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within fifteen (15) days of receipt of the City's response or within fifteen (15) days of the City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand sent by registered or certified mail, the City shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute. Within ten (10) business days after the meet and confer conference, City shall prepare a written statement describing portions of the claim in dispute and the portions of the claim that are disputed.
Mediation Prerequisite: If following the meet and conference the claim or any portion remains in dispute, the parties agree that as a condition precedent to the initiation of litigation, the parties shall submit to non-binding mediation. The parties shall mutually agree to a mediator within ten (10) business days after the City’s response following the meet and confer conference. The parties shall make reasonable attempts to mediate within thirty (30) days of the meet and confer conference. Mediation shall be subject to the following rules:
1. The mediation process shall be administered by a neutral organization agreed to by the parties and shall be confidential subject to Evidence Code Sections 1115 –1128 and 1152.
2. The costs for mediation will be shared equally by all parties. The expenses of witnesses shall be paid by the party producing such witnesses.
3. A single mediator shall be selected to mediate the dispute. At least ten (10) days before a scheduled session, each party shall provide the 7 June 6, 2022 Item 06
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND FERANDELL TENNIS COURTS, INC.
FOR TENNIS COURT RESURFACING PROJECT
mediator a brief memorandum setting forth its position about the issues that need to be resolved. The brief shall be mutually exchanged between the parties. At the mediation session, the parties will be expected to produce required information for the mediator to understand and evaluate the issues presented.
4. The mediation process shall be considered terminated when: (1) in the mediator’s judgment, further efforts at mediation would not contribute to a resolution of the dispute between the parties; or, (2) by the execution of Settlement Agreement, which may be used as the basis for change order or other directive as appropriate; or, (3) written declaration of a party that it will no longer participate in further mediation proceedings.
D. If mediation is unsuccessful, as a prerequisite to filing suit, the Contractor must file a claim pursuant to Chapter 1 (commencing with section 900) and Chapter 2 (commencing with section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the period of time within which a claim must be filed shall begin from the time the claimant submits his or her written claim pursuant to subsection A until the time the claim is denied, including any period of time utilized by the meet and confer conference.
A civil action filed to resolve a claim subject to Section 9.4 of this Contract shall be subject to the provisions of Public Contract Code Sections 20104.4 and 20104.6.
10. HOLD HARMLESS.
10.1 The Contractor agrees to indemnify and hold the City; the City's officers, officials, employees and agents; the Engineer; and the Engineer’s officers, officials, employees and agents (together, the “City Indemnified Parties”), harmless from, and against any and all liabilities, claims, demands, causes of action, losses, suit damage, expenses and costs, including all costs of defense, expense costs and investigation expenses thereof, arising out of, or in any manner connected directly or indirectly to the acts, omissions or performance of Work by the Contractor or Contractor’s agents, employees, subcontractors, officials, officers or representatives. Upon demand, Contractor shall, at its own expense, defend the City Indemnified Parties from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs, regardless of whether or not such a claim, loss or liability is caused in part by a party indemnified hereunder.
10.2 By inspecting, approving or accepting the improvements, City shall not have waived the protections afforded herein to the City Indemnified Parties or diminished the obligation of Contractor, who shall remain obligated in the same degree to indemnify and hold the City Indemnified Parties harmless as provided above.
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CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND FERANDELL TENNIS COURTS, INC.
FOR TENNIS COURT RESURFACING PROJECT
10.3 Contractor's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of the City Indemnified Parties’ sole active negligence or willful misconduct.
11. RESPONSIBILITY FOR DAMAGE.
11.1 The Contractor shall obtain and maintain in full force and effect during the life of the Contract, contractual liability insurance for bodily injury liability and property damage liability assumed by the Contractor of all claims and lawsuits against the Contractor and his/her subcontractors arising out of or in connection with the Work to be performed. Such insurance as is afforded by the policy to the Contractor for Contractual Property Damage Liability Insurance shall include coverage for property damage caused by blasting, collapse, structural injuries or damage to underground utilities. The policy shall not contain the so-called "x" "c" "u" exclusions.
11.2 The Contractor shall maintain vehicle liability, and property damage insurance in the amount of not less than $2,000,000 for one person injured in one accident, and not less than $2,000,000 for two or more persons injured in any one accident, and not less than $2,000,000 with respect to any property damage involved and public general liability insurance in the amount of not less than $2,000,000 each occurrence or in the aggregate.
11.3 Evidence of insurance including Commercial General Liability, Workers’ Compensation, and Automobile Liability in compliance with the above requirements shall be furnished to the City by Certificate of Insurance. Such Certificate of Insurance shall be furnished prior to the commencement of Work under the Contract. The insurance policy shall provide that the policy shall remain in force during the life of this Contract and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to City from the insurance company.
11.4 Such insurance shall be issued by a company or companies approved by the City, licensed and listed with "Insurance Organizations Authorized by the Insurance Commissioner to Transact the Business of Insurance in the State of California," and shall have a rating of A- or better.
11.5 Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor for liability in excess of such coverage, nor shall it preclude the City from taking such other actions as is available to it under any other provision of this Contract or otherwise in law.
11.6 The Contractor shall arrange for the policies to be so conditioned as to cover the performance of any changes or extra Work which may be required under the Contract.
11.7 The costs of this insurance shall be considered as included in the prices paid for the various Contract items of Work and no additional compensation will be allowed, therefore.
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CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND FERANDELL TENNIS COURTS, INC.
FOR TENNIS COURT RESURFACING PROJECT
11.8 The Contractor shall either: (1) require each of its subcontractors to procure and to maintain Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified, or (2) insure the activities of its subcontractors in its own policy in like amount.
11.9 The Contractor's policies shall contain an Additional Insured Endorsement naming as additional insured the City and its officers, consultants, agents, and employees while on the Project and acting within the scope of their duties. For any claims related to the Project, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.
11.10 Prior to commencement of Work under this Contract, the Contractor shall furnish endorsements from each of the insurance companies.
11.11 The Contractor shall reimburse the City and the Engineer for all costs and expenses, including attorney's fees, incurred by said City and the Engineer, in enforcing the provisions of Section 11.0 of this Contract.
12. NOTICES.
Any notices to be given under this Contract, or otherwise, shall be served by certified mail and addressed and delivered as listed below:
City of Del Mar Ferandell Tennis Courts, Inc.
Attn: City Clerk Attn: Paul Ferandell, Vice President
1050 Camino del Mar 3216 Grey Hawk Ct.
Del Mar, CA 92014 Carlsbad, CA 92010
[email protected] [email protected]
13. LIQUIDATED DAMAGES; EXTENSION OF TIME.
In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of two hundred dollars ($200) per day for each calendar day completion is delayed beyond the time allowed pursuant to paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of CONTRACTOR, including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay.
14. PERFORMANCE.
The City hereby promises and agrees with the Contractor to employ, and does hereby employ the Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, and in the manner and upon the 10 June 6, 2022 Item 06
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND FERANDELL TENNIS COURTS, INC.
FOR TENNIS COURT RESURFACING PROJECT
conditions hereinafter set forth, and the City and the Contractor for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.
15. CONTRACT AUTHORITY OVER PROPOSAL.
It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the Bid or Proposal of the Contractor, then this instrument shall control, and nothing herein shall be considered as an acceptance of the said terms of said Proposal conflicting herewith.
16. CONTRACT DOCUMENTS.
The Contract consists of the following documents, all of which are component parts of the Contract as if herein set out in full, or attached hereto:
1. Notice Inviting Bid(s)
2. Information and Instructions for Bidders
3. Proposal
4. Contract
5. Worker's Compensation Certificate
6. Plans & Standard Drawings, Approved Submittals, Exhibits, and Site Photos
7. Addenda and approved Change Orders
All the above-named Contract Documents are intended to be complementary. The Work required by one of the above-named documents and not by others shall be performed as if required by all. Any conflicts in terms or requirements of any of the Contract Documents shall be determined by the order of precedence set forth in the GREENBOOK.
17. ATTACHMENTS.
The following Contract Documents are attached hereto:
A. Scope of Work
B. Proposal/Bid Schedule/Schedule of Values
C. Worker's Compensation Certificate
18. NON-DISCRIMINATION.
Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or 11 June 6, 2022 Item 06
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND FERANDELL TENNIS COURTS, INC.
FOR TENNIS COURT RESURFACING PROJECT
termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
19. CALIFORNIA LAW; VENUE/MISCELLANEOUS.
This Contract shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Contractt shall be brought in the County of San Diego, California. Contractor hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
20. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION AND CONTROL ACT OF 1986.
Contractor certifies that Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract.
21. NO WAIVER.
No failure of either the City or the Contractor t to insist upon the strict performance by the other of any covenant, term or condition of this Contract, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Contract shall constitute a waiver of any such breach of such covenant, term or condition.
22. SEVERABILITY.
The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.
23. CONFLICTS BETWEEN TERMS.
If an apparent conflict or inconsistency exists between the main body of this Contract and the Exhibits, the main body of this Contract shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Contract, the law, rule, regulation, order, or code shall control.
Varying degrees of stringency among the main body of this Contracts, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Contract.
24. SIGNING AUTHORITY.
The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
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CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND FERANDELL TENNIS COURTS, INC.
FOR TENNIS COURT RESURFACING PROJECT
IN WITNESS WHEREOF, the Parties hereto have executed this Contract, which will be effective as of the date of the City’s execution of the Contract listed below.
CITY OF DEL MAR, FERANDELL TENNIS COURTS, INC.
a municipal corporation a California Corporation
By: By:
Ashley Jones, City Manager Paul Ferandell, Vice President Date: Date:
APPROVED AS TO FORM:
Leslie E. Devaney, City Attorney
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
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CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND FERANDELL TENNIS COURTS, INC.
FOR TENNIS COURT RESURFACING PROJECT
ATTACHMENT A – SCOPE OF WORK
Contractor shall perform resurfacing and repair work to the two (2) existing tennis courts at the Court Street Park in the City of Del Mar. The site includes two side-by-side tennis courts measuring 120 feet x 120 feet with tapered corners and is enclosed by a perimeter fence. Work shall eliminate all cracks and surface deterioration to bring the courts to like-new conditions. Work includes the removal and replacement of the existing surface, installation of new surfacing, tennis striping, sanding and repainting of the tennis net posts, and minor repairs to existing fencing to secure it to the ground.
Contractor shall complete the Project in accordance with the specifications outlined below.
1. MATERIALS DELIVERY, STORAGE, AND HANDLING
The Contractor shall follow the guidelines below related to materials:
• Approved materials must meet the United States Tennis Association (USTA) Standards.
• All acrylic materials must be the products of a single manufacturer. Only collegiate/professional-grade acrylic color coatings with an International Tennis Federation (ITF) speed rating will be accepted. Acrylic color mixed with locally purchased sand is not acceptable.
• Contractor shall deliver materials to site in manufacturer’s original, unopened containers and packaging with labels clearly identifying product name and manufacturer.
• Contractor shall store and handle materials in accordance with manufacturer’s instructions.
• Contractor shall keep materials in manufacturer’s original, unopened containers and packaging until application.
• Contractor shall store materials in clean, dry areas, out of direct sunlight and prevent from freezing.
• Contractor shall protect materials during storage, handling, and application to prevent contamination or damage. Close containers when not in use.
2. ACRYLIC RESURFACING APPLICATION
All courts will be resurfaced to match existing colors (green playing area surrounded by red) with white lines painted for courts. Work shall include:
A. Cleaning: All surfaces shall be thoroughly cleaned with pressure; loose material scraped and removed. The surface shall be free of oil, grease, dirt, debris, tool marks, ridges, and valleys.
B. Repairs: Prior to applying material, level any depressions 1/8” or deeper with Court Patch Binder in accordance with manufacturer’s instructions. Cracks shall 14 June 6, 2022 Item 06
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AND FERANDELL TENNIS COURTS, INC.
FOR TENNIS COURT RESURFACING PROJECT
be cleaned, dried, filled, and sealed, such that there are no ridges. All repairs shall be made prior to the squeegee application of Acrylic Resurfacer.
C. Filler Course (Acrylic Resurfacer): Filler course shall be applied to the clean underlying surface in one application, according to manufacturer’s instructions.
Acrylic Resurfacer may be used to pre-coat depression and crack/hole repairs to achieve better planarity prior to filler course application. Allow to dry thoroughly.
D. Color Surface System: Acrylic color playing surface shall be applied on the clean, dry underlying surface in accordance with manufacturer’s instructions.
Contractor shall not apply tennis court surface color coating when air or surface temperatures are below 50 degrees F during application or within 24 hours after application. Contractor shall not apply tennis court surface color coating when rain is expected during application or within 24 hours after application.
Contractor shall allow material drying times in accordance with manufacturer’s instructions before applying materials or opening completed surface to foot traffic.
3. PLAYING LINES
After the surface has thoroughly cured, Contractor shall layout two (2) tennis court line markings in accordance with USTA Rules of tennis. Contractor shall apply line markings in two (2) inch wide playing lines, masked and painted with two (2) coats of approved line paint.
4. NETS & NET POSTS
All existing net posts are to be wire brushed and painted black with a rust resistant paint.
5. FENCE
Contractor shall secure fence along the northern boundary of the tennis courts to the ground, such that tennis balls cannot get under.
6. CLEAN UP
Upon completion of the workday, all tools, materials and debris should be properly stored or disposed of, and any damages or spills repaired or cleaned up.
7. PROTECTION
Contractor shall allow a minimum of 24 hours curing time before opening tennis courts for play.
15 June 6, 2022 Item 06
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND FERANDELL TENNIS COURTS, INC.
FOR TENNIS COURT RESURFACING PROJECT
8. ADDITIONAL REQUIREMENTS
A. Contractor shall purchase a City Business License.
B. City to be named as additional insured on Contractor’s policies as per form CG 20 10 11 85.
C. Contractor is required to possess a current State of California Class B General Building, Class A General Engineering, C-12 Earthwork and Paving, or C-33 Painting and Decorating Contractor License. Contractors and subcontractors must also be registered with the State of California Department of Industrial Relations per Labor Code Section 1771.1(a).
D. Proof of legal disposal of debris must be available upon request at any time.
E. Contractor will warranty the work to be free from defect for one year after completion. This warranty excludes normal wear-and-tear from use. 16 June 6, 2022 Item 06
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND FERANDELL TENNIS COURTS, INC.
FOR TENNIS COURT RESURFACING PROJECT
ATTACHMENT B – PROPOSAL/BID SCHEDULE/SCHEDULE OF VALUES
DESCRIPTION UNITS QUANTITY UNIT PRICE TOTAL
Two Court Resurfacing (including
preparation, application of acrylic
resurfacer, and playing lines per this
request for bids)
Lump
Sum
1 $22,590.00 $22,590
Fence Repairs (Secure fence to the
ground)
Lump
Sum
1 $500.00 $500
Tennis Net Posts Painting Lump
Sum
1 $200.00 $200
TOTAL $23,290
Total Bid Amount (Written):
Twenty Three Thousand Two Hundred Ninety DOLLARS AND Zero CENTS 17 June 6, 2022 Item 06
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND FERANDELL TENNIS COURTS, INC.
FOR TENNIS COURT RESURFACING PROJECT
ATTACHMENT C - WORKER'S COMPENSATION CERTIFICATE
Section 3700 of the Labor Code provides in part as follows:
"Every employer except the state shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.” I hereby certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.
CONTRACTOR'S NAME: __________________________________________________ ADDRESS:
BOND NO.:
SIGNATURE:
PRINT NAME/TITLE OF SIGNER:
DATE:
18 June 6, 2022 Item 06
19 June 6, 2022 Item 06
20 June 6, 2022 Item 06
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Sarah Krietor, Administrative Services Manager/City Clerk Via Ashley Jones, City Manager
DATE: June 6, 2022
SUBJECT: Resolutions Calling for a 2022 General Municipal Election REQUESTED ACTION/RECOMMENDATION:
It is recommended that the City Council adopt the following resolutions in preparation for a November 8, 2022, General Municipal Election:
1) Resolution calling for a General Municipal Election for the election of two members of the City Council (Attachment A);
2) Resolution requesting the Board of Supervisors of the County of San Diego to conduct the General Municipal Election and consolidate that Election with the Statewide General Election (Attachment B); and
3) Resolution adopting Regulations for Candidates for Elective Office pertaining to the Candidates’ Statements (Attachment C).
DISCUSSION/ANALYSIS:
On November 8, 2022, the voters of Del Mar will be voting for two City Council seats which will become vacant due to the term expiration of Council seats currently held by Mayor Dwight Worden and Councilmember Terry Gaasterland. In order for the City to hold a consolidated General Municipal election with the County of San Diego Registrar of Voters, the City Council must adopt the required election resolutions.
Required Election Resolutions
In order to conduct the City’s General Municipal Election in November, the City Council is required to adopt several election related resolutions. The first resolution, Attachment A, calls the election for the purpose of electing two members of the City Council for the full term of four years. It is worth noting that the election is conducted under the provisions of the laws relating to general law cities because, although Del Mar has a charter, the Del Mar Charter does not make specific provisions regarding elections.
The second resolution that the City Council is being asked to adopt, Attachment B, requests that the County of San Diego conduct the election and consolidate the election with the 1 June 6, 2022 Item 07
City Council Agenda Report
November 2022 General Municipal Election
June 6, 2022
statewide general election. It also states that the City will be responsible for the County’s costs related to conducting the City’s general election.
The third resolution, Attachment C, adopts regulations for candidates’ statements for this election. This resolution calls out that the candidate may choose to submit a candidate statement and describes the limitations and/or regulations if they do submit a candidate statement. It also states that the candidate statement is limited to 200 words, will be translated into Chinese, Spanish, Tagalog, and Vietnamese, and that the cost of these translations, the printing, handling and mailing of the candidate statements shall be paid in advance by the candidate. State law, which is based on the Federal Voting Rights Act, requires that election materials be provided in Chinese, Spanish, Tagalog, and Vietnamese, in addition to English.
Resolving a Tie-Vote
Elections Code 15651 provides for how a tie vote may be resolved: either the City Council must adopt a resolution prior to the election that requires the City to hold a Special Runoff Election in the event of a tie vote, or the tie vote outcome shall be determined by lot (by chance).
It would be very costly to have the County Registrar of Voters conduct a Special Runoff Election for Elective Offices, and funds for such an election are not included in the FY 2022-23 proposed budget update. In the event of a tie vote, staff recommends that the Council seat be filled by lot (by chance) between the two candidates that received the same number of votes.
Candidate Filing
Candidates for elective office of the City of Del Mar must be registered voters of the City at the time nomination papers are issued. Candidates must be nominated by no less than 20 registered voters of the City. Chapter 2.20-City Council of the Del Mar Municipal Code (DMMC) is included in this report as a reference (Attachment D).
Nomination papers, along with an informational packet for City Council Candidates, will be available from the Administrative Services Manager/City Clerk by appointment beginning Monday, July 18, 2022. It is important to note that according to the Elections Code 10220, nominating signatures can only be gathered during the nomination period, which will be from July 18 through August 12, 2022. The deadline for filing all of the required nomination papers is 4:30 p.m. on August 12, 2022. However, if nomination papers for an incumbent elective officer (City Councilmember) of the City are not filed by 4:30 p.m. on August 12, 2022, the voters shall have until 5:30 p.m. on August 17, 2022, to nominate candidates other than the incumbent for elective office.
Prospective candidates will be provided with a multitude of relevant election materials including Chapter 2.16-Campaign Regulations of the Del Mar Municipal Code (DMMC), which pertains to campaign regulations and campaign disclosure limits and was amended 2 June 6, 2022 Item 07
City Council Agenda Report
November 2022 General Municipal Election
June 6, 2022
in 2018 to ensure compliance with new State law (Attachment E); Code of Fair Campaign Principles and Guidelines for Local Elections (Attachment F); Council Policy 108 and City of Del Mar Supplemental Code Of Fair Campaign Practices (Attachment G); and various campaign and election handouts from the County of San Diego Registrar of Voters and the Fair Political Practices Commission (FPPC).
Voting Information
The County of San Diego Registrar of Voters will be mailing all registered voters’ ballots about 30 days prior to the election. Voters have the option to vote by mail; drop off their mailed ballot at a secure drop off location; or vote in-person at one of the County’s Voter Centers. Some Voter Centers will be open for voting up to 11 days, including election day.
Voting Center locations for the November 2022 election have not been finalized at this time; however, the Del Mar Library has been identified as a Ballot Drop Box location. Voters can check the ROV’s website at: https://www.sdvote.com/content/rov/en/VotingOptions.html for more information.
FISCAL IMPACT:
The estimated cost to for the November 2022 election is $20,000, which is included in the proposed FY 2022-23 budget update. After the November 2022 election has been conducted, the County Registrar of Voters will present the City with an invoice for the actual election costs.
ATTACHMENT:
Attachment A – Resolution Calling for a General Election Attachment B – Resolution Requesting to Consolidate the Election with the County of San Diego
Attachment C – Resolution Adopting Regulations for Candidates for Elective Office Attachment D – DMMC Chapter 2.20
Attachment E – DMMC Chapter 2.16
Attachment F – Code of Fair Campaign Principles and Guidelines for Local Elections Attachment G – Council Policy 108 & City of Del Mar Supplemental Code of Fair Campaign Practices
3 June 6, 2022 Item 07
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, CALLING FOR A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022,
FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED
BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, which have been adopted by the City of Del Mar pursuant to its charter, a General Municipal Election shall be held on November 8, 2022, for the election of Members of the City Council.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California relating to general law cities and the City of Del Mar pursuant to its charter, there is called and ordered to be held in the City of Del Mar, California, on Tuesday, November 8, 2022, a Municipal Election for the purpose of electing two (2) Members of the City Council for the full term of four (4) years.
SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.
SECTION 3. That the Administrative Services Manager/City Clerk is authorized, instructed and directed to coordinate with the San Diego County Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 4. That the polls for the election shall be open at seven o’clock (7:00) a.m. of the day of the election and shall remain open continuously from that time until eight o’clock (8:00) p.m. of the same day when the polls shall be closed, pursuant to Election Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California. Election Centers (polls) may also be open for multiple days leading up to the election.
SECTION 5. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 6. That notice of the time and place of holding the election is given and the Administrative Services Manager/City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
4 June 6, 2022 Item 07
Resolution No. 2022- ___
SECTION 7. That the Administrative Services Manager/City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California at the Regular Meeting held this 6
th day of June, 2022.
___________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________
Leslie Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/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 6
th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
5 June 6, 2022 Item 07
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN DIEGO TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 8, 2022, WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO
SECTION 10403 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Del Mar, California, called a General Municipal Election to be held on November 8, 2022, for the purpose of the election of two (2) Members of the City Council; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that, within the City, the precincts, polling places and election officers of the two (2) elections be the same, and that the County Elections Department of the County of San Diego canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one (1) election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of San Diego is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022, for the purpose of the election of two (2) Members of the City Council.
SECTION 2. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one (1) election, and only one (1) form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election, pursuant to section 10418 of the Elections Code.
SECTION 3. That the Board of Supervisors is requested to issue instructions to the County Elections Department to take any and all steps necessary for the holding of the consolidated election including the procurement and furnishing of any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election, with the exception that the Administrative Services Manager/City Clerk of the City of Del Mar shall cause the publication of all notices that are indicated as the responsibility of the City Clerk in the Election Calendar for said election.
SECTION 4. That the City of Del Mar recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for those costs.
6 June 6, 2022 Item 07
Resolution No. 2022-XX
SECTION 5. That the County of San Diego shall be reimbursed in full for the services performed by the Registrar of Voters for the City of Del Mar upon presentation of a bill therefore, and that the City agrees to indemnify and hold harmless the County, its officers, agents and employees from expense or liability, including reasonable attorneys’ fees, as the result of an election contest arising after conduct of the election, so long as the basis for any such claim arises from the conduct of the City or as a result of the reasonable reliance by County upon information provided by City.
SECTION 6. That the Administrative Services Manager/City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Elections Department of the County of San Diego.
SECTION 7. That the Administrative Services Manager/City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 6
th day of June, 2022.
________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
7 June 6, 2022 Item 07
Resolution No. 2022-XX
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/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 6
th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
8 June 6, 2022 Item 07
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES’ STATEMENTS SUBMITTED TO THE VOTERS AT
AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates’ statements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DEL MAR,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Del Mar on November 8, 2022, may prepare a candidate’s statement on an appropriate form provided by the Administrative Services Manager/City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than two hundred (200) words of the candidate's education and qualifications expressed by the candidate himself or herself.
The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the Administrative Services Manager/City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until five o’clock (5:00) p.m. of the next working day after the close of the nomination period.
SECTION 2. FOREIGN LANGUAGE POLICY. Pursuant to the Federal Voting Rights Act, candidates’ statements will be translated into all languages required by the County of San Diego. The County is required to translate candidates’ statements into Chinese, Spanish, Filipino and Vietnamese. The County will print and mail sample ballots and candidates’ statements to all voters in Chinese, Spanish, Filipino and Vietnamese only to those voters who are on the County voter files as having requested a sample ballot in a particular language. The County will make the sample ballots and candidates’ statements in the required languages available at all polling places, on the County’s website, and in the Election Official’s office.
SECTION 3. PAYMENT. The candidate shall be required to pay for the cost of translating the candidate’s statement into any required foreign language as specified in Section 2 above pursuant to Federal and/or State law. The candidate shall be required to pay for the cost of printing the candidate’s statement in English and in any foreign language, as specified in Section 2 above, in the main voter pamphlet. 9 June 6, 2022 Item 07
Resolution No. 2022-XX
The Administrative Services Manager/City Clerk or County of San Diego Registrar of Voters shall estimate the total cost of printing, handling, translating, and mailing the candidates’ statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the Administrative Services Manager/City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the Administrative Services Manager/City Clerk will require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Administrative Services Manager/City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within thirty (30) days of the election.
SECTION 4. MISCELLANEOUS. The Administrative Services Manager/City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.
SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package.
SECTION 6. That the Administrative Services Manager/City Clerk shall provide each candidate, or the candidate's representative, a copy of this Resolution at the time nominating petitions are issued.
SECTION 7. That all previous Resolutions establishing Council policy on payment for candidates’ statements are repealed.
SECTION 8. That this Resolution shall apply only to the election to be held on November 8, 2022, and shall then be repealed.
SECTION 9. That the Administrative Services Manager/City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
10 June 6, 2022 Item 07
Resolution No. 2022-XX
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 6
th day of June, 2022.
__________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
__________________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/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 6
th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
11 June 6, 2022 Item 07
TITLE 2 - ADMINISTRATION
Chapter 2.20 CITY COUNCIL
Del Mar, California, Municipal Code Created: 2022-01-04 11:01:53 [EST] (Supp. No. 7, Update 2)
Chapter 2.20 CITY COUNCIL
2.20.010 Election and Tenure.
The electors of the City of Del Mar shall elect Councilmembers at the General Municipal Election held every two years. The General Municipal Election shall be consolidated with the Statewide General Election held in November of even numbered years. Councilmembers shall serve a term of four years, staggered to result in two seats being open at one election and three seats being open at the next election. (Ord. No. 322; Ord. No. 371; Ord. No. 680)
2.20.020 Presiding Officer.
A. City Council shall meet at their usual place of meeting on the first Tuesday in December after the General Municipal Election, provided that the Elections Official has certified the election, and shall pass a resolution reciting the fact of the election, shall install the newly elected officers and shall choose one of its members as Mayor and one of its members as Deputy Mayor.
B. The Mayor, and the Deputy Mayor, shall serve a term of one year, or until a successor for each position is chosen. Three affirmative votes shall be required to choose or change the Mayor or Deputy Mayor.
C. In addition to the powers and duties of a Councilmember, the Mayor, or in the Mayor's absence, the Deputy Mayor, shall be the presiding officer of the City Council. (Ord. No. 680)
2.20.030 Compensation.
A. Councilmembers shall receive a salary of $300.00 per month. (Adopted by a vote of the people 4/12/1988.) B. Upon the submission of an itemized account, any Councilmember may be reimbursed for the actual and necessary expenses incurred in the performance of official duty.
2.20.040 Regular Meetings.
A. Regular meetings of the City Council shall be held on the first and third Monday of each month, commencing at 4:30 p.m. in the Town Hall, 1050 Camino del Mar. If a regular meeting falls on a holiday, the regular meeting shall be held on the next business day.
B. The City Council may, by resolution, designate another date, time, and location for a regular meeting. (Ord. No. 951 , § 1, 8-5-2019)
2.20.050 Rules of Procedure.
The City Council may, from time to time, adopt by resolution, rules of procedure for the conduct of meetings.
These resolutions shall be compiled and maintained by the City Clerk and made available to the public and to the City Council during every meeting.
12 June 6, 2022 Item 07
Created: 2022-01-04 11:01:53 [EST]
(Supp. No. 7, Update 2)
2.20.060 Orderly Conduct.
A. Any person who fails to comply with a direction given by the presiding officer for the purpose of maintaining order at a City Council meeting shall be guilty of a misdemeanor.
B. All persons shall comply with the meeting procedures announced by resolution of the City Council and no person shall interfere with or interrupt a City Council meeting.
C. The presiding officer may designate a member of the County Sheriff's Department as Sergeant at Arms who shall carry out the directions of the presiding officer, to include making arrests as directed by the presiding officer.
13 June 6, 2022 Item 07
TITLE 2 - ADMINISTRATION
Chapter 2.16 CAMPAIGN REGULATIONS
Del Mar, California, Municipal Code Created: 2022-01-04 11:01:52 [EST] (Supp. No. 7, Update 2)
Chapter 2.16 CAMPAIGN REGULATIONS
2.16.005 Purpose.
This Chapter is intended, among other things:
A. To promote an educated electorate by providing information to assist in the evaluation of ballot choices and to make an informed choice;
B. To accomplish fair and honest elections;
C. To prevent corruption or the appearance of corruption by regulating and making public those contributions whose amount is significant in light of the circumstances of the City; D. To gather information in order to detect violations of the provisions of this Chapter. (Ord. No. 659; Ord. No. 935 , § 1, 3-19-2018)
2.16.010 Application of Chapter.
A. The provisions of this Chapter are applicable only to:
1. Candidates seeking election in the City Council, their controlled committees, or committees formed or existing primarily to support or oppose their candidacies, and
2. Committees formed or existing primarily to support or oppose a candidate, or to support or oppose the qualification of, or passage of, a local ballot measure which is being voted on only in the City, and to City general purpose committees active only in the City.
B. When the term "committee" appears (1) in this Chapter, or (2) in provisions of the Political Reform Act of 1974, as amended, and is used by this Chapter to create duties, it refers to a person or combination of persons when such person or combination of persons:
1. Receives, for a particular City election, campaign contributions totaling $250.00 or more; or
2. Expends for a particular City election a total of $250.00 or more.
C. Unless otherwise provided herein, the provisions, definitions and interpretations of the Political Reform Act of 1974 (Government Code Secs. 81000 et seq.), as amended, including the regulations of the California Fair Political Practices Commission, as amended, are to be relied upon in administering this Chapter.
D. The requirements of this Chapter are in addition to, and shall not be administered or interpreted in conflict with, the requirements of the Political Reform Act of 1974, as amended. (Ord. No. 411; Ord. No. 624; Ord. No. 935 , § 1, 3-19-2018)
2.16.020 Statement of Organization.
A. Time for Filing.
1. Except as provided in this Section, within ten days of a committee coming into existence in accordance with this Chapter, the committee shall file with the City Clerk a "statement of organization" on a form 14 June 6, 2022 Item 07
Created: 2022-01-04 11:01:52 [EST]
(Supp. No. 7, Update 2)
approved by the City Clerk, setting forth the information contained in Government Code Sec. 84102.
The committee shall thereafter comply with the regulations imposed on committees by this Chapter.
2. If a committee comes into existence in accordance with this Chapter within 15 or fewer days prior to an election in which the committee participates, then, within 24 hours of the committee coming into existence, the committee shall file with the City Clerk a "statement of organization" on a form approved by the City Clerk, setting forth the information contained in Government Code Sec. 84102.
The committee shall thereafter comply with the regulations imposed on committees by this Chapter.
B. Report of Changes.
1. Except as provided in this Section, within ten days of any change in information contained in its statement of organization, the committee shall file with the City Clerk an amendment setting forth the change in information.
2. If a change in information contained in its statement of organization occurs within 15 or fewer days prior to an election in which the committee participates, then, within 24 hours of such change, the committee shall file with the City Clerk an amendment setting forth the change in information. (Ord. No. 935 , § 1, 3-19-2018)
2.16.030 Contribution Disclosure.
Each candidate and committee, as defined in this Chapter, shall file campaign statements when and in the manner specified in the Political Reform Act of 1974, as amended. In addition to the information required by the Political Reform Act of 1974, as amended, each candidate and committee filing a campaign statement shall, for each contribution of $75.00 or more, disclose the information required by Government Code Sec. 84211(f). ;hn; (Ord. No. 935 , § 1, 3-19-2018)
2.16.040 Limitation: Contribution to Candidates.
A. No person, except as provided in Subsection C. below, shall contribute more than $200.00 total to a candidate or such candidate's controlled committees for any election.
B. No candidate or controlled committee shall solicit or retain a contribution from any person when such contribution shall cause the contributor to be in violation of Subsection A. herein.
C. It shall be unlawful for a political party committee, as defined in California Government Code Sec. 85205, to make, or for a candidate or controlled committee to solicit or retain a contribution that would cause the total amount contributed by all local, state, and federal committees of the same political party to the candidate and the candidate's controlled committee to exceed $2,000.00 for any election.
D. The provisions of this Section do not limit a candidate in making contributions of his or her personal funds to his or her own campaign contribution account.
(Ord. No. 781; Ord. No. 935 , § 1, 3-19-2018)
2.16.050 Identification of Source of Campaign Material.
A. "Advertisement" as used in this Chapter shall have that meaning provided in Government Code Sec. 84501(a), including, but not limited to, mailers, flyers, pamphlets, door hangers, walking cards, posters, yard signs, billboards, business cards, campaign buttons ten inches in diameter or larger, or bumper stickers 60 square inches or larger, whether distributed through the mail, by campaign workers, or any other means, and electronic materials disseminated over the Internet. 15 June 6, 2022 Item 07
Created: 2022-01-04 11:01:52 [EST]
(Supp. No. 7, Update 2)
B. Every campaign advertisement in printed form shall include the words "paid for by" immediately followed by the name, street address, and city of the person who paid for the communication in a contrasting Arial equivalent typeface that is easily legible and no less than ten points in size.
C. Subject to the additional requirements and exceptions expressly noted below, and limited to advertisements concerning City Council candidates and City ballot measures, the campaign advertising disclosure rules contained in the Political Reform Act of 1974, as amended, including but not limited to California Government Code Secs. 84305 through 84511, and the regulations of the California Fair Political Practices Commission, as amended, including but not limited to Regulations 18440 through 18450.11, are hereby adopted by reference and incorporated into this Chapter 2.16 of the Del Mar Municipal Code as if fully set forth herein.
1. Print Materials. When disseminating printed advertisements, City Council candidates and candidatecontrolled committees shall make their advertising disclosures as if formed as independent expenditure committees under California Government Code Sec. 82013(b), except when such independent expenditure committees are disseminating mass campaign literature through the mail.
2. Display Media. When placing advertisements on large signs, as defined by Title 2, Section 18450.1(a) of the California Code of Regulations, City Council candidates and candidate-controlled committees shall make their advertising disclosures as if formed as independent expenditure committees under Government Code Sec. 82013(b).
3. Electronic Materials. When disseminating video, audio, text, or graphic advertisements over the Internet, candidates and committees shall include the "who funded this ad?" and "paid for by" advertising disclosures in the manner required by state law, except that candidates and candidatecontrolled committees shall make such disclosures as if formed as independent expenditure committees under California Government Code Sec. 82013(b).
4. Political Advertisements. When placing advertisements in newspapers, magazines, and periodicals, candidates and committees shall include the "paid for by" advertising disclosures in the manner required by state law, except that candidates and candidate-controlled committees shall make such disclosures as if formed as independent expenditure committees under Government Code Sec. 82013(b).
D. Nothing in this section establishes a Del Mar Municipal Code requirement:
1. That any City Council candidate or candidate controlled committee comply with California Government Code Sec. 84506.5; or
2. That is applicable to any slate mailer organization.
E. Nothing in this section relieves any candidate or committee from its obligation to comply with any advertising disclosure requirement contained in state law. (Ord. No. 773; Ord. No. 935 , § 1, 3-19-2018)
2.16.060 Penalties.
A. Any person who knowingly or willfully violates any provision of this Chapter may be prosecuted for an infraction or a misdemeanor, at the discretion of the City's special counsel.
B. Any person who violates a provision of this Chapter shall be liable in a civil action for damages in the amount of three times the amount not properly reported or unlawfully contributed, solicited or accepted, or expended on illegally distributed campaign materials, not to exceed $1,000.00. Upon collection, said sum shall be deposited into the general fund of the City. (Government Code Sec. 36901). 16 June 6, 2022 Item 07
Created: 2022-01-04 11:01:52 [EST]
(Supp. No. 7, Update 2)
C. Any person who violates a provision of this Chapter by failing either to file a statement of organization or report a change of information in a filed statement of information shall be liable in a civil action for damages in the amount of $1,000.00. Upon collection, said sum shall be deposited into the general fund of the City. (Government Code Sec. 36901).
(Ord. No. 935 , § 1, 3-19-2018)
2.16.070 Enforcement.
A. The City Attorney shall not investigate or prosecute any alleged violation of this Chapter, but may defend the constitutionality and legality of this Chapter in any civil proceeding in which the City or the City Council is a party.
B. An action on behalf of the City alleging a violation of this Chapter may be commenced only by special counsel appointed and retained by the City Council.
1. Persons residing in the City who believe that a violation of this Chapter has occurred may file a written complaint requesting investigation of such violation by the special counsel.
2. Whether or not a resident's written complaint is received, if the special counsel determines that there is reason to believe a violation of this Chapter has occurred, special counsel is authorized to conduct an investigation and may commence such administrative, civil or criminal legal action as special counsel deems necessary to enforce this Chapter.
3. Special counsel shall have investigative powers as are necessary for the performance of the duties described in this Chapter and may demand and shall be furnished records of campaign contributions and expenditures of any person or committee subject to this Chapter. Special counsel shall be immune to liability for special counsel's enforcement of this Chapter.
C. Any resident of the City may bring a civil action, in a court of competent jurisdiction, regarding the provisions of this Chapter:
1. To enjoin an actual or threatened violation;
2. To compel compliance by a private person; or
3. To obtain judicial declarations.
D. Any action alleging a violation of this Chapter must be commenced within six months of the time the alleged violation occurred.
(Ord. No. 935 , § 1, 3-19-2018)
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20 June 6, 2022 Item 07
CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
108 DEL MAR FAIR CAMPAIGN PRACTICES
DATE ADOPTED: 2-20-2018
BY RESOLUTION: 2018-06
PAGES: 1 OF 3
I. PURPOSE:
The foundation of representative democracy rests on the ability of the electorate to make informed decisions regarding the character and qualifications of those seeking to represent them, and on issues presented for voter approval or rejection.
Ideally, election campaigns reveal the true character and positions of candidates seeking to represent the electorate, and factual information regarding issues presented to the voters.
Election campaign conduct that is objectively unfair, untruthful, or misleading regarding the positions or character of candidates seeking office, or that misleads or misrepresents issues presented to the voters, denies the electorate an opportunity to make fully informed decisions on candidates or issues. Such campaign conduct is unfair and unethical.
Unfair and unethical campaign conduct promotes cynicism and distrust on the part of the electorate toward its representative government, and damages the ability of elected representatives to govern effectively.
It is incumbent upon elected representatives and community leaders to promote discussion and consideration of what constitutes ethical and fair campaign conduct within the values and mores of the community; and to inform both candidates and the public generally on principles and guidelines for ethical campaign conduct.
The following guidelines and activities are intended to promote fair and ethical conduct by candidates, committees, and the public, in the course of Del Mar municipal elections, ensure that candidates and committees have ready access to information and assistance needed to comply with state and City law related to campaigns and to conform to the expectations of the Del Mar electorate.
II. CAMPAIGN PRACTICES:
A. Supplemental Code of Fair Campaign Practices:
In addition to the Campaign Disclosure provisions of the Fair Political Practices Act (Gov.
Code § 84100 et seq.), the State has declared that there are basic principles of decency, honesty, and fair play which every candidate for public office in the State of California has a moral obligation to observe and uphold in order that, after vigorously contested but fairly conducted campaigns, citizens may exercise their constitutional right to a free and untrammeled choice and the will of the people may be fully and clearly expressed on the issues. In furtherance of these goals, candidates, along with their campaign managers and treasurers as applicable, for public office are invited to sign on to the State Code of Fair 21 June 6, 2022 Item 07
CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
108 DEL MAR FAIR CAMPAIGN PRACTICES
DATE ADOPTED: 2-20-2018
BY RESOLUTION: 2018-06
PAGES: 2 OF 3
Campaign Practices (Elec. Code § 20440) (“State Pledge”). Signing on the State Pledge is voluntary.
The Institute for Local Government has proposed additional, updated and expanded fair campaign practices in various categories that local jurisdictions may adopt along with agency-specific provisions in addition to the State Pledge.
Therefore, the City of Del Mar shall enhance, as needed, the State Pledge with the additional pledges which shall, after adoption by the City Council, be attached hereto as Exhibit A and offered along with the State Pledge to all potential candidates, and their campaign managers and treasurers as applicable, for City Council and their controlled committees, and to independent committees in the City of Del Mar in support or opposed to such candidates, or in support or opposed to ballot measures submitted at any Del Mar municipal election.
B. Promulgation and Adoption.
1. Whenever it is deemed necessary or desirable, the City Council shall call for a public discussion to consider the community’s values and mores on the conduct of fair and ethical municipal election campaigns. Thereafter, in its discretion, the City Council may adopt or amend, by a resolution approved by a majority of its members, guidelines or examples that define conduct or activity that is deemed fair and ethical and conduct or activity that is deemed unfair or unethical, in its municipal election campaigns in the form of a Supplemental Fair Campaign Practices Pledge
2. Upon the approval by the City Council of a resolution adopting or amending these Supplemental Fair Campaign Practices, the City Clerk shall post a copy of the resolution in a public place for thirty days.
3. The City Clerk shall thereafter make copies of the approved or amended Supplemental Fair Campaign Practices available to any person upon request.
C. Candidate Education
1. Candidate Meeting and Pledge. Upon the close of the nominating period for each municipal election, the City Clerk, City Attorney, or other qualified person on behalf of the City, shall conduct one-on-one or group training and discussion session(s) for all qualified candidates to provide information regarding California and Del Mar campaign laws and to present the California Code of Fair Campaign Practices, as required under Section 20400 of the California Elections Code, and any Del Mar Supplemental Fair Campaign Practices 22 June 6, 2022 Item 07
CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
108 DEL MAR FAIR CAMPAIGN PRACTICES
DATE ADOPTED: 2-20-2018
BY RESOLUTION: 2018-06
PAGES: 3 OF 3
adopted by the City Council pursuant to this Council Policy. Each candidate shall be offered the opportunity to voluntarily endorse, subscribe to, and solemnly pledge to conduct his or her campaign in accordance with these principles and practices. The City Clerk shall inform each candidate, along with their campaign managers and treasurers as applicable, that the subscription to the either of the Fair Campaign Practices Codes is voluntary. The City Clerk shall post all signed candidate pledges on the City website and make them available for inspection upon request by any member of the public.
2. Pre-Election Public Workshop. When, in the discretion of the City Clerk, there is sufficient interest and available resources, prior to the close of the candidate nomination period, the City Clerk may prepare, publish notice of, and provide for a public workshop and training program to be conducted regarding state and local campaign laws, and Fair Campaign Practices (as defined in this Policy) for all interested or concerned members of the public.
23 June 6, 2022 Item 07
EXHIBIT “A”
COUNCIL POLICY 108
CITY OF DEL MAR SUPPLEMENTAL CODE OF FAIR CAMPAIGN PRACTICES As a candidate, campaign manager, treasurer, or campaign committee chairperson in the City of Del Mar, I acknowledge and pledge as follows:
(1) The release or distribution of campaign materials late in the campaign deprives candidates, against whom such materials may weigh, the opportunity to respond.
Therefore, I pledge to refrain from distributing new campaign materials that are not a direct response to materials or statements by opponents or members of the public at least two days (Sunday and Monday) prior to Election Day. During the final two days prior to Election Day, I will focus my campaign activities on direct personal contacts and to “get out the vote” activities.
(2) The use of anonymous surrogates or “straw men” as a campaign tactic misleads voters and deprives them of critical information regarding the relationship between such devices and the candidate who encourages or employs them. Therefore, I will not use such tactics, or allow my committee to use such tactics, in my campaign. (3) The voters of the City of Del Mar are entitled to expect that candidates will be truthful, honest, and forthcoming in all campaign materials and conduct. Therefore, I further pledge:
a. To take personal responsibility to review and to fact-check all campaign materials released by myself or my committee.
b. To disavow any assertions made on my behalf that I know or reasonably should know to be false or misleading.
c. Not to exaggerate or embellish any campaign information presented as fact. d. Not to use personal slurs or innuendoes about another candidate. e. Not to knowingly make any false claims and, if I discover an inadvertent false claim, to publicly acknowledge the falsehood and correct the record as soon as I discover it.
I, the undersigned, candidate for election to public office in the City of Del Mar, California or campaign manager, treasurer or chairperson of a committee making any independent expenditures in a Del Mar City Measure, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to conduct my campaign in accordance with the above principles and practices.
Date Signature
Print Name
24 June 6, 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 Sustainability Advisory Committee
Prepared by Kseniia Izgarskaia, Management Analyst
DATE: June 6, 2022
SUBJECT: Sustainability Advisory Committee Appointment
REQUESTED ACTION/RECOMMENDATION:
The City Council Liaisons to the Sustainability Advisory Committee recommend that the City Council reappoint Alan Sweedler as a voting member to serve a full three-year term beginning July 4, 2022 and ending on July 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.
There are currently two voting member vacancies on the SAC due to Dolores Davies Jamison’s resignation on April 22, 2022, and Alan Sweedler’s upcoming term expiration on July 3, 2022. City staff advertised the vacancies, and one Citizen Interest Forms was received during the recruitment period from Alan Sweedler (Attachment A). The Council Liaisons to the Committee have reviewed the Citizen Interest Form and recommend that the City Council reappoint Alan Sweedler to fill one voting member vacancy. 1 June 6, 2022 Item 08
City Council Agenda Report
Sustainability Advisory Committee Appointment
June 6, 2022
If the recommended appointment is approved by the City Council, the Committee will have one remaining voting member vacancy. The City is currently accepting applications for the remaining vacancy. 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 Sustainability Advisory Committee Roster 2 June 6, 2022 Item 08
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
SWEEDLER ALAN R
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, 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 Lagoon Committee
Other(s) (please indicate):______________ Sustainability Advisory Committee X
Qualifications for appointment and/or reasons for application (attach additional pages as needed):
I wish to be reappointed to the SAC for a second term.
Please see resume below for my qualifications and relevant expertise.
Alan Sweedler recently retired from San Diego State University, where he was Associate Vice President in charge of the university’s international programs, Director of the Center for Energy Studies and Professor of Physics. As SDSU’s Senior International Officer he was responsible for all of the university’s international relations and agreements. He currently is a Senior Fellow at UCSD’s Center for U.S. - Mexican Studies and holds a PIMSE Chair as a Distinguished Visiting Professor at CETYS University in Mexico.
Professor Sweedler’s academic expertise is in the area of energy policy and technology and environmental impacts of energy use. He has been a leader in developing energy policy and researching 3 June 6, 2022 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law energy issues for over 40 years, especially in the greater San Diego Region, including Mexico. He was the founding Chair of the San Diego Regional Energy Office, the precursor to the current Center for Sustainable Energy and was a founding Board member of Clean Tech San Diego. He also was the Director of the California Energy Commission’s Energy Innovation Small Grants Program for 18 years. In addition.
Sweedler was selected as a Congressional Science Fellow in 1985 (one of two chosen nationally) and worked in the U.S. Senate on issues of energy, water and national security. He was also a Carnegie Foundation Science Fellow at Stanford’s Center for International Security and Arms Control and was a visiting scholar at the University of California’s Institute on Global Conflict and Cooperation, under the direction of Dr. Herbert York, UCSD’s first Chancellor.
Sweedler was in one of the first cohorts at UCSD in 1963 and received his Ph. D in physics in 1969. He then spent two years as a Ford Foundation Fellow at the University of Chile in Santiago, returning to the U.S. to take up a position as a research physicist at the Department of Energy’s Brookhaven National Laboratory in New York working on superconductivity. He left Brookhaven in 1978 to take a position at SDSU, where he retired in 2019.
He has edited, co-edited and contributed chapters on books dealing with energy, air quality, security, climate change and water with a focus on the U.S.-Mexico border region. He has also published in the area of international security and arms control and superconductivity.
Sweedler has recently been appointed to the Good Neighbor Environmental Board (GNEB) for a second two-year term. The GNEB is a Congressionally mandated Board that prepares an annual report to the President and Congress about the state of the environment in the U.S.- Mexico border region. He is also on the Sustainability Advisory Board for the City of Del Mar and is Del Mar’s representative to the Community Advisory Board for the recently formed Clean Energy Alliance between Del Mar, Solana Beach and Carlsbad. Soon to be added to the CEA will be San Marcos and Escondido.
Education:
BSc. City University of New York: 1963
PhD. (physics), University of California 1969
Relevant Experience (job or volunteer etc.):
Please see above resume
Name all of the Del Mar Committees/Boards/Commissions that you now serve on:
4 June 6, 2022 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law Currently serving on Sustainability Advisory Committee
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
Jeff Barnow Ampitheater
Mary Walshok 12th Street
Margaret Maple Zuni Drive
Residency
Month Year
I have been a resident of California since: Jan 1963
I have been a resident of San Diego County since: Jan 1963 I have been a resident of Del Mar since: Jan 1978
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
Only the SAC for one term
5 June 6, 2022 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
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 June 6, 2022 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
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 June 6, 2022 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
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?
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
As an educator and public speaker with expertise in energy and energy related issues I can contribute to the SAC and the broader community. I could give presentations to Del Mar residents about energy efficiency, electric vehicles, all-electric buildings, and Del Mar’s Climate Action Plan.
I’ve been an educator for over 45 years and have the skills to convey complex issues in easy-tounderstand language for the general public, as well as for specialized audiences. 8 June 6, 2022 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
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.
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. 4 May 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.
9 June 6, 2022 Item 08
City of Del Mar
Sustainability Advisory Committee
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
Position Voting Member
Valerie Dufort-roy
1st Term Mar 21, 2022 - Mar 31, 2025
Appointing Authority City Council
Position Voting Member
Daria Flores
1st Term Mar 21, 2022 - Mar 31, 2025
Board Roster
Sustainability Advisory Committee Page 1 of 2
10 June 6, 2022 Item 08
Appointing Authority City Council
Position Ex-Officio
Category Ex-Officio, Non-Voting Member
Strowbridge F Watson
1st Term Mar 21, 2022 - Mar 31, 2025
Position Ex-Officio
Category Ex-Officio, Non-Voting Member
Jeanne Nilmini Silva-send
2nd Term May 01, 2022 - May 31, 2025
Appointing Authority City Council
Position Voting Member
Vacancy
Sustainability Advisory Committee Page 2 of 2
11 June 6, 2022 Item 08
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 Arts Advisory Committee
Prepared by Kseniia Izgarskaia, Management Analyst
DATE: June 6, 2022
SUBJECT: Arts Advisory Committee Appointment
REQUESTED ACTION/RECOMMENDATION:
The City Council Liaisons to the Arts Advisory Committee recommend that the City Council reappoint Julie Maxey-Allison as a Del Mar Foundation representative and voting member to the Arts Advisory Committee, to serve a full three-year term beginning July 1, 2022, and ending on July 31, 2025.
DISCUSSION/ANALYSIS:
The Arts Advisory Committee reviews proposed art placements, plans and proposes art events, and/or consigns or commissions works for placement in public or private places, in accordance with City Council Policy 113, Public Art Policy, and any other policies related to the temporary or permanent placement of public art. The Committee consists of seven members and one ex-officio, non-voting member. Four of the seven voting members must be Del Mar residents giving priority to those with an art background; one owner/operator of a business located in the City of Del Mar, giving priority to art-related business; one Del Mar Village Association representative; one representative from the Del Mar Foundation.
There are three upcoming voting member vacancies on the Committee, including: two atlarge vacancies due to Jas Grewal and Kathryn Grimm’s term expirations on June 30, 2022, and one Del Mar Foundation representative vacancy due to Julie Maxey-Allison’s term expiration on June 30, 2022. City staff advertised the vacancies, and one Citizen Interest Forms was received during the recruitment period for the Del Mar Foundation representative vacancy from Julie Maxey-Allison (Attachment A). One additional Citizen Interest Form was received for the at-large vacancies, but the City is currently soliciting more interest for these positions.
Julie Maxey-Allison is currently completing her second term on the Committee. Per Council Policy 200, the number of consecutive terms an individual may serve on a 1 June 6, 2022 Item 09
City Council Agenda Report
Arts Advisory Committee Appointment
June 6, 2022
committee is two. However, the City Council has the flexibility to make an exception if they feel it is to the benefit of the committee to reappoint an individual for a third term.
The Council Liaisons to the Committee have reviewed the Citizen Interest Form and recommend that the City Council reappoint Juliana Maxey-Allison to fill the Del Mar Foundation representative vacancy.
If the recommended appointment is approved by the City Council, the Committee will have two remaining at-large, voting member vacancies. The City is currently accepting applications for the remaining vacancies. A copy of the current Arts Advisory Committee Roster is included in this report for the Council’s reference as Attachment B.
ATTACHMENTS:
Attachment A – Citizen Interest Form
Attachment B – Current Arts Advisory Committee Roster
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City of Del Mar
Arts Advisory Committee
Appointing Authority City Council
Position Secretary
Category Del Mar Foundation Representative
Juliana Maxey-allison
2nd Term Jul 01, 2019 - Jun 30, 2022
Appointing Authority City Council
Category Resident/At-Large Member
Jas K Grewal
1st Term Nov 01, 2021 - Jun 30, 2022
Appointing Authority City Council
Category Resident/At-Large Member
Kathryn Grimm
1st Term Jul 01, 2019 - Jun 30, 2022
Appointing Authority City Council
Category Del Mar Village Association
Representative
Karen S Powell
2nd Term Sep 08, 2020 - Jun 30, 2023
Appointing Authority City Council
Position Chair
Category Resident/At-Large Member
Bonnie S Grossman
2nd Term Sep 08, 2020 - Jun 30, 2023
Appointing Authority City Council
Category Resident/At-Large Member
Barbara Inbody
2nd Term Jul 12, 2021 - Jun 30, 2024
Board Roster
Arts Advisory Committee Page 1 of 2
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Appointing Authority City Council
Position Ex-Officio
Category Ex-Officio, Non-Voting Member
Marc Brutten
1st Term Apr 05, 2021 - Jun 30, 2024
Appointing Authority City Council
Category Business Owner/Representative
Anne Mery
1st Term Jul 12, 2021 - Jun 30, 2024
Arts Advisory Committee Page 2 of 2
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Sarah Krietor, Administrative Services Manager/City Clerk Via Ashley Jones, City Manager
DATE: June 6, 2022
SUBJECT: Continuation of Remote Public Meetings in Compliance with Government Code Section 54953 (Assembly Bill 361)
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution (Attachment A) making the finding required by Government Code 54953 related to Assembly Bill 361 (AB 361) to continue with remote public meetings for the next thirty (30) days during the local emergency declared in response to the COVID-19 global pandemic.
DISCUSSION/ANALYSIS:
On September 16, 2021, the Governor signed Assembly Bill 361 (AB 361), which waives certain provisions of the Brown Act and allows for continued remote public meetings during the pandemic if specific findings are made by the City Council. Under AB 361, in order to hold remote public meetings during the declared state of emergency due to the COVID-19 pandemic, the City Council must adopt a Resolution (Attachment A) making at least one of the two findings: 1) state or local officials have recommended measures to promote social distancing; and/or 2) that meeting in-person would pose an imminent risk to the health and safety of attendees. Additionally, the City Council will need to reevaluate and readopt this Resolution every 30 days, which can be accomplished on the consent agenda.
On October 4, 2021, the City Council adopted Resolution 2021-45 making the finding that meeting in-person would pose an imminent risk to the health and safety of attendees as the current state and local health orders do not explicitly require or promote social distancing at this time. The City Council has reconsidered the circumstances of the state of emergency every thirty (30) days and has adopted a number of resolutions extending remote public meetings. Most recently, Resolution 2022-29 was adopted May 16, 2022, to continue with remote meetings through June 15, 2022. These resolutions apply to all City public meetings including the City Council, Design Review Board, Planning Commission, and City advisory committees.
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City Council Agenda Report
Continuation of Remote Public Meetings in Compliance with AB361 June 6, 2022