Del Mar City Council
February 6, 2023

Table of Contents
2023-2-6 Regular Meeting Agenda
Item 1- Minutes
Item 2- List of Demands Packet
Item 4- Helix Task Order Amendment
Item 5- UPAC Charter Revisions and Recommended Appointmentsdocx Item 6- TTM18-004 Extension (La Atalaya, 690 Serpentine) Item 7- 2023 Legislative Policy Guidelines_FINAL
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14 35
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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, February 6, 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 February 6, 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 ANNOUNCEMENTS
VII. CITY MANAGER’S REPORT
VIII. PRESENTATIONS
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.

1. Approval of Minutes: January 23, 2023 Regular and Special Meeting Recommended Action: Approve Minutes.

Reference: Clerk’s Minutes Book

2. Ratification of List of Demands, dated February 6, 2023 Recommended Action: Ratify the List of Demands.

Reference: Clerk’s File No. 201-3
Del Mar City Council Regular Meeting February 6, 2023
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

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

Reference: Clerk’s File No. 401-4

4. Approval of a Task Order Amendment with HELIX Environmental Planning for the Crest Canyon Underground Utility District X1A Project Recommended Action: Staff recommends the City Council: 1) Approve a $34,088 Task Order Amendment (Attachment A) with HELIX Environmental Planning (HELIX) to perform environmental services for the Crest Canyon Underground Utility District X1A Project (X1A); and 2) Authorize the City Manager to execute the Task Order Amendment.

Reference: Clerk’s File No. 406-1

5. Recommended Undergrounding Project Advisory Committee Charter Amendments and Appointments
Recommended Action: The Undergrounding Project Advisory Committee (UPAC) Council liaisons recommend that the City Council: 1) Adopt the Resolution (Attachment A) expanding the UPAC membership from five (5) to seven (7) voting members and removing the prohibition for UPAC members to concurrently serve on the Measure Q Citizen Oversight Committee; and 2) Appoint Thomas McGreal, Shirli Weiss, and Michael Minter as voting members of UPAC to serve full threeyear terms starting February 6, 2023, and ending on February 28, 2026.

Reference: Clerk’s File No. 401-5
X. PUBLIC HEARING

6. Tentative Tract Map TTM18-004, Extension of Time
A Request for a Three-Year Extension of Time For an Eight-Lot Subdivision Reconfiguration of 18.1 acres known as “La Atalaya”
Applicant/Owner: La Atalaya, LLC
Assessor Parcel Numbers (APNs): 299-200-65-00, 299-261-43-00, 299-261- 42-00, 299-261-14-00, 299-192-24-00, 299-200-64-00, 299-200-62-00, and 299- 200-63-00
Recommended Action: Staff recommends the City Council adopt the Resolution approving a three-year extension of Tentative Tract Map TTM18-004 (Attachment A).

Reference: Clerk’s File No. 301-1
XI. COUNCIL MEETING RECESS
Del Mar City Council Regular Meeting February 6, 2023
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XII. CITY COUNCIL OTHER BUSINESS

7. Approval of the 2032 Legislative Policy Guidelines
Recommended Action: Staff requests that the City Council approve proposed changes to the City’s Legislative Policy Guidelines (Attachment A) for 2023.

Reference: Clerk’s File No. 401-1, 401-7
XIII. 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/Quirk) D. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Quirk/Martinez) E. League of California Cities – San Diego Chapter (Martinez/Worden) F. North County Transit District (NCTD) (Druker/Gaasterland) G. Regional Solid Waste Association (Worden/Quirk)
H. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Druker
I. SANDAG Borders Committee (Druker)
J. SANDAG Regional Planning Committee (Gaasterland)
K. SANDAG Shoreline Preservation Working Group
(Worden/Gaasterland/Martinez)
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
XIV. 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. Arts Advisory Committee (Druker/Worden)
B. Clean Water Rate Project
C. Del Mar Community Connections (Martinez/Worden)
D. Del Mar Village Association (Gaasterland/Martinez)
E. Finance Committee (Druker/Worden)
F. Housing Subcommittee (Gaasterland/Martinez)
G. Human Resources Subcommittee (Druker/Worden)
H. Legislative Subcommittee (Druker/Gaasterland/Mayor Martinez end of 3rd Quarter)
Del Mar City Council Regular Meeting February 6, 2023
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. Measure Q Citizen Oversight Committee (Gaasterland/Quirk) J. Parks and Recreation Committee (Martinez/Worden)
K. Del Mar Railroad Committee (Druker/Gaasterland)
L. Lagoon Committee (Quirk/Worden)
M. Sea-Level Rise Adaptation Plan Implementation Subcommittee (Gaasterland/Martinez)
N. Shores Advisory Committee
O. Sustainability Advisory Committee (Martinez/Worden)
P. Traffic and Parking Advisory Committee (Quirk/Worden) Q. Undergrounding Project Advisory Committee (Druker/Gaasterland) R. Other Committee-Subcommittee Reports
XV. 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.

February 21, 2023
Del Mar Foundation Portable Lighting Acknowledgment
CDM Bridge PLBP Funding FTA & Resolution (Tentative)
Friends of the Powerhouse Donor Acknowledgment for Tot Lot Project Public Safety Discussion on E-bikes (Tentative)
Presentation of Parking Conditions and Enforcement of Traffic and Parking Regulations in the North Hills District
Temporary Sculpture Program Phase 2 & MOU with Del Mar Foundation Parks and Recreation Committee Appointment (tentative pending liaison recommendation) Presentation of Parking Conditions and Enforcement of Traffic and Parking Regulations in the North Hills District
XVI. 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 1st day of February, 2023 at approximately 12:30 p.m.
___________________________________________ 2/1/2023
Sarah Krietor, Administrative Services Manager/ Date
City Clerk

CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
JANUARY 23, 2023
City of Del Mar Town Hall
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 Tracy Martinez; Deputy Mayor Dan Quirk; Councilmembers Dave Druker, Terry Gaasterland, and Dwight Worden

CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported on the January 23, 2023, City Council Closed Session meeting.

She reported that for Item A there were no reportable actions and no recusals. For Item B, there were no reportable actions and Councilmember Druker was recused due to living within 500 feet of the subject matter of that discussion.

PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
None.

CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Quirk provided clarification and a correction to his statement at the prior City Council meeting regarding his attendance record at the North County Transit District (NCTD) Board meetings.

Councilmember Druker reported that the Clean Energy Alliance (CEA) will be setting 2023 rates at their January 26, 2023, meeting and also reported that the exit fee will be negative for Del Mar, Solana Beach, and Carlsbad this year. Mayor Martinez reported coyote sightings in Del Mar and encouraged residents to keep their pets safe.

CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the upcoming CEA board meeting; the City’s efforts to treat the Canary Island Palms on City property for the South American Palm Weevil infestation and encouraged members of the public inspect and treat Canary Island Palm trees on their property as may be needed; and that the annual turf treatments at the Shores, Powerhouse, and Seagrove Parks are completed and the parks have been reopened to the public.
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City Council Regular Minutes
January 23, 2023

CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.

IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY DEPUTY MAYOR QUIRK TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 4, 6 AND 7. (VOTE 5-0) Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.

ITEM 1: APPROVAL OF MINUTES: DECEMBER 12, 2022 REGULAR MEETING, JANUARY 9, 2023 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK) Council approved the minutes, on consent.

ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED JANUARY 23, 2023 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.

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

ITEM 4: THIRD AMENDMENTS TO AGREEMENTS FOR SALE OF RECLAIMED WATER (CLERK’S FILE NO. 406-1)
Council approved the Third Amendment to the Agreement for Sale of Reclaimed Water with the San Elijo Joint Powers Authority; approved the Third Amendment to the Reclaimed Water Sales Agreement with the San Elijo Joint Powers Authority and the 22nd District Agricultural Association; and authorized the City Manager to execute the Amendments, on consent.

ITEM 5: ENGINEERING DESIGN, GEOTECHNICAL, AND ENVIRONMENTAL CONSULTING SERVICES FOR THE RIVERPATH DEL MAR EXTENSION PROJECT PHASE 3 (CLERK’S FILE NO. 406-1)
The item was pulled from the consent calendar for a staff presentation and City Council questions. Principal Engineer Karen Falk provided a brief presentation. City Council questions focused on status of outside agency approval and permitting for the Project; appreciation for staff, Del Mar Foundation and the Riverpath Conservancy for their work on this project; clarification on the estimated construction cost and funding sources for the project; and anticipated timing and schedule for project construction.

IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY
COUNCILMEMBER GAASTERLAND TO APPROVE A $97,300 TASK ORDER WITH

MICHAEL BAKER INTERNATIONAL TO PERFORM FINAL ENGINEERING DESIGN SERVICES; APPROVE A $27,014 TASK ORDER WITH BARNETT QUALITY

CONTROL SERVICES, DBA NOVA SERVICES TO PERFORM GEOTECHNICAL 2 February 6, 2023 ITEM 01
City Council Regular Minutes
January 23, 2023

CONSULTING SERVICES; APPROVE A $29,218 AMENDMENT TO AN EXISTING

TASK ORDER WITH HELIX ENVIRONMENTAL PLANNING TO PERFORM ENVIRONMENTAL SERVICES; AND AUTHORIZEE THE CITY MANAGER TO EXECUTE THE TASK ORDERS. (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.

ITEM 6: PARKS AND RECREATION COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5) Council re-appointed Mary Friestedt as a voting member of the Parks and Recreation Committee to serve a second full three-year term starting February 3, 2023, and ending on February 28, 2026, on consent.

ITEM 7: LAGOON COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5) Council re-appointed Julie Kawasaki to the Lagoon Committee as a voting member to serve a second full three-year term starting February 1, 2023, and ending on February 28, 2026, on consent.

ITEM 8: RESOLUTION TO EXTEND THE FORBEARANCE PERIOD RELATED TO EXISTING NONCONFORMING SHORT TERM RENTALS (CLERK’S FILE NO. 301-19) Principal Planner Amanda Lee provided a brief presentation on the City’s next steps related to short term rentals (STR) which include proceeding with STR data collection and the City’s coordination with the California Coastal Commission (CCC).

The item was pulled from the Consent Calendar for public comment and the following individuals spoke:
1) Jessica Solano
2) Kimberly Jackson
3) Gina Mattern
4) Laura DeMarco (received a donation of time from Gerard Pascale) 5) Camilla Rang
City Council questions focused on what may happen if the City Council failed to adopt the proposed resolution and the potential consequences for STR owners; whether or not the action before the City Council is considered an urgency ordinance; basis for the two year timeframe included in the Resolution for the extended forbearance period and the completion of the City’s legislative process relate to STRs; and the number of short term rentals that currently exist in Del Mar and historical data.

City Council discussion focused on whether to amend the language in the Resolution related to the extended forbearance timeframe; City Council desire to revisit STR regulations in the future and to maintain the status quo by adopting the Resolution; encouraging the public to participate in the City’s process for developing new STR regulations; City Council desire to complete this process as quickly as possible for the benefit of all parties and interests; and importance of good neighbor practices related to short-term rentals.
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City Council Regular Minutes
January 23, 2023

IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY
COUNCILMEMBER WORDEN TO ADOPT RESOLUTION 2023-2, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, TO EXTEND THE

EXISTING FORBEARANCE RELATED TO ENFORCEMENT OF SHORT TERM RENTAL OPERATIONS”, WHICH WILL DEFER ENFORCEMENT ACTION AGAINST QUALIFYING STR OPERATIONS FOR TWO YEARS UNTIL JANUARY 23, 2025,

WHILE NEW REGULATIONS ARE BEING EVALUATED AND PROCESSED FOR ADOPTION. (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.

COUNCIL MEETING RECESS:

The City Council took a meeting recess from approximately 7:50 to 8:05 p.m.

CITY COUNCIL OTHER BUSINESS
ITEM 9: HOUSING ELEMENT PHASE II STUDIES OF POTENTIAL INCENTIVES TO CREATE LOWER INCOME UNITS ON IDENTIFIED HOUSING ELEMENT SITES (CLERK’S FILE NO. 303-1, 304-7)
A presentation was provided by Principal Planner Amanda Lee and Assistant City Attorney Ralph Hicks.

City Consultants Linnie Gavino and Paul Marra with Keyser Marston Associates, Inc. and Stephen Dalton of Stephen Dalton Architects participated in the presentation and were available to answer questions.

Council questions focused on how density bonus law may interact with the City’s zoning code; locations included in the feasibility studies; the administrative coastal development process for projects processed under the density bonus law; parking proposal included in 2010 Jimmy Durante feasibility study site; whether the feasibility study takes into account the trend of converting commercial space into housing; clarification on the difference between the City’s zoning requirements and the state density bonus requirements; assumptions used in the Phase II studies; whether the consultants considered scenarios for 100% affordable housing options; whether shared work space is considered a commercial use; assumptions related to the analysis for 2010 Jimmy Durante Boulevard; how the $100 per square foot price point used in the feasibility study was established; whether tax incentives or financial subsidies may be available for the sites included in the feasibility study; whether the North Commercial (NC) sites are within a quarter mile of the fairground transportation hub; whether State Housing and Community Development (HCD) is looking for the City to explore affordable housing opportunities beyond the City’s Regional Housing Needs Assessment (RHNA) requirements; and clarification on the number of affordable units included in the Central Commercial Zone (CC-3) plan.

There were no public speakers for the item.

Council discussion focused on appreciation to staff and the consultants for their work on the feasibility studies which support the City’s 6th Cycle Housing Element; desire to explore property tax exemptions, senior living, faculty housing/partnering with larger employers on housing projects; identify next steps including exploring 100% affordable options; explore the best case scenario for each site and prepare to establish zoning to enable the Council preferred scenario (height, Floor Area Ration, lot coverage and parking); restating the City’s commitment to establishing affordable housing; desire to encourage community input throughout this process; lack of state assistance programs to complete these type of housing projects; and encourage the City’s Legislative Subcommittee to discuss the lack of state funding 4 February 6, 2023 ITEM 01
City Council Regular Minutes
January 23, 2023

for the type of affordable housing projects included in the feasibility study with the City’s state representatives.

Council consensus was to receive a presentation from staff with a schedule of the City’s commitments include in the 6th Cycle Housing Element as part of the 2023 City Council Goals and Priorities Workshop to receive subsequent updates moving forward.

ITEM 10: HOUSING ELEMENT PROGRAM 2A – POTENTIAL INCENTIVES FOR CREATION OF LOW INCOME ACCESSORY DWELLING UNITS (CLERK’S FILE NO. 303-1, 304-7) A presentation was provided by Principal Planner Lee and Paul Marra and Linnie Gavonio with Keyser Marston Associates, Inc.

Council questions focused on the residential mix south (RM-South) scenarios; clarification on what would be involved to incentivize multi-family property owners to participate in the development of ADUs; clarification on the location of the RM-West zone; whether tiny homes are considered Accessory Dwelling Units (ADUs); whether building tiny homes would be less expensive to construct than traditional ADUs; whether the City could purchase tiny homes and move them to different locations in the City; whether additional flexibility could be built into the ADU program’s deed restriction time period; whether the City learned anything about SB 9 implementation when studying the economic feasibility of the City’s ADU program; whether partnering with an employer such as the University of California San Diego (UCSD) for employee/student ADU housing would be feasible; whether non-monetary motivation can be built into this model; potential property owner concerns over the required ADU deed restriction; whether the City considered the development of ADUs on hotel property; and the City’s 6th Cycle Housing Element programs related to hotels.

There were no public speakers for the item.

Council discussion focused on capacity to add ADUs on existing multi-family sites; whether parameters could be placed to regulate bonus units under these programs; concern over how ADUs are integrated into the community; whether the City is able to have more control over preventing ADUs in setbacks and protecting primary views that could be blocked by ADUs; desire to incentivize hotels and apartment complexes to build ADUs; desire to discuss the feasibility of partnering with UCSD on a student housing ADU program; and desire to have the Legislative Subcommittee talk to state legislative representatives to allow for local jurisdictions to require ADUs be used for housing.

ITEM 11: COUNCIL DISCUSSION REGARDING SANDAG WEIGHTED VOTING PROCESS (CLERK’S FILE NO. 1506-1)
A presentation was provided by Councilmembers Gaasterland and Worden.

Council questions and discussion focused on an opinion that the City’s efforts at SANDAG should be focused on the City’s goals of removing the railroad tracks from the bluff, protecting the City from sealevel rise, and establishing affordable housing at the Fairgrounds; time and energy better spent on efforts toward reforming other aspects of SANDAG’s governing structure that are not regulated by state law; the SANDAG weighted voting structure; desire to limit time and effort spent on the weighted voting issue in consideration of the Council, City staff, and City Attorney limited time and indication based on recent actions that the SANDAG Board majority are not interested in making any changes to the voting structure; clarification on whether other agencies use a weighted vote; and whether to direct the City Attorney to prepare responses to Councilmember Gaasterland’s questions related to interpreting Assembly Bill 805 and the SANDAG weighted vote.
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January 23, 2023

There were no public speakers for the item.

Council consensus was to direct the City Attorney to look into Councilmember Gaasterland’s questions related to AB 805 and SANDAG’s weighted vote and to provide information to the City Council.

ITEM 12: PREPARATIONS FOR 2023 CITY COUNCIL GOAL SETTING WORKSHOP (CLERK’S FILE NO. 401-1)
A brief presentation was provided by City Manager Jones and Administrative Services Manager Krietor.

There were no public speakers for the item.

Council questions and discussion focused on a request that staff include a comparison of current reserve projects for June 30, 2023, and what the reserves would have been projected to be if reserve fund contributions would not have been reduced or eliminated due to COVID; Council’s options and interest in holding a Council retreat in 2023; discussion of the format for prior Council retreats; potential to hold a Council team building in 2023; and request to have the prior Council wish list distributed to the Council including which items were included in the current Council priorities and City work plan.

Council consensus was to direct Mayor Martinez and Councilmember Druker to work on a proposal for a City Council team building retreat and to direct staff to proceed with the 2023 City Council Goals and Priorities Workshop on February 13, 2023 at 2:00 p.m.

REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY

ORGANIZATION REPORTS
City Council representatives reported on the Clean Energy Alliance, San Diego Association of Governments (SANDAG) Board of Directors, City Traffic and Parking Advisory Committee, San Dieguito River Valley Regional Open Space Park Joint Powers Authority (JPA), 22nd Agricultures District, SANDAG regional committees, Del Mar Village Association, City Measure Q Citizen Oversight Committee, and City Undergrounding Project Advisory Committee.

ADJOURNMENT
Mayor Martinez adjourned the meeting at 9:10 p.m.
__
Sarah Krietor, Administrative Services Manager/
City Clerk
6 February 6, 2023 ITEM 01

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES

CLOSED SESSION
JANUARY 23, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California

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

ROLL CALL

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

CLOSED SESSION
A) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: One
Description: Potential action regarding the City’s 6th Cycle Housing Element Authority: Government Code Section 54956.9(b)
Reportable Action: None.

B) Conference with Legal Counsel - Existing Litigation
The Winston School of San Diego, Inc. v. City of Del Mar San Diego Superior Court Case No. 37-2021-00042977-CU-CO-CTL Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None. Councilmember Druker was recused from this item due to living within 500 feet of the subject matter of that discussion.

ADJOURNMENT
Mayor Martinez adjourned the meeting at 4:26 P.M.
__________________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Jennifer Gavin, Associate Planner
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: February 6, 2023
SUBJECT: Approval of a Task Order Amendment with HELIX Environmental Planning for the Crest Canyon Underground Utility District X1A Project REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Approve a $34,088 Task Order Amendment (Attachment A) with HELIX Environmental Planning (HELIX) to perform environmental services for the Crest Canyon Underground Utility District X1A Project (X1A); and 2) Authorize the City Manager to execute the Task Order Amendment.

DISCUSSION/ANALYSIS:

On July 12, 2021, the City Council authorized the formation of the Crest Canyon Underground Utility District (UUD), also known as “X1A”, which includes approximately 11,200 lineal feet of overhead conversion of electric utility wires to underground, 152 parcels (private, public, and vacant), and 114 private homes/buildings. Some of the existing utility poles that will be removed are located in Crest Canyon within the limits of the City of Del Mar.

Following the formation of the Crest Canyon District, the next steps prior to construction include coordinating with utility companies, preparation of base maps (including topographical and field conditions), evaluation of protected trees, environmental review in accordance with the California Environmental Quality Act (CEQA), civil engineering design work, as well as processing applicable discretionary permits prior to the formal public bidding process. This work has been ongoing since the Council authorized the District formation.

As part of the design phase, a biological study needs to be completed for the previously undisturbed native habitat areas where there are existing poles to assess the potential for native habitat to be impacted in the areas associated with pole removal. The study will also provide criteria for use in the project design to avoid/minimize impacts to these areas.

This study is required for the purpose of environmental review. In July 2021, the City issued a task order to Helix Environmental for $18,500 for the Crest Canyon UUD, for the preparation of the biological study. HELIX has since been working with City Staff to develop and clarify the project description (including meetings with SDG&E and AT&T to 1 February 6, 2023 ITEM 04
City Council Agenda Report
Environmental Services for the Crest Canyon Underground Utility District X1A Project February 6, 2023

understand which poles are involved and methodology for removal) and working in coordination with the sub consultant, Busby Biological Services, to do much of the field surveys and mapping of the various poles in the X1A project area.

As the project scope and civil engineering design has been refined, it has been determined that additional work will be needed in order to complete the necessary environmental work (as described below) to justify a CEQA determination of the project meeting a Categorical Exemption. A Categorical Exemption from CEQA generally supports that a project is considered not to have potential impacts on the environment.

Outstanding items needed to complete the Biological Letter Report include additional field survey work, final mapping with additional data, the completion of the written analysis required in the Biological Letter Report to support a determination of no adverse impacts to biological resources, and a budget for ongoing coordination with the City.

Additionally, the City has requested HELIX perform a Cultural Resources Investigation and to prepare a Notice of Exemption document. The Notice of Exemption is required to document the City’s determination of Categorical Exemption from CEQA and is recorded with the San Diego County Clerk. Since this area is more likely to have cultural resources than other UUDs in the City due to the proximity of the San Dieguito Lagoon, this will be an important task to ensure the City has done the technical justification in accordance with CEQA to evaluate potential impacts to cultural resources. The CEQA Notice of Exemption would be prepared based on the conclusions of the biological study and Cultural Resources Investigation.

Lastly, staff is also recommending a contingency be added to capture any other unanticipated and required changes to the overall Task Order. HELIX provided a scope and fee to amend their Task Order in the amount of $34,088. The proposed Task Order Amendment is included as Attachment A, with the detailed scope of work and fee included as Exhibit A to the attachment.

PRIOR CITY COUNCIL REVIEW:

On July 12, 2021, the City Council approved a Task Order with HELIX Environmental to provide environmental services for the Crest Canyon Underground Utility District X1A Project.

FISCAL IMPACT:

There is no fiscal 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 to perform the Task Order work.

ENVIRONMENTAL IMPACT:

Pursuant to CEQA, the proposed actions have been analyzed and determined to be Statutorily Exempt pursuant to CEQA Guidelines Section 15262 because the proposed actions are necessary to prepare studies to assess the planning and feasibility of an undergrounding project. Any project developed as a result of the City Council’s action that 2 February 6, 2023 ITEM 04
City Council Agenda Report
Environmental Services for the Crest Canyon Underground Utility District X1A Project February 6, 2023

requires the City or the City Council’s discretionary approval resulting in a physical change to the environment will be analyzed in accordance with CEQA prior to such approval. The current City Council action in no way limits the exercise that discretion because the proposed actions do not have a legally binding effect on any possible future discretionary action.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

The X1A Undergrounding Project is a Tier 1 City Council priority project.

ATTACHMENTS:

Attachment A – HELIX Environmental Task Order Amendment Exhibit A to Attachment A – Environmental Scope of Work and Fee 3 February 6, 2023 ITEM 04
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us February 6, 2023 ATTACHMENT A
Helix Environmental Planning, Inc. SENT VIA EMAIL
Attn: Karl Osmundson/Andrea Bitterling
7578 El Cajon Blvd.

La Mesa, CA 91942
[email protected]
RE: TASK ORDER AMENDMENT & NOTICE TO PROCEED FOR THE CREST CANYON UNDERGROUNDING UTILITY DISTRICT X1A PROJECT (PO#58-00531) This Task Order (TO) Amendment and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Consulting Services Agreement between the City of Del Mar and HELIX Environmental Planning, Inc. (Consultant), the term for which is October 1, 2021 to September 30, 2024.

Consultant shall execute tasks related to the Crest Canyon Undergrounding Utility District X1A Project, as described in the Consultant’s proposal dated January 20, 2023, and included as Exhibit A to this Task Order. The project cost for this task order shall not exceed $34,088. The project schedule shall commence upon execution of this Task Order and be completed by August 11, 2023, to the satisfaction of the Planning Director, in accordance with the proposed Scope of Work included in Exhibit A.

The primary contact for this Task Order and invoicing is Jennifer Gavin, Associate Planner, who can be reached at [email protected] and (858) 793-6148.

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

Approved by: Accepted by:

City of Del Mar HELIX Environmental Planning, Inc.
_____________________________________ _______________________________________ Ashley Jones Date Andrea S. Bitterling Date
City Manager Planning Division Manager
cc: Jennifer Gavin, Associate Planner
Exhibit A: HELIX Environmental Scope of Work for Undergrounding Utility District X1A 4 February 6, 2023 ITEM 04
HELIX Environmental Planning, Inc.
7578 El Cajon Boulevard
La Mesa, CA 91942
619.462.1515 tel
619.462.0552 fax
www.helixepi.com
January 20, 2023 01197.00002.003
Ms. Jennifer Gavin
Ms. Karen Brindley
City of Del Mar
1050 Camino del Mar
Del Mar, CA 92014
SUBJECT: Additional Environmental Consulting Services for the Area X1A Undergrounding Project (PO Number 58-00531)
HELIX is submitting this request for a contract amendment to the original Purchase Order (PO) Number 58-00531 dated July 27, 2021 between HELIX Environmental Planning, Inc. (HELIX) and the City of Del Mar (City) for the City’s Area X1A Undergrounding (Project). This augment includes additional services performed as well as forthcoming services anticipated for the Project under Task 1 (Biological Letter Report) and Task 2 (Project Management and Meetings). As requested by the City, this augment also includes two new Optional Tasks: Task 3 (Cultural Resources Investigation) and (Task 4) CEQA Categorical Exemption, as well as a new task for a Contingency Fund (Task 99). The scope of work and cost breakdown is provided below.

SCOPE OF WORK (See attached)
CURRENT CONTRACT TOTAL $18,500
Task No. Task Name Cost ($)
1 Biological Letter Report 10,872
2 Project Management and Meetings 9,533
3 Cultural Resources Investigation (Optional Task) 6,170 4 CEQA Categorical Exemption (Optional Task) 2,513
99 Contingency (New Task) 5,000
Augment Total $34,088
TOTAL REVISED CONTRACT without Optional Tasks $38,905
TOTAL REVISED CONTRACT with Optional Tasks $52,588
Sincerely,
Karl Osmundson
Principal Biologist/Biology Group Manager

EXHIBIT A
5 February 6, 2023 ITEM 04
Contract Augment to Ms. Jennifer Gavin Page 2 of 5
January 20, 2023
I hereby authorize HELIX to continue work in accordance with this Augment and the original Terms and Conditions and Schedule of Fees.
___________________________
(Client)
By: ___________________________
Name
Title
Date: ___________________________
6 February 6, 2023 ITEM 04
Contract Augment to Ms. Jennifer Gavin Page 3 of 5
January 20, 2023

SCOPE OF WORK
Task 1 Biological Letter Report. Since the execution of the initial PO in July 2021, HELIX’s subconsultant, Busby Biological Services (Busby), has completed additional efforts beyond the initial PO scope of work anticipated for the Biological Letter Report for the Project. Busby has completed multiple field surveys across the X1A Project site and conducted several reviews of the Project plan sets provided by the Project team since the initial Project data provided and corresponding field survey completed in August 2021. The scope from the initial PO assumed a review of four assessment areas for the Project; whereas, the current review area for the Project encorporates approximately 78 utility poles, trenching alignments, utility boxes/features, retaining walls, and surrounding access and staging areas. Additionally, the data provided to HELIX and Busby by the Project team in August 2021 was found during the initial August 2021 field assessment to be incaccurate and missing information. Updated plans were provided to HELIX and Busby (most recently in November 2022), which included additional Project features, but was still found via subsequent field survey verification to be partially inconsistent/inaccurate compared to the field conditions. Overall and in general, Busby has incurred additional Geographic Information Systems (GIS) work, additional field survey work, and Project coordination/meetings that were not anticipated or included in the intial PO scope for this Task. The augment for this Task includes the additional efforts completed by Busby as well as anticipated forthcoming efforts to complete the Biological Letter Report. Details on the additional out of scope work performed and the anticipated forthcoming work remaining for this Task is discussed further in Busby’s scope of work attached to this augment.

Task 2 Project Management and Meetings. The original estimated budget for this task was expended as a result of additional unanticipated coordination between HELIX, the City, and the Project team. Under the initial PO, HELIX originally anticipated a total of ten (10) hours to coordinate and attend meetings with the City and Project team over a 3-month Project schedule. The Project has been on-going sporadically for the past 17 months, and to date, HELIX has collaborated extensively with the City and the Project team to confirm the Project work areas across area X1A as well as develop a scope of construction work means and methods to the level necessary for evaluation in the Biological Letter Report. Additionally, HELIX has participated in multiple meetings with the City, Project team, as well as meetings with electrical utility partners (SDG&E and AT&T). Overall, HELIX has incurred 38.50 hours under this task over the past 17 months (i.e., approximately 2 hours per month). HELIX anticipates the Project will extend for another nine months and will continue working with the City and Project team throughout this time to participate in as-needed correspondance/collaboration to finalize the Biological Letter Report, Cultural Resources Report, and CEQA Categorical Exemption for the Project. Thus, the augment for this task includes overrun incurred from extended coordination discussed above plus forthcoming additional efforts (18 hours; 2 hours per month) anticipated, for a total of 46.50 hours of HELIX Senior Biology Project Manager time.
7 February 6, 2023 ITEM 04
Contract Augment to Ms. Jennifer Gavin Page 4 of 5
January 20, 2023
Task 3 Cultural Resources Investigation (Optional Task). HELIX will complete a cultural resources assessment for the Project that will include the following: obtain and review the records search data from the South Coastal Information Center; conduct a review of historic aerial photographs; contact the Native American Heritage Commission to request a search of their Sacred Lands File to assist in the identification of any additional Native American resources that may not be included in the records search; and conduct a reconnaissance site visit to confirm existing conditions and assess subsurface archaeological potential. No tribal outreach will be performed for this task and this scope does not include the presence of a Native American monitor during the site visit. HELIX will prepare a cultural resources letter report describing the results of the assessment and recommendations. An electronic (.pdf format) draft of the report will be provided to the City for review and HELIX will revise letter, if needed, based on one review cycle from the City.

Task 4 CEQA Categorical Exemption (Optional Task). HELIX will prepare a Categorical Exemption (CE) to support the Project. The CE will be similar to the format and approach of the recently completed Tewa Court Tenth Street Undergrounding CE, consisting of a Notice of Exemption Form (NOE) addressing CEQA Guidelines Section 15302(d) Class 2 Replacement or Reconstruction and CEQA Guidelines Section 15302(d) Class 4 Minor Alterations to Land.

Using readily available information and incorporating information from technical assessments prepared for the Project, including cultural resources and biological resources, HELIX will prepare a draft NOE form for City review. The NOE form will provide approximately 1-2 pages of information supporting reasons why the Project is exempt. Upon receiving comments from the City, HELIX will finalize the NOE and file the NOE with the County Clerk. This scope of work assumes the City will reimburse HELIX for the $50 County Clerk filing fee and that the Project would be exempt from the California Department of Fish and Wildlife (CDFW) filing fee.

Task 99 Contingency Fund (New Task). A separate Contingency Fund will be established for the Project in the amount of $5,000. This fund will be utilized by HELIX as authorized by the City to enable HELIX to continue promptly responding to unanticipated requests as well as cover out-ofscope efforts directed by the City such as but not limited to conducting additional analysis and/or surveys, review of project documents prepared by others, cost estimates, and etc. This budget will only be used per City authorization.
8 February 6, 2023 ITEM 04
Contract Augment to Ms. Jennifer Gavin Page 5 of 5
January 20, 2023

ASSUMPTIONS AND LIMITATIONS
The following assumptions and limitations are a material component of this augment. • Terms, assumptions, and limitations presented in the original contract PO 58-00531 remain in effect. HELIX rates proposed in this augment reflect the Fee Schedule presented Exhibit B of the current as-needed services agreement with the City dated October 1, 2021. Busby’s labor rates in the augment reflect a Project Manager at $130 per hour, a Senior Biologist at $120 per hour, and a GIS Analyst at $110 per hour.
• Costs associated with public meetings, surveys/reporting/analysis not specifically described above, mitigation planning, or other (“additional work”) are not included within the scope of services required of HELIX under this augment.
• Once preparation of the reports/deliverables has begun, no additional changes to the project review area, project design, or construction methods will occur such that major revisions to the project description or re-analysis of any environmental issue will be required. • Any project changes, project design refinements, or additional work that must be completed in response to City or other review agency request, and which results in additional work or revision of any completed portion of the analyses or reports are not included and may require an augment.
• This augment assumes no hard copies of reports or deliverables to the City are necessary.

Electronic (.pdf) copies of reports and documents will be provided to the City for review, as applicable. HELIX will revise these deliverables based on a single set of comments provided by the City. Electronic versions of the final documents will be provided to the City. If the City or other Agency has additional comments or requests revisions beyond the labor allocated in this scope, those revisions are not included.
9 February 6, 2023 ITEM 04
________________________________________________________________________________ __________________________________________________________________________________________________________ Busby Biological Services, Inc. | 4629 Cass Street #192 | San Diego, CA 92019 | 858.334.9507 December 16, 2022
Mr. Thomas Liddicoat
Senior Project Manager
HELIX Environmental Planning
7578 El Cajon Boulevard
La Mesa, CA 91942
RE: Contract Amendment Request to Complete the Biological Resources Report for the Proposed City of Del Mar Undergrounding Project, City of Del Mar, San Diego County, California
Mr. Liddicoat:

Busby Biological Services, Inc. (BBS) has been working with HELIX Environmental Planning (HELIX) since summer 2021 to prepare a Biological Resources Report (previously called a Biological Letter Report) for the proposed City of Del Mar (City) Undergrounding Project (Project), per the scope of work date June 24, 2021. Since Project initiation, BBS has conducted a variety of out of scope services, which we have shared with you through discussions and/or emails. In support of this contract amendment request, we have prepared this letter to summarize the out of scope tasks performed to date, provide a current status of the Project, and to outline the additional tasks and funds needed to complete the Biological Resources Report for the Project.

OUT OF SCOPE SERVICES TO DATE
To date, BBS has performed out of scope services including tasks associated with Project data/Geographic Information Systems (GIS) work, field work, and Project coordination/meetings. These are briefly summarized, below.

1. Project Data/GIS Work:
• BBS’s scope of work stated:
• The City or HELIX will provide BBS with the most current GIS files for creation of field maps and to inform background research. • The City or HELIX will provide BBS with the Project description to inform background research and for inclusion in the Biological Letter Report.
• BBS will prepare field maps for use during the reconnaissance survey. • Complete Project feature data and a defined Project description were not available to BBS in August 2021 for the initial biological reconnaissance survey and during the initial report setup.
10 February 6, 2023 ITEM 04
________________________________________________________________________________ ______________________________________________________________________________________________________________________ Busby Biological Services, Inc. | 4629 Cass Street #192 | San Diego, CA 92019 | 858.334.9507 • Project feature data provided in November 2022 contained (1) new Project features that weren't included in the original Project feature data from August 2021; (2) extraneous data of non-Project related data and pole locations that needed to be eliminated; (3) inaccurate or missing CAD data for some pole locations, numbers, pole anchors, and support poles; (4) pole numbers that were not immediately apparent; and (5) Project features without clear identification of poles and overhead lines to be removed. • BBS has requested updated CAD files from KCM Group with accurate locations for several poles and staging areas, as identified in an email from BBS and HELIX to KCM Group and the City, dated December 6, 2022. • BBS typically assumes only a few hours for field map set up; however, it has been necessary for the GIS Analysts to spend unanticipated time sorting through and cleaning up the CAD data.
• GIS Analysts also spent unanticipated time uploading GIS information from the biological surveys to correct some of the incorrect data provided in the CAD files, specifically incorrect pole locations, and to update access route information for the existing dirt trail in the canyon.
• As described above, GIS Analysts also created additional figures to facilitate discussions during a Microsoft Teams meeting with HELIX, KCM Group, and the City on December 5, 2022.

2. Field Work:
• BBS’s scope of work included one biological reconnaissance survey and stated:
• If additional surveys are needed based on our initial reconnaissance survey, we will discuss these with HELIX and provide them under a separate contract/budget amendment.
• If the Project changes or if additional analysis is requested by the City, these items are not included in this proposal; however, BBS would be pleased to provide them under a separate contract/budget amendment.
• The majority of Project feature data provided in August 2021 did not correspond to actual pole locations, so extra time was taken to GPS accurate pole locations in the field during the initial biological reconnaissance survey.
• BBS determined that another field visit was necessary to survey and map vegetation at new Project features provided in the November 2022 data, verify existing vegetation mapping, and verify pole locations that seemed inaccurate from the previous field survey.
• During the November 2022 field visit, BBS noted a few areas that still seemed to have inaccurate CAD pole locations, several areas that didn't show CAD locations for pole anchors or support poles, and several inaccessible poles on private properties that need additional field verification. 11 February 6, 2023 ITEM 04
________________________________________________________________________________ __________________________________________________________________________________________________________ Busby Biological Services, Inc. | 4629 Cass Street #192 | San Diego, CA 92019 | 858.334.9507 • BBS has requested updated CAD files from KCM Group with accurate locations for several poles and staging areas, as well as access to several previously inaccessible poles and properties, as identified in an email from BBS and HELIX to KCM Group and the City, dated December 6, 2022. An additional field visit will be necessary to survey these Project features.

3. Project Coordination/Meetings:
• BBS’s scope of work stated:
• No meetings, agency coordination/consultation, or Project permitting are included.
• Since Project inception, BBS has had to attend several unanticipated meetings, and the Project has taken additional unanticipated coordination time with HELIX, KCM Group, City, and GIS Analysts because of the above unanticipated issues.

PROJECT STATUS
As discussed in a meeting between BBS and HELIX, KCM Group, and the City on December 5, 2022, BBS has prepared this proposed contract amendment for approval and will hold off on any more Project work until the updated CAD files are provided by KCM Group and this amendment is approved. To summarize, BBS is waiting for the following additional Project data and approvals, as requested by BBS and HELIX in an email to KCM Group and the City, dated December 6, 2022:
• KCM Group will determine if they need to use a Global Positioning Systems (GPS) unit to map the correct locations (for inclusion in the CAD base) of several additional poles as well as support poles and anchors. • Once the above is complete, KCM Group will provide to HELIX and BBS cleaned up CAD files of just the Project features associated with this Project. • KCM Group will provide locations of potential staging areas. • KCM Group will request access to properties with inaccessible poles and notify HELIX and BBS of dates for authorized access.

SCOPE OF WORK TO COMPLETE BIOLOGICAL RESOURCES REPORT
Once BBS receives the updated CAD files from KCM Group, BBS will prepare updated field maps to identify areas that require an additional site visit. BBS will coordinate with HELIX and KCM Group, as stated above, to obtain permission to access private property where needed and will conduct one follow up site visit to collect the data needed to update the existing conditions in the Biological Resources Report and to adequately analyze Project impacts.

Following the site visit, BBS will update the previously written existing conditions in the Biological Resources Report and will update the previously prepared report 12 February 6, 2023 ITEM 04
________________________________________________________________________________ ______________________________________________________________________________________________________________________ Busby Biological Services, Inc. | 4629 Cass Street #192 | San Diego, CA 92019 | 858.334.9507 figures to reflect the additional data obtained in the field. At this time, BBS will have the information required to adequately analyze potential Project impacts and discuss potential mitigation, if required.

BBS will provide HELIX with a draft Biological Resources Report for review and comment, within approximately 4 weeks of receiving the CAD files from KCM Group, approval to access private properties (as-needed), or approval of the contract amendment, whichever occurs last. Once comments have been received on the draft report, BBS will revise the report and provide HELIX with a revised draft Biological Resources Report to submit to the City for review and comment. Once comments have been received, BBS will revise and finalize the report.

The cost estimate includes the following assumptions:
• KCM Group will provide BBS with the most current CAD files for creation of field maps, to inform background research, and to assist with the remaining field work. These files will not require any GIS manipulation or analysis but will be easily transferable onto the field maps and Biological Resources Report figures.
• One additional field visit will be required to survey previously inaccessible properties and poles.
• No changes to the previous Project description are included. • No focused surveys are included in this amendment request. However, if these are required, BBS would be pleased to provide them under a separate contract/budget amendment.
• If the Project changes or if additional analysis is required, these items are not included in this amendment request; however, BBS would be pleased to provide them under a separate contract/budget amendment. • One round of revisions per HELIX comments are included. • One round of revisions per City comments are included. • Additional rounds of comments would be covered under a separate contract/budget amendment.
• Up to 8 hours of meetings and Project coordination are included for the BBS PM and Lead Biologist.
• No agency coordination/consultation or Project permitting are included.

COST AMENDMENT REQUEST
BBS is requesting a contract amendment is the sum of $9,884 to cover the $801 that we have incurred above the originally approved budget as well as $9,083 needed to complete the remaining Scope of Work, as described above. BBS will bill you on a Time & Materials basis, which means we will only bill you for the hours and direct costs required to perform the services described above, not to exceed $9,884. Our current hourly labor rates are as follows: Project Manager ($130/hour), Senior Biologist ($120/hour), and GIS Analyst ($110/hour). 13 February 6, 2023 ITEM 04
________________________________________________________________________________ __________________________________________________________________________________________________________ Busby Biological Services, Inc. | 4629 Cass Street #192 | San Diego, CA 92019 | 858.334.9507 This scope of work includes only the tasks discussed above. However, should additional tasks outside of those described in the above scope of work be required for the Project, BBS would be pleased to provide these services under a separate contract/budget amendment.

Please do not hesitate to contact me at [email protected] or 858.334.9507 if you have any questions.

Sincerely,
Melissa Busby
Owner/Principal Biologist
14 February 6, 2023 ITEM 04
________________________________________________________________________________ ______________________________________________________________________________________________________________________ Busby Biological Services, Inc. | 4629 Cass Street #192 | San Diego, CA 92019 | 858.334.9507

INVOICES
LABOR ODCs
GRAND
TOTAL
PM/Ltr
Prep Sr Bio GIS
TOTAL mileage TOTAL
$130 $120 $110 $0.625

8/1/21 to 8/31/21
Hours/Units 4.25 12 9 25.25 33 33 $3,001 Total Cost $552.50 $1,440.00 $990.00 $2,982.50 $18.48 $18.48 9/1/21 to 9/30/21
Hours/Units 0 2.25 0 2.25 0 0 $270 Total Cost $0.00 $270.00 $0.00 $270.00 $0.00 $0.00 10/1/21 to 4/30/22
Hours/Units 1.75 1.75 0 3.5 0 0 $438 Total Cost $227.50 $210.00 $0.00 $437.50 $0.00 $0.00 5/1/22 to 5/31/22
Hours/Units 1.5 0 0 1.5 0 0 $195 Total Cost $195.00 $0.00 $0.00 $195.00 $0.00 $0.00 11/1/22 to 11/30/22
Hours/Units 3.25 53 22 78.25 74 74 $9,249 Total Cost $422.50 $6,360.00 $2,420.00 $9,202.50 $46.25 $46.25 12/1/22 to 12/6/22
Hours/Units 0.75 11 3 14.75 0 0
$1,748 Total Cost $97.50 $1,320.00 $330.00 $1,747.50 $0.00 $0.00 Total Hours/Units To Date 11.5 80 34 125.5 107 107
$14,900
Total Cost To Date $1,495.00 $9,600.00 $3,740.00 $14,835.00 $64.73 $64.73 Budgeted Hours/Units 56 38 20 114 100 100
$14,099
Total Budget $7,280.00 $4,560.00 $2,200.00 $14,040.00 $58.50 $58.50 Amount Over as of
12/6/22 $801
Additional Hours Needed 14 49 12 75 100 100
$9,083
Additonal Budget Needed $1,820.00 $5,880.00 $1,320.00 $9,020.00 $62.50 $62.50 15 February 6, 2023 ITEM 04
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Councilmembers Dave Druker and Terry Gaasterland, Council Liaisons to the Undergrounding Project Advisory Committee
Prepared by Nestor Machado, Management Analyst
DATE: February 6, 2023
SUBJECT: Recommended Undergrounding Project Advisory Committee Charter Amendments and Appointments
REQUESTED ACTION/RECOMMENDATION:

The Undergrounding Project Advisory Committee (UPAC) Council liaisons recommend that the City Council: 1) Adopt the Resolution (Attachment A) expanding the UPAC membership from five (5) to seven (7) voting members and removing the prohibition for UPAC members to concurrently serve on the Measure Q Committee; and 2) Appoint Thomas McGreal, Shirli Weiss, and Michael Minter as voting members of UPAC to serve full three-year terms starting February 6, 2023, and ending on February 28, 2026.

DISCUSSION/ANALYSIS:

UPAC works with the Utility Undergrounding Project (UUP) team to ensure the citywide utility undergrounding project moves forward in a timely manner and UUP goals and tasks are achieved, and assists with evaluating ongoing project success and lessons learned and makes recommendations for adjustments as necessary.

Due to the COVID-19 pandemic, UPAC has not met since March 2020. On January 9, 2023, the City Council took actions to restart UPAC including revising the committee’s charter and directing staff to solicit Citizen Interest Forms from residents interested in serving on the committee. The first UPAC meeting since the pandemic is scheduled for February 16, 2023.

UPAC Charter Amendments
Due to the high level of community interest in the UUP, the UPAC Council liaisons recommend that the City Council adopt the Resolution (Attachment A) increasing the Committee membership from five (5) to seven (7) voting members.

Additionally, UPAC’s charter as originally drafted precludes concurrent service on UPAC and the Measure Q Citizen Advisory Committee. This prohibition was enacted in an 1 February 6, 2023 ITEM 05
City Council Staff Report
UPAC Charter Revisions and Committee Appointments
February 6, 2023

abundance of caution when UPAC was formed in 2017. However, now that the City has a better understanding of the role and scope of each advisory committee, staff worked with the City Attorney’s Office to conduct a conflict analysis. The City Attorney’s Office has advised that due to the advisory nature of both committees, there is no inherent conflict precluding a resident from serving concurrently on the committees.

As such, it is recommended that the City Council adopt the Resolution (Attachment A) amending the UPAC Charter membership provisions as described above and shown in Exhibit A to Attachment A. A redlined version of the charter reflecting the recommended changes is included with this report as Attachment B.

UPAC Appointments
Staff solicited applications to serve on UPAC and received three Citizen Interest Forms during the recruitment period from Thomas McGreal, Shirli Weiss, and Michael Minter (Attachment C). The Council liaisons to the Committee have reviewed the applications and recommend that the City Council appoint Thomas McGreal, Shirli Weiss, and Michael Minter as voting members to serve full three-year terms effective February 6, 2023, and ending on February 28, 2026.

If the recommended charter revisions and appointments are approved by the City Council, the Committee will have a full roster of seven (7) voting members. A copy of the current Committee roster is included as Attachment D.

FISCAL IMPACT:

There is no fiscal impact or action 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
Attachment C – Redacted Citizen Interest Forms
Attachment D – UPAC Roster
2 February 6, 2023 ITEM 05
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, TO EXPAND THE MEMBERSHIP OF THE

UNDERGROUNDING PROJECT ADVISORY COMMITTEE FROM

FIVE VOTING MEMBERS TO SEVEN VOTING MEMBERS AND

AMENDING THE CONCURRENT MEMBERSHIP

REQUIREMENTS
WHEREAS, the City Council formed the Undergrounding Project Advisory Committee (UPAC) on December 4, 2017, to advise the City Council on topics and issues related to the Citywide undergrounding project; and
WHEREAS, on January 9, 2023, the City Council adopted Resolution 2023-01 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
WHEREAS, the City Council now desires to increase the Committee membership from five (5) voting members to seven (7) voting members; and WHEREAS, residents have been precluded from serving on the Measure Q Citizen Oversight Committee and UPAC simultaneously; and
WHEREAS, it has been determined that no legal conflict exists that would preclude members from serving on the Measure Q Citizen Oversight Committee and UPAC concurrently; and
WHEREAS, the City Council wishes to amend the UPAC Charter to expand the committee’s membership from five (5) to seven (7) voting members and to revise the charter to allow concurrent service on the Measure Q Citizen Oversight Committee and UPAC.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that Resolution No. 2023-01 be repealed in its 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 6th day of February 2023. ___________________________
Tracy Martinez, Mayor
City of Del Mar
3 February 6, 2023 ITEM 05
Resolution No. 2023-XX

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

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, 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 6th day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
4 February 6, 2023 ITEM 05

UNDERGROUNDING PROJECT ADVISORY COMMITTEE CHARTER
Mission & Work Program:

The Undergrounding Project Advisory Committee (Committee) works with the City’s Utility Undergrounding Project (UUP) team 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 seven (7) Del Mar residents, all of which will be voting members.

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; 2023-01; 2023-01; 2023-XX
5 February 6, 2023 ITEM 05

UNDERGROUNDING PROJECT ADVISORY COMMITTEE CHARTER
Mission & Work Program:

The Undergrounding Project Advisory Committee (Committee) works with the City’s Utility Undergrounding Project (UUP) teamUndergrounding 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) seven (7) 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; 2023-01.; 2023-XX
6 February 6, 2023 ITEM 05

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

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

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

BS Accounting, Bentley college
MBA, Babson College
Relevant Experience (job or volunteer etc.):
7 February 6, 2023 ITEM 05

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law Executive in Financial Services industry for 30 years
Name all of the Del Mar Committees/Boards/Commissions that you now serve on:

Measure Q Oversight Committee since inception
Pension subcommittee of Finance Committee
Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:

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

NAME STREET NAME (no house
number)
Phone Number
Joe Sullivan Ocean Front
Alan Lonbom Stratford Park Circle
Judd Halenza 15th St
Residency
Month Year
I have been a resident of California since: April 1984 to 1992 I have been a resident of San Diego County since: June 1998 I have been a resident of Del Mar since: June 1998
Are you a full-time or part-time resident of Del Mar? ☒ Full-time ☐ Part-time
Is Del Mar your primary place of residence? ☒ Yes ☐ No
Are you a register voter in Del Mar? ☒ Yes ☐ No
Del Mar Community Connections, Board Member 6 years and past President Chairman’s Roundtable 15 years, past Board member and Mentor 8 February 6, 2023 ITEM 05

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

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

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

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

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

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

What aspects of the City’s finances most interest you and why? 9 February 6, 2023 ITEM 05

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

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

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

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

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

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

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

What aspects of the City’s parks and recreation most interest you and why? 10 February 6, 2023 ITEM 05

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

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

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

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

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

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

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

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

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

Geographic diversity is desirable and will be taken into account. What part of town do you live in? Check the neighborhood map to verify your neighborhood.
☐ North Bluff ☐ North Beach
☒ South Beach ☐ Village Center
☐ South Bluff ☐ South Hills
☐ North Hills ☐ Valley
11 February 6, 2023 ITEM 05

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

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

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

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

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

Thomas K McGreal
Signature Date January, 19, 2023
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.

No
Project planning and maintaining a project model that correlates revenues / funding sources and projected costs for the project over time.

Please note that I am prepared to resign my position on the Measure Q Oversight Committee, if it is required in order to join UPAC.
12 February 6, 2023 ITEM 05
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18 February 6, 2023 ITEM 05
City of Del Mar
1050 Camino Del Mar
Del Mar, CA 92014‐2698
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

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

CITIZEN INTEREST FORM
Last Name First Name Middle Initial

Home Street Address City, State

Business Street Address (if applicable) City, State

Home Phone Number   Business Phone Number E‐mail Address I am interested in serving on the following Board(s) or Commission(s) in order of preference (indicate 1st, 2nd choice, etc.):

Design Review Board1
Planning Commission2
Sustainability Advisory Board     Traffic and Parking Advisory Committee Parks and Recreation Committee     Finance Committee
San Dieguito Lagoon Committee     Business Support Advisory Committee Sea‐Level Rise Stakeholder Technical
Advisory Committee
Shores Advisory Committee
Ad‐Hoc Development Review Process
Citizens’ Advisory Committee
Other(s) (please indicate):

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

Education:

Job Experience:

Minter Michael G
Del Mar, CA
x Undergrounding Project Advisory Committee
BA - University of Texas at Austin
20+ Years in Insurance and Technology
Burying our utility lines is a significant undertaking for the City and will substantially improve the aesthetics of Del Mar and significantly reduce the wildfire risk. As a resident living within the recently completed Tewa/10th street project, I may be the greatest beneficiary of the project and would like to reciprocate. Also, I watched the project closely and believe I gained some insights that would be beneficial to serving on the committee. 19 February 6, 2023 ITEM 05
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

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

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

Have you ever applied for a Del Mar Committee and not been appointed? Yes No If Yes, what Committee and When?
Please list three Del Mar residents who can provide a reference:

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

I have been a resident of San Diego County since:

I have been a resident of Del Mar since:

I am a registered voter in Del Mar: Yes No

1. All members of the Design Review Board shall be persons who by experience, training, education or occupation have demonstrated talent and interest in developing the aesthetics of environmental design within the framework of practical considerations. Members must be a registered voter in Del Mar and shall serve without compensation.

2. The Planning Commission shall perform such duties as may be specified by ordinance or resolution of the City Council or by law. Further, the Planning Commission shall study and report to the City Council upon any matter referred to it for such action by the City Council, and shall keep the City Council currently advised of all matters pending, and shall furnish any specific information, reports or materials which the City Council may request. The Planning Commission shall consist of five members who shall be qualified electors of the City. Members of the Planning Commission must be registered voters in Del Mar and shall receive no compensation for their services.

The Del Mar Municipal Code requires that all members of its committees file Conflict of Interest Statements with the Administrative Services Director in conformance with the Fair Political Practices Commission. By signing below, I am acknowledging that I have received a copy of the Del Mar Resolution(s) and/or Ordinance describing the committee for which I am applying.

RETURN COMPLETED FORM TO:

City of Del Mar
Administrative Services Department
1050 Camino del Mar
Del Mar, CA 92014
Signature
Date
Finance Committee
January 2021
January 2021
January 2021
01/16/2023
Ryan Flynn
Warren Speiker
Brian Porter
Avenida Primavera
10th Street
Stratford Ct
20 February 6, 2023 ITEM 05
City of Del Mar
Undergrounding Project Advisory Committee
Appointing Authority City Council
Position Voting Member
Wade H Walker
1st Term Apr 21, 2020 - Mar 01, 2025
Appointing Authority City Council
Position Vice Chair
Jim Hindman
1st Term Mar 19, 2018 - Mar 01, 2025
Appointing Authority City Council
Position Voting Member
Amy A Cheshire
1st Term Apr 21, 2020 - Mar 01, 2025
Appointing Authority City Council
Position Voting Member
Steven Voss
1st Term Mar 19, 2018 - Mar 01, 2025
Appointing Authority City Council
Position Voting Member
Vacancy
Board Roster
Undergrounding Project Advisory Committee Page 1 of 1
21 February 6, 2023 ITEM 05
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
Prepared by Jennifer Gavin, Associate Planner
DATE: February 6, 2023
SUBJECT: Tentative Tract Map TTM18-004, Extension of Time A Request for a Three-Year Extension of Time For an Eight-Lot Subdivision Reconfiguration of 18.1 acres known as “La Atalaya” Applicant/Owner: La Atalaya, LLC
Assessor Parcel Numbers (APNs): 299-200-65-00, 299-261-43-00, 299- 261-42-00, 299-261-14-00, 299-192-24-00, 299-200-64-00, 299-200-62-00, and 299-200-63-00
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council adopt the Resolution approving a three-year extension of Tentative Tract Map TTM18-004 (Attachment A).

BACKROUND:

The subject eight parcels (property) are located on a total of 18.1 acres south of San Dieguito Road, north of Zapo Street, east of Gatun Road, and west of Serpentine Drive (Attachment B – Vicinity Map). The property is designated North Hills District in the Community Plan and is zoned R1-40 with Bluff, Slope and Canyon, Open Space, and Lagoon Overlay Zone designations. Two of the existing lots are developed with a singledwelling unit while the remaining six are vacant. Surrounding uses are single-family residential in character.

PRIOR CITY COUNCIL REVIEW:

On February 1, 2021, as recommended by the Planning Commission, the City Council held a public hearing and approved the project, which includes a Tentative Tract Map (TTM18-004), Conditional Use Permit (CUP18-004), and Coastal Development Permit (CDP18-016) to allow the reconfiguration of eight existing legal lots to eight different legal lots and associated access improvements. Pursuant to City ordinance, the map was approved for twenty-four months and expires on February 1, 2023. 1 February 6, 2023 ITEM 06
City Council Agenda Report
TTM18-004 Extension of Time
February 6, 2023

The City Council resolution approving TTM18-004, CUP18-004, and CDP18-016 has been included as Attachment C. A copy of the approved Tentative Tract Map has been included as Attachment D.

DISCUSSION/ANALYSIS:

The applicant is requesting an Extension of Time (EOT) for TTM18-004. Pursuant to the Subdivision Map Act Government Code Section 66463.5(c), the map is automatically extended for a period of 60 days or until City Council approval (whichever is sooner) since the applicant requested the extension prior to the expiration of the map.

The Tentative Tract Map (TTM) approval is a two-step process. The first step involves conditional approval of a “Tentative” Tract Map (TTM18-004), and the second step is the approval of a final “Parcel” Map (PM), which also requires approval by the City Council. At that time, the City Council is required to approve the Parcel Map if it is found to be in conformance with the previously approved TTM and all conditions of approval have been completed to the satisfaction of the City Engineer and Planning Department. The applicant for TTM18-004 has yet to complete conditions of approval in order to request the final PM.

The applicant is requesting a three-year Extension of Time (EOT) for the approved Tentative Parcel Map for TTM18-004 due to constraints brought on by the COVID-19 pandemic. If the City Council grants an EOT, the new expiration date for TTM18-004 would be February 6, 2026. An approved EOT would allow the applicant additional opportunity to satisfy the conditions outlined in the attached resolution (Attachment C).

The conditions of approval in the attached resolution for the requested EOT are the same as those included in the previously approved City Council Resolution No. 2021-

05. Although specific findings for the approval of an EOT request are not specified in Del Mar Municipal Code (DMMC) Title 24 (Subdivisions) or in the Subdivision Map Act, a finding that “there has been no material change in circumstances since the original approval of the application” is generally used in the approval of an EOT request. Staff has found that there has been no change in circumstances since the approval of TTM18-004 and the Tentative Tract Map meets all requirements of DMMC Title 24.

FISCAL IMPACT:

There is no fiscal impact or action to be taken by the City Council related to this agenda item. This is a private development proposal, and all fees associated with the project processing have been paid by the applicant. Additionally, all costs associated with any future development of the subdivision, including required public improvements, would be paid by the applicant or future owners of the subdivided lots. 2 February 6, 2023 ITEM 06
City Council Agenda Report
TTM18-004 Extension of Time
February 6, 2023

HOUSING IMPACT STATEMENT:

This action would have no impact on housing as the TTM does not propose any loss of existing units nor buildable lots.

ENVIRONMENTAL IMPACT:

The project is within the scope of the Mitigated Negative Declaration (MND) adopted by the City Council for the Tentative Tract Map. The MND includes a Mitigation Monitoring and Reporting Program (MMRP) for the proposed project that includes measures to ensure conformance with the applicable provisions of the Community Plan, Local Coastal Program, and Del Mar Municipal Code. There has been no material change in circumstances nor new environmental information or documentation presented in review of the extension of time revealing any new unidentified environmental impacts that had not been previously mitigated. Therefore, pursuant to the California Environmental Quality Act (CEQA), no new environmental clearance is required for the requested Tentative Tract Map Extension of Time.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

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

Attachment A – Adopting City Council Resolution TTM18-004 Extension of Time Attachment B – Vicinity Map
Attachment C – City Council Resolution TTM18-004 (Resolution No. 2021-05) Attachment D – Tentative Tract Map 18-004
3 February 6, 2023 ITEM 06
RESOLUTION NO. 2023- xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR

APPROVING A THREE YEAR EXTENSION OF TIME FOR A TENTATIVE TRACT MAP (TTM18-004 EOT.) TO SUBDIVIDE EIGHT LOTS
TOTALING APPROXIMATELY 18.1 ACRES OF LAND KNOWN AS “LA
ATALAYA” INTO EIGHT RECONFIGURED LOTS SOUTH OF SAN

DIEGUITO DRIVE, NORTH OF ZAPO STREET, EAST OF GATUN
STREET, AND WEST OF SERPENTINE DRIVE; TO MAKE RELATED
ROADWAY AND UTILITY IMPROVEMENTS; IN THE CITY OF DEL

MAR, CALIFORNIA
WHEREAS, La Atalaya, LLC (Applicant) is the owner of real property commonly referred to as “La Atalaya” identified by Assessor Parcel Numbers (APNs) 299-200-65- 00, 299-261-43-00, 299-261-42-00, 299-261-14-00, 299-192-24-00, 299-200-64-00, 299-200-62-00, and 299-200-63-00; and
WHEREAS, on January 12, 2021 the Planning Commission recommended approval of Tentative Tract Map (TTM18-004) to City Council in conjunction with Conditional Use Permit (CUP18-004), and Coastal Development Permit (CDP18-016) at a duly advertised public hearing held in the manner prescribed by law; and WHEREAS, on February 1, 2021, the City Council of the City of Del Mar after conducting a hearing in the form and manner required by law and, following the public hearing, conditionally approved Tentative Tract Map application TTM18-004 and Mitigated Negative Declaration (State Clearinghouse (SCH) #2020100558); and WHEREAS, the Applicant applied for an additional Extension of Time for Tentative Tract Map (TTM18-004), as provided for by the City of Del Mar Municipal Code and the Subdivision Map Act; and
WHEREAS, the Subdivision Map Act California Government Code §66463.5(c) states that, “upon application of the subdivider, filed prior to the expiration date of the approved or conditionally approved tentative map, the time at which the map expires may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years.”; and
WHEREAS, the project is within the scope of the adopted Mitigated Negative Declaration (SCH #2020100558), pursuant to the California Environmental Quality Act (CEQA); and
WHEREAS, the applicant proposes to file a Final Parcel Map of said subdivision.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California that the Extension of Time for Tentative Tract Map, TTM18-004 EOT, be approved, based upon the following findings:
4 February 6, 2023 ITEM 06
Resolution No. 2023-XX

a. There has been no material change in circumstances since the original approval of the Tentative Tract Map.
b. The proposed map meets all of the requirements of the Subdivision Map Act and the Del Mar Subdivision Ordinance.
c. he proposed map meets all applicable provisions of the Del Mar Municipal Code.
d. The project is within the scope of the adopted Mitigated Negative Declaration pursuant to the California Environmental Quality Act, in that no new environmental information or documentation was presented in review of the requested time extension revealing any new unidentified environmental impacts which had not been previously mitigated. Therefore, pursuant to the California Environmental Quality Act (CEQA), no additional environmental clearance is required for the requested time extension and project will rely upon the previously adopted Mitigated Negative Declaration.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the approval is subject to the following conditions:

1. The applicant shall abide by all previous conditions associated with TTM18- 004 and Mitigated Negative Declaration (SCH #2020100558).

2. TTM18-004 EOT shall expire on February 6, 2026
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held the 6th day of February, 2023 ____________________________
Tracy Martinez, Mayor
City of Del Mar
5 February 6, 2023 ITEM 06
Resolution No. 2023-XX

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

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, Sarah Krietor, 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 2023-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 6th day of February 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Sarah Krietor
Administrative Services Manager/City Clerk
City of Del Mar
6 February 6, 2023 ITEM 06
Vicinity Map La Atalaya
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18 No. 36190
Exp. 6/30/22 REGISTERED PROFESSIONAL ENGINEER STATE OF CAL I FORNIA RANDY R. BRO N C I V I L W * TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007
CONSULTING ENGINEERS * * ********
18 ** ****
19 19 ****
40 February 6, 2023 ITEM 06
M A P N O 1 5 9 2 M A P N O 1 3 4 3
LOT B BLK 37 MAP NO. 1343
M A P N O 1 5 9 2 M A P N O 1 3 4 3 R O S 1 2 2 2 0
PAR 4 OPEN SPACE PAR 4 OPEN SPACE
BLK 12 MAP NO. 1343 LOT 'V'
R O S 1 234 0
N
CERT OF COMPL. PAR NO 3
CERT OF COMPL. PAR NO 1
1 1
1 14
15 2
3 17
18 TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007

CONSULTING ENGINEERS
No. 36190
Exp. 6/30/20

REGISTERED PROFESSIONAL ENGIN
E
ER

STATE OF CAL I FORNIA
RANDY R. BRO
N

C I V I L
W
41 February 6, 2023 ITEM 06
20' WIDE ALLEY (UNIMPROVED)
M A P N O 1 5 9 2 M A P N O 1 3 4 3
R O S 1 7 1 0 9
PAR 4 OPEN SPACE
R O S 1 234 0 N
CERT OF COMPL. PAR NO 2 1
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2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007

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Exp. 6/30/20 REGISTERED PROFESSIONAL ENGINEER STATE OF CAL I FORNIA RANDY R. BRO N C I V I L W TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007

CONSULTING ENGINEERS
19 43 February 6, 2023 ITEM 06
TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007

CONSULTING ENGINEERS
No. 36190
Exp. 6/30/20

REGISTERED PROFESSIONAL ENGIN
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STATE OF CAL I FORNIA
RANDY R. BRO
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C I V I L
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SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007

CONSULTING ENGINEERS
No. 36190
Exp. 6/30/20

REGISTERED PROFESSIONAL ENGIN
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STATE OF CAL I FORNIA
RANDY R. BRO
N

C I V I L
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45 February 6, 2023 ITEM 06
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Clem Brown, Assistant City Manager
Via Ashley Jones, City Manager
DATE: February 6, 2023
SUBJECT: Approval of the 2032 Legislative Policy Guidelines REQUESTED ACTION/RECOMMENDATION:

Staff requests that the City Council approve proposed changes to the City’s Legislative Policy Guidelines (Attachment A) for 2023.

BACKGROUND
In 2011, the City Council adopted Legislative Policy Guidelines (Guidelines) to allow the City to take appropriate positions on state and federal legislative and administrative issues that affect the City of Del Mar. The Guidelines are brought forward to the City Council annually for review early in the calendar year, and are intended to comprehensively identify and memorialize the City’s positon on a broad spectrum of issues. The most recent revisions to the Guidelines were adopted on February 22, 2022.

The Guidelines assist the City Council in representing the City in state and federal advocacy and provide guidance to Council Members who may be called upon by regional, state, and federal officials, or their staff, to represent the City of Del Mar on a wide range of policy issues.

The Guidelines allow the City Council to take the following actions:
 Bring forward a proposed revision to the Guidelines (by two Council Members);  Advocate in support or opposition of legislation in accordance with the Guidelines;  Take a position on a matter in accordance with the Guidelines;  Represent the City on issues outlined in the Guidelines;  Bring periodic updates to Council on important legislative issues; and/or  Seek support for City policy at all levels of the federal and state government, including administrative departments.
1 February 6, 2023 ITEM 07
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2023 Legislative Policy Guidelines
February 6, 2023

For issues not addressed in the Guidelines, or if there are mitigating factors where the City Council may want to take a position different from those indicated in the Guidelines, the issue shall be considered by the entire City Council for direction.

DISCUSSION/ANALYSIS
Proposed Changes to the Council Legislative Guidelines
In preparation for the approval of the 2023 Guidelines, staff sought feedback from staff, the City’s legislative affairs consultant, Townsend Public Affairs (TPA), and the City Council. Based on feedback from TPA and City Council, minor redline revisions are proposed for the Guidelines as shown in Attachment A.

Staff and TPA are recommending to add the following language to the Guidelines:
 Support efforts to create financing options to help local governments encourage sensible affordable housing development (I.B. Long-Term Financing of Local Agencies).
 Support efforts that would authorize local governments to participate in revenue sharing agreements with federal, state, and local agencies, as well as non-profits and community-based organizations (I.C. Revenue, Fees and Taxes).

In addition, staff seeks City Council direction on whether to incorporate the following positions into the guidelines as recommended by Councilmember Worden:
 Support the 2021 adopted SANDAG Regional Transportation Plan and its program to relocate the rails from the Del Mar bluff to an appropriate inland location (IV.A. Transportation).
 Support legislation to study and encourage offshore wind resources where feasible (IV.I. Energy)
Staff requests that the City Council review the proposed changes and recommendations, including the items for consideration offered by Councilmember Worden, and approve them or provide further direction.

FISCAL IMPACT:

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

PRIOR CITY COUNCIL REVIEW:

February 6, 2022 – City Council adopted revisions to the 2021 Legislative Policy Guidelines.

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because 2 February 6, 2023 ITEM 07
City Council Agenda Report
2023 Legislative Policy Guidelines
February 6, 2023

it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

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

ATTACHMENTS:

Attachment A – Proposed Changes to the 2023 Legislative Policy Guidelines 3 February 6, 2023 ITEM 07
2022 2023 LEGISLATIVE

POLICY GUIDELINES
APPROV ED FEBRUARY 22 6 , 202 2 202 3

C I T Y O F D E L M A R
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2022 2023 LEGISLATIVE POLICY GUIDELINES
1 INTRODUCTION
The following guidelines shall be utilized by the City to take appropriate positions regarding both State of California and federal legislative and administrative issues that affect the City of Del Mar.

The guidelines are to define City Council approved positions and to assist the City Council and staff in pro-active advocacy and in responding to various issues as they arise so that the City response may be timely, clear, and consistent with City Council direction. The guidelines are also to guide the official positions of Council Members that represent the City on regional and/or local government bodies and in making public statements reflecting City positions. At any time, any two Council Members may recommend changes to the Legislative Policy Guidelines. Individual Council Members retain the right to state personal positions different from these adopted guidelines but only when such statements are identified as a personal expression differing from adopted City positions.

When a legislative matter arises that is addressed in these guidelines, City staff may prepare a letter for the Mayor’s signature taking a position on the matter in accordance with these guidelines. For issues not addressed in these guidelines, or if there are mitigating factors where the City Council may want to take a position different from those indicated in these guidelines, the issue shall be considered by the City Council for direction.

As needed, any two Council Members can provide periodic updates of important legislative issues to the City Council at regular City Council Meetings. The City Council will then have the opportunity to approve a position statement on the issues. The City Council will review the Legislative Policy Guidelines annually to recommend changes prior to the beginning of each legislative session.

If for some reason there is a conflict between City Council adopted goals and these legislative policies, the adopted goals shall supersede these policies.

Guiding Principles
I. Preserve Local Control and Governance
Preserve and protect the City’s authority, duties, and prerogatives to enact local legislation and policy direction concerning local affairs. Oppose legislation that preempts local authority and advocate for the preservation of the City’s ability to raise revenue and provide vital services for its residents.

II. Promote Fiscal Stability
Support measures that promote fiscal stability, predictability, financial solvency, and preserve the City’s revenue base. Maintain maximum control over local government budgeting while opposing measures that shift local funds to the county, state, or federal governments to implement unfunded mandates and other regulatory costs.

III. Support Funding Opportunities for Projects Consistent with City Goals 5 February 6, 2023 ITEM 07

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2 Support funding opportunities that allow the City to compete for its fair share of regional, state, and federal funding. Support funding for programs consistent with City goals including but not limited to economic development, infrastructure development, housing, transportation, air quality, climate change, sustainability, water quality, parks and recreation, fairgrounds, hazard mitigation, public safety, and public health.

Support efforts to strengthen, modernize, and provide funding for local emergency response and preparedness capacities.

Support ongoing investments from the State and Federal governments to allow the city to effectively respond to public health emergencies.

Support legislation and budgetary measures that provide funding for local governments to beautify their communities and remove trash and debris. 6 February 6, 2023 ITEM 07

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3 TABLE OF CONTENTS
I. LOCAL GOVERNMENT FINANCE
A. State-Federal Mandated Programs 4
B. Long Term Financing of Local Agencies 4
C. Revenue, Fees and Taxes 4
D. Procurement 5
E. Public Health Relief Measures 5
II. GENERAL GOVERNMENT
A. Workers’ Compensation 5
B. Unemployment Compensation 5
C. Labor Relations 6
D. Pension Reform 6
E. Elections 6
III. PUBLIC PROTECTION
A. Crimes 7
B. Drugs 7
C. Fire Protection 7
D. Homeland Security 8
E. Homelessness 8
F. Aircraft Noise 8
IV. TRANSPORTATION AND PUBLIC WORKS
A. Transportation 8
B. Solid Waste and Recycling 10
C. Public Works 11
D. Utilities Undergrounding 11
V. RESOURCES AND ENVIRONMENT
A. California Environmental Quality Act 11
B. Offshore Drilling 11
C. Waterfront 11
D. Water 12
E. Storm Drain and Sewer 12
F. Regional Growth Management 12
G. Air Quality 12
H. Wetlands 13
I. Energy 13
J. Land Use 13
K. Sea-level Rise and Climate Change 14
VI. RECREATION
A. Funding 15
VII. CITY – 22ND DISTRICT AGRICULTURAL ASSOCIATION RELATIONS A. Jurisdiction and Land Use 15
B. Housing 15
C. Financial Relations 16
D. Events 16
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4 I. LOCAL GOVERNMENT FINANCE
A. State-Federal Mandated Programs

1. Support legislation requiring the State and Federal Government to provide full cost reimbursement to cities for all mandated programs and for all programs resulting in revenue losses.

2. Oppose any measure that mandates procedures (such as maintenance-of-effort) that would make local government more dependent on the State for financial stability.

3. Support legislation that further protects local government revenue from being taken, confiscated, shifted, diverted, or otherwise used to fund State government operations and responsibilities.

B. Long-Term Financing of Local Agencies

1. Support legislation to stabilize local government financing, to increase funding to local agencies and to permit the most cost-efficient management of state-mandated programs.

2. Support enhancement of Community Development Block Grant and other Federal funding.

3. Support efforts to create financing options to help local governments encourage sensible affordable housing development.

C. Revenues, Fees and Taxes

1. Support legislation that increases revenues or improves local government’s ability to generate revenue.

2. Support legislation to protect and preserve local control over locally imposed taxes and fees (such as transient occupancy tax, wireless communication infrastructure fees, and franchise fees).

3. Support legislation that would prevent property and sales tax shifting from cities.

4. Support legislation to protect critical local programs, services, and funding from administrative action and/or State budget cuts during the current legislative session.

5. Support legislation that would create cost recovery for local police, fire, and emergency medical services to state properties.
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5 6. Support legislation that would create cost recovery for local non-safety public services to state properties.

7. Support legislation that would amend the State Constitution Article XIIID, Section

6.C. to include storm drain fees among the list of types of fees that are exempt from the voting requirements imposed by Proposition 218.

8. Oppose legislation or administrative action that reduces or reallocates revenues attributable to Del Mar to any other governmental entity, including the County, State, or Federal governments.

9. Support efforts that would authorize local governments to participate in revenue sharing agreements with federal, state, and local agencies, as well as non-profits and community-based organizations.

D. Procurement

1. Oppose legislation that would overly complicate, prolong, or make existing laws pertaining to procurement of goods and services more onerous for local cities.

E. Public Health Relief Measures

1. Support all local, state, and federal legislation or administrative action that provides direct funding relief to cities that have been economically impacted by a public health emergency and/or stay-at-home mandate, including the flexibility to backfill lost revenue.

2. Support all local, state, and federal legislation or administrative action that provides direct relief funding and/or programmatic support for local businesses that have been economically impacted by a public health emergency and/or stay-at-home mandate.

II. GENERAL GOVERNMENT
A. Workers’ Compensation

1. Oppose legislation that would increase employee benefits without system reforms which would offset increased employer costs.

2. Oppose legislation that would provide presumptive eligibility for the award of benefits for Workers’ Compensation or other employee health benefits.

3. Support legislation that would remove existing presumptive eligibility for the award of benefits for Workers’ Compensation or other employee health benefits. 9 February 6, 2023 ITEM 07

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6 4. Support legislation that would reform the Workers’ Compensation system to reduce employer cost through the reduction of system abuse.

B. Unemployment Compensation

1. Oppose legislation which would increase employer liability for unemployment compensation, or which would reduce local discretion to manage this risk.

C. Labor Relations

1. Oppose legislation that would impede local administration of labor relations.

2. Oppose legislation that would require, impose, or expand compulsory binding arbitration for public employees.

3. Oppose legislation that would increase the cost of benefits, the cost of administering benefits, or mandate that a special group health and welfare benefit be provided to all employees.

4. Oppose legislation that reduces local control over public employee disputes and/or imposes regulations from an outside agency.

5. Oppose legislation that makes disciplinary proceedings for public safety employees similar to criminal proceedings, making it virtually impossible for employers to prove an administrative violation.

6. Oppose legislation restricting the availability of evidence in administrative investigations and hearings involving public safety employees.

7. Support legislation that would categorize employers with 50-99 employees as “Large Group Employers,” for purposes of the Affordable Care Act.

D. Pension Reform

1. Support legislation consistent with the League of California Cities’ recommendations for pension reform that provides sustainable pensions for employees.

2. Support legislation that would allow employees to be able to pay for a greater amount of the pension costs.

3. Support pension reform that would control or decrease employer liability or increase transparency in reporting without imposing undue hardships or administrative burdens on local governments.

E. Elections
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7 1. Support legislation that authorizes the City to conduct a special election wholly by mail or via a secure, online voting system.

III. PUBLIC PROTECTION
A. Crimes

1. Support legislation that would protect the public from the dangerous and improper use of weapons and enact necessary regulations to control their use.

2. Pursuant to Resolution 2013-09, support legislation that bans the sale, transfer, manufacturing, and importation of military-style assault weapons and highcapacity ammunition magazines.

3. Oppose legislation that would weaken the authority of local law enforcement to control the issuance of concealed weapon permits.

4. Support legislation that strengthens State graffiti law and provides local government revenue and resources for graffiti abatement.

5. Support legislation that would protect the public from crimes, including identity theft, committed by use of computers, Internet or other electronic means.

B. Drugs

1. Support legislation that strengthens the ability of local government to restrict or regulate the sale, manufacture, and the use of alcohol, electronic smoking devices and flavored tobacco products, and/or other controlled substances.

2. Support legislation that would provide a greater share of seized assets to localities.

C. Fire Protection

1. Support legislation protecting local discretion regarding building and fire code standards.

2. Support legislation that provides funding for local emergency operations including equipment, services, and personnel.

3. Support legislation that provides funding to enhance wildfire mitigation and emergency response efforts.
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8 4. Oppose legislation and administrative action that would change or eliminate inverse condemnation and make utilities not liable for fires caused by their equipment with consideration of the conduct of the utility in the design, operation and maintenance of its assets, and with consideration of factors outside of the control of the utility such as extreme climate.

5. Support legislation and administrative action that requires utilities to work cooperatively with local government to plan for reducing wildfire risks.

6. Support legislation that would sustain or enhance federal homeland security grants.

D. Homeland Security

1. Support legislation that would encourage community safety and provide funding for Homeland Security measures.

2. Support legislation that would require communicating with city officials regarding threats to local safety, as threats occur.

E. Homelessness

1. Support legislation that would provide funding for mental health resources and housing solutions for the homeless and facilitate inter-agency partnerships and shared resources to collaborate on solutions between regional agencies.

F. Aircraft Noise

1. Support legislation and regulations that promotes the reduction of aircraft noise impacting the City.

2. Support legislative and regulatory efforts to monitor, regulate and enforce helicopter noise in residential areas while being respectful of United States Military, law enforcement and emergency first responder operations.

IV. TRANSPORTATION AND PUBLIC WORKS
A. Transportation

1. Support the 2021 adopted SANDAG Regional Transportation Plan and its program to relocate the rails from the Del Mar bluff to an appropriate inland location.

1.2. Support legislation to enable SANDAG and local cities and the county to update the Regional Transportation Plan and take actions to enhance transit options based on clean vehicles and technology over carbon fueled motor vehicles. 12 February 6, 2023 ITEM 07

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2022 2023 LEGISLATIVE POLICY GUIDELINES
9 2.3. Support legislation and administrative action that promote alternative clean fuel vehicles and their support facilities.

3.4. Support legislation and administrative action that facilitates innovation in transportation options including autonomous vehicles.

4.5. Support legislation and administrative action that promotes options to single occupancy carbon fueled car travel such as rapid bus lanes and service, HOV lanes, rail, shared use vehicles, autonomous, and on demand systems.

5.6. Support legislation that provides equitable amounts of Federal and State funding for roads, and highways, and transit and facilitates in the timely construction of local transportation projects.

6.7. Support legislation that reaffirms Federal and State responsibility for transportation including but not limited to highway funding.

7.8. Support legislation to authorize financial incentives for employees who commute to work in carpools, use public transportation, or utilize clean modes of transportation, such as bicycling and electric vehicles.

8.9. Support funding for increased bike lanes, and associated infrastructure (e.g., lighting and traffic barriers), to provide safe, accessible, and strategic bike routes for both commuters and recreational users.

9.10. Support legislation that provides funding from SANDAG, the Federal, and/or the State Government for the planning and construction of the following types of improvements at the Del Mar Fairgrounds: seasonal and permanent rail platform; affordable housing; mobility hubs; fleet mobility services; and micro-mobility solutions.

10.11. Support legislation and funding to promote and construct safe pedestrian railroad crossings, including at-grade crossings where over/underpass crossings are not feasible.

11.12. Support funding for studies and possible pilot programs where at-grade and/or over/underpass pedestrian railroad crossings are feasible.

12.13. Support legislation and administrative action at the Federal and State level to minimize or eliminate the liability of local governments, including cities and transit districts, for rail accidents involving pedestrians or vehicles. Support railroad safety measures, including dedicated safe crossings, while upholding public stewardship and self-governance to protect precious coastal resources, scenic views, and public access to bluffs, trails, beaches, and the ocean. 13 February 6, 2023 ITEM 07

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10 13.14. Support legislation to allow non-ADA compliant over/underpasses to cross rails to access the beach where there is an ADA compliant access point nearby.

14.15. Support Federal and State legislation and administrative action to further mobility strategies that encourage alternative forms of transportation to reduce reliance on automobiles.

15.16. Support legislation, funding opportunities, and administrative action to further electric and zero emission vehicles and their needed support services.

16.17. Support legislation and administrative action to help local governments manage transportation issues to further their adopted Climate Action Plan goals.

17.18. Support legislation, funding, and administrative action to accelerate relocation of the rail line from the Del Mar bluffs to an appropriate inland location.

18.19. Support legislation, funding, and administrative action for interim repairs on the Del Mar bluffs to keep the rail line safe until it can be relocated inland, including full mitigation for any impacts of interim repairs, including but not limited to, support for the June 2022 California Coastal Commission Federal Consistency determination for the Del Mar Bluffs 5 Stabilization Project and its mitigation requirement.

B. Solid Waste and Recycling

1. Support legislation that would assist local agencies in implementing recycling and diversion programs.

2. Support legislation that encourages the State to provide funding for added costs of implementing mandatory solid waste, household hazardous waste, organics diversion, and recycling programs to local agencies.

3. Support legislation that sets reasonable and flexible recycling standards.

4. Support legislation that would exempt a city from AB 939 or other state legislation penalties due to a State installation’s excessive contribution to the city’s waste stream.

5. Support legislation encouraging active development of markets for recycled goods.

6. Support legislation requiring local agencies to prepare and implement household hazardous waste collection plans and provide funding therefore.

7. Support legislation that reduces local government's superfund liability for solid waste.
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11 8. Support legislation that promotes or provides funding for zero waste programs, composting programs, and other programs for addressing organic waste.

9. Support legislation that addresses plastics and other difficult to recycle/manage pollutants at the source by shifting from producing and using such materials to alternatives that reduce the need to recycle or landfill waste.

10. Support measures that provide flexibility for local jurisdictions to meet mandated short lived-climate pollutant goals set by the State through SB 1383 and other mandatory organics recycling regulations.

11. Oppose solid waste regulations without coordinated support and funding from the State and waste haulers.

C. Public Works

1. Support legislation that would address poor performance by contractors selected under low bid contract requirements.

1. Support legislation that would allow all cities to use design build or other delivery methods for constructing capital improvement programs.

D. Utilities Undergrounding

1. Support legislation and administrative action that would help facilitate the implementation of the City’s Undergrounding Project, including advocating to the California Public Utilities Commission to issue rulemaking that would make undergrounding projects more cost effective.

V. RESOURCES AND ENVIRONMENT
A. California Environmental Quality Act

1. Oppose legislation that would weaken or substitute the CEQA requirements in favor of a lesser process, such as National Environmental Policy Act (NEPA).

B. Offshore Drilling

1. Oppose legislation that includes any San Diego coastal areas in the lease sale program.

2. Support legislation that provides for oil spill prevention and response.

3. Support legislation that creates a Coastal Sanctuary that prohibits a state agency from entering into a new lease for the extraction of oil in state waters. 15 February 6, 2023 ITEM 07

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12 4. Oppose any legislation that increases gas or oil drilling off the coast of California.

C. Waterfront

1. Support legislation that provides funding for waterfront coastal restoration, protection, and enhancement.

2. Support efforts to protect the San Dieguito Lagoon and the Los Peñasquitos Lagoon.

3. Support legislation, administrative action, and provision of funding to assist in implementation of the City’s Sea Level Rise Adaptation Plan.

D. Water

1. Support legislative efforts to improve the potable water quality in San Diego County.

2. Support legislation to provide Southern California with a stable source of water.

3. Support legislation that would provide incentives and funding for alternative water sources and for water conservation measures sponsored by local agencies.

4. Support legislation that would advance the opportunity to secure and utilize reclaimed/recycled water.

5. Support legislation that will require a showing of the availability of potable water in connection with any new development in San Diego County.

6. Support legislation, policies or practices that would decrease pollution to the ocean or waterways.

E. Storm Drain and Sewer

1. Support legislation to provide funding for mitigation measures and projects to reuse, recharge, divert, or treat urban runoff.

2. Oppose legislation that imposes more stringent requirements on storm drain runoff without providing funding and/or consideration of the feasibility of monitoring and mitigation of such requirements.

3. Monitor any new or reviewed requirements by State or Federal agencies for testing water quality and water body closures.
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13 4. Support state and federal legislation and administrative action to encourage reclamation and recycling of wastewater from the Metro Waste Water System and the San Elijo Joint Powers Authority for potable and purple pipe reuse.

F. Regional Growth Management

1. Support legislation that would produce additional resources, including adequate funding, to local agencies to address regional growth and transportation issues.

2. Support legislation and administrative action that would encourage managing growth in a manner that is consistent with State and local climate action goals of reducing vehicle miles travelled and greenhouse gas emissions.

G. Air Quality

1. Support legislation to improve the air quality in San Diego County.

2. Support legislation that allocates State and/or Federal funds for compliance with Federal and State air quality standards.

3. Support legislation that would provide funding for zero emission vehicles and their support infrastructure.

H. Wetlands

1. Oppose legislation that adversely impacts the wetlands.

2. Support legislation that provides funding for the acquisition, enhancement and protection of wetlands and wildlife habitat.

3. Support legislative and administrative actions to allow wetlands to adapt to climate change and rising sea levels without loss of habitat value.

I. Energy

1. Support legislation that effectively stabilizes energy availability and reduces energy costs.

2. Support legislation that would provide funding for alternative energy sources, energy efficiency, and conservation measures.

3. Support legislation that provides for the safe decommissioning/removal of nuclear material at the San Onofre Nuclear Generating Station (SONGS).

4. Support legislation at the federal and state levels to allow for removal of nuclear waste from SONGS to a safe inland temporary storage location pending federal 17 February 6, 2023 ITEM 07

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2022 2023 LEGISLATIVE POLICY GUIDELINES
14 identification of a permanent storage option. Oppose ongoing storing this waste on the beach at SONGS.

5. Support Community Choice Aggregation (CCA) [also known as Community Choice Energy (CCE)] and the Clean Energy Alliance to allow residents and businesses the option to purchase clean energy from renewable sources and oppose any efforts to impede CCA's/CCE’s, including but not limited to, increased departure charges.

6. Support CCA programs including the Clean Energy Alliance that pursue distributed energy, community solar, micro grid projects, and similar local programs of benefit to the city.

7. Support legislation to study and encourage offshore wind resources where feasible.

J. Land Use

1. Oppose legislation that takes a punitive approach to City General Plan Housing Element and the imposition of any extraordinary powers in State agencies with regard to City Housing Elements.

2. Support legislation to allow local governments flexibility in how they meet their state mandated housing goals.

3. Oppose legislation, or other agency actions, that would usurp local control of land use decision-making.

4. Oppose legislation that would impose State-mandated development standards or procedures that are contrary to the Del Mar Community Plan or local land use policy.

5. Oppose legislation that is inflexible and cannot be modified through local review.

6. Monitor proposals that would alter air traffic systems that would impact Del Mar.

7. Support legislation to reaffirm that regulation of short-term rentals is a local matter.

8. Oppose legislation to reduce or encroach upon the autonomy of Charter Cities as to home rule powers, including as to land use, housing, and zoning.

K. Sea-Level Rise and Climate Change

1. Support legislation that continues to monitor sea-level rise and climate change and the effect on local jurisdictions.

2. Support legislation that would provide local jurisdictions funding for resilience and response to sea-level rise and climate change.

Formatted: Indent: Left: 1", No bullets or numbering
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15 3. Support legislation that allows local governments flexibility in how they implement sea level rise and climate change adaptation goals and meet federal and state flood management standards.

4. Support legislation and administrative action at the federal and state level to provide funding and assistance to coastal cities addressing adaptation to sea level rise and increased flooding risks.

5. Support legislation and administrative action at the federal and state level to increase funding for local governments implementing sand replenishment and other adopted strategies for addressing sea level rise.

6. Support legislation, funding, and administrative action to remove sediment accumulation in the regions coastal lagoons and upstream behind dams and use it for beach sand replenishment.

VI. RECREATION
A. Funding

1. Support legislation that would provide funds for local and regional recreation areas, facilities, and services including visitor parking facilities.

VII. CITY – 22ND DAA RELATIONS
A. Jurisdiction and Land Use

1. Support legislation and Commission findings that reaffirm the limits of the sovereign powers of the 22nd DAA to its governmental mandate to promote California Agriculture, business, and products.

2. Support legislation that subjects all activities conducted on the Fairgrounds to local health, safety, and noise ordinances.

3. Support legislation to allow the City of Del Mar to obtain credit for affordable housing programs on 22nd DAA property within or contiguous to the city.

4. Support legislation to allow the 22nd DAA to engage in all types of transactions with the city to further affordable housing programs, including leases, sales, joint ventures partnerships, Joint Powers Agreements, and the like. 19 February 6, 2023 ITEM 07

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16 5. Oppose efforts that require the City to ministerially approve housing development projects without adequate input from local agencies or a robust public engagement process.

B. Housing

1. Support legislation that facilitates the 22nd DAA to provide on-site affordable housing, including work force housing, to help the City meet its assigned Regional Housing Needs Assessment (RHNA) requirements for affordable housing requirements attributable to the number of employees who work at the Fairgrounds.

2. Support legislation to allow local implementation of creative solutions to local housing needs while gaining RHNA credit, such as: student housing programs implemented in conjunction with local universities and community colleges and temporary housing on the Del Mar Fairgrounds.

3. Support legislative and administrative action to confirm that local governments can adopt local rules clarifying that Accessory Dwelling Units (ADUs) can be used only for housing.

C. Financial Relationship

1. Support legislation and administrative action to cause the 22nd DAA to pay for its fair share of municipal services and road and bridge maintenance and repairs.

2. Support legislation and administrative action to encourage the State Department of General Services to reduce the rent of the Del Mar Fire Station.

3. Support legislation and administrative action that would give Del Mar a revenue share for sports gaming, concerts, and other revenue activities on 22nd DAA property within the city limits.

D. Events

1. Oppose legislation or administrative action that would overturn AB 893, which prohibits the sale of firearms and ammunition at the Del Mar Fairground on and after January 1, 2021.

2. Support legislation or requirements that prohibit on-site smoking, on-site consumption, or on-site sale of cannabis products at state fairgrounds where the local city prohibits such use.
20 February 6, 2023 ITEM 07