Agenda, regular meeting, second session — Del Mar City Council, January 9, 2023

Table of Contents
2023-1-9 Regular Meeting Agenda
Item 4 - Sidewalk Safety Program
Item 5 - Minutes
Item 6 - List of Demands
Item 8 - MBI Task Order Hoska Alley
Item 9 - Citywide Landscaping Agreement with Parkwood
Item 10 - Second Reading R22-001, LCPA22-002
Item 11 - UPAC Charter Revisions and Restart
Item 12 - Housing Legislation
Item 13 - Council Subcommittee Discussion
Item 14 - Local and Regional Appointments
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22 31
72 78
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Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
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.

Regular Meeting
Monday, January 9, 2023 at 4:30 PM
Public Participation/Comment: Members of the public can participate in City Council meetings remotely and in-person.

Anyone may address the City Council for up to three minutes, at the Mayor’s discretion, on items on the agenda. Members of the public wishing to speak on items not on the agenda may do so under Public Oral Communications. Agenda items may be addressed in any order at the discretion of the Mayor. When addressing the Council, please state your name for the record. Any electronic presentations must be received before 9 a.m. on the date of the Council meeting. No PowerPoint presentations can be loaded during the meeting.

In-Person Participation: Please submit a completed “Speaker Slip”, including the item number you wish to speak on, to the City Clerk prior to the Mayor announcing the agenda item. The forms are located near the door at the rear of the Meeting Room. When called to speak, please approach the podium and state your name for the record.

Remote Participation: Members of the public can participate in the meeting remotely using the Zoom link and/or dial-in information provided below. 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
Written Comments: Members of the public can participate in the meeting by submitting a written red dot comment via email to [email protected]. 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.

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 Del Mar City Hall and the Del Mar Library during their business hours.

Assistance for Persons with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Administrative Services Department at 1050 Camino del Mar or by calling (858) 755-9313.

Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Tracy Martinez
Mayor
Dan Quirk
Deputy Mayor
Dave Druker
Council Member
Terry Gaasterland
Council Member
Dwight Worden
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting January 9, 2023
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
Each person wishing to speak before the City Council on any matter not on the agenda shall submit a “Speaker Slip” to the City Clerk or raise their hand in Zoom when Public Oral Communication is announced. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and may be asked clarifying questions. Information received during Public Oral Communication may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda.

Note: there is a time limit of 30 minutes for this section of public communications and each speaker will be heard in the order of the submission of their speaker slip. Speakers who have turned in a speaker slip prior to the time oral communications was called on the agenda, but were not heard during the initial time period shall be called to speak at the end of the agenda.

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

1. Ceremonial Oath of Office of Councilmembers Gaasterland and Worden Recommended Action: Mayor Martinez will conduct a ceremonial swearing in of Councilmembers Gaasterland and Worden.

Reference: Clerk’s File No. 401-1

2. Update from EDCO on Solid Waste Collection Services Post Transition Recommended Action: It is recommended that the City Council receive an update from Steve South, President, and Carl Scherbaum, General Manager of EDCO.

Reference: Clerk’s File No. 906-9
Del Mar City Council Regular Meeting January 9, 2023
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

3. Presentation on California Public Utilities Commission's NEM 3.0 Proposal by the Clean Energy Alliance
Recommended Action: It is recommended that the City Council receive an informational presentation on CPUC's NEM 3.0 proposal by the Clean Energy Alliance CEO Barbara Boswell and Ty Tosdal, Special Counsel.

Reference: Clerk’s File No. 1403-4

4. City of Del Mar’s Sidewalk Safety Program
Recommended Action: Staff recommends the City Council receive an informational presentation regarding the City’s Sidewalk Safety Program.

Reference: Clerk’s File No. 901-2
IX. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council or the public so requests, in which event, the item will be pulled from the Consent Calendar and considered separately after the motion to approve the Consent Calendar. If you wish to remove an item from the Consent Calendar, please submit a “Speaker Slip” to the City Clerk or raise your hand in Zoom.

5. Approval of Minutes: December 5, 2022 Regular and Special Meeting; December 12, 2022 Special Meeting
Recommended Action: Approve Minutes.

Reference: Clerk’s Minutes Book

6. Ratification of List of Demands, dated January 9, 2023 Recommended Action: Ratify the List of Demands.

Reference: Clerk’s File No. 201-3

7. 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 January 9, 2023
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1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

8. Approval of a Task Order with Michael Baker International to Perform Engineering Design Services for the Hoska Alley Assessment and Developmental Alternatives Analysis
Recommended Action: Staff recommends the City Council: 1) Approve a $49,000 Task Order (Attachment A) with Michael Baker International (MBI) to conduct an engineering assessment and provide initial design alternatives and cost projections for the development of Hoska Alley; and 2) Authorize the City Manager to execute the Task Order.

Reference: Clerk’s File No. 406-1

9. Agreement with Parkwood Landscape Maintenance for Citywide Landscaping Services
Recommended Action: Staff recommends that the City Council: 1) Approve an agreement with Parkwood Landscape Maintenance (Attachment A) to provide citywide landscaping services for an initial three-year period effective February 1, 2023, through February 1, 2026; and 2) Authorize the City Manager to execute the agreement.

Reference: Clerk’s File No. 406-1

10. Second Reading and Adoption of an Ordinance Amending the Del Mar Local Coastal Program (LCPA22-002) and Rezoning (R22-001) Eight City-Owned Properties
Recommended Action: Staff recommends the City Council adopt the Ordinance (Attachment A) to amend the Del Mar Local Coastal Program (LCPA22-002) and rezone (Rezone R22-001) eight City-owned properties.

Reference: Clerk’s File No. 302-4, 304-4, 401-4

11. Recommended Undergrounding Project Advisory Committee (UPAC) Restart, Charter Revisions, and Related Administrative Actions Recommended Action: UPAC Council liaisons, Deputy Mayor Quirk and Councilmember Gaasterland, recommend the City Council: 1) Adopt the Resolution (Attachment A) amending the UPAC charter (Exhibit A to Attachment A); and 2) Direct staff to take related administrative actions including scheduling 2023 UPAC meetings; recruiting to fill committee vacancies; and extending existing committee members’ terms.

Reference: Clerk’s File No. 401-5
Del Mar City Council Regular Meeting January 9, 2023
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1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us X. COUNCIL MEETING RECESS
XI. CITY COUNCIL OTHER BUSINESS

12. New State Housing Legislation Report
Recommended Action: Staff recommends that the City Council: 1) Receive a report on new State housing legislation and the potential impacts to the City of Del Mar’s local control over height, density, structure massing, and parking; and 2) Provide direction and/or feedback for staff to convey to legislative representatives.

Reference: Clerk’s File No. 303-1, 401-7, 1502-18

13. Discussion of City Council Subcommittees Purpose & Scope Recommended Action: Councilmembers Druker and Worden request that the City Council discuss the current list of Council subcommittees and direct each Council subcommittee to work with staff to prepare a charter identifying the purpose and scope for their respective subcommittee for Council consideration in March 2023.

Reference: Clerk’s File No. 401-1, 401-5

14. 2023 City Council Local and Regional Appointments
Recommended Action: Staff recommends that the City Council review the current list of Del Mar City Council regional and local appointments (Attachment A) and make or reaffirm appointments for 2023 from among its members to the identified regional and local boards, commissions, committees and subcommittees; and identify and authorize the elimination of any committees or subcommittees that are no longer deemed necessary.

Reference: Clerk’s File No. 401-1, 401-5
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) Del Mar City Council Regular Meeting January 9, 2023
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us 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 (Worden/Quirk/Druker) 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 (Druker/Worden)
T. Traffic and Parking Advisory Committee (Martinez/Worden) 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.

Del Mar City Council Regular Meeting January 9, 2023
Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us January 23, 2023
End of Declaration of Emergency COVID-19 (Tentative)
Approval of the Third Amendments to Reclaimed Water Agreements for Sale of Reclaimed Water Task Orders for Final Design of Riverpath Phase 3
Presentation of Potential Incentives for Low Income ADUs (Housing Element Program 2A) Presentation of Potential Incentives for Lower Income Units as Required to Implement Housing Element (Phase II Housing Studies)
Extension of Short Term Rental Forbearance (Prior to February 1, 2023 Expiration) 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 5th day of January, 2023 at approximately 4:15 p.m.
___________________________________________ 1/5/2023
Sarah Krietor, Administrative Services Manager/ Date
City Clerk
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

Staff recommends the City Council receive an informational presentation regarding the City’s Sidewalk Safety Program.

DISCUSSION/ANALYSIS:

The City of Del Mar maintains pedestrian concrete sidewalks along major arterials and several residential streets. Concrete sidewalk panels are susceptible to vertical movement due to tree roots, subgrade settlement/expansion, and other causes. These movements can cause “trip hazards” when a panel moves non-uniformly with adjacent panels. Trip hazards are defined as a greater than quarter-inch separation between sidewalk panels.

The City administers an annual Sidewalk Safety Program to reduce the risks associated with these hazards. The program contracts with an independent sidewalk trip hazard specialty firm to perform a comprehensive assessment every three years. These comprehensive assessments include a physical inspection of all the City’s sidewalks by trained technicians with precise measuring equipment. All identified trip hazards are rated, described, photographed, and entered in an electronic database. Staff subsequently budgets, contracts, and performs internal work orders for the removal of all hazards. Staff also physically inspects all the City’s sidewalks annually to identify and remove any trip hazards that appear between the three-year assessment intervals.

The most recent comprehensive sidewalk assessment was completed in May 2022.

Staff’s presentation will cover the assessment’s results and staff’s subsequent mitigation program to utilize specialty contractors and internal resources to document the removal of all identified hazards.

PRIOR CITY COUNCIL REVIEW:

On June 20, 2022, the City Council adopted a resolution amending the Fiscal Year 2022- 2023 Operating and Capital Budget, which established funding for the removal of sidewalk trip hazards.
1 January 9, 2023 Item 04
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January 9, 2023

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FISCAL IMPACT:

There is no fiscal impact or action to be taken by the City Council related to this agenda item. There are sufficient funds available in the Fiscal Year 2022-2023 Operating and Capital Budget for the Sidewalk Safety Program.

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 – Sidewalk Safety Program Presentation
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8 Sidewalk Safety Program Database
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CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
DECEMBER 5, 2022 – VIA TELECONFERENCE ONLY
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.

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

ROLL CALL

Present: Mayor Dwight Worden; Deputy Mayor Tracy Martinez; Councilmembers Dave Druker, Terry Gaasterland, and Dan Quirk (joined at 4:32 p.m.)

CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that there were no recusals and for the December 5, 2022 City Council Closed Session meeting. She reported that for Item A there were no reportable actions. For Item B the City Council voted 5-0 to initiate litigation against the state regarding SB 9

PLEDGE OF ALLEGIANCE
Deputy Mayor Martinez led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
None.

CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Deputy Mayor Martinez reported on the recent Del Mar Village Association (DMVA) Christmas tree lighting ceremony and Sip & Taste and Viewpoint Brewery fundraiser for DMVA. Councilmember Druker reported on the annual Penguin Plunge event to be held on January 1, 2023. Councilmember Gaasterland reported on the University of California San Diego’s commitment to net zero carbon emissions, expressed appreciation to DMVA Chief Executive Officer Jen Grove for the Christmas tree lighting ceremony and Sip & Taste event; and she acknowledged the conclusion of the Del Mar Thoroughbred Club race events for 2022. Mayor Worden reported that the North County Coastal Cities appointed Oceanside Mayor Ester Sanchez to the San Diego County Regional Airport Authority; on Thursday, December 8, 2022, Nature and Culture International is doing a presentation at the Del Mar Town Hall on climate action activities; and Del Mar Community Connections is holding their annual holiday event on December 9, 2022, at the Del Mar Civic Center.

CITY MANAGER’S REPORT
City Manager Ashley Jones reported that the Powerhouse Tot Lot construction began today and is anticipated to be completed in February 2023; upcoming annual turf maintenance at Powerhouse, Seagrove and Shores parks; current recruitments and upcoming appointments to fill vacancies on the 1 January 9, 2023 Item 05
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December 5, 2022

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City’s Design Review Board and Planning Commission; planned certification of the November 2022 General Election results by the City Council on December 12, 2022; and an upcoming public workshop regarding the Coastal Connections Study hosted by SANDAG at the Del Mar Town Hall on December 7, 2022, from 6-8 p.m.

PRESENTATIONS
ITEM 1: PRESENTATION OF THE DRAFT COASTAL CONNECTIONS CONCEPTUAL PLANNING STUDY INITIAL CONCEPTS (CLERK’S FILE NO. 1005-2, 1101-1, 1506-1) City Manager Jones introduced the item. A presentation was provided by SANDAG Senior Engineer Allie DeVaux and Pete Ruscitti with consulting firm WSP.

City Council questions focused on the format for the December 7, 2022, Coastal Connections public workshop; how the future removal of seawalls would affect design alternatives that include stairs and other project elements that may rely on seawalls; whether 4th Street was considered as an at-grade rail crossing location; clarification on the timeline to complete proposed access improvements; whether Concept 1 took into consideration that Coast Boulevard has the most rail related incidents; the proposed dimensions of the signal house; whether an undercrossing at 11th Street was considered; and SANDAG’s plans for public outreach regarding the study.

Mayor Worden opened the item to public comment and the following people spoke:
1) Udo Wahn
2) Camilla Rang
3) Shirli Weiss
4) Suzanne Bevash
5) Al Tarkington
6) Jim Hindman
7) Karen Lare
8) Laura Schaefer
Mayor Worden closed the item to public comment.

Senior Engineer Allie DeVaux responded to the public comment and questions. She also indicated that other questions would be addressed at the public workshop on December 7, 2022.

Council discussion focused on overall support for establishing safe public crossings and access improvements, and support for further consideration of the underpass concept included in the study based on the impacts to the surrounding area related to at-grade crossings.

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 GAASTERLAND, SECONDED BY COUNCILMEMBER DRUKER TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 6. (VOTE 5-0) Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.
2 January 9, 2023 Item 05
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ITEM 2: APPROVAL OF MINUTES: NOVEMBER 14, 2022 REGULAR MEETING (CLERK’S

MINUTES BOOK)
Council approved the minutes, on consent.

ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED DECEMBER 5, 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 A TASK ORDER WITH NV5 INCORPORATED TO PERFORM

ENGINEERING DESIGN SERVICES FOR THE BEACH COLONY PEDESTRIAN IMPROVEMENTS PROJECT (CLERK’S FILE NO. 406-1)
Council approved a $23,484 Task Order with as-needed engineering consultant NV5 Incorporated (NV5) to perform engineering design services for the Beach Colony Pedestrian Improvements Project; and 2) authorized the City Manager to execute the Task Order, on consent.

ITEM 6: APPROVAL OF AN AGREEMENT FOR AS-NEEDED HUMAN RESOURCES SUPPORT SERVICES (CLERK’S FILE NO. 406-1)
Council approved a professional services agreement with CPS HR Consulting to provide as-needed human resources (HR) consulting and support services for an initial one (1) year period effective December 5, 2022, and ending December 5, 2023; and 2) authorized the City Manager to execute the agreement, on consent.

ITEM 7: AUTHORIZATION FOR SAN DIEGO COUNTY SHERIFF’S DEPARTMENT TO

PURCHASE AND INSTALL LICENSE PLATE RECOGNITION CAMERAS ON CITY TRAFFIC SIGNALS (CLERK’S FILE NO. 406-1, 1101-2)
The item was pulled from the consent calendar for City Council questions. Sheriff Lieutenant Christopher Lawrence and Assistant City Manager Clem Brown were available to answer questions. Council questions focused on what the Sheriff’s Department will do with the data; how the data will be stored; ingress and egress at Crest Boulevard and whether the Sheriff’s Department has reached out the City of San Diego regarding installing license plate recognition camera at that intersection; whether the readings are a public record and whether they can be obtained by the public through a California Public Records Act request; whether other vehicles are picked up on the camera; whether these systems can have false readings due to the number of plates; whether the system works at night and how it works; whether Google Maps or other services alert people to these cameras; and clarification on who will maintain and own the equipment.

IT WAS MOVED BY COUNCILMEMBER GAASTERLAND AND SECONDED BY DEPUTY MAYOR MARTINEZ TO AUTHORIZE THE SAN DIEGO COUNTY SHERIFF’S DEPARTMENT TO INSTALL FIVE (5) AUTOMATED LICENSE PLATE RECOGNITION (LPR) CAMERAS ON TRAFFIC SIGNALS IN THE CITY USING RECKOR SYSTEMS 3 January 9, 2023 Item 05
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December 5, 2022

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INC. (RECKOR) EQUIPMENT; AND AUTHORIZE THE CITY MANAGER TO REIMBURSE THE COUNTY OF SAN DIEGO SHERIFF’S DEPARTMENT IN THE AMOUNT OF $28,790 FOR THE CAMERAS, LICENSING, AND SERVICE FEES FOR THREE (3) YEARS AND FOR THE ASSOCIATED CELLULAR SERVICE FEES. (VOTE 5-0)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.

ITEM 8: APPROVAL OF THE 2023 ADVISORY COMMITTEE MEETING SCHEDULE (CLERK’S FILE NO. 401-5)
The item was pulled from the consent calendar by Karen Lare. Karen Lare commented that the Lagoon Committee will be requesting monthly meetings as part of their 2023 Work Plan. City Manager Jones clarified that the City Council is being asked to approve a schedule for quarterly committee meetings and that under the current Council policies committees have the ability to hold additional meetings on an as-needed basis with approval from their committee Council liaisons. She also clarified that the City Council will be reviewing proposed work plans for all City advisory committees during the 2023 Council Goals and Priorities Workshop, which would be the basis for determining whether some committees may need to meet more frequently.

IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY
COUNCILMEMBER GAASTERLAND TO APPROVE THE 2023 ADVISORY
COMMITTEE MEETING SCHEDULE. (VOTE 5-0)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.

ITEM 9: RESOLUTION MEMORIALIZING THE CITY COUNCIL’S DECISION ON TREES, SCENIC VIEWS, AND SUNLIGHT APPLICATION TVS21-002 (CLERK’S FILE NO. 1403-7)
The item was pulled from the consent calendar by attorney Scott Williams who provided comment on behalf of Mr. and Mrs. White. City Attorney Devaney responded to Mr.

Williams comments and advised the City Council that the action before the Council related to this agenda item is to memorialize the prior determination of the of the City Council by adoption of the resolution.

IT WAS MOVED BY COUNCILMEMBER GAASTERLAND AND SECONDED BY DEPUTY MAYOR MARTINEZ TO ADOPT RESOLUTION 2022-75 AS AMENDED, “A

RESOLUTION OF THE CITY OF DEL MAR, CALIFORNIA REGARDING TREES, SCENIC VIEWS, AND SUNLIGHT APPLICATION TVS21-002, DETERMINING THAT THE SCENIC VIEW FROM THE PRIMARY LIVING AREA OF 225 TORREY PINES TERRACE IS UNREASONABLY OBSTRUCTED BY THREE (3) TREES LOCATED AT 473 OCEAN VIEW AVENUE, AND THAT SPECIFIC VIEW RESTORATION MEASURES ARE WARRANTED AND REQUIRED”. (VOTE 4-1 WITH COUNCILMEMBER DRUKER

VOTING NO)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Gaasterland and Quirk; Noes: Councilmember Druker; Absent: 0; Abstain: 0. 4 January 9, 2023 Item 05
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December 5, 2022

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Council discussed the possibility of reconsidering this matter as requested by the Whites and whether CEQA review was conducted for removal of the tree. City Attorney Devaney advised on the Council’s option to direct the City Attorney to look into options to reconsider the matter. Council consensus was to not direct the City Attorney to explore options to reconsider the matter.

PUBLIC HEARING
ITEM 10: DE NOVO OF AN APPEAL OF THE CITY MANAGER’S DECISION ON ENCROACHMENT PERMIT EP22-064
EP APPLICANT/APPELLANT: STEVEN CROWE
APPLICANT’S ADDRESS: 111 SEA CLIFF WAY
(CLERK’S FILE NO. 802-1)
Councilmember Gaasterland was recused from participating in the de novo hearing due to residing within 500 feet of the subject matter of the hearing. City Attorney Devaney provided an overview of the de novo hearing procedure. Councilmember Druker disclosed that he has visited the property and has read the relevant materials. Deputy Mayor Martinez disclosed that she has visited the property twice and read the related red dots. Councilmember Quirk disclosed that he read the materials and red dots. Mayor Worden disclosed that he visited the site and read the agenda materials.

A presentation was provided by Assistant Planner Madeline Shute.

Applicant Steve Crowe provided a presentation on the merits and in support of EP22-064.

Mayor Worden opened the item to public comment and the following people spoke:
1) Karen Lare
2) Shirli Weiss
Mayor Worden closed the item to public comment.

Council discussion focused on appreciation to staff for their role and responsibility in implementing the Del Mar Municipal Code and the City Council’s ability to consider discretionary approval of the encroachment permit; outcome in the event of a tie vote on the matter; and desire to implement the code consistently.

IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY DEPUTY MAYOR MARTINEZ TO ADOPT RESOLUTION 2022-76, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, DENYING ENCROACHMENT PERMIT EP22- 064, A REQUEST TO INSTALL LANDSCAPING AND IRRIGATION WITHIN THE PUBLIC RIGHT-OF-WAY ADJACENT TO 111 SEA CLIFF WAY IN DEL MAR, CALIFORNIA”. (VOTE 3-1-1 WITH MAYOR WORDEN VOTING NO, AND

COUNCILMEMBER GAASTERLAND RECUSED)
Ayes: Deputy Mayor Martinez, and Councilmembers Druker and Quirk; Noes: Mayor Worden; Absent: 0; Abstain: Councilmember Gaasterland.

COUNCIL MEETING RECESS:

The City Council took a meeting recess from approximately 7:13 to 7:23 p.m. 5 January 9, 2023 Item 05
City Council Regular Minutes
December 5, 2022

Page 6 of 7 ends

CITY COUNCIL OTHER BUSINESS
ITEM 11: APPROVAL OF A LETTER TO STATE LEGISLATORS REGARDING ADVERSE IMPACTS OF STATE HOUSING LEGISLATION (CLERK’S FILE NO. 303-1, 401-7) An introduction to the item was provided by City Manager Jones. A presentation was provided by Deputy Mayor Martinez and Councilmember Gaasterland.

Council questions and discussion focused on the impacts of State housing legislation on Del Mar and importance of ensuring that State legislators are aware of the impacts and the City’s interest in collaborating on potential solutions.

There were no public speakers for the item.

IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY DEPUTY MAYOR MARTINEZ TO SEND THE LETTER TO THE CITY’S STATE LEGISLATIVE REPRESENTATIVES

ALONG WITH THE LEAGUE OF CALIFORNIA CITIES, WITH EDITS FROM COUNCILMEMBER GAASTERLAND AND COMMUNITY DEVELOPMENT AND PLANNING DIRECTOR BRINDLEY. (VOTE 5-0)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.

ITEM 12: IN-PERSON PUBLIC MEETINGS TRANSITION PLAN (CLERK’S FILE NO. 401-1, 1104- 3)
A presentation was provided by Administrative Services Manager/City Clerk Krietor.

Council questions and discussion focused on COVID safety procedures for public meetings; preference to resume in–person/hybrid meetings in January 2023; whether meeting participants, other than Councilmembers, should be permitted to participate in meetings remotely; desire to defer to the City Manager on whether or not to allow staff to participate remotely in meetings; desire to revisit the hybrid meeting plan as-needed; timing for installing hybrid meeting equipment in the Town Hall; and Council desire to allow applicants/appellants and their representative to participate remotely in meetings.

There were no public speakers for this item.

IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY COUNCILMEMBER DRUKER TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $8,500 TO THE PUBLIC, EDUCATIONAL, AND GOVERNMENT (PEG) FUND FOR HYBRID MEETING EQUIPMENT. (VOTE 5- 0)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.

REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY

ORGANIZATION REPORTS
City Council representatives reported on the Clean Energy Alliance; SANDAG Board of Directors; Parks and Recreation Committee; Measure Q Citizen Oversight Committee; Legislative Subcommittee; San Dieguito River Valley Regional Open Space Park (JPA); Del Mar Quarterly Non-profits; League of California 6 January 9, 2023 Item 05
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December 5, 2022

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Cities; League of California- California Coastal Cities; CSA-17 Ambulance District Advisory Board; Del Mar Community Connections;

ADJOURNMENT
Mayor Worden adjourned the meeting at 9:06 p.m.
__
Sarah Krietor, Administrative Services Manager/
City Clerk
7 January 9, 2023 Item 05

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES

CLOSED SESSION
DECEMBER 5, 2022
Via Teleconference
1050 Camino del Mar, Del Mar, California

CALL TO ORDER
Mayor Worden called the meeting to order at 3:30 P.M.

ROLL CALL

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

CLOSED SESSION
A) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: One
Description: Potential litigation related to the outcome of the Deftos/White TSVS matter Authority: Government Code Section 54956.9(d)(2)
Reportable Action: None.

B) Conference with Legal Counsel - Initiation of Litigation Number of Cases: One
Description: Potential litigation related to Senate Bill 9 Implementation Authority: Government Code Section 54956.9(d)(4)
Reportable Action: The City Council voted unanimously to join the City of Redondo Beach, et al. v. Bonta LASC Case No. 22STCP01143 lawsuit challenging the State’s adoption of Senate Bill No. 9 (SB 9) for a maximum amount of $30,000.

ADJOURNMENT
Mayor Worden adjourned the meeting at 4:26 P.M.
_________________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
8 January 9, 2023 Item 05

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES

CLOSED SESSION
DECEMBER 12, 2022
Via Teleconference
1050 Camino del Mar, Del Mar, California

CALL TO ORDER
Mayor Worden called the meeting to order at 3:45 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: One
Description: Liabilities related to NCTD right-of-way fencing Authority: Government Code Section 54956.9(b)
Reportable Action: None.

ADJOURNMENT
Mayor Worden adjourned the meeting at 4:12 P.M.
_________________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
9 January 9, 2023 Item 05
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Mariel Cairns, Management Analyst
Via Ashley Jones, City Manager
DATE: January 9, 2023
SUBJECT: Approval of a Task Order with Michael Baker International to Perform Engineering Design Services for the Hoska Alley Assessment and Developmental Alternatives Analysis
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Approve a $49,000 Task Order (Attachment A) with Michael Baker International (MBI) to conduct an engineering assessment and provide initial design alternatives and cost projections for the development of Hoska Alley; and 2) Authorize the City Manager to execute the Task Order.

DISCUSSION/ANALYSIS:

An undeveloped alley exists on City Right-of-Way (ROW) between 8th and 9th Streets, from Hoska Drive to Camino del Mar (Hoska Alley). The alley’s western portion, approximately 450 feet, is only accessible on foot due to various encroachments from nine properties. The eastern portion of the alley, which is approximately 300 feet, provides vehicular accessibility to approximately ten properties (Attachment B). The alley’s eastern portion also contains a water main with services/meters to approximately 14 properties.

Historically, developers and private residents have constructed these types of alleys to roadway standards and, once completed and accepted by the City, the City assumed maintenance and repair responsibilities. However, that has not been the case with Hoska Alley, which remains undeveloped and in an unimproved condition. Over the years, Hoska Alley residents have requested assistance from the City in improving the alley to address dust and drainage issues.

On September 7, 2021, the City Council directed staff to incorporate development of the alley into the City’s Capital Improvement Program. During the 2022 City Council Goals and Priorities workshop and subsequent FY 2022-23 Budget Update in June 2022, the City Council approved funding for an engineering assessment and development of initial design alternatives, including estimated costs, for Hoska Alley.

The City has an agreement in place with MBI for as-needed civil engineering services.

As such, staff recommends issuing MBI a Task Order to proceed with an engineering 1 January 9, 2023 Item 08
City Council Agenda Report
MBI Task Order - Hoska Alley Phase I Engineering
January 9, 2023

Page 2 of 2 ends

assessment of Hoska Alley (Phase I). The assessment will include a topographic survey and subsequent hydrologic and hydraulic studies to determine the proposed storm water runoff quantities and impacts to downstream infrastructure. Several design alternatives to develop Hoska Alley and modify downstream infrastructure will be developed with preliminary cost estimates. Findings will be summarized into a Technical Memorandum, which will include a recommended alternative, based on input from the City. The proposed Task Order, which includes a total cost for services of $49,000 (Exhibit 1), is included with this agenda report as Attachment A.

If approved, the Phase 1 work is scheduled for completion in the spring of 2023. Design alternatives will be presented to City Council and staff will subsequently proceed with a more detailed engineering design of the selected alternative during Phase II of the work.

PRIOR CITY COUNCIL REVIEW:

On June 20, 2022, City Council adopted a resolution amending the Fiscal Year 2022- 2023 Operating and Capital Budget, which established funding for the Hoska Alley Assessment and Initial Design.

On September 7, 2021, City Council discussed potential improvements to an existing undeveloped pubic alley, known as Hoska Alley, located between 8th Street and 9th Streets.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. There are sufficient funds available the Fiscal Year 2022-2023 Operating and Capital Budget to perform the Task Order work.

ENVIRONMENTAL IMPACT:

ATTACHMENTS:

Attachment A – MBI Task Order
Exhibit 1 to Attachment A – Hoska Alley Drainage Scope of Work Attachment B – Hoska Alley Vicinity Map
2 January 9, 2023 Item 08
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us January 9, 2023
Michael Baker International SENT VIA EMAIL
Attn: Tim Thiele
5050 Avenida Encinas, Suite 260
Carlsbad, CA 92008
[email protected]
RE: TASK ORDER FOR THE HOSKA ALLEY DRAINAGE ALTERNATIVES ANALYSIS This Task Order (TO) is issued pursuant to the terms and conditions contained in the as-needed Consulting Services Agreement between the City of Del Mar and Michael Baker International (Consultant), the term for which is December 7, 2020, to December 7, 2023.

Consultant shall execute tasks related to the Hoska Alley Drainage Alternatives Analysis as described in the Consultant’s proposal dated December 9, 2022, and included as Exhibit 1 to this Task Order. The project cost for this Task Order shall not exceed $49,000. The project schedule shall commence upon separate issuance of Notice to Proceed and be completed to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit 1.

The primary contact for this Task Order and invoicing is Joe Bride, Public Works Director, who can be reached at [email protected] and (858) 755-3294.

Please sign and return an original copy of this Task Order to Mariel Cairns, Management Analyst, City of Del Mar, 1050 Camino del Mar, Del Mar, CA 92014 and email a PDF copy to [email protected].

Approved by: Accepted by:
_____________________________________ _______________________________________ Ashley Jones Date Tim Thiele Date
City Manager Vice President
cc: Joe Bride, Public Works Director
Exhibit 1 – Scope of Work for Hoska Alley Drainage
3 January 9, 2023 Item 08
5050 Avenida Encinas, Suite 260 |
Carlsbad, CA 92008
Office: 760.476.9193 | Fax:
760.476.9198
EXHIBIT 1
December 9, 2022
Joe Bride
Public Works Director / City Engineer
City of Del Mar
2240 Jimmy Durante Boulevard
Del Mar, CA 92014
Re: Hoska Alley Assessment and Developmental Alternatives Analysis – Phase 1 Dear Joe:

Pursuant to your request, the Michael Baker International team is pleased to provide you with this proposed scope of services and fee estimate for the above-mentioned project.

Below is a summary breakdown of the tasks we would undertake to prepare the Alternatives Analysis for Hoska Alley. A detailed scope of services is attached and fee estimate is provided below.

Task 1: Preliminary Drainage Study $14,000
Task 2: Alternatives Analysis $15,000
Task 3: Study Findings and Developed Alternatives $20,000 TOTAL: $49,000
Our staff is ready to commence upon your approval of our scope of services. If you have any questions about this scope of services or fee estimate, please feel free to contact me at 858-442- 5597.

Sincerely,
Tim Thiele, PE
Contract Manager
4 January 9, 2023 Item 08
City of Del Mar
December 9, 2022
Hoska Alley Drainage Page 1
City of Del Mar As-Needed Professional Services Agreement Proposal for Hoska Alley Assessment and Developmental Alternatives Analysis – Phase 1
Project Understanding
Hoska Alley and the surrounding area between 8th and 9th Streets in the City of Del Mar has resident encroachments and experienced erosion and drainage concerns. Michael Baker International will assess the existing conditions to quantify the storm water run-on and run-off in the affected area and prepare a set of alternatives for paving and drainage routing. The following provides the tasks needed to complete this scope of work.

Scope of Services
This scope has been prepared in response to the City’s request presented on our phone conversation last October. The following scope has been developed based on our knowledge of the area, our understanding of the City’s needs, and on our experience with similar projects.

Task 1: Preliminary Drainage Study
The existing topography, land cover, and hydrologic soil type will be assessed to prepare a hydrologic study. The study will be limited to the affected area at Hoska Alley, the contributing watershed, and down to the NCTD right-of-way and to the outlet at the Pacific Ocean. Once the overland runoff has been quantified, the existing curb and gutter and pipe network will be analyzed to estimate the depth and velocity of flow at areas of accumulation. The 10-, 25-, and 100-year storm events will be analyzed.

The analysis may be prepared using either 1D or 2D analysis, whichever method is best suited to the topography and the quality of input data.

Task 2: Alternative Analysis
When the drainage areas have been quantified from the existing conditions analysis, up to three (3) alternatives for the known problem areas will be developed. Alternatives may include upsizing the underground conveyance (9th Street, Shores Park to Little Orphan Alley, methods of overland flow), re-routing flows away from private property, proposing additional or replacing failing underground infrastructure, or others as are deemed appropriate by the design engineer.

Preliminary cost estimates for conceptual design will be prepared for each proposed alternative.

Prior to finalizing the alternatives and preparing a recommended alternative, there will be one meeting between the design team and the City’s Public Works representatives to discuss the alternatives development process and allow the City’s input on final selections.

Task 3: Study Findings and Developmental Alternatives Technical Memorandum The findings of the study will be summarized in a Design Recommendations Technical Memorandum. The memo will discuss study assumptions, data sources, calculation methods, development alternatives for improvements to the alley’s driving surface and drainage routing, as well as preliminary cost estimates.
5 January 9, 2023 Item 08

ATTACHMENT B
Hoska Alley Vicinity Map
Undeveloped Alley between 8th and 9th Streets from Hoska Drive to Camino Del Mar 6 January 9, 2023 Item 08
City of Del Mar
Agenda Report
TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Tom Romaine, Public Works Operations Manager
Mariel Cairns, Management Analyst
Via Ashley Jones, City Manager
DATE: January 9, 2023
SUBJECT: Agreement with Parkwood Landscape Maintenance for Citywide Landscaping Services
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Approve an agreement with Parkwood Landscape Maintenance (Attachment A) to provide citywide landscaping services for an initial three-year period effective February 1, 2023, through February 1, 2026; and 2) Authorize the City Manager to execute the agreement.

DISCUSSION/ANALYSIS:

The City of Del Mar (City) is committed to maintaining its urban landscaping, which has historically been achieved by contracting with an outside landscaping contractor to provide landscape services. The scope of work generally includes the maintenance of public turf, shrubs, and walkways, in addition to providing weed control throughout the City’s parks, medians, street ends, and other public areas.

On November 7, 2022, the City issued a Request for Proposals (RFP), soliciting bids from qualified contractors to provide citywide landscaping services. The term for the requested services included in the RFP is an initial three-year period beginning February 1, 2023, through February 1, 2026, with an option to extend the agreement for an additional two-year period. Five bids were received and are listed below with the corresponding proposed annual amounts:

1. Parkwood Landscape Maintenance $203,400

2. Mariposa Landscapes $284,278

3. Steven Smith Landscape $300,189

4. Aztec Landscaping $374,757

5. Executive Landscape $595,057
Public Contract Code Section 20162 requires the City award the contract to the lowest responsive/responsible bidder. Staff evaluated the lowest bid of $203,400 that was submitted by Parkwood Landscape Maintenance (Parkwood) and found it to be responsive. Parkwood also received positive references for similar work from the cities of Huntington Beach and Irvine. Therefore, Staff also determined Parkwood’s bid to be responsible and recommends ________________________________________________________________________________________________________ City Council Action:
1 January 9, 2023 Item 09
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Agreement for Citywide Landscaping Services
January 9, 2023

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that a three-year agreement for citywide landscaping services be awarded to Parkwood Landscape Maintenance.

FISCAL IMPACT:

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

There are sufficient funds available to cover the cost of these services in the current Fiscal Year 2022-2023 Operating and Capital Budget. Funds for these services will also be included in future fiscal year operating and capital budgets for Council consideration.

ENVIRONMENTAL IMPACT:

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

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

ATTACHMENTS:

Attachment A – Agreement with Parkwood Landscape Maintenance 2 January 9, 2023 Item 09

ATTACHMENT A

AGREEMENT BETWEEN THE CITY OF DEL MAR AND PARKWOOD LANDSCAPE

MAINTENANCEFOR CITYWIDE LANDSCAPING SERVICES
This Agreement (“Agreement”) is made and entered into this 9th day of January, 2023 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and Parkwood Landscape Maintenance, Inc. (“Contractor”) (collectively “Parties”).

WHEREAS, the City desires to employ a qualified firm to provide citywide landscaping services on a scheduled and as-needed basis (“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 Contractor is qualified based on their experience and ability and willingness to perform the services desired by City; and WHEREAS, Contractor will conduct all the work as described and detailed in this Agreement to be provided to the City.

NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:

1. SERVICES.

1.1 Scope of Services. The Contractor shall perform the 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 Contractor’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Contractor’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 Contractor 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.

1.3. Prevailing Wage Obligation. Contractor is hereby notified that this project is a public work and is subject to State prevailing wages. 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 Contract, from Director of the Department of Industrial Relations. Current prevailing wage rates and information is available on the Internet at http://www.dir.ca.gov. Contractor shall post a copy of such rates at the job site and shall pay the adopted prevailing wage rates as a minimum.

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.

Pursuant to the provisions of section 1775 of the Labor Code, Contractor shall forfeit to City, as a penalty, a sum to be determined by the Labor Commissioner 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 Agreement, by it or by any subcontractor under it, in violation of the provisions of the Agreement.
3 January 9, 2023 Item 09
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Agreement for Citywide Landscaping Services

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All Contractors and subcontractors must be registered with the Department of Industrial Relations, State of California (DIR) prior to submitting a bid on any public works project, pursuant to Labor Code section 1725.5. Quotes from Contractors or subcontractors that are not currently registered as required will be deemed nonresponsive and will not be considered. This project is subject to compliance monitoring and enforcement by the DIR.

2. DURATION OF AGREEMENT.

2.1 Term, Time for Performance. This Agreement shall be effective for a period of three (3) years beginning on February 1, 2023 and ending on February 1, 2026. The agreement may be extended for an additional two (2) year period, upon written approval of both parties.

Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.

2.2 Delay. Any delay occasioned by causes beyond the control of Contractor may merit an extension of time for the completion of the Scope of Services. When such delay occurs, Contractor 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 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 Contractor be in default of any covenant or condition hereof, City may immediately terminate this Agreement for cause if Contractor 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 Contractor’s default, City may terminate this Agreement, without cause, by giving written notice to Contractor. Such termination shall be effective upon receipt of the written notice. Contractor 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, Contractor 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 Contractor 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 Contractor shall be delivered to the City Manager, upon his request, as property of City.

4. COMPENSATION.

4.1 Total Amount. Compensation to Contractor shall be provided in accordance with the rates described in the Fee Schedule contained in Exhibit “B” and incorporated herein. Contractor shall bill the City for work provided and shall present a written 4 January 9, 2023 Item 09
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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 Contractor in advance. Contractor 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 Contractor. Should such additional services be required, Compensation therefore shall be paid to the Contractor in accordance with Fee Schedule contained in Exhibit “B.” City and Contractor shall agree to the costs prior to commencement of such work.

5. INDEPENDENT CONTRACTOR. Contractor is, for all purposes arising out of this Agreement, an independent Contractor. The Contractor has and shall retain the right to exercise full control and supervision of all persons assisting the Contractor in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Contractor nor Contractor’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Contractor 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. Contractor 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 Contractor using the degree of care and skill ordinarily exercised by reputable Contractors practicing in the same field of service in the State of California. By executing this Agreement, Contractor represents that it has demonstrated trustworthiness and possesses the quality, fitness, and capacity to perform the Agreement in a manner satisfactory to City.

Additionally, Contractor and all of Contractor’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 Contractor 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. Contractor 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 Contractor 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 services performed by Contractor, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Contractor, 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 Contractor, at the time that it was disclosed to Contractor by the City, (b) subsequently becomes publicly known through no act or omission 5 January 9, 2023 Item 09
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of Contractor or (c) otherwise becomes known to Contractor 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 Contractor or subcontractors.

9. CONFLICTS OF INTEREST.

9.1 Contractor 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. Contractor 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 Contractor has a financial interest as defined in Government Code § 87103. Contractor 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.

9.2 Contractor shall comply with all of the reporting requirements of the Political Reform Act. The Contractor shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the Contractor is subject to a conflict of interest code, if applicable. The Contractor 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 Contractor was subject to a conflict of interest code.

9.3 If, in performing the Services set forth in this Agreement, the Contractor 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 Contractor shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the Contractor’s relevant financial interests.

10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by Contractor under this Agreement shall be considered the property of City. Contractor 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 Contractor 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 Contractor, 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 Contractor’s liabilities, including but not limited to Contractor’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 6 January 9, 2023 Item 09
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is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to nonpayment 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. Contractor 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.

11.3.2 Commercial Automobile Liability. For all of the Contractor'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 $1,000,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).

11.3.3 Workers' Compensation. For all of the Contractor'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 Contractor 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.

11.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions are the responsibility of the Contractor 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 Contractor 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. Contractor 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 7 January 9, 2023 Item 09
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require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

12. DEFENSE AND INDEMNIFICATION.

12.1 Contractor agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the Contractor, its employees, agents, and subcontractors performance of services under this Agreement. Contractor’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the City or its elected officials, officers, agents, and employees. Contractor'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 self-administered 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.

12.2 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 Contractor under this Agreement for the purpose of resolving such claims; provided however, that City may release such funds if Contractor 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.

12.3 Contractor agrees that its duty to defend arises upon an allegation of liability based upon the performance of services under this Agreement by Contractor, its officers, agents, representatives, employees, sub-Contractors, or anyone for whom Contractor is liable and that an adjudication of Contractor’s liability is not a condition precedent to Contractor's duty to defend.

13. SUBCONTRACTORS.

13.1 The Contractor’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 Contractor and its subcontractor shall also provide that each subcontractor shall obtain insurance policies, which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement. The Contractor 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 Contractor.

13.3 In any dispute between the Contractor and its subcontractors, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Contractor 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.
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14. 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 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. Contractor 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 Contractor
City of Del Mar Parkwood Landscape Maintenance, Inc.

City Clerk David Melito, President
1050 Camino del Mar 16435 Hart Street
Del Mar, CA 92014 Van Nuys, CA 91406
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Contractor’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 Contractor or any of Contractor’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Contractor by City. The acceptance or use of any such equipment by Contractor, Contractor’s employees, or subcontractors shall be construed to mean that Contractor 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 interpret any portion of this Agreement 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.

19. COMPLIANCE WITH LAWS. The Contractor 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. Contractor shall indemnify and defend the Indemnified Parties from and against any liability incurred due to any failure on the part of Contractor to comply with any applicable Laws.
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To the extent Contractor is required to comply with prevailing wage requirements, Contractor does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Contractor and any subcontractors 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 Contractors 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 Contractor, 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. CONTRACTOR’S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM 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 Contractors 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 Contractor 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 Contractor 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 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 10 January 9, 2023 Item 09
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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.
[SIGNATURES ON THE FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF DEL MAR,
a municipal corporation
By: _______________ ____________
Ashley Jones, City Manager
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney

PARKWOOD LANDSCAPE MAINTENANCE,
Inc.

By: __________________________________
David Melito, President
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EXHIBIT “A”

SCOPE OF SERVICES
I. SCOPE OF WORK
A. Detailed Scope of Services
The scope of services includes turf management; shrub bed maintenance; fertilization; sweeping of artificial grass surfaces and cleaning of hardscape; environmental weed and pest control program; and irrigation equipment and operations for all locations identified in 2022-08 RFP. The City is responsible for all costs associated with water use.

It is the responsibility of the Contractor to visit the site and become familiar with the project location and maintenance needs. It is the City’s expectation that all land care and maintenance items identified in this scope of work will be addressed.

B. Locations/Facilities to Be Serviced
Locations/facilities to be serviced are listed within Exhibit “B” – Fee Schedule, of this document. The locations are also identified on Exhibit 1 – Map with the Services Locations. The documents as listed below are intended to be complementary so that any and all work called for in one and not mentioned in another shall be executed as if mentioned in all documents. All proposing contractors shall be responsible for familiarizing themselves with the conditions and requirements of the proposal prior to submitting one.

C. Project Administration and Coordination
Kick-off Meeting. Upon contract award, Contractor shall conduct a kick-off meeting with the City to review the scope of the project, develop a project schedule, and confirm deliverables. The project schedule shall include each task and subtasks, staffing plans and frequencies.

Coordination. Facilities to be serviced are owned by the City of Del Mar. It is the responsibility of the Contractor to coordinate any interactions that may need to occur with various City departments or outside agencies throughout the provided services.

D. Additional Site Conditions
Tie off, with the appropriate safety harnesses by qualified employees must be complied with at each time outside where the fall height is greater than five (5) feet.

No exceptions.

E. Shrubs and Vines

1. Pruning
All personnel will be trained in fall protection procedures when working in elevated planters. These individuals must have the proper and certified equipment when working in said planters.
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Shrubs shall be pruned to allow air to pass through shrubs. All dead material shall be removed. “Hedge Pruning” is prohibited.

Shrubs and vines shall be pruned to maintain growth within space limitations, to maintain/ enhance the natural growth habit, or eliminate diseased/damaged growth. Some species shall be trimmed appropriately to influence flowering and fruiting, or to improve vigor.

Shrubs and vines must be trimmed as needed to permit unobstructed passage to residents or vehicles. Trimming near vehicular entry or exits shall be carried out to prevent sight restrictions.

Shrubs shall be pruned to conform with the design concept of the landscape.

Individual shrubs shall not be clipped into balled or boxed forms, except where specifically instructed.

Vines shall be pruned to control growth and direction, and shall not be allowed to grow over windows, doors or other structural features, unless directed by the City. Vines shall not be allowed to grow over the crowns of shrubs or trees.

Pruning shall be accomplished to promote structural strength and accentuate the plant.

2. Fertilization
Most shrubs and vines should be fertilized annually. Plants that have reached maturity may not require annual fertilization.

All actively growing plants, not yet at maturity, shall be fertilized yearly during the months of February through March. Apply an appropriate organic slow-release, long lasting complete fertilizer, controlled release fertilizer, or plant tablets at the manufacturer’s recommended application rate.

All plants shall be observed for signs of nutrient deficiencies and treated to correct deficiencies throughout the year. Nutrient deficiency shall be brought to the attention of the Landscape Specialist and properly identified prior to treatment.

Contractor must use an approved organic fertilizer.

F. Turf Care
Mowing: Warm season grass: Shall be mowed (maintained) with at a height of ¾” to 1”. All turf areas shall be cut at regular weekly intervals to maintain a neat appearance at all times. Cool season grass: Turf shall be mowed with mowers at a height of three inches (3”) during the spring, summer and fall. In the winter, turf areas shall be mowed at a height of 2”. Excess clippings which present an undesirable appearance shall be removed from the turf.

Edging and Trimming: Turf edges adjacent to walks, curbs, paving mow strips, walls, fences, poles, buildings, shrub areas and other physical obstructions shall be trimmed weekly. “Weed eaters” or similar equipment shall not be used around trees or shrubs.
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Aeration/Renovation: All turf areas to be aerated during the months of March and October by removing half inch (1/2”) diameter by three inches (3”) deep cores with an aerator machine at not more than six inch (6”) spacing. CONTRACTOR shall flag all irrigation sprinklers prior to commencement of work. Cores shall be dragged or removed (by mowing) after completion of aeration.
· Aerification Mowing shall be performed twice a year, April and October. · Renovation shall be performed once a year, in the fall months (OctoberDecember) or off peak season.

Overseeding: To be completed twice annually and scheduled in conjunction with aeration schedule during April and October months. Overseeing to be included in contractors bid under Fertilization line item pricing for all natural grass areas as listed in bid schedule.

Fertilization: Apply a complete controlled release fertilizer (e.g. Nature Safe Organic fertilizer 27-2-2 with Uflexx
TM) at appropriate intervals, after aeration
operations, so as to maintain a healthy, actively growing turf.

Disease, insect and rodent Control: The Contractor shall regularly inspect all turfed areas for presence of disease, insect or rodent infestation. The Contractor shall advise the Project Coordinator within four (4) days if disease, insect or rodent infestation is found; Contractor shall identify the disease, insect or rodent and specify control measures to be taken. Upon approval by the Project Coordinator, the Contractor shall implement the approved control measures, exercising extreme caution in the application of all sprays, dusts, or other materials utilized. Approved control measures shall be continued until the disease, insect or rodent is controlled to the satisfaction of the Project Coordinator. The Contractor shall utilize all safeguards necessary during disease, insect or rodent control operations to ensure safety of the public and the employees of the Contractor, in accordance with current standard practices accepted by the State of California Dept. of Food and Agriculture.

If contractor is unable to control the pest or disease, a pest control company will be hired and the billing will be deducted from contractor’ monthly payment.

All individuals who supervise the mixing and application of herbicides, pesticides and rodenticides shall possess valid Qualified Applicators Certificate for Category B issued to them by the State Dept. of Food and Agriculture.

G. Ground Covers

1. Trimming
Prune groundcover as required to contain perimeter growth to within bed areas where adjacent to walks, curbs, and structures. Mature groundcover will be maintained at a consistent appearance with a beveled or rolled edge at hard surfaces.

Ground covers shall not be allowed to touch or cover the crowns of shrubs and trees.
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Some ground covers may require cutting back to remove woody growth and promote vigor. This shall be performed at the direction of the Landscape Specialist.

2. Fertilization
Fertilization shall coincide with the growing season of each specific ground cover.

One application of a complete fertilizer in the spring, per manufacturer’s recommended rate, adequate for established ground covers.

April 1 to April 15: apply granular fertilizer 12-12-12 at a rate of 1-pound actual nitrogen per 1000 square feet. This rate is 8.5 lbs. per 1000 sq. ft. or 365 lbs. per acre.

May 15 to May 31: apply granular fertilizer 21-0-0 ammonium sulphate at a rate of one-half pound of nitrogen per 1000 square feet. This rate is 2.4 lbs. per 1000 sq. ft. or 1051 lbs. per acre.

July 1 to July 15: apply granular fertilizer 32-0-0 ammonium nitrate at a rate of one-half pound actual nitrogen per 1000 square feet. The rate is 1.6 lbs. per 1000 sq. ft. or 68 lbs. per acre.

September 1 to September 15: apply granular fertilizer 16-16-16 at a rate of one pound of nitrogen per 1000 square feet. The rate is 6.2 lbs. per 1000 sq. ft. 0. or 275 lbs. per acre.

Plant materials shall be fertilized where there are signs of nutritional deficiencies or a desire for additional growth-this should be scheduled four (4) times per year.

Must be an approved organic fertilizer (Nature Safe Brand – Organic Fertilizers).

H. Disease and Rodent Control
All chemical controls must be applied under the supervision of a licensed and qualified applicator who possesses a valid California Qualified Pesticide Applicator License.

A qualified pest control applicator, following the procedures set forth in the labeling of the product, as required by law.

Healthy plants should be able to withstand minor disease and insect damage without controls. Routine application of pesticides shall not be practiced, as this destroys natural predator-prey relationships in the environment.

Where usually high infestations or infections occur, an accurate identification of the disease or insect shall be made, and the control selected with care, prior to application.
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The Landscape Specialist shall be provided with the labeling for each pesticide used before the product is applied.

Rodents shall be trapped or controlled with approved baits.

Disease control to be included in the Fertilization line item on the bid schedule.

I. Weed Control
Contractor will at all times be in compliance with requirements for hazardous communications programs. Pest control specialist are to be trained and supervised in the safe application, storage, and disposal of chemicals in accordance with EPA, OSHA, and DPR regulations. Use of Round-Up, Ranger-Pro, or any other product with Glyphosate is prohibited. Violations of any of these requirements may lead to a civil penalty of up to $5,000 per day, per violation. Cheetah Pro, manufactured by Nufarm or equal herbicide shall be used for weed control. All products shall identified and approved by the Landscape Specialist prior to use.

J. Weed Removal
Weeds shall be removed from all turf grass areas, shrub and ground cover areas, planters, tree wells, slopes, cracks in paved areas, including sidewalks, areas covered with ornamental rocks and bark mulch, and in curbs and gutters. The weeds shall be pulled on a weekly basis.

For the purpose of this specification a weed will be considered “any undesirable or misplaced plant”. Weeds shall be controlled by manual, mechanical, or chemical methods, but NO chemicals are to be used in City’s Parks, on the turf, or at the Winston School, only in planters and medians throughout the City. The Project Coordinator may restrict the use of chemical weed control in certain areas.

Center island maintenance shall include the removal of weeds growing in all paved or unpaved surfaces of the center island.

K. Pre-Emergent Control
All areas dressed in decomposed granite and artificial grass or natural ground shall be treated with pre-emergent herbicide twice yearly: in spring between February 15 and March 15, and in fall between October 15 and November 15. The pre-emergent must receive 0.511 of rain or be watered in within 10 days of application.

Areas seeded with wild-flowers shall be identified by the Landscape Specialist and shall not be treated with pre-emergent herbicide.

Weed control will also be addressed in the cracks of concrete paving and or adjacent cracks where weeds can germinate.

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L. Post-Emergent Control
All areas shall be kept free of weeds. Organic Chemical and/or mechanical means may be used as appropriate. If any weeding is not performed, maintenance will be considered unsatisfactory.

Before applying herbicides, the type of weed shall be identified, and the control selected accordingly, using the most effective control for the species, the location and the season.

Weeds shall not be allowed to grow in paved areas such as driveways, walks, curbs, gutters, etc. Weeds may be removed manually or sprayed with an herbicide. Dead weeds shall be removed from the paved areas.

The Landscape Specialist shall be provided with the labeling (MSDS) for each herbicide proposed before the product is applied. Post emergent shall be sprayed at the manufacturer’s recommended rates.

Weeds shall be controlled in turf areas. Mowing is not an acceptable method for weed control. All ground cover areas shall be maintained essentially free of weeds.

Certain weeds may not be susceptible to selective chemical or manual control. The Contractor shall provide a remedy should this situation arise.

Post-Emergent Control will be included in Fertilization line item on the bid schedule M. Debris Removal
Litter and trash including leaves, dog waste, rubbish, paper, bottles, cans, rocks, gravel, and other debris shall be removed from all areas on a weekly basis.

All refuse resulting from the maintenance operation of properties shall be disposed of at locations designated by the City designee.

Hardscape (i.e. sidewalks, patios, driveways) shall be swept or vacuumed free of debris weekly.

Clearing of Walks. At the conclusion of each visit, walks adjacent to work areas will be swept clean. No blowers allowed in the City of Del Mar.

Leaf Blowers: Leaf Blowers are NOT allowed to be used within the City of Del Mar.

Consider using a yard vacuum to pick up materials.

N. Turf “Artificial Grass” Management
Artificial Grass Area. For all turf areas, Contractor will inspect and police the grounds for litter, dog waste, and debris prior to each sweeping and dispose of it.

Turf will be maintained per manufacturers’ recommendations and swept once a week, and as often as required to maintain a neat and manicured appearance, weather permitting. Vacuuming is prohibited.

Clearing of Walks. At the conclusion of each visit, walks adjacent to work areas will be swept clean. No blowers are allowed in the City of Del Mar. 18 January 9, 2023 Item 09
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O. Decomposed Granite (DG)
All areas dressed in decomposed granite shall be raked and cleaned as needed, but not less than once every four (4) weeks. Re-compaction will be on an as needed basis, and at 90% compaction.

P. Edging
Turf edges adjacent to walks, curbs, paving mow strips, walls, fences, poles, buildings, shrub areas and other physical obstructions shall be trimmed weekly.

Q. Mulch
Mulch and bark areas to flush out with all tree boxes, planter, tree wells, planter wells, and adjacent sidewalks/pathways.

City will provide mulch. Transportation of mulch needs to be included as a part of this contract. Mulch is stored at Public Works Headquarters.

Mulch levels to be raked, turned, or replenished as needed, but not less that once every four (4) weeks.

R. Irrigation
The irrigation shall be operated at an appropriate seasonal schedule, using the least amount of water necessary to maintain the growth, health, and vigor of all landscape plant materials.

Clean and adjust sprinkler system to provide the best coverage possible from existing system. Turn on each zone, monitor for leaks or malfunctioning parts, and adjust for proper spray arch and maximum efficiency.

Irrigation controllers shall be re-programmed at a minimum of once monthly in order to match plant material water needs to the irrigation applied.

The Contractor shall maintain a log of current sprinkler station times. A copy of the log shall be given to the Landscape Specialist after routine inspection. The log shall include, but is not limited to:
- Controller location
- Scheduled days to run
- Start times
- Station location
- Each station’s run time
- End time
- Contractor’s employee initial and date
The Contractor is required to employ the necessary qualified irrigation technician(s) to maintain and repair all irrigation systems on the property. The Contractor shall maintain a reasonable inventory of commonly required repair parts on the service vehicle in order to facilitate prompt irrigation system repairs. Every effort will be made to ensure that the parts and accessories match was to what was installed initially via Submittal.
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Irrigation repairs shall be made with the same brand, make, and model of component where the use of a different part will adversely affect the system efficiency (i.e. sprinkler heads and emitters).

The contractor is required to employ the necessary qualified irrigation technician(s) to maintain and repair all irrigation systems on the property. The contractor shall maintain a reasonable inventory of commonly required repair parts on the service vehicle in order to facilitate prompt irrigation system repairs. Every effort will be made to ensure that the parts and accessories match was to what was installed initially via Submittal. (To be made part of contractors pricing within the bid schedule).

When a sufficient amount of rainfall has occurred, the Contractor will turn off the irrigation system until it is necessary to water again. A properly adjusted automatic rain shut off device may be used for this purpose.

Irrigation and sprinkling will be performed by Contractor, as well as all maintenance of irrigation systems.

Repairs to sprinkler equipment damaged by the Contractor shall be the responsibility of the Contractor, at no cost to the owner. If repair work is not accomplished in a timely manner, Landscape Specialist shall have work completed and deduct loss from monthly payment.

Perform sprinkler check/inspection after each visit.

Report and flag all water leaks and/or system malfunctions to the City designee.

S. Replanting and Extra Work
Plant material which dies through the fault or neglect of the contractor, or due to preventable circumstances, shall be replaced with a specimen of the same species and of equal or similar size as the plant lost, at no cost to the owner.

This work must be coordinated with the City’s Landscape Specialist.

II. GENERAL PROVISIONS
A. General Requirements
Contractor shall provide and/or purchase all equipment, labor and materials required to perform the following services in a satisfactory manner:

1. Contractor shall perform a baseline maintenance and service of the facilities listed.

This baseline will establish the model for all landscaping during the term of this contract.

2. Contractor shall provide landscaping services for the City of Del Mar facilities listed in this document.

3. Contractor shall provide and/or purchase all services, products, equipment, vehicles, and employees as defined in this document.
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4. Contractor shall adhere to all scheduling as defined in this document unless a schedule change has been approved by the City in writing.

5. Contractor shall provide additional landscaping services, as-needed, and as defined by change order(s) or proposal(s) for events and/or special considerations for the City of Del Mar.

6. Contractor shall maintain a current City of Del Mar business license, and his/her subcontractors shall do so as well.

7. Contractor shall maintain compliance with the City of Del Mar Municipal Code, regarding storm water runoff system discharge regulations and requirements, and San Diego Regional Water Quality Control Board (SDRWQCB) National Pollutant Discharge Elimination System (NPDES) Order No. 2013-0001. Compliance includes the implementation of practical methods, known as Best Management Practices (BMPs), which shall be used to protect the environment and to comply with regulatory requirements. Power washing and other wash water runoff shall be recovered and disposed of properly. Violations of any of these requirements may lead to a civil penalty of up to $5,000 per day, per violation.

8. Contractor shall present a professional image and maintain a high standard of quality and technical competence. Total responsibility for this is placed upon the Contractor.

If conflict occurs between “Best Management Practice” and the specification, “Best Management Practice” shall prevail and the City shall be notified of any necessary changes to the specified operations/materials.

B. Best Management Practices
This work must be in compliance with all current and future water quality requirements as set out in Del Mar’s Municipal Code ‘Storm Water and Urban Run-Off Management and Discharge Control’ and State and Federal requirements. Do not allow contaminated water or landscaping solution(s) to enter the storm water system.

C. Company Employees and Vehicles

1. Contractor will provide uniformed staff supervised by fully trained Supervisors and Area Manager. Radio and cellular phone communication will be available. The lead person on site must be proficient in the English language and can make decisions at the location regarding safety and or general concerns

2. Contractor will supply a pool of employees sufficient to meet the agency’s needs.

3. Contractor will provide or pay for their employees to wear clean, neat appearing uniforms that will be worn while working on City premises. Uniforms will consist of a polo shirt or other collared shirt with name tag and Contractor’s identification and fulllength work pants.

4. Vehicles used will have the Contractor’s name or logo permanently affixed to the front doors of both passenger and driver’s side.

5. Contractor’s vehicles will be clean, orderly and in good working order. 21 January 9, 2023 Item 09
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6. Contractor and its employees will be courteous and show respect to the public, City employees and other Contractor employees at all times. Use a friendly voice tone and offer assistance when necessary.

7. Contractor must perform appropriate background and reference checks on their employees.

8. Contractor is responsible for their employees’ actions on these sites.

9. Contractor will ensure that his employees do not have other “unapproved” personnel including children in the facilities or in the Contractor’s vehicles outside the facility.

10. Contractor will ensure that its employees do not store personal property of any kind in or on City facilities.

11. Contractor will not issue, loan or otherwise allow the procurement of keys, access information, or codes to anyone, including employees, without first receiving authorization from the City and without first successfully completing the background check and Live Scan and submitting said documentation to the City.

12. Contracted employees will refrain from making or receiving personal calls during working hours. Non-emergency calls should be made during breaks or lunch. At no time, other than emergency should the telephone be used by this Contractor.

D. City Holiday Schedule
The City of Del Mar public offices will be closed in observation of the following holidays:
· Martin Luther King’s Birthday
· President’s Day
· Memorial Day
· Independence Day
· Labor Day
· Veterans’ Day
· Thanksgiving
· Day after Thanksgiving
· Christmas Eve
· Christmas Day
· New Year’s Eve
· New Year’s Day
The Contractor shall not perform work on holidays listed above. If scheduled maintenance falls on a holiday, it shall move to the next business day.

E. Tasks

1. The Contractor will purchase, supply and replenish all products including, but not limited to: plants, piping, sprinklers, drains, filters and anything related to the designed system should this become necessary.

2. The Contractor will supply all equipment in good working order including, but not limited to: landscaping vehicles, landscaping supplies, vacuum cleaners, fertilizers and weed abatement chemicals and all other landscaping appurtenances.

3. Contractor will separate all recyclable material from other refuse and deposit in appropriate receptacle.
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4. Contractor will leave facility visually clean having vacuumed, swept or otherwise cleaned in each area per this document to the standards defined within this document, industry standards and City‘s expectation.

F. Landscaping Log

1. The City shall have the City-provided landscaping log. This log will be filled out by the Contractor’s supervisor on all locations within the bid schedule monthly.

2. The landscaping log must have an area for notes and comments. All alarm soundings, graffiti, pest control needs, security issues, leaks or non-working plumbing devices, damage to property, and areas left not serviced will be noted in this comments area.

3. All notations in the area for notes and comments will be relayed within 24 hours to the City by e-mail.

4. Landscaping log to be included in Supervisory Inspection line item of bid schedule.

G. Department of Industrial Relations and Prevailing Wage All bidders are required to register with the California Department of Industrial Relations (DIR) in accordance with Labor Code sections 1771.1 and 1725.5 and are subject to compliance monitoring and enforcement by DIR in accordance with Labor Code section 1771.4. Prevailing wage rate for the locality in which the services is to be performed and the construction activity applies to this contract. Not less than these rates shall be paid to all workers employed on the project.

III. SERVICE ADJUSTMENTS
The City reserves the right to increase or decrease the services as needed. Services and fees for new facilities shall be added at the average rate per square foot for a comparable facility at the time of the addition. Such changes will be according to the terms and conditions of said bid specification and will be done through a duly authorized change notice to the master agreement for regular service and by City-approved proposal for event or special landscaping.

IV. SITE INSPECTION AND REPORTING
Report immediately by telephone (during regular working hours (858) 755-3294, after hours issues call Del Mar Public Works dispatch at (858) 756-1126 issues that may require immediate action (for emergencies call 911):
· Incidents of injury, damage or potential hazards to the public, end users or employees.
· Running water or leaks
· Sewer backups
Report immediately by e-mail issues such as, but not limited to:
· Public nuisances
· Work performance delays
· Repairs needed
· Dripping water
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· Non-emergency electrical issues such as, but not limited to, outlets without power or entire buildings without power.
· Lost and found articles
· Deliver any lost and found article(s) to Del Mar Public Works, 2240 Jimmy Durante Boulevard, Del Mar CA 92014.

V. PAYMENTS
Invoices will be submitted to: City of Del Mar, Public Works 2240 Jimmy Durante Boulevard Del Mar, California 92014 Attn: Landscape Specialist. Contractor will submit a monthly payment invoice listing the areas serviced and each individual invoice amount.

If the City determines that there are deficiencies in the performance of the contract, the Contractor will be notified both verbally and in writing each time service requirements are found to be unsatisfactory and corrective action is necessary. Should the Contractor fail to correct any deficiencies within 2 hours, the City may exercise the following measures:
· Deduct from the Contractor’s payment the amount necessary to correct the deficiency.
· Withhold the entire or partial payment.
· Utilize City forces or alternate source to correct the deficiency and deduct from the Contractor’s payment the total cost, including City overhead.

VI. PRODUCTS
No items other than those listed above will be stored in the City facility.

All products must meet or exceed the City’s specifications.

The City will not pay any additional costs for Contractor requested substitutions when the City listed approved products are still available. The City reserves the right to approve or disapprove any product.

Contractor will provide the City with MSDS information on all product submittals.

Contractor is responsible for providing MSDS information to their employees.

VII.EQUIPMENT
Contractor will supply and maintain all tools and equipment in good and proper working condition, vacuum cleaners, landscaping vehicles, landscaping supplies and chemicals, and secure an adequate inventory of all landscaping supplies and products.

All equipment provided by the Contractor will be of commercial grade.

The use of portable leaf blowers is prohibited within the City of Del Mar. NO EXCEPTIONS shall be granted. For every incident where the Contractor or Subcontractors are observed using leaf blowers, the CONTRACTOR shall pay the AGENCY, or have monies due withheld, the sum of five hundred ($500) dollars.

VIII. MATERIAL SUBMITTALS
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All materials and consumable products are subject to prior approval by the City.

Contractor will provide submittals for the following items to the City for approval. All materials and consumable products used at the facilities will be subject to prior approval through this submittal application process. No materials will be accepted for use on this project without prior approval, in writing. All Submittals will have the appropriate MSDS attached for City review.

Any Contractor-requested replacements for the items listed in “PRE-APPROVED PRODUCTS” are subject to this approval process.

IX. CITY CONTACTS
Location Contact Telephone and e-mail
City of Del Mar, Public Works
2240 Jimmy Durante Blvd.

California 92014
Primary - John Barnett,
Landscape Specialist
(858) 755-3294
[email protected]
City of Del Mar, Public Works
2240 Jimmy Durante Blvd.

California 92014
Secondary – Tom Romaine,
Public Works Operations Manager
(858) 704-3684
[email protected]
X. STANDARDS OF PERFORMANCE / DEFINITIONS
Contractor is responsible for training, supervising, equipping, checking work quality, ensuring adherence to schedule, and all other management issues involved with his employees. Quality control is the responsibility of the Contractor.

Performance standards are an outline of general expectations of landscaping but are not meant to replace or supersede the latest industry standards or materials and equipment manufacturers’ recommendations.

Each of the Contractor’s Employee’s shall be equipped with the necessary equipment to carry out the proper performance of the landscaping as specified. This equipment shall be available and in possession of the Contractor’s Employee’s at all times while carrying out their duties.

Applicable performance definitions:

A. Service Level (Acceptable Quality): The level of services as outlined in this Contract shall consistently be maintained. During the Contract period, the Contract Administrator will conduct monthly inspections of the facilities under this Contract. The inspections are based on standards for commercial facilities within the maintenance industry.

B. Policing: Policing is picking up leaves, branches, paper, trash, empty bottles, containers, and other discarded materials that are not part of the habitat and planted areas. Remove all trash and debris in planter(s), plaza, parking lots, garage, from 11th Street to 10th Street curb to curb, and from Camino Del Mar to sound wall at the West.

C. Standard: Area(s) being policed shall be free of debris. Area(s) shall present an overall clean and maintained appearance.
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D. Vacuuming: Vacuuming requires the mechanical removal of loose leaves, dirt, soil, debris, and other foreign material from surfaces and planters which will require this method of cleaning as no blowers are allowed in the City of Del Mar.

E. Supply/Provide: Provide necessary fertilizers and plant food as necessary to maintain the integrity of what was originally placed. All supplies necessary for the implementation of said work. This will include brooms, shovels, hoes, tree trimmers, ladders, safety vests, shoes, cell phone, safety barricades, fertilizers, tie offs to trees, without marring, discolorations of finishes.

F. Haul Off: Any and all discards from the Landscaping activities will be borne by this Contractor, including dump fees. At no time should the City’s trash receptacles be utilized for disposing of this Contractor’s debris.

G. Wash: Remove all dirt, stains, and marks with an approved cleaner; rinse and dry.

H. Rubber tires: No vehicle will be able to contact the concrete/flagstone surfaces without protection of tire markings.
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S ANDBARRLN
A-5 The southeast triangle island at the intersection of Jimmy Durante Blvd. and Via De La Valle approximately 8,900 square feet containing trees, shrubs, flowers, ground cover; sidewalk, access ramps and gutters.

A-1 All currently developed planting in the center medians on Camino del Mar between Via De la Valle and Carmel Valley Road, encompassing about 2.5 miles of median strip of varying width containing trees, shrubs, flowers, ground cover, paved or solid stone surfaces and gutters.

TURF RD
E-15 Bulb out on Camino Del Mar at 29th ST (east side), approx. 162 SF.

A-7 Camino del Mar parkway (road edge) between 25th and 27th Street, east and west side approximately 2,300 square feet containing trees, shrubs, flowers, ground cover; sidewalk, access ramps and gutters.

F-5 Street-end located at 25th Street between Ocean Front and the east side of the lifeguard tower including parking areas containing approximately 2,800 SF.

A-2 Plantings in triangle at Coast Blvd. and Camino del Mar and three nearby rectangular planters beginning south of 24th ST to 22nd ST between the W. curb of Camino del Mar/Coast Blvd. and the sidewalk encompassing approximately 10,600 SF of planted area containing trees, shrubs, flowers, ground cover; sidewalk, access ramps and gutters.

G. Riverpath Del Mar to include DG path, plants and benches. Area west from Jimmy Durante Blvd., and from Public Works drive to south and San Dieguito River on north, west to parking lot at Public Works building, then to include the area between river and parking lot and area from fence to river west to railroad fence containing approx. 1.4 acres.

C-4 Public Works building located at 2240 Jimmy Durante Boulevard to include the front at south landscape shrubs, plantings, and DG pathways adjacent to building approximately 500 square feet.

F-4 Planted street-end at the W. end of 22nd ST between Ocean Front and the beach seawall containing approximately 3,500 SF.

A-4 Planted median on Jimmy Durante Blvd. between
San Dieguito Dr. and Camino del Mar + Parkway medians
on W. side, containing trees, shrubs, flowers, ground cover, paved or solid stone surfaces and gutters, approx. 12,500 SF.

E-14 Parkway near Camino Del Mar
at Court ST, approx. 3,635 SF.

F-3 Planted street-end at the W. end of 21st ST between Ocean Front and the beach seawall containing approximately 3,500 SF.

C-5 21st ST Pump Station at 201 21st ST to include landscape beds of trees, shrubs and plantings adjacent to building, approx. XXX SF A-3 The triangular median strip approximately 9,000 SF between Jimmy Durante Boulevard and Camino del Mar bounded on the North by the eastern bridge abutment for the railroad overpass and median ice-plant and other vegetation north of Camino del Mar RR overpass containing trees, shrubs and ground cover.

F-1 Planted street-end at W. end of 19th ST between Ocean Front and the Seawall approx. 5,500 SF.

E-13 Two (2) medians on Coast Boulevard, totaling approximately 614 SF.

C-6 Beach Safety Center 17th ST to include landscape beds of trees, shrubs and plantings adjacent to building approximately XXX SF.

B-2 The public park known as "Powerhouse Park", located at 1630-1/2 Coast Boulevard, encompassing 3.18 acres of trees, ground cover, turf, shrubs, benches, tables, Tot-Lot play area (maintenance included), paved areas, gutters and sidewalks.

This area includes the extensive landscaping areas surrounding the Powerhouse building.

The area is bounded on the west by the top of the bluff, the south by a chain-link fence, the east by the west curb of Coast Blvd. and the north by the pathway that runs along the south side of the Powerhouse Building.

E-12 2 medians on Coast Boulevard at railroad tracks, approx. 1,070 SF B-3 Stuart Green (Caminito) Park, approximately 20,100 square feet mini-park in the alley right of-way west of Camino del Mar and south of 15th Street, including brick walkway, benches, and planters of shrubs, bushes, and trees.

E-3 Medians on 12th ST near Stratford CT
containing approximately 220 SF.

A-8 Two medians by Chamber of Commerce on 11th ST.

C-1 Approx. 30,000 SF of trees, shrubs, flowers, groundcover, native vegetation, DG walkways, paved areas, access ramps, sidewalks, gutters around the City Hall building, City Hall Annex, T.V. Studio and parking, and bounded on the north by 11th ST, the east by Camino del Mar, the south by 10th ST, and the west by the fence separating the City Hall Annex and the T.V. Studio from adjacent private property.

B-6 The public park known as "Shores Park",
F-2 20th ST between Ocean Front and lifeguard station,
bounded on the S. by a private wooden fence and the N.
by the walkway to a private residence. Include the sidewalk access to the beach, approx. 2,000 SF
E-10 Two small side medians, area approx. 2,000 SF on
SE and NE corner of 15th Street at Coast Blvd./Ocean Ave.

E-9 The median strips on 15th Street E of Camino del Mar, up to Luneta Drive containing approx. 2,600 SF.

E-8 Planter circle at east end of 15th Street (top of hill), a 10’ diameter planter of ground cover, and other small plantings containing approximately 80 SF.

E-7 South road edge on 15th ST
just west of Carolina containing approximately 600 SF.

E-6 Median on Via Alta between Van Dyke
and Umatilla containing approx. 100 SF.

C-3 Post Office building (Parkway/sidewalk to street only) sidewalk and tree planter areas from north sidewalk edge to gutters and to the outside limits of the east and west drive ways to include trees, driveways, stone paved areas, access ramps, sidewalks and gutters, approx. 3,800 SF.

Del Mar Garden Club maintains area from sidewalk to bldg.

E-5 SW corner Via Alta at Crest
containing approx. 960 SF
C-2 CoDM Public Library at 1309 Camino del Mar,
bordered on east side by Camino del Mar, North side
by 13th Street, Westside by Maiden Lane, Southside
by commercial parking lot of 1327 Camino del Mar.

Approx. 2,865 SF of trees, shrubs, flowers, ground
cover, native vegetation, paved areas, access ramps,
sidewalks, and gutters.

E-16 Four (4) Chicanes on Crest Rd, approx. 162 SF.

E-4 East road edge Crest Rd at Hoska Rd.,
containing approximately 1,005 SF.

D-1 Alley between Crest Road and Hoska Lane,
aka "Gunther’s Walkway” containing approx. 3,700 SF
located on Stratford Ct. at 9th Street, encompassing
an area with trees, ground cover, turf, shrubs,
benches, tables, paved areas, gutters and sidewalks.

E-2 SE and SW corners, intersection of 9th ST
and Stratford Court, containing approx. 1,229 SF.

E-1 Median 4th Street just west of Camino Del Mar
containing approx. 240 SF, plus vines and trees on W/
S of Camino del Mar, N/B to 460 Camino del Mar.

D-2 Carmel Valley Walkway located between Ocean View Ave., and Torrey Point Road to include sidewalk and adjacent ground cover, stairway to include sweeping and DG pathway, Approx. 3,700 SF.

B-1 The public park known as "Seagrove Park" located at west end of 15th ST and east of the Atchison, Topeka and Santa Fe Railway encompassing 1.52 acres of trees,
ground cover, turf, shrubs, benches, paved areas, gutters, DG walkways and sidewalks. Southern boundary
includes the area bordering the Wavecrest timeshares.

B-5 Triangular-shaped Park known as Sea
Cliff Park consisting of about 12,500 SF, of
trees, shrubs, plantings and DG walkways.

Area W. of tracks, S. of Powerhouse Park
south fence, and to the bluffs.

E-11 2 planters and tree planter SE corner
of 15th ST and Stratford CT, approx. 420 SF.

A-6 Landscaping on East and West sides of Camino del Mar located N and S of 12th and 14th Street pedestrian crossings encompassing 424 and 390 square feet, resp. containing trees, shrubs, flowers, ground cover; sidewalk, access ramps and gutters.

B-4 The mini park within13th ST
R-o-W at Maiden Lane, approx. 1,200 SF
of trees, shrubs, and brick walkway.
41 January 9, 2023 Item 09
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: January 9, 2023
SUBJECT: Second Reading and Adoption of an Ordinance Amending the Del Mar Local Coastal Program (LCPA22-002) and Rezoning (R22-001) Eight City-Owned Properties
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council adopt the Ordinance (Attachment A) to amend the Del Mar Local Coastal Program (LCPA22-002) and rezone (Rezone R22-001) eight City-owned properties.

DISCUSSION:

On December 12, 2022, the City Council introduced an Ordinance to amend the Del Mar Local Coastal Program (LCP) land use plan designations and implementing zoning, and approve the rezoning of eight City-owned parcels to establish consistency with the existing land use designations in the Community Plan, as previously amended by the City Council in 1996 and 1997. Those eight parcels are described below:
- Four City water tower sites (APNs: 300-272-07, 299-260-45, 300-243-10, 301-025-42) amended from Low Density Residential land use designation and R1-10 zoning to Public Facilities. All four water reservoirs on these sites are active and currently supplying water to the City’s distribution system, and it is has been determined that they will continue to be needed as part of the City’s water distribution system for the foreseeable future.
- Library site (Two parcels, APNs: 300-020-06 and 300-020-07) amended from Central Commercial land use designation and zoning to Public Facilities. The Del Mar library is currently active as part of the San Diego County library system. - Unimproved 28th Street Lot (APN: 299-030-12) amended from Medium Density Multiple Residential land use designation and RM-East zoning to Public Facilities. This parcel is listed in the 6th Cycle Housing Element sites inventory as a potential site for 1 January 9, 2023 Item 10
City Council Agenda Report
Second Reading of Ordinance for R22-001; LCPA22-002
Public Facilities/Public Parkland Actions
January 9, 2023

Page 2 of 3 ends

future affordable housing of up to three units for lower income households. This change in zoning designation will not impeded the City’s ability to develop the property with low-income housing as planned.
- Pine Bluff Preserve (Public Park, APN: 300-263-26) amended from Low Density Residential land use designation and R1-10 zoning to Public Parkland. This site was acquired by the City in 1995 using a combination of private donations and public funds from the open space acquisition reserve. The site is deed restricted for open space uses as reflected in the Community Plan Recreation Element. This change in zoning is consistent with the required deed restriction and current use of the property.

Land use designations and zoning standards are separate planning-related delineators that identify the use classification type and development potential for specific properties. In accordance with State law, zoning regulations and land use designations must be consistent with one another. California Government Code Section 65860 requires the planned land use designations adopted in the City of Del Mar Community Plan (General Plan) be consistent with the City’s adopted zoning, and zoning regulations must implement the Community Plan land use.

For these eight subject parcels, the Community Plan land use designations were previously amended in 1996 and 1997 by the City Council via General Plan Amendments (GPA) GPA96-01 and GPA-97-02. On December 12, 2022, the City Council approved adoption of GPA22-001 to incorporate an updated land use designation map into the Community Plan that reflects the current land use designations.

There were also corresponding rezone actions approved by the City Council in 1996 and 1997 for these eight parcels; however, the rezone actions were not processed correctly through the associated State approval process required by the California Coastal Act. An amendment to the certified LCP land use plan and implementing zoning should have been processed at the time via the California Coastal Commission for the respective locally adopted ordinances to become effective.

The City’s certified LCP includes the LCP Land Use Plan (initially certified by the Coastal Commission in 1993 with subsequent amendments thereafter) and the LCP Implementation Plan (initially certified by the Coastal Commission in 2001 with subsequent amendments thereto), which includes a Land Use Map and Zoning Map. At this time, the maps on record with the Coastal Commission for the certified LCP are inconsistent with the prior 1996 and 1997 Council actions for the subject City-owned parcels. Since it has now been more than five years since the prior public hearings were held, a new rezone action must be processed with the required LCPA, in order to update the existing land use and zoning designations consistent with prior Council actions.

The proposed LCPA and rezone actions will be consistent with the existing land use designations in the Community Plan and the zoning designations on the Official Zoning Map, 2 January 9, 2023 Item 10
City Council Agenda Report
Second Reading of Ordinance for R22-001; LCPA22-002
Public Facilities/Public Parkland Actions
January 9, 2023

Page 3 of 3 ends

as amended. As a result, the LCP Land Use Plan and LCP zoning will also be consistent with the Community Plan and Official Zoning Map, as amended.

NEXT STEPS:

City staff will submit the required LCPA to the Coastal Commission. City Council action on R22-001 and LCPA22-002 will not take effect until the Coastal Commission unconditionally certifies the ordinance.

HOUSING IMPACT STATEMENT:

The proposed actions are consistent with the City’s adopted Housing Element. The City Council initially adopted the 6th Cycle Housing Element in March 2021 and re-adopted it in December 2021 as required to incorporate revisions requested by the Department of Housing and Community Development. While State certification of the Housing Element is pending, implementation of the required housing action programs is underway. Housing Element Program 1H commits the City to processing of zoning-related actions applicable to the Public Facilities zone, including processing of the proposed clean-up rezone/LCPA specific to the vacant parcel on 28th Street, which is a small City-owned parcel that is listed in the 6th Cycle Housing Element sites inventory as a potential site for future housing of up to three lower income households. The proposed actions do not limit the City’s flexibility on future action at this 28th Street site. Subsequent processing of additional amendments to complete Housing Element Program 1H (i.e., amending Del Mar Municipal Code to specify that affordable housing is an allowed use in the Public Facilities zone) will occur via a separate process.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

The proposed action does not constitute a “project” as defined in California Environmental Quality Act (CEQA) Guidelines Section 15378 because this action will not have a potential to result in a direct or indirect physical change in the environment or create any significant environmental impact and is, therefore, not subject to CEQA.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

The proposed Rezone and LCPA are consistent with the City’s adopted Housing Element, which is a Tier 1 priority for the City Council.

ATTACHMENTS
Attachment A – Ordinance No. XXX
Attachment B – Existing LCP Land Use Plan Map
Attachment C – Proposed LCP Land Use Plan Map
Attachment D – Existing LCP Zoning Map
Attachment E – Proposed LCP Zoning Map
Attachment F – Existing Official Zoning Map
Attachment G – Proposed Official Zoning Map
3 January 9, 2023 Item 10

ATTACHMENT A
ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, AMENDING THE LOCAL COASTAL

PROGRAM (LCP) LAND USE DESIGNATION AND ZONE
DESIGNATION FOR PARCELS OCCUPIED BY FOUR CITYOWNED WATER TOWERS (APN: 300-272-07, 299-260-45, 300- 243-10, 301-025-42) FROM LOW DENSITY RESIDENTIAL AND
R1-10 TO PUBLIC FACILITIES (PF); AMENDING THE LCP LAND
USE DESIGNATION AND ZONE DESIGNATION FOR TWO CITYOWNED PARCELS OCCUPIED BY THE DEL MAR LIBRARY (APN: 300-020-06,-07) FROM CENTRAL COMMERCIAL (CC) TO
PUBLIC FACILITIES (PF); AMENDING THE LCP LAND USE
DESIGNATION AND ZONE DESIGNATION FOR ONE CITYOWNED VACANT LOT ON 28TH STREET (APN: 299-030-12) FROM MEDIUM DENSITY MULTIPLE RESIDENTIAL AND RMEAST TO PUBLIC FACILITIES (PF); AND AMENDING THE LCP

LAND USE DESIGNATION AND ZONE DESIGNATION FOR ONE

PARCEL OCCUPIED BY THE PINE BLUFF PRESERVE
(APN:300-263-26) FROM LOW DENSITY RESIDENTIAL R1-10
TO PUBLIC PARKLAND (PP); AND APPROVING THE REZONE
R22-001 AND LOCAL COASTAL PROGRAM AMENDMENT
LCPA22-002 TO AMEND THE LAND USE DESIGNATION AND

ZONE DESIGNATION FOR SAID PROPERTIES AND UPDATE

THE LCP LAND USE PLAN AND ZONING MAP RECORDS TO BE

CONSISTENT WITH THE CITY OF DEL MAR COMMUNITY PLAN
(GENERAL PLAN)
WHEREAS, the City Council by prior action adopted General Plan Amendment GPA-96-01, (Resolution 96-59), which amended the Community Plan land use designation for the Pine Bluff Preserve (APN:300-263-26) from Low Density Residential to Public Parkland, and approved rezone action R-96-02 on October 21, 1996 [via Ordinance 675] to rezone the Pine Bluff Preserve (APN: 300-263-26) from R1-10 to Public Parkland; and
WHEREAS, the City Council by prior action adopted General Plan Amendment GPA-97-02, (Resolution 97-42), which amended the Community Plan land use designation for the four City Water Towers (APN: 300-272-07, 299-260-45, 300-243-10, and 301-025-42) from Low Density Residential to Public Facilities, amending the land use designation for the two parcels occupied by the Del Mar Library (APN: 300-020-06 and 300-020-07) from Central Commercial to Public Facilities, and amending the Community Plan land use designation for an unimproved City-owned lot located on 28th Street (APN:
299-030-12) from Medium Density Multiple Residential to Public Facilities; and WHEREAS, the City Council approved rezone actions R-97-01, -02, -03, -04, -07, and -08 on October 6, 1997 [via Ordinance 689] to rezone land containing four city-owned water towers from R1-10 Zone to Public Facilities (PF) Zone; to rezone the two parcels 4 January 9, 2023 Item 10
Ordinance No. XXX

Page 2 of 4 ends

occupied by the Del Mar library from Central Commercial (CC) Zone to Public Facilities (PF) Zone; and to rezone a vacant lot on 28th Street from RM-East Zone to Public Facilities (PF) Zone, respectively; and
WHEREAS, prior rezone actions, which were adopted by the City Council in 1996 and 1997, were not legally effective because the Local Coastal Program Amendments were not processed or certified by the California Coastal Commission for the respective land use designation and zoning changes; and
WHEREAS, the proposed rezone action is necessary to reflect underlying zoning, making such changes consistent with the General Plan land use designations and in accordance with State law; and
WHEREAS, the proposed Rezone R22-001 and LCPA22-002 actions would amend the LCP land use designation and zone for the Pine Bluff preserve to Public Parkland, and amend the LCP land use designation and zone for the four city-owned lands containing water towers, two parcels occupied by the Del Mar library, and an unimproved city-owned site on 28th Street all to Public Facilities, and incorporate updated maps to the City’s certified Local Coastal Program to reflect the respective land use designation and zoning changes; and
WHEREAS,on October 11, 2022, the Planning Commission, during a duly noticed public hearing, voted unanimously to recommend approval of R22-001 and LCPA22-002.

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

SECTION ONE: That the LCP Land Use Designation for Assessor’s Parcel Number (‘APN’) 300-272-07 (Crest Water Tower), APN 299-260-45 (Zuni Water Tower), APN 300- 243-10 (11th Street Water Tower), APN 301-025-42 (Pine Needles Water Tower) shall be amended from Low Density Residential to Public Facilities; APN 300-020-06 and 300- 020-07 (Library parcels) shall be amended from Central Commercial to Public Facilities; APN 299-030-12 (Unimproved lot on 28th Street) shall be amended from Medium Density Multiple Residential to Public Facilities; and APN 300-263-26 (Pine Bluff Preserve) shall be amended from Low Density Residential to Public Parkland.

SECTION TWO: That Assessor’s Parcel Number (APN) 300-272-07 (Crest Water Tower), APN 299-260-45 (Zuni Water Tower), APN 300-243-10 (11th Street Water Tower), APN 301-025-42 (Pine Needles Water Tower), APN’s 300-020-06 and 300-020- 07 (Library Sites), and APN 299-030-12 (Unimproved Site on 28th Street) shall all be rezoned to Public Facilities and APN 300-263-26 (Pine Bluff Preserve) shall be rezoned to Public Parkland.

SECTION THREE: That the City Council finds that approval of this Ordinance does not constitute a “project” as defined by the California Environmental Quality Act (CEQA) Guidelines Section 15378 because this action will not have a potential to result in a direct 5 January 9, 2023 Item 10
Ordinance No. XXX

Page 3 of 4 ends

or indirect physical change in the environment or create any significant environmental impacts and is, therefore, not subject to CEQA.

SECTION FOUR: This Ordinance was introduced by the City Council on December 12, 2022.

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 (LCPA22-002).

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.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 9th day of January 2023.
________________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
6 January 9, 2023 Item 10
Ordinance No. XXX

Page 4 of 4 ends

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 Ordinance No. ____, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 9th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
7 January 9, 2023 Item 10
FR
FW
R1-40 FW
R1-40
PP
RMS
PP
FW
R1-40
NC
FW
FR
R1-10
FW
R1-40
R1-10
CVPP
R1-10
PF
R1-40
VC
PP
R1-10
R1-10
R1-10
RMS
PP
R1-10B
R1-10
PP
R1-10
R1-10
R2
R2
R2
R1-10
R1-10
RME
PP
R1-10
R1-10
R1-10
R1-10
R1-14
R1-10
R1-10
R2
R1-10
R2
R1-14
R2
NC
R1-10
R1-10
NC
HSP
R1-10
R1-10
R1-10
R1-10
R1-10
R2
R1-10
PSP
PP
R1-10
BC
R1-10
R1-10
R1-10
R1-10
R1-10
R1-10
R1-10
PP
R1-10
RME
RME
RME
PF
PF
RME
RME
PF
RME
PF
R2
RAIL
RAIL
R2
BC
R1-10
R1-10
R2
R2
R2
R1-10
R2 R2
R2
R2
R2
R2
HSP
PP
CC
RC
R1-10
R2
R2
R2
R1-10
R1-10
CC
CC
CC
R1-10
CC
RMC
CC
R1-10
RMC
R1-10
R1-10
R1-5B
R1-10
R2
R2
R1-10
PP
R2
R1-10
R2
R1-10
CC
R1-10
R1-10
RMC
CC
CC
RMW
RMC
R2
RME
BC
RMC
CC
R1-5B
CC
R1-10
PP
PP
RMW
RMW
R1-10
PC
R1-10
R1-10
RMW
R1-10
R1-10
PP
R1-5B
R1-10
R1-10
R1-10
R1-5B
R1-5B
R1-5B
R1-5B
R1-5B
RMC
R1-5B
RMC
RMW
R1-10
BC
R1-10
RMW
PP
RMW
RMW
R2
RMW
R1-5
R1-5
R1-5
R1-5
R1-5
R1-5
PF
PP
PP
R1-40
R1-10
R1-10
R1-10
R1-10
R1-10
R1-10
R1-5
R1-5
R1-10
RMC
PF
VC
RMC
R1-10
R1-10
R1-10
R1-14
PF
PSP
VC
PC
R1-10
RMC
R1-14
PP
PF
FR
941SP
26TH
CAMINO
ST

BORDER AVE

AVE BORDER
27TH
SANDY
29TH

LN OCEAN FRONT

BLVD DURANTE JIMMY

P MI L CI O DR
AVE

MAR DEL

VALLE LA
VIA DE

H GI HLAND EXT
AMIGO

HEIGHTS

LA AMATISTA
AVE

CONDESA

RAPHAEL
8TH
ST
NOB
7TH ST
CREST

CONDESA
LN
RD
ORIBIA

DURANGO

RECUERDO COVE
DR

ST TEWA

H LA KA MAT
DR

KL SI H
DR
AVE
A BR
WY
VID
NOZ LU

E NI T NE
ER P
S

NE TI EN RP SE
ZAPO
CUL
ST
ST

BELAIRE ST
DR
ZAPO
E
AVE
BALBOA
AVE
AVE
SEA
BALBOA
ZUNI

AVENIDA
LN
ZUNI
FOREST
WY

DIEGUITO
ST
SAN
GATUN
AVENID
F
A
OREST
DR

SERPENTINE
ST
DR
DR
ZUNI

PRIMAVERA
WY

DIEGUITO SAN

SERPENT NI E PRIMAVERA
DR
CREST
ST
15TH
DR

RACETRACK VIEW
DR

PALM DR

TURF RD
DR
10TH ST
CREST
WY
KLISH
DR
LUNETA

ORCHID LN
MAR

HIGHLAND AV
LUNETA

CAROLINA
VAN
15TH
ST
DYKE
AVE
VIA
RIMINI

UMATILLA
RD
ALTA
RD
11TH ST
AMPHIT
WY
RD
HEATRE
CREST

CUCHARA
RIMINI
9TH
ST
HOSKA
RD
CAMINO

STRATFORDPK CT
4TH ST
CT

STRATFORD
DEL
NOB

PINAR PL
DR
AVE

CORDERO

DE MAYO RD
MAR
DEL
EL

TROPEZ ST RUE

D'AZUR RUE

MONACO RUE

REMO SAN RUE
ST RUE

RUE DANTIBES
RD

WESLEY WY

PL ST RUEZ
CT
CT
NAKER
VIEW

SEAFOREST
CT

SPIN CT

DOLPHIN
SURF
COVE
TR
RD
POINT
TORREY
V EI W

TORREY PINES
RD
PINES
HIDDEN

LN PINES
HIDDEN
DR

NEEDLES
PINE
AVE
RD
VALLEY

CAR MEL
BARCO
CAM. DEL
ROCIO
DEL
CAM.

PKWY SCENIC DEL MAR

MAR IA V
MAR

TO NI MI CA
MAR
OCEAN
ST
DR
HOSKA
WY

CHRISTY LN
LN
21ST ST
22ND ST
23RD ST
24TH ST
25TH ST
COAST
20TH ST

SANTA FE

V EI LUZON LN
W
SEA
AV
GRAND
AV
18TH
BLVD

OCEAN FRONT
COURT
ST
D
TA
NE
LU

STRATFORD
17TH ST
ST
ST
ST
27TH ST
26TH ST
28TH ST
POINTE

STRATFORD

SEA ORBIT LN

LOIS LN
CT
11TH ST
12TH ST
13TH ST

PACIFIC LN

DEL CAMINO

OCEAN AV
15TH
ST

STRATFORD CT

DELMAR LN
14TH

MAIDEN LN

MELANIE
LN

AVE OCEAN
7TH ST
8TH ST

LITTLE ORPHAN ALLEY

SHIPPY LN

HEATHER
A
VIEW
AVE
10TH ST
9TH
6TH ST

SHERRY LN

PARRISH LN
ST
21ST
24TH ST

OCEAN FRONT
ST
23RD
ST

MAR DEL
22ND ST
25TH ST
19TH ST
SANDY

SAND BARR LN
Land Use Map
City of Del Mar
Residential Designations
R1-40 Very Low Density
R1-14 Modified Low Density
R1-10 Low Density
R1-10B Low Density Beach
R1-5 Medium Density SF
R1-5B Medium Denisty SF Beach
RME Medium Density Mixed East
RMW Medium Density Mixed West
RMC Medium Density Mixed Central
RMS Medium Density Mixed South
R2 High Density
CVPP Carmel Valley Precise Plan
Commercial Designations
RC Residential Commercial
CC Central Commercial
BC Beach Commercial
PC Professional Commercial
NC North Commercial
VC Visitor Commercial
Specific Plan Designations
941SP (941 CDM Specific Plan)
PSP (Plaza Specific Plan)
HSP (Hotel Specific Plan)
Miscellaneous Designations
FR Fairgrounds-Racetrack
RR Railroad ROW
FW Floodway
PP Public Parkland
PF Public Facilities
0 400 800 1,200
Feet
Prepared: April 24, 2019 O 21
8 January 9, 2023 Item 10
26TH
CAMINO
ST

BORDER AVE

AVE BORDER
27TH
SANDY
29TH

LN OCEAN FRONT

BLVD DURANTE JIMMY

P MI L CI O DR
AVE
CIRCLE

DOWNS MAR DEL

VALLE LA
VIA
CIRCLE
DE

H GI HLAND EXT
AMIGO

HEIGHTS

LA AMATISTA
AVE

CONDESA

RAPHAEL
8TH
ST
NOB
7TH ST
CREST

CONDESA
LN
RD
ORIBIA

DURANGO

RECUERDO COVE
DR

ST TEWA

H LA KA MAT
DR

KL SI H
DR
AVE
A BR
WY
VID
NOZ LU

E IN T NE
ER P
S

NE TI EN RP SE
ZAPO
CUL
ST
ST

BELAIRE ST
DR
ZAPO
E
AVE
BALBOA
AVE
AVE
SEA
BALBOA
ZUNI

AVENIDALN
ZUNI
FOREST
WY

DIEGUITO
ST
SAN
GATUN
AVENID
F
A
OREST
DR

SERPENTINE
ST
DR
DR
ZUNI

PRIMAVERA
WY

DIEGUITO SAN

SERPENT NI E PRIMAVERA
DR
CREST
ST
15TH
DR

RACETRACK VIEW
DR

PALM DR

TURF RD
DR
10TH ST
CREST
WY
KLISH
DR
LUNETA

ORCHID LN
MAR

HIGHLAND AV
LUNETA

CAROLINA
VAN
15TH
ST
DYKE
AVE
VIA
RIMINI

UMATILLA
RD
ALTA
RD
11TH ST
AMPHIT
WY
RD
HEATRE
CREST

CUCHARA
RIMINI
9TH
ST
HOSKA
RD
CAMINO

STRATFORDPK CT
4TH ST
CT

STRATFORD
DEL
NOB

PINAR PL
DR
AVE

CORDERO

DE MAYO RD
MAR
DEL
EL

TROPEZ ST RUE

D'AZUR RUE

MONACO RUE

REMO SAN RUE
ST RUE

RUE DANTIBES
RD

WESLEY WY

PL ST RUEZ
CT
CT
NAKER
VIEW

SEAFOREST
CT

SPIN CT

DOLPHIN
SURF
COVE
TR
RD
POINT
TORREY
V EI W

TORREY PINES
RD
PINES
HIDDEN

LN PINES
HIDDEN
DR

NEEDLES
PINE
AVE
RD
VALLEY

CAR MEL
BARCO
CAM. DEL
ROCIO
DEL
CAM.

PKWY

MAR IA V
MAR

TO NI MI CA
MAR
OCEAN
ST
DR
HOSKA
WY

CHRISTY LN
LN
21ST ST
22ND ST
23RD ST
24TH ST
25TH ST
COAST
20TH ST

SANTA FE

V EI LUZON LN
W
SEA
AV
GRAND
AV
18TH
BLVD

OCEAN FRONT
COURT
ST
D
TA
NE
LU

STRATFORD
17TH ST
ST
ST
ST
27TH ST
26TH ST
28TH ST
POINTE

STRATFORD

SEA ORBIT LN

LOIS LN
CT
11TH ST
12TH ST
13TH ST

PACIFIC LN

DEL CAMINO

OCEAN AV
15TH
ST

STRATFORD CT

DELMAR LN
14TH

MAIDEN LN

MELANIE
LN

AVE OCEAN
7TH ST
8TH ST

LITTLE ORPHAN ALLEY

SHIPPY LN

HEATHER
A
VIEW
AVE
10TH ST
9TH
6TH ST

SHERRY LN

PARRISH LN
ST
21ST
24TH ST

OCEAN FRONT
ST
23RD
ST

MAR DEL
22ND ST
25TH ST
19TH ST
SANDY

SAND BARR LN
City of Del Mar
Local Coastal Program
Land Use Map
Residential Designations
Very Low Density
Modified Low Density
Low Density
Low Density Beach
Medium Density SF
Medium Denisty SF Beach
Medium Density Mixed East
Medium Density Mixed West
Medium Density Mixed Central
Medium Density Mixed South
High Density
CarmelValley Precise Plan
Commercial Designations
Residential Commercial
Central Commercial
Beach Commercial
Professional Commercial
North Commercial
Visitor Commercial
Miscellaneous Designations
941 CDM Specific Plan
Plaza Specific Plan
Hotel Specific Plan
Railroad ROW
Fairgrounds-Racetrack
Floodway
Public Parkland
Public Facilities
0 400 800 1,200
Feet
Prepared: August 21, 2022 O
Multiple - South Multiple - East Multiple - West Multiple - Central 9 January 9, 2023 Item 10
145
10 January 9, 2023 Item 10
146
11 January 9, 2023 Item 10
FR
FW
R1-40 FW
R1-40
PP
RMS
PP
FW
R1-40
NC
FW
FR
R1-10
FW
R1-40
R1-10
CVPP
R1-10
PF
R1-40
VC
PP
R1-10
R1-10
R1-10
RMS
PP
R1-10B
R1-10
PP
R1-10
R1-10
R2
R2
R2
R1-10
R1-10
RME
PP
R1-10
R1-10
R1-10
R1-10
R1-14
R1-10
R1-10
R2
R1-10
R2
R1-14
R2
NC
R1-10
R1-10
NC
HSP
R1-10
R1-10
R1-10
R1-10
R1-10
R2
R1-10
PSP
PP
R1-10
BC
R1-10
R1-10
R1-10
R1-10
R1-10
R1-10
R1-10
PP
R1-10
RME
RME
RME
PF
PF
RME
RME
PF
RME
PF
R2
RAIL
RAIL
R2
BC
R1-10
R1-10
R2
R2
R2
R1-10
R2 R2
R2
R2
R2
R2
HSP
PP
CC
RC
R1-10
R2
R2
R2
R1-10
R1-10
CC
CC
CC
R1-10
CC
RMC
CC
R1-10
RMC
R1-10
R1-10
R1-5B
R1-10
R2
R2
R1-10
PP
R2
R1-10
R2
R1-10
CC
R1-10
R1-10
RMC
CC
CC
RMW
RMC
R2
RME
BC
RMC
CC
R1-5B
CC
R1-10
PP
PP
RMW
RMW
R1-10
PC
R1-10
R1-10
RMW
R1-10
R1-10
PP
R1-5B
R1-10
R1-10
R1-10
R1-5B
R1-5B
R1-5B
R1-5B
R1-5B
RMC
R1-5B
RMC
RMW
R1-10
BC
R1-10
RMW
PP
RMW
RMW
R2
RMW
R1-5
R1-5
R1-5
R1-5
R1-5
R1-5
PF
PP
PP
R1-40
R1-10
R1-10
R1-10
R1-10
R1-10
R1-10
R1-5
R1-5
R1-10
RMC
PF
VC
RMC
R1-10
R1-10
R1-10
R1-14
PF
PSP
VC
PC
R1-10
RMC
R1-14
PP
PF
FR
941SP
26TH
CAMINO
ST

BORDER AVE

AVE BORDER
27TH
SANDY
29TH

LN OCEAN FRONT

BLVD DURANTE JIMMY

P MI L CI O DR
AVE
CIRCLE

DOWNS MAR DEL

VALLE LA
VIA
CIRCLE
DE

H GI HLAND EXT
AMIGO

HEIGHTS

LA AMATISTA
AVE

CONDESA

RAPHAEL
8TH
ST
NOB
7TH ST
CREST

CONDESA
LN
RD
ORIBIA

DURANGO

RECUERDO COVE
DR

ST TEWA

H LA KA MAT
DR

KL SI H
DR
AVE
A BR
WY
VID
NOZ LU

E IN T NE
ER P
S

NE TI EN RP SE
ZAPO
CUL
ST
ST

BELAIRE ST
DR
ZAPO
E
AVE
BALBOA
AVE
AVE
SEA
BALBOA
ZUNI

AVENIDA
LN
ZUNI
FOREST
WY

DIEGUITO
ST
SAN
GATUN
AVENID
F
A
OREST
DR

SERPENTINE
ST
DR
DR
ZUNI

PRIMAVERA
WY

DIEGUITO SAN

SERPENT NI E PRIMAVERA
DR
CREST
ST
15TH
DR

RACETRACK VIEW
DR

PALM DR

TURF RD
DR
10TH ST
CREST
WY
KLISH
DR
LUNETA

ORCHID LN
MAR

HIGHLAND AV
LUNETA

CAROLINA
VAN
15TH
ST
DYKE
AVE
VIA
RIMINI

UMATILLA
RD
ALTA
RD
11TH ST
AMPHIT
WY
RD
HEATRE
CREST

CUCHARA
RIMINI
9TH
ST
HOSKA
RD
CAMINO

STRATFORD PK CT
4TH ST
CT

STRATFORD
DEL
NOB

PINAR PL
DR
AVE

CORDERO

DE MAYO RD
MAR
DEL
EL

TROPEZ ST RUE

D'AZUR RUE

MONACO RUE

REMO SAN RUE
ST RUE

RUE DANTIBES
RD

WESLEY WY

PL ST RUEZ
CT
CT
NAKER
VIEW

SEAFOREST
CT

SPIN CT

DOLPHIN
SURF
COVE
TR
RD
POINT
TORREY
V EI W

TORREY PINES
RD
PINES
HIDDEN

LN PINES
HIDDEN
DR

NEEDLES
PINE
AVE
RD
VALLEY

CAR MEL
BARCO
CAM. DEL
ROCIO
DEL
CAM.

PKWY

MAR IA V
MAR

TO NI MI CA
MAR
OCEAN
ST
DR
HOSKA
WY

CHRISTY LN
LN
21ST ST
22ND ST
23RD ST
24TH ST
25TH ST
COAST
20TH ST

SANTA FE

V EI LUZON LN
W
SEA
AV
GRAND
AV
18TH
BLVD

OCEAN FRONT
COURT
ST
D
TA
NE
LU

STRATFORD
17TH ST
ST
ST
ST
27TH ST
26TH ST
28TH ST
POINTE

STRATFORD

SEA ORBIT LN

LOIS LN
CT
11TH ST
12TH ST
13TH ST

PACIFIC LN

DEL CAMINO

OCEAN AV
15TH
ST

STRATFORD CT

DELMAR LN
14TH

MAIDEN LN

MELANIE
LN

AVE OCEAN
7TH ST
8TH ST

LITTLE ORPHAN ALLEY

SHIPPY LN

HEATHER
A
VIEW
AVE
10TH ST
9TH
6TH ST

SHERRY LN

PARRISH LN
ST
21ST
24TH ST

OCEAN FRONT
ST
23RD
ST

MAR DEL
22ND ST
25TH ST
19TH ST
SANDY

SAND BARR LN
City of Del Mar
Local Coastal Program
Implementing
Ordinances
Zoning Map
Residential Zones
R1-40
R1-14
R1-10
R1-10B
R1-5
R1-5B
RME
RMW
RMC
RMS
R2
CVPP
Commercial Zones
RC
CC
BC
PC
NC
VC
Miscellaneous Zones
941SP
PSP
HSP
FR
RR
FW
PP
PF
0 400 800 1,200
Feet
Prepared: August 21, 2022 O
12 January 9, 2023 Item 10
13 January 9, 2023 Item 10
26TH
CAMINO
ST

BORDER AVE

AVE BORDER
27TH
SANDY
29TH

LN OCEAN FRONT

BLVD DURANTE JIMMY

P MI L CI O DR
AVE
CIRCLE

DOWNS MAR DEL

VALLE LA
VIA
CIRCLE
DE

H GI HLAND EXT
AMIGO

HEIGHTS

LA AMATISTA
AVE

CONDESA

RAPHAEL
8TH
ST
NOB
7TH ST
CREST

CONDESA
LN
RD
ORIBIA

DURANGO

RECUERDO COVE
DR

ST TEWA

H LA KA MAT
DR

KL SI H
DR
AVE
A BR
WY
VID
NOZ LU

E IN T N E
ER P
S

NE TI EN RP SE
ZAPO
CUL
ST
ST

BELAIRE ST
DR
ZAPO
E
AVE
BALBOA
AVE
AVE
SEA
BALBOA
ZUNI

AVENIDA
LN
ZUNI
FOREST
WY

DIEGUITO
ST
SAN
GATUN
AVENID
F
A
OREST
DR

SERPENTINE
ST
DR
DR
ZUNI

PRIMAVERA
WY

DIEGUITO SAN

SERPENT NI E PRIMAVERA
DR
CREST
ST
15TH
DR

RACETRACK VIEW
DR

PALM DR

TURF RD
DR
10TH ST
CREST
WY
KLISH
DR
LUNETA

ORCHID LN
MAR

HIGHLAND AV
LUNETA

CAROLINA
VAN
15TH
ST
DYKE
AVE
VIA
RIMINI

UMATILLA
RD
ALTA
RD
11TH ST
AMPHIT
WY
RD
HEATRE
CREST

CUCHARA
RIMINI
9TH
ST
HOSKA
RD
CAMINO

STRATFORDPK CT
4TH ST
CT

STRATFORD
DEL
NOB

PINAR PL
DR
AVE

CORDERO

DE MAYO RD
MAR
DEL
EL

TROPEZ ST RUE

D'AZUR RUE

MONACO RUE

REMO SAN RUE
ST RUE

RUE DANTIBES
RD

WESLEY WY

PL ST RUEZ
CT
CT
NAKER
VIEW

SEAFOREST
CT

SPIN CT

DOLPHIN
SURF
COVE
TR
RD
POINT
TORREY
V EI W

TORREY PINES
RD
PINES
HIDDEN

LN PINES
HIDDEN
DR

NEEDLES
PINE
AVE
RD
VALLEY

CAR MEL
BARCO
CAM. DEL
ROCIO
DEL
CAM.

PKWY

MAR IA V
MAR

TO NI MI CA
MAR
OCEAN
ST
DR
HOSKA
WY

CHRISTY LN
LN
21ST ST
22ND ST
23RD ST
24TH ST
25TH ST
COAST
20TH ST

SANTA FE

V EI LUZON LN
W
SEA
AV
GRAND
AV
18TH
BLVD

OCEAN FRONT
COURT
ST
D
TA
NE
LU

STRATFORD
17TH ST
ST
ST
ST
27TH ST
26TH ST
28TH ST
POINTE

STRATFORD

SEA ORBIT LN

LOIS LN
CT
11TH ST
12TH ST
13TH ST

PACIFIC LN

DEL CAMINO

OCEAN AV
15TH
ST

STRATFORD CT

DELMAR LN
14TH

MAIDEN LN

MELANIE
LN

AVE OCEAN
7TH ST
8TH ST

LITTLE ORPHAN ALLEY

SHIPPY LN

HEATHER
A
VIEW
AVE
10TH ST
9TH
6TH ST

SHERRY LN

PARRISH LN
ST
21ST
24TH ST

OCEAN FRONT
ST
23RD
ST

MAR DEL
22ND ST
25TH ST
19TH ST
SANDY

SAND BARR LN
FR
FW
R1-40 FW
R1-40
PP
RMS
PP
FW
R1-40
NC
FW
FR
R1-10
FW
R1-40
R1-10
CVPP
R1-10
PF
R1-40
VC
PP
R1-10
R1-10
R1-10
RMS
PP
R1-10B
R1-10
PP
R1-10
R1-10
R2
R2
R2
R1-10
R1-10
RME
PP
R1-10
R1-10
R1-10
R1-10
R1-14
R1-10
R1-10
R2
R1-10
R2
R1-14
R2
NC
R1-10
R1-10
NC
HSP
R1-10
R1-10
R1-10
R1-10
R1-10
R2
R1-10
PSP
PP
R1-10
BC
R1-10
R1-10
R1-10
R1-10
R1-10
R1-10
R1-10
PP
R1-10
RME
RME
RME
PF
PF
RME
RME
PF
RME
PF
R2
RAIL
RAIL
R2
BC
R1-10
R1-10
R2
R2
R2
R1-10
R2 R2
R2
R2
R2
R2
HSP
PP
CC
RC
R1-10
R2
R2
R2
R1-10
R1-10
CC
CC
CC
R1-10
CC
RMC
CC
R1-10
RMC
R1-10
R1-10
R1-5B
R1-10
R2
R2
R1-10
PP
R2
R1-10
R2
R1-10
CC
R1-10
R1-10
RMC
CC
CC
RMW
RMC
R2
RME
BC
RMC
CC
R1-5B
CC
R1-10
PP
PP
RMW
RMW
R1-10
PC
R1-10
R1-10
RMW
R1-10
R1-10
PP
R1-5B
R1-10
R1-10
R1-10
R1-5B
R1-5B
R1-5B
R1-5B
R1-5B
RMC
R1-5B
RMC
RMW
R1-10
BC
R1-10
RMW
PP
RMW
RMW
R2
RMW
R1-5
R1-5
R1-5
R1-5
R1-5
R1-5
PF
PP
PP
R1-40
R1-10
R1-10
R1-10
R1-10
R1-10
R1-10
R1-5
R1-5
R1-10
RMC
PF
VC
RMC
R1-10
R1-10
R1-10
R1-14
PF
PSP
VC
PC
R1-10
RMC
R1-14
PP
PF
FR
941SP
City of Del Mar
Official Zoning Map
Residential Zones
R1-40
R1-14
R1-10
R1-10B
R1-5
R1-5B
RME
RMW
RMC
RMS
R2
CVPP
Commercial Zones
RC
CC
BC
PC
NC
VC
Miscellaneous Zones
941 SP
PSP
HSP
FR
FW
RR
PP
PF
Overlay Zones
Floodplain Overlay
Bluff, Slope & Canyon Overlay
Open Space Overlay
! Historic Preservation Overlay
0 400 800 1,200
Feet
Prepared: August 21, 2022 O
14 January 9, 2023 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Deputy Mayor Dan Quirk and Councilmember Terry Gaasterland Prepared by Sarah Krietor, Administrative Services Manager/City Clerk DATE: January 9, 2023
SUBJECT: Recommended Undergrounding Project Advisory Committee (UPAC) Restart, Charter Revisions, and Related Administrative Actions
REQUESTED ACTION/RECOMMENDATION:

UPAC Council liaisons, Deputy Mayor Quirk and Councilmember Gaasterland, recommend the City Council: 1) Adopt the Resolution (Attachment A) amending the UPAC charter (Exhibit A to Attachment A); and 2) Direct staff to take related administrative actions including scheduling 2023 UPAC meetings; recruiting to fill committee vacancies; and extending existing committee members’ terms.

DISCUSSION/ANALYSIS:

On December 17, 2017, the City Council formed the Utility Undergrounding Project Advisory Committee, renamed the Undergrounding Project Advisory Committee, to advise the City Council on the Citywide undergrounding program’s goals and objectives. Since its inception, UPAC has advised the City Council on the formation of undergrounding districts as well as project financing, scheduling, and communication efforts.

On December 7, 2021, as part of an effort to update the City’s advisory committee system, the City Council directed the UPAC Council liaisons to review and update the committee’s charter and provide the Council with a recommendation for restarting UPAC meetings. UPAC has not met since March 2020.

UPAC Charter Amendments
The Council UPAC liaisons reviewed the current UPAC charter with the City Manager and are recommending minor changes to the Committee’s work plan/mission statement, reducing the number of committee members from nine to five, and reducing the length of each term of service from five years to three years. The recommended changes to the number of committee members and length of each service term are geared toward increased efficiency and making the service commitment more manageable and attractive to members of the community in an effort to encourage participation.
1 January 9, 2023 Item 11
City Council Staff Report
UPAC Charter Revisions and Committee Restart
January 9, 2023

Page 2 of 2 ends

It should be noted that committee roles (Chair, Vice Chair, Secretary) have been standardized for all advisory committees in various City Council approved policies and procedures. That section has been removed from the amended UPAC Charter for consistency with other advisory committee charters and City policy. A redlined version of the charter reflecting any recommended changes is included with this report as Attachment B.

Related Administrative Actions
The UPAC Council liaisons recommend the City Council direct staff to take the following administrative actions related to resuming UPAC meetings under the revised charter.

UPAC Meeting Schedule
It is recommended that UPAC meet quarterly at 10:00 a.m. in the Town Hall on the following dates: February 16; June 8; September 14; and December 14, 2023. This recommendation is consistent with the meeting frequency for other advisory committees. Additional meetings may be scheduled as needed and as approved by the committee’s Council liaisons. Council liaisons to UPAC recommend that the City Council approve the proposed UPAC quarterly meeting schedule and direct staff to revise the 2023 Advisory Committee Meeting Schedule accordingly.

Term Extension for Existing Members
The revised Charter recommends that UPAC be made up of five (5) resident voting members.

Currently, the committee roster has four (4) active members: Jim Hindman, Steve Voss, Amy Cheshire, and Wade Walker. All four (4) members’ terms expire March 1, 2023. It is recommended that the City Council authorize existing members’ terms be extended to March 1, 2025. The proposed term extensions are consistent with the past Council action to extend other advisory committee members’ terms when meetings resumed in 2021.

UPAC Recruitment(s)
Lastly, it is recommended that the Council direct staff to recruit for committee vacancies in preparation for the first UPAC meeting scheduled on February 16, 2023. If sufficient applications are received, UPAC appointments would come to City Council for approval on February 6, 2023. As part of this process, staff would check in with existing committee members to confirm whether or not they are interested in continuing to serve on the committee and recruit for any additional vacancies as may be needed.

FISCAL IMPACT:

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

ATTACHMENTS:

Attachment A – Resolution Amending UPAC Charter
Exhibit A to Attachment A – Revised UPAC Charter (Clean) Attachment B- Redline Amended UPAC Charter
2 January 9, 2023 Item 11
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, AMENDING AND RESTATING THE

CHARTER OF THE CITY OF DEL MAR UNDERGROUNDING

PROJECT ADVISORY COMMITTEE
WHEREAS, the City Council adopted Resolution 2017-77 on December 17, 2017, establishing the Utility Undergrounding Advisory Committee, renamed the Undergrounding Project Advisory Committee (UPAC), to advise the Council on various tasks and goals related to the Citywide utility undergrounding project; and WHEREAS, on March 19, 2018, the City Council adopted Resolution 2018-18 to expand the membership of UPAC; and
WHEREAS, on December 7, 2021, the City Council directed the UPAC Council liaisons to review the committee’s mission, purpose, and membership requirements, and return to the City Council with an updated committee charter; and Whereas, on January 9, 2023, the City Council reviewed the updated UPAC charter prepared by the committee’s Council liaisons; and
WHEREAS, the City Council now desires to amend and restate the UPAC committee charter to update the mission and work program, membership, term, meeting requirements, and administrative formatting, and other details contained in the committee charters, as recommended by the UPAC Council liaisons and included as Exhibit A to this resolution.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that Resolutions No. 2017-77 and 2018-18 be repealed in their entirety and the Undergrounding Project Advisory Committee charter is amended and restated as shown in Exhibit A to this resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held this 9th day of January 2023. ___________________________
Tracy Martinez, Mayor
City of Del Mar
3 January 9, 2023 Item 11
Resolution No. 2023-XX

Page 2 of 2 ends

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

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, 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. 2023-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 9th day of January 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
4 January 9, 2023 Item 11

UNDERGROUNDING PROJECT ADVISORY COMMITTEE CHARTER
Mission & Work Program:

The Undergrounding Project Advisory Committee (Committee) works with the Undergrounding Project Team (Team) and Project Manager to ensure the citywide utility undergrounding project moves forward in a timely manner and that the Team goals and tasks are achieved. The Committee assists with evaluating ongoing project success and makes recommendations for adjustments as necessary.

Membership:

The Committee consists of five (5) Del Mar residents, all of which will be voting members.

To avoid conflicts of interest, members of this Committee cannot concurrently serve on the Measure Q Oversight Committee.

Membership Term:

Committee members serve three-year terms. Committee members may continue to be appointed for additional three-year terms in order to remain on the Committee through completion of the undergrounding project.

Meeting Requirements:

The Committee meets quarterly, or as may be needed, as approved by the City Council liaisons, and in full compliance with the California Open Meeting Laws (Brown Act).

Conflict of Interest Filing:

Members of the Undergrounding Project Advisory Committee are not required to file Conflict of Interest Filings due to the advisory nature of the committee.

Status:

The Undergrounding Project Advisory Committee is a standing committee.

Resolutions:
2017-77; 2018-18; 2023-XX.
5 January 9, 2023 Item 11
Undergrounding Project Advisory Committee Charter
Mission & Work Program:

The Undergrounding Project Advisory Committee (Committee) works with the Undergrounding Project Team (Team) and Project Manager to ensure the city-wide utility undergrounding project moves forward in a timely manner and that the Team goals and tasks are achieved. The Committee assists with organizing and completing Team tasks , and evaluatinges ongoing project success and makes recommendations for adjustments as necessary.

Membership:

The Committee consists of fivenine (59) Del Mar residents, all of which will be voting members. To avoid conflicts of interest, members of this Committee cannot concurrently serve on the Measure Q Oversight Committee.

Membership Term:

Committee members serve threefive-year terms. Committee members may continue to be appointed for an additional threefive-year terms in order to remain on the Committee through completion of the undergrounding project.

Committee Roles:

The Committee selects a Chair and a Vice Chair. Additionally, the Committee selects a Secretary who prepares meeting minutes and submits them to the full Committee for review and approval; upon approval, the minutes are submitted to the Administrative Services Department to become part of the City’s records.

Meeting Requirements:

The Committee meets quarterly, or as may be needed, as approved by the City Council liaisons, and in full compliance with the California Open Meeting Laws and the (Brown Act).

Conflict of Interest Filing:

Members of the Undergrounding Project Advisory Committee are not required to file Conflict of Interest Filings due to the advisory nature of the committee.

Status:

The Utility Undergrounding Project Advisory Committee is a standing committee.

Resolutions:
2017-77; 2018-18; 2023-XX.
6 January 9, 2023 Item 11
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: January 9, 2023
SUBJECT: New State Housing Legislation Report
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Receive a report on new State housing legislation and the potential impacts to the City of Del Mar’s local control over height, density, structure massing, and parking; and 2) Provide direction and/or feedback for staff to convey to legislative representatives.

DISCUSSION/ANALYSIS:

As reported to the City Council on December 5, 2022, legislative trends at the State level continue to reduce local control and impose regulatory schemes that are inconsistent with local General Plans and certified Local Coastal Program (LCP) land use plans and implementing regulations. The latest set of laws signed into law by the Governor in September 2022, which take effect in 2023, require increases in height, density, and structure massing, and parking reductions that the City must accommodate relating to affordable housing, Accessory Dwelling Units (ADUs) and multi-unit housing in commercial zones. This is a complex issue because coastal jurisdictions must comply with the Government Code and the Coastal Act and at this time the California Coastal Commission (CCC) has not published guidance for these new laws.

The following new State housing laws are summarized in this report:
 Amendments to ADU law significantly increase the allowable building height of ADUs and allow the units to be constructed near property lines. These amendments were a result of three legislative actions: Assembly Bill (AB) 2221, AB 916, and Senate Bill (SB) 897. See analysis below, the attached summary of current ADU law as it applies to Del Mar (Attachment A), and summary of new ADU laws that became effective January 1, 2023 (Attachment B).
 Requirements to accommodate multi-unit housing in commercial zones including increases in height, density, and structure massing if the developer commits to pay prevailing wages and follow bidding and workforce training requirements. The new 1 January 9, 2023 Item 12
City Council Agenda Report
New State Housing Legislation Impacts
January 9, 2023

Page 2 of 7 ends

State law provisions for integration of housing in commercial zones are found in: AB 2011 and SB 6. See analysis below and summary of laws that take effect July 1, 2023 (Attachment C).
 New parking exemptions for qualified housing projects that are within one-half mile of major transit stop(s) or high-quality transit corridors were created by AB 2097. See analysis below and summary of new law effective January 1, 2023 (Attachment D).

These new laws are anticipated to result in adverse cumulative impacts throughout the Del Mar community. The new legislation overrides local control in a number of areas by increasing allowable ADU height and size citywide, increasing the allowable density and height for multiunit housing projects in commercial zones, and limiting the City’s ability to impose parking for projects when the development is in proximity to public transit. Cumulatively, the new laws require that the City accommodate an unlimited number of housing projects that will increase the number of dwelling units on properties throughout the City and without supporting infrastructure or overall unit capacity limits and with no ability to coordinate the timing or phasing of such construction (i.e., per neighborhood or zone), which is likely to create significant adverse environmental impacts in a small jurisdiction like the City of Del Mar. In sum, this type of unplanned increase in the City’s population could dramatically burden existing infrastructure, traffic conditions, and water usage.

General Implementation Challenges
Unlike many other California cities, the City of Del Mar is located entirely in the coastal zone.

Despite the passage of these new housing laws, the City continues to be subject to compliance with the Coastal Act. As a result, the City faces significant implementation challenges as outlined below:
 The new State mandates create a continuous burden on the City for processing of new ordinances and updates that significantly impact staffing and budget resources. These resource burdens also apply to other agencies involved including local jurisdictions, the California Department of Housing and Community Development (HCD), and resource agencies including the CCC.
 As a product of State law, when a local ADU ordinance is inconsistent with new ADU requirements, the local ordinance becomes null and void. As a result, the City is once again mandated to revise and replace its prior ADU ordinances. In Del Mar, this midstream process interruption has further delayed ordinance implementation. This is significant because by default the City must rely on the new government code mandates, which allow for more relaxed building setbacks, parking, and height restrictions. At the same time, the City must attempt to “harmonize” the Government Code housing requirements with the Coastal Act. As mentioned above, the CCC has not yet developed guidance for the new ADU laws or other legislative mandates described in this report.

This leaves the City in a position to conduct these interpretative efforts on a project-byproject basis while the City moves forward with drafting new ordinances in an effort to “harmonize” housing laws with Coastal Act protections.
2 January 9, 2023 Item 12
City Council Agenda Report
New State Housing Legislation Impacts
January 9, 2023

Page 3 of 7 ends

 The State did not consider the processing time required for coastal cities to update local ordinances and obtain final approval from the CCC through its LCPA certification process. Coastal Commission staffing resources are currently constrained and are likely to be further constrained by the latest legislative mandates. Currently, it takes about 18- 24 months to implement each new legislative update. This results in a significant portion of the local budget being shifted away from local priorities each year when resources must be reallocated to address unfunded State mandates.  While the California Environmental Quality Act (CEQA) provides an exemption for implementation of some housing ordinances (i.e., ADUs and SB 6), the extent of environmental analysis necessary for the City to demonstrate CEQA compliance is a significant obligation for small jurisdictions to complete. This process becomes particularly acute where CEQA determinations must address the potential impacts of future “by-right” development. For example, the City must identify local measures that will minimize and avoid significant impacts to environmental resources for future development that is exempt from discretionary review (and exempt from CEQA at the project-level). Other examples are included in the discussion below.

New ADU Laws – AB 2221 (Quirk-Silva), AB 916 (Salas), and SB 897 (Wieckowski) The new ADU laws are consistent with the State’s one-size fits all approach to housing legislation. Attachment A provides a more in-depth explanation of how the current ADU law, as amended, applies to the City of Del Mar. The State modified the ADU height and setbacks that the City must accommodate through a “by right” process without any consideration for the local context:
 Height - The height limit that can be imposed by local ordinance varies. State law requires that the City accommodate a detached ADU that is up to 16 feet above grade.

However, a greater height up to 18 feet maximum is allowed for a detached ADU if the lot is within one-half mile walking distance of a major transit stop or a high-quality transit corridor or if the ADU is on a lot with existing multi-story multiple dwelling unit development. The City must also accommodate a maximum height up to 25 feet above grade or two stories for an ADU that is “attached” to a primary dwelling unit. The City is preempted from setting a lower maximum height limit as a standard in its local ordinance.
 Setbacks - In coastal jurisdictions, the distance between an ADU and property lines and other specified separation distances (i.e., steep slopes or sensitive biological resources) varies based on the context of a lot. The new State law clarifies that the City must accommodate an ADU within the front yard setback if necessary to accommodate placement of an 800 square foot ADU. A setback of 4 feet is required for side and rear yards with some exceptions that apply to accommodate a lesser setback (i.e., conversion of an existing legal non-conforming structure) and other exceptions where a greater setback is required for compliance with the Coastal Act (i.e., compliance with applicable geologic setbacks, setbacks from wetlands, wetland habitat, environmentally sensitive habitat buffers, and protection of public scenic views).
3 January 9, 2023 Item 12
City Council Agenda Report
New State Housing Legislation Impacts
January 9, 2023

Page 4 of 7 ends

The new State laws also continue to require that the City accommodate new ADUs (and associated noise, privacy, and scenic view conflicts) regardless of whether or not the ADU will be used for housing. The legislature identified implementation of State ADU law a “matter of Statewide concern”, which means the City is currently preempted by State law from imposing additional local requirements (i.e. requiring that an ADU be occupied and used as a dwelling unit).

Further, the trend of generous incentives provided by State law to spur ADU-production has become an impediment to local strategies for creation of low-income units to meet Housing Element obligations (i.e., Housing Element Program 2A strategy to create fifteen low income units by making incentives available). Because State law already accommodates large, twostory ADU structures through a by-right process, it takes away opportunities for the City to incentivize creation of units for low income households. As a result, the City will likely need to adjust its strategy for creation of low income ADUs by focusing on sites with existing multi-unit development instead of single units and duplexes.

Multi-Unit Housing in Commercial Zones – AB 2011 (Wicks) and SB 6 (Caballero) AB 2011 and SB 6 are intended to facilitate development of multi-unit residential on underutilized lots in commercial zones with the intent to address statewide housing needs for production of “below market rate” units available to households in the moderate, low, very low, and extremely low-income categories. However, the project proponent must meet a stringent series of construction-related labor, prevailing wages, workforce training, and bidding requirements. It is unclear what liabilities the City could face if a developer fails to comply with these labor law mandates.

In Del Mar these laws are applicable to parcels in the Central Commercial (CC) and Professional Commercial (PC) zone commercial corridor with frontage along Camino del Mar (100-foot street width) and North Commercial (NC) zone along Jimmy Durante Boulevard (80- foot street width).

Following is a comparison of the two laws that facilitate housing in commercial zones:

AB 2011 SB 6
Project Type Allows multi-unit residential or mixed-use development
Allows multi-unit residential or
mixed-use where at least half of
project square footage is residential
use
Housing
Affordability
Rental units (55-yr deed restriction):
 100% affordable (below market
rate);
 At least 8% very low and 5%
extremely low-income units; or
 At least 15% low income units
For-sale (45-yr deed restriction):
 15% low income units; or
 30% moderate income units
Subject to local jurisdictions
inclusionary housing requirements
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January 9, 2023

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Location Site must be in commercial zone that allows office, retail, or parking (i.e., CC, NC, or PC zones).

At least 75% of site adjoins site developed with urban use No more than one-third of existing square footage is industrial use (onsite/adjacent).

Site is on commercial corridor (70-150 ft
street width) on lot with at least 50 ft of
frontage on commercial corridor
Development
Standards
 Density at least 20 du/ac on sites less
than one acre in size
 Density 20-30 units per acre if street
width is less than 100 ft (i.e., JDB)
 Density 20-50 units per acre If street
width is 100 feet or greater (i.e., CDM)
Density at least 20 du/ac
Maximum height - 35 ft if street width is
less than 100 ft (i.e., JDB); 45 ft if street
width is 100 ft or greater (i.e., CDM)
Maximum height per applicable zone
Ground floor setback of 10 ft from
residential lot and step backs on stories
above the ground floor
Setbacks per applicable zone
No parking can be required; if provided it
must be at least 25 ft from property line
Required parking as applicable,
including density bonus reductions
Permit
Approval
Process
Ministerial process required (i.e.,
Administrative Coastal Development
Permit)
City’s discretionary permit process
applies. Must comply with objective
standards.

Commercial
Tenant
Protections
Requires developer provide written notice to each commercial tenant on the parcel when an application is submitted and developer agreement to pay for commercial tenant relocation based on years of occupancy and number of employees.

Labor
Requirements
Requires developer agreement to pay
prevailing wages and health care
contribution, and other labor-related
requirements.

Requires developer agreement to
use skilled and trained construction
workforce, pay prevailing wages and
health care contribution, and meet
other labor-related requirements.

This bill has more stringent
construction labor standards than
AB 2011.

While the new AB 2011 and SB 6 laws do not take effect until July 2023, implementation of AB 2011 at the local level is anticipated to be a challenge in relation to environmental considerations and CEQA and Coastal Act compliance. AB 2011 requires a project-level “environmental assessment” of submitted permit applications that is intended to avoid locations with “environmental conditions” such as hazardous materials and tribal resources. This creates confusion regarding future CEQA compliance by creating a special process that is not consistent with the full scope of environmental considerations that are considered under CEQA and the Coastal Act. This is a concern because CEQA measures the significance of a potential impact on the environment in relation to the existing baseline conditions and the AB 2011 required provisions for parking exemptions and height and density increases greatly exceed those of the existing environment’s baseline conditions (i.e., height that exceeds existing development by 5 January 9, 2023 Item 12
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January 9, 2023

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more than 20 feet in some circumstances) and the maximum allowed per existing zoning, which could lead to potential impacts to coastal resources/coastal access (i.e., visual impact conflicts with public scenic views and other environmental conditions that were not addressed by AB 2011).

New Exemptions from Minimum Parking Requirements – AB 2097 (Friedman) The new parking-related law limits the ability of local jurisdictions to impose parking on any residential, commercial, or mixed-use development project located within one-half mile of a major transit stop or high-quality transit corridor in a regional transportation plan. A major transit stop includes an existing rail or bus rapid transit station and a fixed bus route or intersection of bus routes with a frequency of services interval of 15 minutes or less during the morning and afternoon peak weekday commute periods. While existing bus services in the City do not currently operate at 15-minute intervals, this can change over time and is expected to change through implementation of SANDAG’s regional plan.

Local jurisdictions may demonstrate a need for parking requirements to be imposed on a case-by-case basis by making findings that having no parking standards imposed would substantially impact the City’s ability to meet its Regional Housing Needs Assessment (RHNA) obligations; would adversely impact persons with disabilities or seniors; or would negatively impact existing residential or commercial parking within one-half mile of the project.

The law preempts local jurisdictions from invoking an exception where there are fewer than 20 units in a project; where 20% of the units are dedicated to lower income households, senior housing, or student housing; or where the project is subject to other parking reduction laws.

While the law currently does not apply to Del Mar due to the infrequency of existing transit service levels, the preemption of local parking requirements in a broader context, regardless of public transit, is a trend that is being incorporated into new State housing laws (i.e., AB 2011). Therefore, as a practical matter, a similar reduction in parking requirements to accommodate new affordable housing development is a type of incentive for the City Council to consider implementing as necessary to meet the City’s Housing Element obligations.

Recommendations for Corrective Action and Relief
The one-size fits all approach to mandating an increase in the allowable number of housing units on each parcel, mandating increases in height and overall size of housing development, and removing public input creates potential adverse impacts to community character and burdens local infrastructure without consideration to the City’s budgetary constraints. Further, the State’s adoption of these new laws is continuing to occur without consideration of how this relates to the regulatory context applicable to coastal jurisdictions, and as evidenced by the new ADU laws and AB 2011. In no case is the Coastal Act superseded in these new housing mandates; and the courts have not ruled on what law applies when conflicts arise between the Coastal Act and the new State housing laws.

The City Council is asked to consider the following recommendations and provide feedback and direction as applicable to better accommodate the City’s ability to determine where housing should be located and at what density/intensity to meet local housing needs:
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January 9, 2023

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1) The ADU law should be amended to accommodate local control over development of new structures at a second story level or higher. This is important in the coastal zone where public scenic views must be maintained. Also, since the ADU laws seem to go beyond the legislative intent of meeting housing needs, the State could help by allowing local jurisdictions to require that newly created ADUs be made available as units for rent. 2) AB 2011 should be amended to accommodate local control over development of housing in commercial zones in the coastal zone where it exceeds two stories. This would allow local jurisdictions to implement locally adopted Housing Element strategies while maintaining local control over the intensity and character of development in accordance with local plans to minimize impacts and avoid unintended consequences. Further, the law should clarify that existing parking lots relied upon for coastal recreation and shoreline access shall not be converted to housing, which would provide greater certainty for implementation in the coastal zone consistent with the Coastal Act.
3) Parking is considered a significant factor for the provision of coastal access. The parkingrelated legislation should be amended accordingly to provide greater certainty for implementation in the coastal zone, particularly in communities with public beaches.

ATTACHMENTS:

Attachment A – Summary of current ADU Law (Government Code Section 65852.2) Attachment B – Summary of AB 2221, AB 916, and SB 897 (New ADU Laws) Attachment C – Summary of AB 2011 and SB 6 (Housing in Commercial Zones Laws) Attachment D – Summary of AB 2097 (New Parking-Related Law) 7 January 9, 2023 Item 12
Attachment A
1 Summary of ADU Law in Coastal Jurisdictions per Government Code Section 65852.2 (as amended) Applicable ADU Codes
 The City’s previously adopted ADU ordinances are “null and void” per State law. When a local agency that has not adopted an ordinance governing ADUs in accordance with California Government Code Section 65852.2 receives an application for a permit to create an ADU, the local agency shall approve or disapprove the application ministerially without discretionary review. (Gov. Code 65852.2(b)).  The City must continue to process submitted ADU applications in accordance with Government Code Section 65852.2. This requires “harmonizing” between State ADU law and the Coastal Act as necessary to protect coastal access and coastal resources. The Coastal Act is not superseded and the Government Code specifically provides that it is not intended to “in any way alter or lessen the effect or application of the California Coastal Act of 1976”. Therefore, the City has the ability to scale back and/or modify the placement of ADU locations and the size of the unit as a mitigation measure when necessary to protect coastal resources.  The State’s ADU regulations are complex and some elements are contradictory, including State guidance in the 2022 HCD ADU Handbook. It is recommended that the City request clarification from HCD as applicable (i.e. a technical assistance memo) and that the City continue to document the basis for its ADU permit decisions.  For greater certainty and local control, the City can process a local ADU ordinance that would take effect following City Council adoption, HCD approval, and Coastal Commission certification. The City is in process of soliciting State guidance and preparing a draft ADU ordinance to implement new ADU laws.

Standards for Single Dwelling Unit Lots vs. Multiple Dwelling Unit Lots/Mixed Use Lots  The Government Code provides different ADU standards for “single-family” vs. “multifamily” but does not provide a definition for what constitutes a multifamily unit lot.  For lots that have single dwelling unit zoning designations and a maximum of one primary dwelling unit per lot, a maximum of one ADU and one Junior ADU is permitted per lot.  Lots with existing multiple primary dwelling units are allowed to have more than one ADU per lot. (Gov. Code Section 65852.2. (e)(1)(C) and (D)).
 The City can rely on its definition of “multiple dwelling unit” for review and approval of ADU applications on lots with more than one primary dwelling unit. The City’s zoning code definition of “multiple dwelling unit” (DMMC Section 30.0104.130(F)) applies to a building or lot containing two or more dwelling units on a single lot. This includes lots with multiple units located within a common building or that share a common wall and lots with multiple detached units that do not share a common wall.  Lots with existing multiple dwelling unit development have a right to two detached ADUs that are subject to a maximum of height of 16 feet and four-foot rear yard and side yard setbacks per Government Code Section 65852.2(e)(1)(D). The City can use CDP findings to justify accommodation as an attached ADU instead of detached as necessary to protect coastal access and coastal resources. 8 January 9, 2023 Item 12
Attachment A
2  Lots with multiple units in a common building (two or more units) can also add one or more ADUs in non-livable spaces where designed to meet the California Building Code standards for a dwelling unit. The maximum number of ADUs created within converted non-livable spaces is up to 25% of the total number of existing primary dwelling units on that lot per Government Code Section 65852.2(e)(1)(C).

ADU Size Limits
 Determinations of the allowable size of an ADU must account for site-specific “harmonizing” between State ADU law and the Coastal Act as necessary to protect coastal access and coastal resources during ADU permit application review.
 The allowable size limits for ADUs are set forth in multiple subsections of Government Code 65852.2 and some elements are contradictory. Government Code Section 65852.2 establishes minimum and maximum unit size requirements for both attached and detached ADUs in Government Code Section 65852.2 Subsections (a)(1)(AD).  Height – The height limit that can be imposed by the City varies by context. State law requires the City accommodate a detached ADU up to 16 feet above grade. A greater height up to 18 feet maximum is allowed for a detached ADU if the lot is within one-half mile walking distance of a major transit stop or a high-quality transit corridor (there are no existing high quality transit stops in Del Mar), or if the ADU is on a lot with existing multi-story multiple dwelling unit development. The City also must accommodate an ADU that is attached to a primary dwelling unit at a maximum height up to 25 feet above grade or two stories.  Minimum size - The City must accommodate at least the size of an efficiency unit per 65852.2 Section (c)(2)(A).

Efficiency unit is defined is defined in Section 18007 of the Health and Safety Code. The starting point for accommodation of a minimum size for ADUs should be 800 square feet per Government Code Section 65852.2 Section (c)(2)(C). However, the ADU size can be further reduced to a smaller efficiency unit size if necessary to comply with local development standards, including protecting coastal access and coastal resources.  Maximum size - The starting point for accommodation of a maximum size for ADUs (attached or detached) should be 850 square feet, or 1,000 square feet for an ADU with more than one bedroom, per Government Code Section 65852.2 Section (c)(2)(B). However, as noted above the ADU size can be required to be reduced if necessary to protect coastal access and coastal resources.  A proposed attached ADU shall also be subject to an additional size limit whereby the attached ADU shall be limited to a maximum of 50% of the primary dwelling unit if there is an existing primary dwelling unit per Section 65852.2 (a)(1)(D)(iv).
 Setbacks – In coastal jurisdictions, the distance between an ADU and property lines and other specified separation distances (i.e., steep slopes or sensitive biological resources) varies based on the context of a lot. An ADU shall comply with the front yard setback unless necessary to accommodate placement of a 800 square foot ADU. A 4 foot setback is required for side and rear yards with some exceptions that apply to accommodate a lesser setback (i.e., conversion of an existing legal non-conforming structure) and other exceptions where a greater setback is required for compliance with the Coastal Act (i.e., geologic setbacks, setbacks from wetlands, wetland habitat, environmentally sensitive habitat buffers, and protection of public scenic views). 9 January 9, 2023 Item 12
Attachment A
3 Documentation of Local Interpretations and Determinations that Require “Harmonizing”  Processing of an administrative Coastal Development Permit is required for ministerial decisions on ADU applications submitted to the City.
 The City’s timing in processing an ADU application for ministerial approval is critical. If an agency fails to act on the completed application within 60 days, the application is deemed approved. (Gov. Code Section 65852.2. (a)(3). The clearest exception to this rule is where there is a permit application to create a new single family dwelling on the lot in which case the decision on the ADU application can be delayed until the primary residence is approved, but the ADU application is still processed as a ministerial action. The other consideration in the approval of ADU’s is the Coastal Act and the City’s Local Coastal Program. The City is required to process a CDP for each ADU. The Government Code regulating ADU’s does not supersede the Coastal Act. (Gov. Code Section 6585.2.2 (l).
 The applicable findings for a local decision to approve or deny a CDP must be documented in writing in accordance with DMMC Section 30.75.140 - Requirement for Findings. Following are the required findings for CDP approval:

1. That the use for which the Coastal Development Permit is applied is permitted within the zone in which the property is located.

2. That the proposal meets the criteria of the applicable chapters of this Title (DMMC Zoning Chapters that are Certified LCP Implementing Ordinances).

3. That the granting of such Coastal Development Permit will be in conformity with the certified City of Del Mar Local Coastal Program (LCP Land Use Plan and Implementing Ordinances).

4. That for all development proposals located seaward of the first public roadway, the proposed development is consistent with and implements the applicable requirements for provision of public access contained in this Title (DMMC Zoning Chapters that are Certified LCP Implementing Ordinances) and in the public access and public recreation policies of Chapter 3 of the California Coastal Act.

5. That for all development proposals involving the construction or placement of a shoreline protection device, that the proposed development is consistent with and implements the applicable requirements of the Beach Overlay Zone and Setback Seawall Zone provisions contained in this Title (DMMC Zoning Chapters that are Certified LCP Implementing Ordinances) and is consistent with and implements the provisions of the Chapter Three Policies of California Coastal Act.

6. That the proposal is consistent with and implements the provisions of public view protection policies IV22 through IV-27 of the City of Del Mar LCP Land Use Plan.

7. That for all development proposals on sites with identified wetland resources, that the proposed development is consistent with and implements the provisions of the Lagoon Overlay Zone as contained within the City of Del Mar Local Coastal Program Implementing Ordinances and Land Use Plan. 10 January 9, 2023 Item 12
State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 244-0209 Federal Office ▪ 600 Pennsylvania Avenue SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555 Southern California Office ▪ 1401 Dove Street • Suite 330 • Newport Beach, CA 92660 • Phone (949) 399-9050 • Fax (949) 476-8215 Northern California Office ▪ 300 Frank H. Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 • Fax (510) 835-9030 Central California Office ▪ 744 P Street • Suite 308 • Fresno, CA 93721

M E M O R A N D U M
Subject: 2022 State Legislation: Accessory Dwelling Units AB 2221 (Quirk-Silva): Bill Summary and Status
This bill makes numerous changes to the laws governing accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). Current law requires a local ordinance to require an accessory dwelling unit to be either attached to the proposed primary dwelling or detached and located on the same lot as the proposed primary dwelling.

This bill would specify that an accessory dwelling unit that is detached from the proposed or existing primary dwelling may include a detached garage.

This bill has been signed into law and will take effect on January 1, 2023.

Relevant Support
• California Association of Realtors
• California YIMBY
• Southern California Rental Housing Association
• Urban Environmentalists
Relevant Opposition
• City of Pleasanton
• Catalysts for Local Control
Analysis
This bill requires a permitting agency to specifically “approve or deny” an application to serve an ADU or a JADU within 60 days. The bill also specifies that a permitting agency must either return the approved permit application or to return in writing, within the prescribed time period, a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied. Per this legislation, a “permitting agency” is any entity that is involved in the review of an ADU or JADU permit, including applicable planning departments, building departments, utilities, and special districts.

Attachment B
11 January 9, 2023 Item 12
AB 916 (Salas): Bill Summary and Status
This bill prohibits a city or county from requiring a public hearing as a condition of reconfiguring existing space to add up to two bedrooms within an existing dwelling unit.

This bill has been signed into law and will take effect on January 1, 2023.

Relevant Support
• California Apartment Association
• California Association of Realtors
• City of Santa Monica
• North Valley Property Owners Association
• California YIMBY
• Southern California Rental Housing Association
• California Rental Housing Association
Relevant Opposition
• City of Santa Clarita
Analysis
This bill requires a permitting agency to specifically “approve or deny” an application to serve an ADU or a JADU within 60 days. The bill also specifies that a permitting agency must either return the approved permit application or to return in writing, within the prescribed time period, a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied. Per this legislation, a “permitting agency” is any entity that is involved in the review of an ADU or JADU permit, including applicable planning departments, building departments, utilities, and special districts.

The bill also specifies that in ministerially approving an application for a building permit to create one detached, new construction ADU on a lot with a single-family dwelling in a zone that allows residential use, a local agency must not impose any objective planning standards that conflict with the ability for the ADU to meet existing standards.
12 January 9, 2023 Item 12
SB 897 (Wieckowski): Bill Summary and Status
This bill makes various changes to existing ADU laws including adjustments to the minimum height limitations that a local agency may impose. This bill has been signed into law and will take effect on January 1, 2023.

Relevant Support
• California Apartment Association
• California Building Industry Association
• California Community Builders
• California YIMBY
• Southern California Rental Housing Association
• Housing Action Coalition
Relevant Opposition
• California Association of Realtors
• League of California Cities
• California State Association of Counties
• California Building Officials
• California Association of Code Enforcement Officers
• Rural County Representatives of California (RCRC)
• California Cities for Local Control
Analysis
This bill, among other things, increases the minimum ADU height limit that a local agency may impose:
• For ADUs attached to a primary dwelling, this bill increases the minimum height limit from 16 feet to the lower of 25 feet or the local agency's applicable height limit. The bill does provide that the local government could specify that such ADUs are no more than two stories tall.
• For a detached ADU within a half-mile walking distance of a major transit stop or a highquality transit corridor, increases the minimum height limit from 16 feet to 18 feet for a detached ADU. Requires that a local agency must allow an additional two feet in height to accommodate a roof pitch on an ADU that is aligned with the roof pitch of the primary dwelling unit;
• For detached ADUs that do not meet the criteria in (a) but are on a lot that has an existing multifamily, multi-story dwelling, increases the minimum height from 16 feet to 18 feet.

Additionally, the bill also requires a permitting agency to act within 60 days on an ADU or JADU application that they must either approve or deny. Adds that, if a permitting agency denies an application for an ADU or JADU, the permitting agency must return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

The bill also prohibits a local agency from denying a permit for a constructed, unpermitted ADU built before January 1, 2018 for any of the following reasons:
13 January 9, 2023 Item 12
• The ADU is in violation of building standards, but correction of the violation is not necessary to protect the health and safety of the public or occupants of the structure; and • The ADU does not comply with state or local ADU law.
14 January 9, 2023 Item 12

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M E M O R A N D U M
Subject: Implementation Overview: AB 2011 and SB 6
The purpose of this memo is to provide a more detailed overview of the provisions contained in two landmark measures passed by the Legislature during the 2022 Legislative Session that allow for residential developments in non-residential zoned areas.

OVERVIEW
On August 29, two days before the end of the 2022 Legislative Session, the Legislature passed AB 2011 (Wicks), the Housing and High Road Jobs Act of 2022, and SB 6 (Caballero), the MiddleClass Housing Act of 2022. Both bills address a long-discussed method for increasing housing development potential by unlocking sites currently designated for commercial or retail uses, so long so long as developers utilize either increased labor standards or increased affordability standards. While it was thought that one bill would supersede the other and become law, near the end of the 2022 Legislative Session, legislative leadership announced their seal of approval to both bills. This will give developers the choice to decide which strategy to use when approaching a housing development project in a non-residential zone: comply with stricter labor standards or stricter affordability standards.

On September 28, 2022, the Governor signed both measures into law. Both AB 2011 and SB 6 will become effective July 1, 2023.

AB 2011 (WICKS) THE HOUSING AND HIGH ROAD JOBS ACT OF 2022 AB 2011 provides a streamlined ministerial approval pathway for qualifying multifamily projects on commercial zoned land that meet specified affordable housing targets. The legislation provides two options for eligibility: one where construction is paid for by for 100 percent Below Market Rate (BMR) projects located on commercial zoned land, and a second for mixed-income (typically 15 percent BMR) projects located on commercial corridors.

The following chart details the various provisions included in AB 2011, along with a column explaining the methods by which a local government may exercise discretion over the development process.

Attachment C
15 January 9, 2023 Item 12

Page 2 ends

Criteria Opportunities for Local Government
Action
Objective
AB 2011 creates a streamlined, ministerial approval process for multifamily housing developments on commercially zoned property. Developments are subject to strict affordability standards.

Approval
Process
• Developments under AB 2011 are ministerially
approved and CEQA exempt for qualifying projects.

Approval timeline is within 90 days for
developments with 150 units or less or 180 days for
developments with more than 150 units.

• Local governments are required to
identify any inconsistency with qualifying
criteria within 60 days for developments
with 150 units or less or 180 days for
developments with more than 150 units.
• Local governments are permitted to
conduct design review, but only within
the limited timeframe and it must be
based on objective standards.
• Local governments may adopt an
ordinance to implement AB 2011, with
the adoption exempt from CEQA.

Location
• A zone where office, retail, or parking are a
principally permitted use.
• Urbanized area or urban cluster.
• At least 75 % of the site adjoins parcels developed
with urban uses.
• Cannot be a site where more than 1/3 of the
square footage is dedicated to industrial use.
• Cannot be within a very high fire severity zone or
contain tribal cultural resources.
• Meets exclusionary criteria set forth in SB 35
(Statutes of 2017) and excludes farmlands,
wetlands, hazardous waste sites, earthquake fault
zones, and flood areas subject to development
restrictions.
• Not on a site governed by mobile
home/recreational vehicle laws or the Special
Occupancy Parks Act.
• Cannot be within 500 feet of a freeway
• Cannot be within 3,200 feet (0.6 miles) of an active
oil or gas refinery
• Cannot be located on a site that would require the
demolition of an historic structure or a site where a
prior residential unit was demolished within the last
10 years

Project
Criteria
• Project proponent must complete a phase I
environmental assessment and mitigate as
necessary
• Developers must provide notice to commercial
tenants and relocation assistance to certain
qualifying independently owned commercial
tenants.
• Project must be multifamily (5 or more homes for
sale or rent)

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Affordability
Requirements
For 100% Affordable Housing Developments in
Commercial Zones:
• 100% for lower-income (for sale or rent) units
• Deed restriction for 55 years (rental) or 45 years
(owner-occupied)
For Mixed-Income Housing Along Commercial
Corridors (“Commercial corridor” means a highway
as of at least 70 and not greater than 150 feet.)
• Rental: 8% very low income plus 5% extremely low
income, or 15 % lower income
• Owner-Occupied: 30% moderate income or 15%
lower income
• Unis must adhere to same bedroom/bathroom
ratios and have the same quality appliances and
finishes as market rate units
• Local governments may adopt more
stringent inclusionary requirements
Labor
Standards
• Prevailing wage required
• Health care contributions
• Projects with 50 units or more must use
contractors who employ construction craft
employees or let subcontractors for at least 1,000
hours to participate in apprenticeship programs

Development
Requirements
For 100% Affordable Housing Developments in
Commercial Zones:
• Residential density must meet or exceed density
deemed appropriate to accommodate lower
income individuals in the jurisdiction
• Development must meet objective standards for
existing zoning designation if the parcel already
accommodates multifamily or residential use
standards.
• Development must be consistent with housing
density objective zoning standards
For Mixed-Income Housing Along Commercial
Corridors (“Commercial corridor” means a highway
of at least 70 and not greater than 150 feet.)
• Development density determined by certain
factors, including whether the jurisdiction is
deemed metropolitan, along with the parcel’s
proximity to major transit stops.
• Height limitations apply to developments based on
their proximity to transit and city populations:
o 35 feet for commercial corridors of less than
100 feet
o 45 feet for sites on a commercial corridor of 100
feet in width or greater
o 65 feet for sites that are within one-half mile of
a major transit stop or are within a city with a
population of greater than 100,000 and is NOT
within the Coastal Zone.
• Require step backs in the amount equal to 7 feet
multiplied by the floor number, beginning on the 2nd
floor of the development.
• Developments must meet applicable
objective standards for the closest zone
in the city that allows multifamily
residential use.
• For mixed income developments: Local
governments may require that up to ½ of
the ground floor of the project be
dedicated to retail use. (Cannot be
removed pursuant to a concession under
Density Bonus Law)
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SB 6 (CABALLERO) THE MIDDLE-CLASS HOUSING ACT OF 2022
Unlike AB 2011, SB 6 does not provide a ministerial approval process, but does allow for residential developments on commercially zoned parcels without rezoning. Additionally, SB 6 differs from AB 2011 in that it contains no affordability requirements. To utilize SB 6 provisions, developers must instead adhere to more stringent labor standards which include prevailing wage and the use of a skilled and trained workforce.

The following chart details the various provisions included in SB 6, along with a column explaining the methods by which a local government may exercise discretion over the development process.

Criteria Opportunities for Local Government
Action
Objective
SB 6 allows residential development on property zoned for retail and office space without needing a rezoning, so long as developers pay construction personnel a prevailing wage and use a skilled and trained workforce. The legislation does not include affordability standards – hence the name “Middle-Class Housing Act of 2022.” Approval
Process
• No ministerial approval process like AB 2011.

Instead makes project approval an “allowable use” if
specified conditions are met, including requirements
relating to density, public notice, comment, hearing,
or other procedures, site location and size,
consistency with sustainable community strategy or
alternative plans, prevailing wage, and a skilled and
trained workforce.
• Local governments may adopt an
ordinance to implement SB 6, with the
adoption exempt from CEQA.

Location
• A zone where office, retail, or parking are a
principally permitted use.
• Urbanized area or urban cluster that is not on a site or adjoined to any site where more than 1/3 of the
square footage is dedicated to industrial use
• Development site must be less than 20 acres

Project
Criteria
• Project must be a housing development project that
includes residential units or a mixed-use project
where at least half of the square footage is
designated residential use.
• Project must be consistent with approved
sustainable community strategy or alternative plan
• If commercial tenants exist in prospective
development site, project managers must provide
relocation assistance to certain qualifying
independently owned tenants.
• Local governments may exercise project
development discretion by requiring it
adhere to sustainable communities
Strategy (SCS) criteria
Affordability
Requirements None. • Local governments may adopt more
stringent inclusionary requirements
Labor
Standards
• Prevailing wage required
• Skilled and trained workforce required
• An exception to these standards is only granted if,
after a specified bidding process, less than 2
prequalified contractors promising to use a skilled
and trained workforce bid on the project

18 January 9, 2023 Item 12

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Development
Requirements
• Residential density must meet or exceed density
deemed appropriate to accommodate lower income
individuals in the jurisdiction pursuant to housing
element law.
• Development subject to local zoning, parking,
design, and other ordinances.
• Local code requirements applicable to processing
and permitting of residential developments in a
zone that allows for the housing with the density
allowed by SB 6.
• Development must adhere to all objective local
standards, other than those that expressly prohibit
residential use or standards that allow for a lower
density than prescribed by housing element law,
including impact fee requirements.
• Developments must meet applicable
objective standards including design,
parking, and zoning.

LOOKING AHEAD
To best prepare for the implementation of AB 2011 and SB 6 provisions – effective July 2023 – local governments should begin developing objective standards for the zoning and design review of parcels and developments that may be subject to by-right approval under the bills’ provisions.

Additionally, local governments should consider adopting implementation ordinance for both pieces of legislation.
19 January 9, 2023 Item 12

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M E M O R A N D U M
The purpose of this memo is to provide a more detailed overview of the provisions contained in new legislation that restricts local agencies’ ability to impose parking minimums near transit-rich areas.

OVERVIEW
On September 22, the Governor signed AB 2097, authored by Assembly Member Friedman, into law. The bill prohibits local agencies from imposing or enforcing parking minimums on residential and commercial developments within one-half mile of a major transit stop unless certain conditions are met. The passage of AB 2097 marked the second consecutive attempt by Assembly Member Friedman to pass the measure into law. During the 2021 Legislative Session, the same measure – under the bill vehicle AB 1401 – failed in the second house Appropriations Committee. Since then, the Assembly Member and the measure’s supporters made its passage a top priority for 2022.

In a diversion from the typical bill signing process, Governor Newsom included a signing message with the bill. Messages from the Governor on legislative actions are typically reserved for vetoes, not signatures. The signing message included the following statement:
“While this bill will undoubtedly have a positive impact in reaching our state's climate and housing goals, we must be vigilant in guarding against earnestly unintended consequences. In the absence of this important state policy change, many local governments have rightly taken it upon themselves to craft transitoriented housing incentive programs. It is not our intent in creating this new law to undermine the efficacy of these local initiatives.

Therefore, I am directing the Department of Housing and Community Development to closely monitor implementation of this bill and identify any unintended outcomes, including impacts to affordable housing development in downtown-oriented development areas.”
Prior to the signing of AB 2097, California, like much of the nation, mandated that a residential or commercial building come with a certain number of on-site parking spaces. The mandates were born out of the post-World War II era when development was booming and America began heavily investing in highways and other automobile infrastructure, which in turn meant investing in parking. AB 2097 will become effective January 1, 2023.

AB 2097 (FRIEDMAN) OVERVIEW
Objective
AB 2097 prohibits public agencies, including charter cities, from imposing or enforcing any minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of public transit.

Attachment D
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Location
• A project is considered to be within one-half mile of a major transit stop or high-quality transit corridor if all parcels within the project have no more than 25 percent of their area farther than one-half mile from the stop or corridor and if not more than 10 percent of the residential units or 100 units, whichever is less, in the project are farther than one-half mile from the stop or corridor.
• Public transit as defined within the bill to include major transit stops or high-quality transit corridors included in a regional transportation plan. A major transit stop includes any of the following:

1. An existing rail or bus rapid transit station.

2. A ferry terminal served by either a bus or rail transit service.

3. A fixed bus route or intersection of bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
• AB 2097 prohibits local agencies from imposing parking requirements on all housing developments that satisfy any of the following criteria. Exceptions may not be applied to these projects:
o Developments that dedicate a minimum of 20 percent of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities.
o Developments with fewer than 20 housing units.
o Developments not subject to parking requirements based on the provisions of any other state law.

Enforcement
• The provisions of this bill are added to the list of laws that may be enforced by the Department of Housing and Community Development (HCD) and the Attorney General.

Exceptions
• Local governments may impose or enforce minimum parking requirements on projects located within one-half mile of public transit if the local agency makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following:
o The local government’s ability to meet its share of the regional housing need for low and very low-income households
o The local government’s ability to meet special housing needs for elderly people or individuals with disabilities.
• The bill does not apply to commercial parking requirements if it conflicts with an existing contractual agreement of the public agency that was executed before January 1, 2023, provided that all of the required commercial parking is shared with the public. • AB 2097 will not be applied to existing residential or commercial parking within onehalf mile of public transit. • Projects where any portion is designated for use as a hotel, motel, or other type of transient lodging are excluded from the bill and may have parking minimum requirements.
21 January 9, 2023 Item 12

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• Event centers must provide parking as required by local ordinance for employees and other workers.
• The bill does not impact the enforcement of any requirement imposed on a new multifamily residential or nonresidential development that is located within one-half mile of public transit to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities. • A project may voluntarily build additional parking that is not shared with the public.

To best prepare for the implementation of AB 2097 provisions – effective January 2023 – local governments should begin taking inventory of existing parking needs and their proximity to public transit. Additionally, local governments should note the timing of development projects and contract execution to ensure that projects do not need to be modified to meet the January 1, 2023 timeline. Further, local governments should take into account the need associated with meeting their RHNA goals and/or the needs of disabled or elderly residents with regard to future developments near transit.
22 January 9, 2023 Item 12
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Councilmembers Dave Druker and Dwight Worden
Prepared by Sarah Krietor, Administrative Services Manager/City Clerk DATE: January 9, 2023
SUBJECT: Discussion of City Council Subcommittees Purpose & Scope REQUESTED ACTION/RECOMMENDATION:

Councilmembers Druker and Worden request that the City Council discuss the current list of Council subcommittees and direct each Council subcommittee to work with staff to prepare a charter identifying the purpose and scope for their respective subcommittee for Council consideration in March 2023.

DISCUSSION/ANALYSIS:

As a separate agenda item, the City Council will make or reaffirm local and regional appointments for 2023 including appointments to City Council subcommittees. The City Council most recently reevaluated the purpose and need for each subcommittee on February 11, 2019. Since that time, some subcommittees have been dissolved and others have been formed.

Currently, there are eleven (11) active Council subcommittees including the Housing; Human Resources; Safe Rail Crossing and Bluff Stabilization (Same liaisons as SANDAG Board); Longterm Rail Relocation (Same liaisons as SANDAG Board); Planning Process; Sea-Level Rise Adaptation Plan Implementation; Clean Water Rate Project; Ad-Hoc Referendum Subcommittee; Legislative Subcommittee; Ad-Hoc Committee Efficiencies Task Force; and Ad-Hoc Solid Waste Procurement Services. The Watermark Project subcommittee is currently on hold.

While more recently formed subcommittees, such as the Legislative Subcommittee, have a clear purpose and scope, other long-standing subcommittees such as the Planning Process subcommittee, do not have written charters outlining their scope and purpose.

To ensure that the scope and purpose for each Council subcommittee is clear to the Council liaisons, staff, and the public, Councilmembers Druker and Worden recommend that the City Council initiate a process whereby each Council subcommittee would work with staff to draft or revise the charter for their respective subcommittee establishing the subcommittee’s scope/purpose, and also recommending if the subcommittee should be dissolved. The goal would be for draft charters to be presented to the whole Council for consideration in March 2023. It is important to note that this recommendation is specific to City Council subcommittees and does not apply to City advisory committees, which already have established charters. 1 January 9, 2023 Item 13
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: January 9, 2023
SUBJECT: 2023 City Council Local and Regional Appointments REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council review the current list of Del Mar City Council regional and local appointments (Attachment A) and make or reaffirm appointments for 2023 from among its members to the identified regional and local boards, commissions, committees and subcommittees; and identify and authorize the elimination of any committees or subcommittees that are no longer deemed necessary.

DISCUSSION/ANALYSIS:

Councilmembers represent the City on regional boards and organizations, act as liaisons to City Council advisory committees, represent the City Council on community organizations, and work on specific matters in Council subcommittees.

According to City Council Policy 101, “Appointments of Councilmembers to Regional Organizations, and Local Council Committees and Subcommittees,” it shall be the policy of the City Council to “make or reaffirm both regional and subcommittee appointments” annually. This annual review provides the Council with an opportunity to assess assignments, balance the workload of Councilmembers, and discuss whether certain City committees/subcommittees have achieved their objectives and should be disbanded. Staff has included the 2022 City Council Local and Regional Appointments as Attachment A to this agenda report.

It should be noted that the following regional organizations pay stipends to appointed representatives: Regional Solid Waste Authority; North County Transit District; San Diego Association of Governments; Metropolitan Wastewater Commission; and the San Diego County Water Authority (SDCWA). Pursuant to regulations of the Fair Political Practices Commission (FPPC), the City is required to report this information to the FPPC annually.

FISCAL IMPACT:

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

ATTACHMENTS:

Attachment A – Del Mar City Council Local and Regional Appointments 2022 1 January 9, 2023 Item 14

DEL MAR CITY COUNCIL
2022 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 10, 2022; Amended by City Council action on October 3, 2022 1 CITIZEN ADVISORY COMMITTEES (Citizen Advisory Committee meeting dates and times are available on the City’s Public Meeting Calendar at https://www.delmar.ca.us/calendar.aspx?CID=14) Committee Council Liaisons
Arts Advisory Committee
Meets Quarterly Dwight Worden Dave Druker
Finance Committee
Meets Quarterly Terry Gaasterland Dan Quirk
Measure Q Citizen Oversight Committee
Twice per year or as-needed Dave Druker Dan Quirk
Parks & Recreation Committee
Meets Quarterly Dave Druker Dwight Worden
Lagoon Committee
Meets Quarterly Dwight Worden Dan Quirk
Shores Advisory Committee
On Hold Terry Gaasterland Tracy Martinez
Sustainability Advisory Committee
Meets Quarterly Dwight Worden Dave Druker
Traffic and Parking Advisory Committee (TPAC)
Meets Quarterly Tracy Martinez Dwight Worden
Undergrounding Project Advisory Committee
On Hold Terry Gaasterland Dan Quirk
2 January 9, 2023 Item 14

DEL MAR CITY COUNCIL
2022 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 10, 2022; Amended by City Council action on October 3, 2022 2 COUNCIL SUBCOMMITTEES (The following Council subcommittees meet to discuss specific topics or special projects and/or meet intermittently to interact with staff, as needed) Subcommittee Council Liaisons
Housing Subcommittee Terry Gaasterland Tracy Martinez
Human Resources Subcommittee Dave Druker Dwight Worden
Safe Rail Crossing and Bluff Stabilization
Subcommittee *Same liaisons as SANDAG Board
Dave Druker Terry Gaasterland
Long-Term Rail Relocation Subcommittee*
*Same liaisons as SANDAG Board Dave Druker Terry Gaasterland Planning Process Subcommittee Dave Druker Terry Gaasterland Watermark Project Subcommittee (On Hold)
Sea-Level Rise Adaptation Plan Implementation
Subcommittee Terry Gaasterland Tracy Martinez
Clean Water Rate Project Dave Druker Dan Quirk
Ad-Hoc Referendum Subcommittee Terry Gaasterland Dave Druker Legislative Subcommittee*
* Members serve 2-year terms Terry Gaasterland Dave Druker Ad-Hoc Committee Efficiencies Task Force Dwight Worden Tracy Martinez Solid Waste Procurement Services Ad-Hoc
Subcommittee Dwight Worden Dan Quirk
3 January 9, 2023 Item 14

DEL MAR CITY COUNCIL
2022 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 10, 2022; Amended by City Council action on October 3, 2022 3

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

REGIONAL ORGANIZATIONS
Organization Primary Alternate
22nd District Agricultural Association – Community
Relations Committee
3 rd Tuesday/month at 10:30 a.m.

Terry Gaasterland
Tracy Martinez
There are two primary
liaisons and no
alternate
Clean Energy Alliance Joint Powers Agreement (JPA)
Quarterly or as-needed Dave Druker Dwight Worden
CSA-17 Ambulance District Adv. Board
Meets quarterly at 4:00 p.m. – As-needed
1 st Tuesday (Feb/May/Aug/Nov). This board oversees
ambulance services in Del Mar, Encinitas, Solana
Beach, and Rancho Santa Fe.

Tracy Martinez Dave Druker
Fire Governance Board (Solana Beach, Del Mar,
Encinitas) Dave Druker Tracy Martinez
LAFCO Cities Advisory Committee
Meets intermittently City Manager Assistant City Manager League of California Cities – San Diego Chapter
Meets the 2nd Monday of the month Mayor Deputy Mayor
League of California Cities – Coastal Cities Group Dwight Worden No Del Mar Rep METRO Commission/ METRO Wastewater JPA*
1 st Thursday/month at Noon Dwight Worden Dan Quirk (1st) Dave Druker (2nd)
North County Transit District*
Regularly meets 3rd Thursdays Dan Quirk Terry Gaasterland (1st)Dave Druker (2nd) 4 January 9, 2023 Item 14

DEL MAR CITY COUNCIL
2022 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 10, 2022; Amended by City Council action on October 3, 2022 4 Organization Primary Alternate
Regional Solid Waste Association (RSWA)*
Quarterly or as-needed Dwight Worden Dan Quirk
San Diego County Water Authority*
Meets Monthly – 4
th Thursday
Appointed 3/5/2018
Mel Katz City Manager
San Dieguito River Valley Regional Open Space Park
(JPA) – Exec. Committee
Meets monthly on the 3rd Friday -
11:00 a.m. usually at County Admin. Bldg.
(Usually only meets 6-8 times/year)
Dwight Worden Dan Quirk
SANDAG Board of Directors*
Meets 2nd & 4th Fridays or as scheduled
Terry Gaasterland Dave Druker (1st)
Dan Quirk (2nd)
SANDAG Shoreline Preservation Working Group
Meets quarterly, 1st Thurs - 11:30 a.m.

Dwight Worden Terry Gaasterland
SANDAG Committees- Appointments by North County Coastal Region SANDAG Borders Committee*
Meets 4th Friday-12:30 p.m. to 2:30 p.m. Dave Druker No Del Mar Rep.

SANDAG Regional Planning Committee*
Meets first Friday- 12:30 p.m.-2:30 p.m.

Terry Gaasterland No Del Mar Rep.
*Receives stipend.
5 January 9, 2023 Item 14

Del Mar City CouncilJanuary 9, 2023

Del Mar City Council
January 9, 2023