ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
ATTACHMENTS:
Attachment A - DMF Donation Funding Commitment Letter
Attachment B - Lighting System Demonstration Photo
2 April 3, 2023 Item 06
3 April 3, 2023 Item 06
ATTACHMENT B
PORTABLE LIGHTING DEMONSTRATION
4 April 3, 2023 Item 06
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Mariel Cairns, Management Analyst
Via Ashley Jones, City Manager
DATE: April 3, 2023
SUBJECT: Approval of Emergency Funding for San Dieguito Drive Embankment Failure Repairs
REQUESTED ACTIONS/RECOMMENDATION:
Staff recommends that the City Council: 1) Approve $135,000 in emergency funding for construction, traffic control and geotechnical engineering for the emergency work related to the San Dieguito Drive embankment failure; 2) Ratify any prior authorization by the City Manager to facilitate the emergency repairs as well as authorize execution of any documents necessary to complete the work; and 3) Amend the Fiscal Year (FY) 2022- 2023 Operating and Capital Budget as described in the Fiscal Impact section of this report to fund the emergency repair work.
DISCUSSION/ANALYSIS:
On Wednesday, March 15, 2023, an embankment failure adjacent to the 1800 block of San Dieguito Drive caused a partial road failure and exposed a section of a City sewer pipeline, leaving the westbound travel lane unusable. Public Works immediately responded to close the westbound lane and established traffic flagging operations to utilize the eastbound lane for both ingress and egress for the eastern portion of San Dieguito Drive, Oribia Road and a section of the City of San Diego.
Staff contacted NOVA Services Inc., one of City’s as-needed geotechnical consultants, and Southland Paving Inc., one of the City’s as-needed emergency construction services contractors, to engineer and construct the necessary repair work. The emergency repairs included: placement of 400 tons of riprap, rock, and base to stabilize the embankment and sewer main; reconstruction of the damaged pavement section, guardrail replacement; and 24 hour traffic control throughout the duration of construction activities.
Construction was completed and San Dieguito Drive was reopened to two-way traffic on the evening of Friday, March 17, 2023.
Per the Regional Municipal Separate Storm Sewer Systems (MS4) permit that regulates discharges to surface waters, the City, as a co-permitteee, is required to notify the San 1 April 3, 2023 Item 07
City Council Staff Report
San Dieguito Drive Embankment Failure Repairs Emergency Funding April 3, 2023
Diego Regional Water Quality Control Board (RWQCB) about any noncompliance that may endanger health or the environment. Within hours of the embankment failure, the City’s contract Clean Water Manager, Mikhail Ogawa Engineering (MOE), submitted verbal and written notification to the Regional Water Quality Control Board (RWQCB) explaining the failed slope conditions, minor road collapse, and sediments migrating to the estuary, and RWQCB acknowledged receipt of the notification. Planning staff has also notified the California Coastal Commission for coordination of processing an Emergency Coastal Development Permit for the repair work.
Section 7.04.090A of the City’s Municipal Code provides an exemption from the City’s normal bidding process to address these types of emergency repairs. The estimated repair costs include construction, repair materials, geotechnical engineering services, and traffic control, and are summarized below:
As-Needed Emergency Construction Services $107,000
Emergency Traffic Control Services $18,000
As-Needed Geotechnical Engineering Services $10,000
Total estimated costs as of 3/20/23 $135,000
FISCAL IMPACT:
The Council is being asked to amend the Fiscal Year 2022-23 Operating and Capital Budget to allocate $135,000 from the General Fund for the San Dieguito Drive Embankment Failure Repairs project as shown below:
ENVIRONMENTAL IMPACT:
In accordance with the California Environmental Quality Act (CEQA) Guidelines Sections 21080(b)(4) and 15269(b) and (c), the proposed emergency repair work is Statutorily Exempt from CEQA review in that the emergency repair work is necessary to maintain service essential to the public health, safety, or welfare.
ATTACHMENTS:
Attachment A – Embankment Emergency Repair Powerpoint Photos
PROJECT FUND ACCOUNT AMOUNT
San Dieguito Dr.
Embankment Failure
Repairs
General Fund 40.7000.7053 $135,000
2 April 3, 2023 Item 07
San Dieguito Drive Embankment Failure
March 20, 2023
ATTACHMENT A
3 April 3, 2023 Item 07
Wednesday, March 15, 2023
2 4 April 3, 2023 Item 07
Wednesday, March 15, 2023
3 5 April 3, 2023 Item 07
Wednesday, March 15, 2023
4 6 April 3, 2023 Item 07
Thursday, March 16, 2023
5 7 April 3, 2023 Item 07
Friday, March 17, 2023
6 8 April 3, 2023 Item 07
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Mariel Cairns, Management Analyst
Via Ashley Jones, City Manager
DATE: April 3, 2023
SUBJECT: San Dieguito Drive Water Pipeline Emergency Repairs - Task Order Amendment
REQUESTED ACTION/RECOMMENDATION:
Staff requests that the City Council: 1) Approve a $33,900 emergency time-and-materials task order amendment with Southland Paving, Inc. (Southland) (Attachment A); 2) Authorize the City Manager to execute the task order amendment to fund the additional scope of necessary emergency repair work; and 3) Authorize the transfer of $25,000 in additional funds from the Water Infrastructure Improvement project to the San Dieguito Water Pipeline Repair project.
DISCUSSION/ANALYSIS:
On March 20, 2023, the City Council approved a $50,000 emergency time-and-materials task order with Southland Paving, Inc. for the San Dieguito Drive Water Pipeline Emergency Repairs and $10,000 for miscellaneous construction services and materials, allocating a total of $60,000 for the repair work. Emergency time-and-materials task orders are based on prevailing labor rates, standard equipment rates, and actual cost of materials. Staff tracks labor, equipment, and material quantities and only pays for services that are actually used.
Since that time, additional necessary emergency work was identified and completed including the replacement of a second “risky” coupling and approximately ten feet of 20-inch ductile iron water main, totaling $33,900 as further described in Attachment A. This brings the total cost of the repairs completed by Southland to $83,900.
As a reminder, on March 2, 2023, the contractor for the San Diego Gas and Electric (SDG&E) Del Mar Reconfiguration Project Phase II removed approximately one foot of surface asphalt and discovered water coming up from below. The water’s source was identified as a 20-inch steel water main under San Dieguito Drive. Public Works immediately isolated the San Dieguito Drive pipeline, adjusted the City’s water system, coordinated with the City of San Diego to increase supply flows from other pipelines, and maintained water service to all residents in the area. Public Works then contracted with leak detection specialists to work with the City to identify the leak’s surface location above the pipline. 1 April 3, 2023 Item 08
City Council Staff Report
San Dieguito Drive Water Pipeline Emergency Repairs – Task Order Amendment April 3, 2023
Once the leak location was identified, the City issued Southland, one of the City’s as-needed emergency construction services contractors, a $50,000 time-and-materials/not-to-exceed task order to investigate and repair the leak (Attachment B). Section 7.04.090A of the City’s Municipal Code provides an exemption from the City’s normal bidding process to address these types of emergency repairs.
On Monday, March 13, 2023, Southland excavated and identified the source of the leak as a broken coupling along the pipeline. The City directed Southland to remove and replace the broken coupling, along with approximately ten feet of 20-inch ductile iron water main, and a second coupling that appeared in “risky” condition. Southland completed the emergency work (consisting of excavating, dewatering, shoring, mechanical fitting, testing, backfill, and asphalt resurfacing) on Friday, March 17, 2023. Public Works subsequently disinfected the pipeline and took water quality samples before putting it back into service on Monday, March 20, 2023.
Costs for the project are summarized below:
Leak Detection; Misc. Construction Services/Materials $1,100 As-Needed Emergency Construction Services $83,900
Total Costs $85,000
FISCAL IMPACT:
Additional funding is required to pay the addtional emergency work performed by Southland Paving, Inc. Sufficient funds are available in the Water Infrastructure Improvement project budget to cover these additional costs. Council approval of this agenda item includes an amendment to the FY 2022-23 Operating and Capital Budget to transfer $25,000 from the Water Infrastructure Improvement project to the San Dieguito Water Pipeline Repair project as shown below:
ENVIRONMENTAL IMPACT:
In accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15269(b), the proposed emergency repair work is Statutorily Exempt from CEQA review in that the emergency repair work is necessary to maintain service essential to the public health, safety, or welfare.
ATTACHMENTS:
Attachment A –Task Order Amendment with Southland Paving, Inc.
Attachment B – Original Task Order with Southland Paving, Inc.
PROJECT FUND ACCOUNT AMOUNT
San Dieguito Water Pipeline Repair Water Fund 51.7000.7052 $25,000 Water Infrastructure Improvements Water Fund 51.7000.7017 ($25,000) Net Impact $0
2 April 3, 2023 Item 08
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us
ATTACHMENT A
March 16, 2023
Southland Paving, Inc. SENT VIA EMAIL
Attn: Carl Lester / Richard Fleck
361 North Hale Ave.
Escondido, CA 92029
[email protected]
RE: TASK ORDER AMENDMENT FOR SAN DIEGUITO DRIVE WATER PIPELINE EMERGENCY REPAIRS (ACCOUNT 51.7000.7052)
This Task Order Amendment is issued pursuant to the terms and conditions contained in the AsNeeded Emergency Construction Services Agreement between the City of Del Mar and Southland Paving, Inc. (Contractor), the term for which is October 5, 2020, to October 5, 2023.
Contractor shall execute tasks related to the San Dieguito Drive Water Pipeline Emergency Repairs, including but not limited to, excavating and repairing the water main leak. The cost for this Task Order Amendment shall not exceed $33,900 on a Time and Materials basis. The project schedule shall commence upon execution of this Task Order Amendment, and shall be completed within 60 days to the satisfaction of the Public Works Director.
The primary contact for this Task Order and invoicing is Peter Kiefer who can be reached at (858) 704-3676 and [email protected].
Please sign and return an original copy of this Task Order to Mariel Cairns, 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 Southland Paving, Inc.
_____________________________________ _______________________________________ Ashley Jones Date Richard Fleck Date
City Manager President
cc: Joe Bride, Public Works Director
Mariel Cairns, Management Analyst
3 April 3, 2023 Item 08
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us
ATTACHMENT B
March 15, 2023
Southland Paving, Inc. SENT VIA EMAIL
Attn: Carl Lester / Richard Fleck
361 North Hale Ave.
Escondido, CA 92029
[email protected]
RE: TASK ORDER & NOTICE TO PROCEED FOR SAN DIEGUITO DRIVE WATER PIPELINE REPAIR (ACCOUNT 51.7000.7052)
This Task Order (TO) and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the As-Needed Emergency Construction Services Agreement between the City of Del Mar and Southland Paving, Inc. (Contractor), the term for which is October 5, 2020, to October 5, 2023.
Contractor shall execute tasks related to the San Dieguito Drive Water Pipeline Repair, including but not limited to, excavating and repairing the water main leak. The cost for this Task Order shall not exceed $50,000 on a Time and Materials basis. Additional Task Orders may be necessary to complete the project. The project schedule shall commence upon execution of this Task Order/Notice to Proceed, and shall be completed within 60 days to the satisfaction of the Public Works Director.
The primary contact for this Task Order and invoicing is Peter Kiefer who can be reached at (858) 704-3676 and [email protected].
Please sign and return an original copy of this Task Order to Mariel Cairns, 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 Southland Paving, Inc.
_____________________________________ _______________________________________ Ashley Jones Date Richard Fleck Date
City Manager President
cc: Joe Bride, Public Works Director
Mariel Cairns, Management Analyst
4 April 3, 2023 Item 08
City of Del Mar
Staff Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Karen Falk, Principal Engineer
Mariel Cairns, Management Analyst
Via Ashley Jones, City Manager
DATE: April 3, 2023
SUBJECT: Amendment to TransNet Local Street Improvement Program of Projects for Fiscal Years 2022-2023 through 2026-2027
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Conduct a public hearing and adopt a Resolution (Attachment A) amending the TransNet Local Street Improvement Program of Projects of the Regional Transportation Improvement Program for Fiscal Years 2022- 2023 through 2026-2027; and 2) Amend the Fiscal Year 2022-23 Operating and Capital Budget to reflect the utilization of current year TransNet funding.
DISCUSSION/ANALYSIS:
TransNet is the half-cent sales tax for funding local transportation projects that was first approved by voters in 1988. On November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance) that extended TransNet for an additional 40-year period.
The San Diego Association of Governments (SANDAG) approves the TransNet Program of Projects (POP) list as an element of the Regional Transportation Improvement Program (RTIP) every two years. The 2023 RTIP is a multi-year program of proposed major highway, arterial, transit, and bikeway projects. The SANDAG Board, in its role as the San Diego County Regional Transportation Commission, approves a five-year program of projects to be funded with TransNet revenues.
On February 24, 2023, SANDAG approved a revised TransNet Revenue Forecast (Revenue Forecast) for the five-year period of Fiscal Years 2022-23 through 2026-2027 for the Local Street Improvements (LSI) program. SANDAG’s TransNet revenue estimates are based on forecasted sales and the half-cent tax that is applied to each sale.
For the City of Del Mar, the Revenue Forecast (Attachment B) reflects $735,000 in TransNet revenue available for the City’s projects during this five-year period, which is an 1 April 3, 2023 Item 09
City Council Agenda Report
Amendment to TransNet Local Streets Improvement Program April 3, 2023
increase of $119,000 from SANDAG’s previous forecast. The updated amounts are the available net revenues after automatic deductions by SANDAG of $668,000 that are due in this five-year period towards loan payments for the City’s prior RTIP loan for parts of the Downtown Streetscape Project, which is scheduled to be paid off by 2044.
Additionally, the City has an estimated carry over of $250,000 of LSI funds from prior years. This brings the total projected RTIP funds available to the City during the next fiveyear period to $985,000.
To use TransNet LSI funds on City projects, the projects must be included within the SANDAG approved POP. The 2023 RTIP contains a detailed listing describing the major projects anticipated to be initiated through Fiscal Years 2026-2027. The City projects that staff proposes be funded partially with TransNet revenues for the next five fiscal years are listed in the table below and detailed in Exhibit A of Attachment A. The amended amounts listed below represent only the RTIP portion of the full amount the City will expend on each of these projects.
Del Mar’s Amended 2023 RTIP List of Programmed Projects
PROJECT
ID PROJECT TITLE FY22/23
FY
23/24
FY
24/25
FY
25/26
FY
26/27
DM 01 Annual Street Maintenance $40,000 $42,000 $44,000 $45,000 $47,000 DM 02
Local Match to Bridge Retrofit
Projects (CDM Bridge over
San Dieguito River
Replacement Project)
0 0 0 0 $10,000
DM 06 Sidewalk, Street, and
Drainage Improvements $96,000 $349,000 $103,000 $107,000 $102,000 Total $136,000 $391,000 $147,000 $152,000 $159,000
The amendment includes changes to Annual Street Maintenance (DM 01), Camino Del Mar Bridge (DM 02) Project, and Sidewalk, Street and Drainage Improvements (DM 06) to reflect the overall increase in the projected TransNet revenues for the next five years.
Since the City has received State and County grants to use towards the local match on the CDM Bridge, staff proposes to reallocate TransNet funds to street maintenance and sidewalk improvements at various locations throughout the City.
The proposed Resolution (Attachment A) provides certification to SANDAG that the City:
1) requests SANDAG make the recommended changes to the City’s programmed projects (Exhibit A) in the 2023 RTIP; 2) will not spend more than 30% of annual revenues on maintenance-related projects; 3) will comply with TransNet requirements that all new and revised projects will accommodate travel by pedestrians and bicyclists; and 4) meets all applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy
31. 2 April 3, 2023 Item 09
City Council Agenda Report
Amendment to TransNet Local Streets Improvement Program April 3, 2023
The TransNet Extension Ordinance requires the City to expend a minimum annual level of local discretionary funds for street and road purposes throughout the five-year RTIP.
This Maintenance of Effort (MOE) requirement is adjusted every three years and audited on an annual basis. Currently, the City's annual MOE for use on streets and roads is $602,608, with an additional requirement that $27,766 be spent on specialized transportation services. Since the City’s MOE requirement is based on local sales tax generation, which includes Measure Q revenue, the City funds a proportionate share of its annual MOE requirement ($75,000) using Measure Q funds.
Effective FY 2023-24, the new MOE requirement for use on streets and roads is $379,643, with an additional requirement that $17,493 be spent on specialized transportation services. Based on the reduction of the MOE, the new proportionate share to Measure Q will be $47,250. The recalculated MOE was based on the lowest of: 1) growth rate in the Construction Cost Index; or 2) growth rate of General Fund revenues.
Based on comparing data from 2018 to 2021, it was determined that the lowest growth rate was in the Construction Cost Index, resulting in a new and lower MOE requirement for the fiscal years ending June 30, 2024, 2025, and 2026.
PRIOR CITY COUNCIL REVIEW:
On April 4, 2022, the City Council approved Resolution 2022-24 adopting the 2023 RTIP Program of Projects for Fiscal Years 2022-23 through 2026-27.
On June 21, 2021, the City Council approved Resolution 2021-33 amending the 2021 RTIP for Fiscal Years 2020-2021 through 2024-2025.
FISCAL IMPACT:
Approval of this item would require an amendment to FY 2022-23 Operating and Capital Budget to reflect the utilization of current year TransNet funding as follow:
TransNet funding for the next two fiscal years will be included in the Proposed FY 2023- 24 and 2024-25 Operating and Capital Budget planned for final Council consideration in June 2023.
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
PROJECT FUND ACCOUNT AMOUNT
CDM Bridge over San Dieguito River TransNet 44.7000.7011 ($192,700) Pavement Rehabilitation TransNet 44.7000.7009 $40,000
Roadway & Sidewalk Improvements TransNet 44.7000.7002 $76,000 Total Expenditure Adjustment ($76,700)
TransNet Revenue TransNet 44.4600.4627 ($76,700)
Total Revenue Adjustment $76,700
Net Impact $0
3 April 3, 2023 Item 09
City Council Agenda Report
Amendment to TransNet Local Streets Improvement Program April 3, 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. Each project will receive the appropriate environmental review at time of implementation.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
TransNet funds support the City Council’s approved Tier 1 Capital Improvement Projects.
ATTACHMENTS:
Attachment A – Resolution Amending the City of Del Mar’s RTIP Program of Projects for FY 2023 through FY 2027
Exhibit A to Attachment A – City of Del Mar’s 2023 Amended RTIP Projects Attachment B – TransNet Revenue Forecast – Local Street Improvement Program 4 April 3, 2023 Item 09
ATTACHMENT A
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR,
CALIFORNIA, APPROVING AN AMENDMENT TO THE TRANSNET
LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR
FISCAL YEARS 2023 THROUGH 2027
WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance); and
WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve on a biennial basis a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and WHEREAS, the City of Del Mar was provided with an estimate of annual TransNet local street improvement revenues for fiscal years 2023 through 2027; and WHEREAS, the City Council of the City of Del Mar approved its 2023 TransNet Local Street Improvement Program of Projects (POP) on April 4, 2022, and the City Council of the City Del Mar desires to make adjustments to its Program of Projects; and WHEREAS, the City Council of the City of Del Mar has held a noticed public hearing with an agenda item that clearly identified the proposed amendment prior to approval of the projects by its authorized legislative body in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31.
NOW THEREFORE, BE IT RESOLVED that City Council of the City of Del Mar requests that SANDAG make the following changes to its 2023 POP (the “Amendment”) as programmed in the 2023 Regional Transportation Improvement Plan (Exhibit A): and BE IT FURTHER RESOLVED that pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City Council of the City of Del Mar certifies that no more than 30 percent of its annual revenues shall be spent on local street and road maintenancerelated projects as a result of the Amendment.
BE IT FURTHER RESOLVED that pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City Council of the City of Del Mar certifies that all new or changed projects, or major reconstruction projects included in the Amendment and funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed was clearly noticed as part of the City of Del Mar’s public hearing process for the Amendment.
5 April 3, 2023 Item 09
RESOLUTION No. 2023-XX
BE IT FURTHER RESOLVED that the City Council of the City of Del Mar does hereby certify that all applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No. 31 have been met.
BE IT FURTHER RESOLVED that the City Council of the City of Del Mar continues to agree to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to City of Del Mar’s TransNet funded projects.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held on this 3
rd day of April 2023.
_____________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, NESTOR MACHADO, Acting City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2023- XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 3
rd day of April 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Nestor Machado, Acting City Clerk
City of Del Mar
6 April 3, 2023 Item 09
San Diego Region (in $000s)
2023 Regional Transportation Improvement Program
Table 1
MPO ID:
Project Title:
DM01
Del Mar, City of
AMENDMENT: 23-02
Project Description:
TransNet - LSI: Maint
In Del Mar - citywide - resurface and/or rehabilitate roadways Annual Street Maintenance
Change Notes:
Capacity Status: NCI Exempt Category: Safety - Pavement resurfacing and/or rehabilitation Est Total Cost: $2,044
PE RW CON TOTAL PRIOR 22/23 23/24 24/25 25/26 26/27 FUTURE TransNet - L $831 $831 $831
TransNet - LSI $615 $397 $40 $42 $44 $45 $47 $615
TransNet - LSI Carry Over $8 $8 $8
Local Funds $590 $590 $590
TOTAL $2,044 $1,826 $40 $42 $44 $45 $47 $2,044
MPO ID:
Project Title:
DM02 AMENDMENT: 23-02
Project Description:
TransNet - LSI: CR
Camino del Mar Bridge over San Dieguito River, Jimmy Durante Blvd Bridge, Via de la Valle Bridge, Camino del Mar Overpass. - Local match to federal Highway Bridge Program providing for seismic retrofit (part of CAL44); project will undertake full replacement of bridge upper deck, full depth pavement repair, and seismic upgrades
Local Match to Bridge Retrofit Projects
Change Notes:
Capacity Status: NCI Exempt Category: Safety - Non capacity widening or bridge reconstruction Est Total Cost: $374
PE RW CON TOTAL PRIOR 22/23 23/24 24/25 25/26 26/27 FUTURE TransNet - LSI $289 $279 $10 $289
Local Funds $85 $32 $13 $15 $8 $8 $9 $85
TOTAL $374 $311 $13 $15 $8 $8 $19 $374
** Include SANDAG in progress and pending projects - these projects are subject to change when accepted by SANDAG
7 April 3, 2023 Item 09
San Diego Region (in $000s)
2023 Regional Transportation Improvement Program
Table 1
MPO ID:
Project Title:
DM06
Del Mar, City of
AMENDMENT: 23-02
Project Description:
SANDAG ID: 1223061
Multiple locations along Camino del Mar, Jimmy Durante Boulevard, and Via de la TransNet - LSI: CR Valle - pedestrian, bicycle, roadway, and drainage improvements along Camino del Mar, Jimmy Durante Boulevard, and Via de la Valle
Sidewalk, Street, and Drainage Improvements
Change Notes:
Capacity Status: NCI Exempt Category: Safety - Safety Improvement Program Est Total Cost: $5,177
PE RW CON TOTAL PRIOR 22/23 23/24 24/25 25/26 26/27 FUTURE TransNet - BPNS $812 $812 $100 $712
TransNet - Bond $2,803 $2,803 $228 $2,575
TransNet - CP $700 $700 $25 $675
TransNet - LSI $516 $9 $96 $99 $103 $107 $102 $516
TransNet - LSI Carry Over $250 $250 $250
Local Funds $96 $96 $96
TOTAL $5,177 $4,420 $96 $349 $103 $107 $102 $353 $4,824 *SANDAG Board approved TransNet/ATP swap on November 21, 2014 for $812 ** Include SANDAG in progress and pending projects - these projects are subject to change when accepted by SANDAG
8 April 3, 2023 Item 09
San Diego Region (in $000s)
2023 Regional Transportation Improvement Program
Table 1
RTIP Fund Types
Local Funding
Local Funds AC Local Funds - Advanced Construction; mechanism to advance local funds to be reimbursed at a later fiscal year with federal/state funds
TransNet-BPNS Prop. A Extension Local Transportation Sales Tax - Bicycle, Pedestrian and Neighborhood Safety Program
TransNet-CP Prop. A Local Transportation Sales Tax - Commercial Paper TransNet-L Prop. A Local Transportation Sales Tax - Local Streets & Roads TransNet-LSI Prop. A Extension Local Transportation Sales Tax - Local System Improvements TransNet-LSI Carry Over TransNet - LSI funds previously programmed but not requested/paid in year of allocation ** Include SANDAG in progress and pending projects - these projects are subject to change when accepted by SANDAG
9 April 3, 2023 Item 09
429.17
566.94
45.5724.84
205.50180.45332.52
43.93 139.32
58.6993.39
436.80173.58
2,833.52
186.92112.32
43.21 103,268 171.61 498,252 1,985.16
2/24/2022
10 April 3, 2023 Item 09
City of Del Mar
Agenda Report
______________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Karen Falk, Principal Engineer
Mariel Cairns, Management Analyst
Via Ashley Jones, City Manager
DATE: April 3, 2023
SUBJECT: Cooperation Agreement with the County of San Diego for Continued Participation in the Community Development Block Grant Program REQUESTED ACTIONS/RECOMMENDATION:
Staff recommends that the City Council: 1) Adopt the Resolution (Attachment A) authorizing the renewal of the City’s Cooperation Agreement (Agreement) with the County of San Diego for continued participation in the Community Development Block Grant (CDBG) Program from July 1, 2024, through June 30, 2027; and 2) Authorize the City Manager to execute the necessary documents.
DISCUSSION/ANALYSIS:
The CDBG Program is funded through the federal Department of Housing and Urban Development (HUD). It provides annual funding to local jurisdictions for projects and programs that enhance community development. The amount of CDBG funds awarded to each local jurisdiction is based on population and community needs and must be spent on eligible activities that benefit low- and moderate-income persons; prevent or eliminate blight; or address community health and welfare needs. As is the case with many smaller jurisdictions, Del Mar participates in the CDBG Program through an Agreement with the County of San Diego.
On average, the City receives approximately $16,000 a year in CDBG funds from the County. Recently, the County authorized a combined five (5) years of CDBG funding that will allow the City to increase the size of a City project(s) and take advantage of economies of scale. This allows City pedestrian and bicycle route improvement projects to be more efficiently designed, bid, and constructed while complying with the County of San Diego Health & Human Services Agency’s minimum financing requirements. For the past five years, the City has used CBDG funds for the rehabilitation of pedestrian sidewalks, ramps, and crosswalks at various locations around the City to comply with Americans with Disabilities Act (ADA) requirements. For upcoming years, the City is proposing continued use of CDBG funds for bicycle and ADA related improvements. 1 April 3, 2023 Item 10
City Council Agenda Report
CDBG Cooperative Agreement Renewal
April 3, 2023
The City entered into the existing Agreement with the County of San Diego for CDBG Program participation (Attachment B) in March 2011. The Agreement, which contains the terms under which the County administers the CDBG Program, has been renewed three times, in 2014, 2017, and 2020, each of which allowed for continued participation in the CDBG Program over an additional three-year period. As indicated in the notification letter (Attachment C), the County is requesting that agencies who wish to continue participation in the CDBG Program adopt a resolution authorizing the renewal of their cooperation agreement for another three-year period beginning July 1, 2024, through June 30, 2027. This action would solely authorize the renewal of the Agreement for another three-year period. There are no other proposed changes to the terms of the Agreement.
PRIOR CITY COUNCIL REVIEW:
On March 28, 2011 (Resolution 2011-25); March 14, 2014 (Resolution 2014-18); May 1, 2017 (Resolution No. 2017-17); and April 6, 2020 (Resolution 2020-16) the City Council adopted resolutions approving three year extensions to the Agreement between the City of Del Mar and County of San Diego for administration of the CDBG Program.
FISCAL IMPACT:
The City receives approximately $16,000 in CDBG grant funds annually. These funds are included in the approved FY 2022-23 Operational and Capital Budget and will be included in future budgets for Council consideration.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required. Future projects funded with CDGB grant funds will receive the appropriate environmental review at time of implementation.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
CDBG funds support City Council approved Tier 1 Capital Improvement Program projects.
ATTACHMENTS:
Attachment A – Resolution Authorizing Renewal of the Cooperation Agreement with the County of San Diego
Attachment B – CDBG Original Agreement (2011)
Attachment C – Letter from the County of San Diego dated February 3, 2023 2 April 3, 2023 Item 10
ATTACHMENT A
RESOLUTION 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DEL MAR, CALIFORNIA, APPROVING A THREE-YEAR
EXTENSION OF AN EXISTING COOPERATION AGREEMENT
BETWEEN THE CITY OF DEL MAR AND THE COUNTY OF
SAN DIEGO FOR ADMINISTRATION OF THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, Public Law 93-383, the Housing and Community Development Act of 1974 ("the Act"), provides for Federal assistance for community development activities in urban areas in the form of Community Development Block Grants; and WHEREAS, the County of San Diego is the authorized agency under the Act to apply for and accept Community Development Block Grants for distribution to unincorporated territory and various cities within San Diego County (the CDBG Program); and
WHEREAS, on March 28, 2011, the Del Mar City Council adopted Resolution 2011-25 approving a three-year agreement with the County of San Diego for administration of the City of Del Mar's participation in the CDBG Program; and WHEREAS, on March 14, 2014 (Resolution 2014-18); May 1, 2017 (Resolution No. 2017-17); and April 6, 2020 (Resolution 2020-16) the City Council adopted resolutions approving three year extensions to the Agreement between the City of Del Mar and County of San Diego for administration of the CDBG Program.
WHEREAS, the City of Del Mar wishes to continue participation in the CDBG Program with administration by the County of San Diego.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that a three-year automatic extension of its existing agreement with the County of San Diego to participate in the San Diego Urban County CDBG Program for Fiscal Years 2024-2025, 2025-2026, and 2026-2027 is hereby authorized.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held on the 3rd day of April 2023. __________________________
Tracy Martinez, Mayor
City of Del Mar
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Resolution. 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, NESTOR MACHADO, Acting City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2023-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 3rd day of April 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Nestor Machado, Acting City Clerk
City of Del Mar
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Karen Falk, Principal Engineer
Via Ashley Jones, City Manager
DATE: April 3, 2023
SUBJECT: Resolution to Adopt the Final Initial Study/Mitigated Negative Declaration for the Camino Del Mar Bridge Replacement Project
REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council adopt the Resolution (Attachment A) adopting the Final Initial Study/Mitigated Negative Declaration (MND) environmental document for the Camino del Mar Bridge Replacement Project.
DISCUSSION/ANALYSIS:
The Camino Del Mar Bridge Replacement Project is a special project on the City’s 10- year Capital Improvement Program (CIP) that will replace the existing roadway bridge over the San Dieguito Lagoon. Replacement of the existing bridge is necessary because it was determined to be structurally deficient as part of the 2012 Final Rehabilitation Strategy Report completed by the California Department of Transportation (Caltrans).
The project will maintain critical north-south access and improve public safety in consideration of potential flooding, projected sea level rise, and other potential hazard conditions, and requires a major capital investment from the City and multiple years of planning and coordination with public agencies at the federal, state, and local levels. A significant portion of the project funding is being provided via the Federal Highway Bridge Program. This funding mechanism requires the project to meet additional state and federal requirements typically not encountered on City of Del Mar projects, because implementation of the project and federal funding is being administered by Caltrans.
The project is currently in the environmental review stage. The roles and responsibilities for preparation of the required environmental documents for the project are assigned to Caltrans and the City. Caltrans is the lead agency for the project in terms of National Environmental Protection Act (NEPA) compliance, and is responsible for environmental review, consultation, and other actions required per federal law (23 United States Code 327) to prepare supporting documentation for the NEPA Categorical Exclusion. The City 1 April 3, 2023 Item 11
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Final IS/MND Camino del Mar Bridge Replacement
April 3, 2023
team has been working with Caltrans to provide the studies and technical reports needed for completion of the required NEPA clearance.
The City is the lead agency for the project in terms of California Environmental Quality Act (CEQA) compliance, and is responsible for environmental review, consultation, and other actions required per state law as reflected in the Final IS/MND. The Draft IS/MND was circulated for public review from May 5 to June 3, 2022. During that time, informational summaries of the draft environmental document were presented in public meetings to the Planning Commission on May 10, 2022, and City Council on May 16, 2022. Five comment letters were submitted to the City and responded to as reflected in the Final IS/MND.
On March 14, 2023, the Planning Commission recommended adoption of the Final IS/MND. Once adopted by the City Council, Caltrans will finalize the NEPA Categorical Exclusion and the project will move into the next phase, which will involve permitting, final design, and preparation for project construction.
Summary of Final Initial Study/MND Findings
The Final IS/MND concluded that the project will not result in significant impacts because the combination of applicable regulatory requirements, standard construction procedures, project design features, and mitigation, monitoring and reporting program requirements will effectively reduce potential environmental impacts to less than significant. Following is a summary of the key findings:
Aesthetics: The project design includes measures that would reduce visual effects and be consistent with the City’s adopted goal to restore and enhance visual quality in the area and enhance public scenic views of the ocean, including reducing the bridge supports from 10 to 4 and introducing design features that would be visually compatible with the existing setting.
While the project is not traffic inducing and would not cause traffic to exceed applicable noise standards, Caltrans required noise abatement to be considered because of the potential for predicted traffic noise levels to effect two residential properties. Therefore, the aesthetics of a potential noise barrier within private property southeast of the bridge was analyzed and determined to be less than significant. As further described below under noise, two optional noise barrier designs were evaluated as potential mitigation if desired by the respective property owners.
The Final IS/MND identifies that either a 6-foot-high noise barrier with a length of approximately 87 feet or a 7-foot-high noise barrier with a length of 59 feet along the existing fence line of the closest exterior use area could be implemented at the identified residential locations to reduce noise levels at each of the residences in compliance with City noise standards. If implemented, the 6-foot-high barrier option would have an associated increase in height that would vary from a 2-inch increase along the western side of the property where existing fencing is 70 inches in height up to a 2.7-foot increase along the northern side where the existing fence is 40 inches in height. If a 7-foot-high 2 April 3, 2023 Item 11
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Final IS/MND Camino del Mar Bridge Replacement
April 3, 2023
barrier option is selected, the associated increase in height would be 14 inches higher than the existing fence along the western side of the exterior use area. Prior to approval and installation of a noise barrier, design review would be required.
A separate mitigation measure addresses aesthetics associated with the proposed removal of street canopy trees and low-lying vegetation to accommodate the project footprint. The project requires removal of seven trees and low-lying vegetation (including three Torrey Pines and other species such as lemon bottlebrush) in order to accommodate the replacement bridge improvements.
Six of the seven trees to be removed are located in the Camino del Mar roadway median, and one tree is located southwest of the bridge between the bridge and Sandy Lane. Two new street canopy trees would be installed within “Green Street” tree wells that will provide aesthetic and storm water control-related benefits. Additional mitigation for the loss of street tree canopy will be addressed as needed via the City’s Public Tree/Landscape Management Program. The City’s Tree Program currently identifies 78 net-new public trees that can be considered for use as mitigation for City projects, which accounts for public trees added in the last five years via various CIP projects (i.e., Civic Center Redevelopment, Court Street Park, and Downtown Streetscape). Therefore, the potential for aesthetic impacts is less than significant.
Biological Resources: Both the existing and proposed bridge structure crosses an environmentally sensitive location with biological resources associated with the San Dieguito River/Lagoon, Pacific Ocean, and Del Mar Beach. However, the proposed construction area primarily involves the existing roadway and existing developed locations. Overall, the project would result in a smaller bridge footprint in the river channel, to the benefit of biological resources that would result in a net gain in open water and enhanced aquatic functions (i.e., tidal flow, habitat, and biological function and value.) The project has been designed to avoid and minimize impacts to sensitive biological resources and wetlands to the greatest extent practicable. Most impacts to tidal areas beneath and adjacent to the bridge would be temporary and short-term; however, direct impacts could not be completely avoided due to the location of the bridge structures in relation to existing natural resources. Direct impacts to intertidal open water, mudflat, and beach habitats would occur during the removal of the existing bridge pilings and replacement of new piers. No impacts to riparian habitat would occur. Permanent and temporary impacts to narrow strips/patches of Diegan coastal sage scrub located alongside Camino del Mar, north of the bridge, also would occur.
Based on the proximity of the project to the San Dieguito River mouth, standard construction operating procedures/commitments and best management practices would be implemented for the protection of sensitive biological resources, as well as water quality, including turbidity. Project construction commitments and operating procedures for “in-water” work within the San Dieguito River mouth also would be employed. Six mitigation measures would reduce potential impacts to less than significant as follows:
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April 3, 2023
1) Pre-construction protocol surveys and listed species avoidance measures requiring that a qualified biologist determine the presence or absence of the Belding’s Savannah Sparrow prior to any construction activities during the breeding season (March 15 to June 30).
2) Construction noise abatement measures required during construction activities during the Belding’s Savannah Sparrow breeding season (March 15 to June 30) if the species is found present during pre-construction surveys. 3) Nesting bird and raptor avoidance measures, including avoidance of tree/vegetation removal during the breeding season (January 15 to July 30 for raptors; February 15 to September 30 for other avian species); and a requirement for a pre-construction nesting survey by a qualified biologist prior to activities during the breeding season.
4) Implementation of a habitat restoration plan to address the temporary and permanent impacts to Diegan coastal sage scrub. A total of 0.32 acre of Diegan coastal sage scrub is the anticipated mitigation needed, which can be addressed within the biological study area using habitat that has been mapped as disturbed, non-native vegetation and/or ornamental, or through restoration (on-site or offsite), enhancement, and/or establishment, or the purchase of credits at an approved mitigation bank.
5) Preparation of a pre-construction eelgrass survey to identify whether eelgrass is present within 100 feet of the construction footprint and associated mitigation to achieve no net loss in eelgrass function, as applicable. 6) Requirement to obtain permit approvals from the United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), California Department of Fish and Wildlife (CDFW), and California Coastal Commission (CCC) prior to any construction impacts to potentially jurisdictional resources.
Cultural Resources and Tribal Cultural Resources: There are no built environment historic resources that would be affected by the project and no known significant archaeological cultural resources, sacred lands, or Native American cultural resources in the project area of potential affects. However, important cultural resources have been identified in the project vicinity and local tribes have indicated interest in the project. The City conducted tribal consultation as part of the Assembly Bill 52 process, as addressed in the MND. A Monitoring Program and Discovery, Testing, and Treatment Plan mitigation measure is included to require that a qualified archaeologist and Kumeyaay Native American monitor be retained to participate in pre-construction meetings and conduct a cultural resources monitoring program consistent with standard protocols if cultural resources, including tribal cultural resources, are discovered. This measure will reduce potential impacts to less than significant.
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Final IS/MND Camino del Mar Bridge Replacement
April 3, 2023
Geology and Soils (Paleontological Resources): There is the potential that unique paleontological resources may be discovered during ground disturbing activities, including bridge pile installation. Therefore, two mitigation measures are included to reduce potentially significant effects to less than significant. This includes a requirement for a Paleontological Resources Monitoring and Treatment Plan to address construction monitoring procedures and treatment protocols, and to require that a qualified paleontologist be retained to participate in pre-construction meetings and conduct a paleontological resources monitoring program consistent with standard protocols if resources are discovered. This will reduce potential impacts to less than significant.
Hazards and Hazardous Materials: The project would not introduce new sources of hazardous materials; however, since Camino del Mar is an older roadway, there is potential for discovery of hazards and hazardous materials during construction. This includes the potential for hazardous materials to be encountered during removal of existing pole-mounted transformers; and the potential for elevated concentrations of lead (from use of leaded gasoline), lead based paint and asbestos, and treated wood waste to be present in demolished materials. Therefore, compliance with federal, state, and local guidelines for the treatment and disposal of such materials, and implementation of project-specific mitigation measures would be required to reduce potential impacts to less than significant:
• Require notification of the local utility company for proper testing and removal if it is determined that the existing pole-mounted transformers must be removed. • Require that a survey of asbestos containing materials be conducted by a qualified professional prior to the start of construction; and compliance with proper management and disposal requirements for remediation of the hazard if present. • Require that a survey of lead based paint containing materials be conducted by a qualified professional prior to the start of construction; and compliance with proper management and disposal requirements for remediation of the hazard if present.
Noise: The MND evaluates the potential effects of construction noise and operational noise and concludes that the project would cause a temporary increase in ambient noise levels during construction and operational noise levels that would exceed exterior noise standards at a nearby residential exterior use area. While the project would not result in increased traffic levels, there is potential for increased traffic noise levels at nearby noisesensitive receptors due to the raised elevation of the new bridge. Additionally, project construction involves vibration-generating components (e.g., pile driving) that may result in impacts should such activities occur within 110 feet of residential dwellings. Standard construction noise best management practices and project-specific mitigation measures would be implemented to reduce the potential for noise impacts to be less than significant:
• Preparation of a Construction Noise Management Plan would be required prior to initiation of construction.
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April 3, 2023
• Caltrans requires noise abatement to be considered because the predicted traffic noise level approaches Caltrans’ 67-dBA LEQ(h) exterior noise abatement criteria for residential uses on two residential properties. Therefore, a potential noise barrier is being considered to reduce traffic noise levels that may be experienced at residential exterior use areas for two residences that are located southeast of the bridge where noise standards could be exceeded.
The Del Mar Community Plan (General Plan) identifies 65 Community Noise Equivalent Level (CNEL) as the maximum noise level compatible with residential land uses and the associated noise levels estimated for future Camino del Mar traffic (with or without implementation of the project) were estimated at 67 CNEL at the exterior use areas of the two residences immediately southeast of the bridge.
Mitigation was identified as an option if desired by the respective property owners.
The Final IS/MND identifies that either a 6-foot-high barrier with a length of approximately 87 feet or a 7-foot-high barrier with a length of 59 feet along the existing fence line of the closest exterior use area would reduce noise levels at each of the residences to below 65 CNEL. The property owners have the choice to keep the existing fence or authorize the City to pursue implementation of the noise barrier to address traffic noise in which case the City would process the associated design review approval as part of the CIP Project during the engineering and design phase.
• If a vibratory pile driver is used within 110 feet of residential dwelling units, vibration monitoring would be required at such residential locations that would potentially be affected. Techniques for reduction of the power level and shielding of vibration (i.e., use of trenches) will be used as necessary to reduce vibration levels in compliance with Caltrans standards for avoiding strongly perceptible annoyance.
Parking: Parking is not a factor that is subject to CEQA; however, it was evaluated in terms of potential impacts relating to the land use and recreation categories, which were determined to be less than significant. During project construction, there will be temporary parking impacts to 54 spaces during the bridge replacement construction stages (31 spaces north of the bridge and 23 spaces south of the bridge) and a permanent loss of four parking spaces to accommodate the new bridge design, including one space located north of the bridge and three spaces located south of the bridge. A parking study conducted in May 2022, demonstrated there is sufficient parking in the project vicinity and that the proposed temporary and permanent loss of parking spaces would be less than significant.
The remaining environmental factors analyzed (Agriculture and Forestry Resources; Air Quality; Energy; Greenhouse Gas Emissions; Hydrology and Water Quality; Land Use and Planning; Mineral Resources; Population and Housing; Public Services; Recreation; Transportation; Utilities and Service Systems; and Wildfire) were determined to be less than significant (or no impact).
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Final IS/MND Camino del Mar Bridge Replacement
April 3, 2023
Therefore, the Final IS/MND concluded that the proposed Camino Del Mar Bridge Replacement Project would not result in significant impacts on the environment.
Next Steps
Once the environmental document is certified, Caltrans will authorize the City to proceed with the engineering and design phase for the project and utilize associated grant funds.
It should be noted that due to the policies and procedures of the Federal Highway Bridge Program (project funding source) the process sequencing for this bridge replacement project slightly differs from the typical review process and project sequencing. In this case, the City will be seeking authorization to submit applications for the permit approvals at a future date during the project engineering and design phase (instead of bringing the “project” approval action to the City Council in the same public hearing as the environmental document, which is typical for most development projects).
Due to the sensitivity of the location of the bridge replacement project, multiple resource agency approvals will be required including California Coastal Commission approval of a Coastal Development Permit and associated approvals from United States Army Corp of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Wildlife (CDFW) related to sensitive biological resources. In addition, a new or amended Lease Agreement for Public Agency Use would be requested from the State Lands Commission to allow temporary access onto state lands during construction. The City coordinated with these agencies during circulation of the Draft IS/MND for public review in spring 2022 and addressed all comments and questions within the Final IS/MND document. Final requirements for the respective regulatory permits will be determined in consultation with the resource agencies.
Once the entitlements are secured, the project construction phase will follow. Preliminary construction-related details have been identified where available. Project construction is estimated to occur over a 36-month period beginning June 2026. The phased construction would begin with site preparation, followed by replacement of the eastern side of the bridge, then replacement of the western side of the bridge, closure of the center median, and final improvements. Travel lanes along Camino del Mar, including vehicle, pedestrian, and bicycle lanes, would be shifted from one side to the other as the bridge is replaced.
Throughout construction, coastal access and through-traffic will be maintained.
Implementation of public outreach and traffic control plans will ensure safe public access and emergency response. There is potential for temporary disruption of access (up to 14 short-term bridge closures between the hours of 10:00 p.m. and 6:00 a.m.) if necessary to accommodate specific construction activities that for safety purposes must be conducted while the bridge is temporarily closed to the public. A more detailed construction plan will be presented to City Council in a future public hearing prior to construction.
FISCAL IMPACT: There is no fiscal action to be taken by the City Council related to this agenda item. Funding for the project is included in the approved FY 2022-2023 Operating 7 April 3, 2023 Item 11
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April 3, 2023
and Capital Budget. The estimated project cost (pre-construction and construction costs) is $50 million with the majority of the project costs (88.53% or approximately $44.3 million) covered by the Federal FHWA Highway Bridge Program (HBP) and the remaining local match covered by the City and other sources including $3.5 million from the County of San Diego and $2.2 million from the AB 179 State Priority Legislative Budget Project (PLBP).
ENVIRONMENTAL IMPACT: In accordance with the California Environmental Quality Act (CEQA), a Final IS/MND (SCH No. 2022050089) was prepared by HELIX Environmental Planning Inc. on behalf of the City of Del Mar as lead agency:
https://www.delmar.ca.us/ArchiveCenter/ViewFile/Item/1870 NEXUS TO CITY COUNCIL GOALS AND PRIORITIES: Replacement of the Camino del Mar Bridge is a multi-year CIP project/Council priority.
ATTACHMENT A: Resolution to adopt the Final IS/MND
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ATTACHMENT A
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, TO ADOPT A FINAL INITIAL
STUDY/MITIGATED NEGATIVE DECLARATION PREPARED FOR
THE CAMINO DEL MAR BRIDGE REPLACEMENT PROJECT
WHEREAS, it is the intent of the City of Del Mar to implement the Camino Del Mar Bridge Replacement Project, which is a special project on the City’s 10-year Capital Improvement Program (CIP) that would replace the existing roadway bridge over the San Dieguito Lagoon in Del Mar, California (“Project”); and WHEREAS, replacement of the existing bridge is necessary because it was determined to be structurally deficient in a 2012Final Rehabilitation Strategy Report 2012 completed by the California Department of Transportation (Caltrans); and WHEREAS, the project will maintain critical north-south access and improve public safety in consideration of potential flooding, projected sea level rise, and other potential hazard conditions; and
WHEREAS, the project is a major capital investment that has required multiple years of planning and coordination with public agencies at the federal, state, and local levels; and WHEREAS, a significant portion of the project funding is being provided via the Federal Highway Bridge Program and the federal funding allocation to the City is being administered by Caltrans; and
WHEREAS, responsibility for preparation of required environmental documents for the project is assigned respectively to Caltrans and the City whereby Caltrans is the lead agency in terms of National Environmental Protection Act (NEPA) compliance per federal law (23 United States Code 327),and the City is the lead agency for project compliance with the California Environmental Quality Act (CEQA); and WHEREAS, on May 4, 2022, a Notice of Intent (NOI) to adopt a Mitigated Negative Declaration (MND) was posted with the San Diego County Clerk’s Office; and WHEREAS, on May 5, 2022, the NOI was published in a newspaper of general circulation within the City of Del Mar and a copy of the NOI was mailed to property owners within a 300-foot radius around the Project Area and all interested parties and organizations on-file; and
WHEREAS, an Initial Study and Mitigated Negative Declaration (MND), State Clearing House (SCH) No. 2022050089, for the project was prepared in accordance with applicable law, including the CEQA, Public Resources Code of Regulations section 21000 et seq., and the CEQA Guidelines, 14 California Code of Regulations section 15000 et seq.; and
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Resolution 2023-XX
WHEREAS, between May 5 and June 3, 2022, the City made the draft Initial Study and MND available to the public for the required 30-day circulation period and the Governor’s Office of Planning and Research distributed the MND to responsible agencies for the same 30-day public review period; and
WHEREAS, public comments were received during the circulation period and all comments were addressed as part of the Final IS/MND for the Project; and WHEREAS, the Final IS/MND concluded that the project will not result in significant impacts because the combination of applicable regulatory requirements, standard construction procedures, project design features, and mitigation, monitoring and reporting program requirements will effectively reduce potential environmental impacts to less than significant; and
WHEREAS, on March 14, 2023, the Planning Commission unanimously recommended approval of the Final IS/MND to the City Council; and WHEREAS, on April 3, 2023, the City Council of the City of Del Mar held a duly noticed public hearing to review the Final IS/MND, and at which time all persons desiring to be heard were heard.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar certify the MND for the Camino Del Mar Bridge Replacement Project based on the following findings:
1. That the Final IS/MND (SCH No. 2022050089) for the Project has been prepared in compliance with CEQA (California Public Resources Code Section 21000 et seq.), as amended, and the CEQA Guidelines thereto (14 California Code of Regulations Section 15000 et seq.); and
2. That the Final IS/MND for the Project reflects the independent judgment of the City of Del Mar as the Lead Agency; and
3. That the Final IS/MND for the Project is accurate and complete.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, State of California, at a Regular Meeting held on the 3 rd day of April 2023.
___________________________
Tracy Martinez, Mayor
City of Del Mar
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Resolution 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, NESTOR MACHADO, Acting City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2023- XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 3
rd day of April 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Nestor Machado, Acting City Clerk
City of Del Mar
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: April 3, 2023
SUBJECT: Re-Adoption of the 6th Cycle Housing Element – General Plan Amendment (GPA20-003)
REQUESTED ACTION/RECOMMENDATION
Staff recommends the City Council adopt the Resolution (Attachment A) to re-adopt the General Plan Amendment GPA20-003 for the 6th Cycle Housing Element as revised to address comments from the State Department of Housing and Community Development (HCD) and authorize submittal to HCD for approval and final certification.
EXECUTIVE SUMMARY
The Housing Element is a required component of the City’s General Plan (Community Plan) that must be updated every eight years. After a multi-year public process, the City Council initially adopted the 6th Cycle Housing Element on March 25, 2021, and re-adopted the Housing Element on December 13, 2021. The City submitted each adopted Housing Element iteration to HCD for review. HCD then issued letters to the City on July 9, 2021, and March 21, 2022, reporting the results of their review and identifying areas that would need to be addressed to achieve certification. The HCD letters are linked on the City’s Housing Element website: https://www.delmar.ca.us/772/Housing-Element-Update-6th-Cycle-Housing HCD sent the City a “Letter of Inquiry” on August 25, 2022, inquiring about the status of the City’s Housing Element revisions. The City’s response to HCD’s Letter of Inquiry (Attachment B) demonstrates the City has participated in HCD office hours, submittal of informal drafts for review, and additional meetings and has promptly responded to each inquiry and communication from HCD via phone, email, and/or formal letters in an effort to understand the final Housing Element modifications needed for HCD certification.
On November 10, 2022, the City formally submitted a revised draft Housing Element to HCD for review and received a response letter on January 13, 2023, identifying additional revisions.
After multiple meetings with HCD staff, a revised Housing Element draft addressing HCD’s comments was posted on the City’s website on March 15, 2023, which has provided 1 April 3, 2023 Item 12
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Re-Adoption of Housing Element
April 3, 2023
approximately three weeks of public review and comment prior to the City Council re-adoption action and submittal to HCD.
The main differences between the adopted Housing Element (December 2021) and revised Housing Element involve four main areas where HCD identified a need for clarifications and revisions, including Affirmatively Furthering Fair Housing (AFFH); clarification of the adopted housing plan commitments; reformatting of Appendix B Sites Analysis; and a more comprehensive record of public participation in Appendix H.
A copy of HCD’s most recent letter dated January 13, 2023 is provided in Attachment C. The proposed Resolution (Attachment A) includes a matrix showing how HCD’s requested edits have been addressed in the revised Housing Element. The proposed Housing Element (Chapters 1-4) can be reviewed via the following link:
https://www.delmar.ca.us/DocumentCenter/View/8579/Combined-Chapters-1-4 Individual Housing Element files, Appendices, and redline versions are also available here:
https://www.delmar.ca.us/772/Housing-Element-Update-6th-Cycle-Housing DISCUSSION/ANALYSIS:
The Resolution in Attachment A confirms that the Planning Commission and City Council each conducted multiple noticed public hearings prior to adoption and re-adoption of the Housing Element (as applicable); and considered substantial evidence in the record as the basis for their respective actions including modification of the Housing Element per California Government Code Sections 65585(e) and (f) in consideration of the findings expressed by HCD in letters to the City dated July 9, 2021; March 21, 2022; and January 13, 2023. As such, the Resolution also reflects that the Housing Element has addressed all revisions and clarifications requested by HCD relating to the four main topic areas described below.
Reaffirming City’s Commitment to Affirmatively Furthering Fair Housing The revised Housing Element includes clarifying edits to reaffirm the City’s commitment to fair housing per Housing Element law (Government Code Section 65583) and clarify the adopted housing actions that are planned to create new affordable housing opportunities and improve housing choice and affordability. Demonstrating AFFH compliance to the satisfaction of HCD has continually been refined since State Guidance on AFFH (April 2021) was published after the City adopted its initial 6th cycle Housing Element on March 25, 2021, and the associated criteria required for certification are still evolving.
To address HCD feedback, the City incorporated revisions in Program 6B (AFFH) as well as other fair housing-related programs (i.e., Environmental Justice and Resources/Assistance for special needs households). The City’s programs identify specific metrics, targets, and actions Del Mar will take to create new opportunities at a range of income levels to improve housing choice and affordability. HCD requested that the Housing Element identify a goal to create additional housing opportunities specifically to address lower income and special needs households. The existing Housing Element goal also identifies opportunities for moderate households within the objective to achieve a range of income levels. As requested 2 April 3, 2023 Item 12
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by HCD, Program 6B identifies a goal to create 100 additional housing opportunities for moderate income, lower income and special needs households (beyond what was assigned to the City in the regional allocation) and identifies corresponding strategies and programs in the implementation plan that can achieve this goal and other fair housing objectives identified in the Housing Element. This goal is substantially consistent with the previously adopted Housing Element, which includes a combination of programs and suite of actions to generate sufficient capacity to cover the City’s RHNA obligation and the additional 100 opportunities without the need to create any new programs and/or upzoning actions.
Clarification of Planned Actions in the Adopted Housing Plan The revised Housing Element includes some housing program modifications to clarify the City’s housing plan and add specificity in terms of metrics, milestones, timelines, and actions.
In consultation with HCD, milestones and completion dates for some programs were modified to reflect the State’s priority for early completion of programs that facilitate and incentivize housing production and capacity for new dwelling units by April 2024, which correlates to the timeframe for the first three years of the 6th Cycle. This deadline applies to Program 1C (Central Commercial Zone), Program 1H (Public Facilities Zone), Program 3A (Fairgrounds), and Program 3B (City-owned sites). To reduce overlap with the completion dates for implementation of new incentives and housing opportunities, HCD accommodated the City’s request to adjust the timelines for the following programs:
• Programs 1G (Density Bonus), 4D (Inclusionary Housing), and 4E (Condo Conversions) from December 2023 to June 2024, including a milestone for consultant selection by December 2023
• Programs 4A (Residential Care) and 4B (Emergency Shelters and Transitional/Supportive Housing) from December 2023 to December 2024, including a milestone for consultant selection by December 2023
• Program 6G (Objective Design Standards) from June 2023 to June 2024, including a milestone for consultant selection by July 2023
The City also demonstrated to HCD that all sites in the Housing Element sites inventory, including non-vacant sites and sites less than one-half acre, are adequate sites that do not constitute an impediment to residential development. The City’s planning studies for public sites completed in June 2022 per Program 3B (Housing Element Appendix E) and privatelyowned sites completed in January 2023 per Program 1K (Housing Element Appendix I), demonstrated feasibility of those sites and was instrumental in addressing prior questions raised by HCD relating to various non-vacant sites and small sites.
The City also clarified its intent with respect to implementation of affordable housing on public sites. Program 3B was revised to clarify the that City will contact Habitat for Humanity and similar non-profit organizations to solicit interest in a potential partnership for the type of smallscale affordable housing development (three to four small units per lot) as contemplated for the two City-owned sites per the previously adopted Housing Element. HCD required 3 April 3, 2023 Item 12
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incorporation of additional milestones to build at least seven lower income units, which would apply if the City is unable to secure a binding agreement with the State per Program 3A for at least 61 lower income units (as necessary to preserve an option where housing at the Fairgrounds would be sufficient to cover the seven units assigned to the two City-owned small sites in addition to the 54 units assigned to the Fairgrounds). Following are the added milestones:
• Seek a City Council decision by 2025 of whether to pursue a City development project on the two City-owned sites or an alternative strategy (i.e., land disposition in accordance with the Surplus Lands Act);
• Proceed with the necessary entitlements and processing steps for development (i.e., assistance with site preparation, development incentives, or other strategies); • Report progress to HCD on an annual basis; and
• If at least seven building permits for lower income units have not been issued by 2027, then the City will identify alternative sites with appropriate zoning and development standards to facilitate development of at least seven lower income units within one year.
Additional examples of commitments in process to create new affordable housing opportunities and improve housing choice and affordability include the City’s commitment to process multiple ordinances by December 2023:
• To create new incentives for production of lower income units such as through deedrestriction of small accessory units (i.e., Program 2A ADUs, Program 2B ADU Amnesty, and Program 2F Tiny Houses); and
• To create new incentives for incorporation of deed-restricted units on existing multiunit and non-residential infill sites (Programs 1D, 1I and 5A).
Reformat of Appendix B Sites Analysis
The revised Housing Element includes a reformat and replacement of the prior Appendix B Candidate Sites Analysis. No substantive changes were made to the sites inventory, which has continued to identify sufficient sites with adequate and realistic capacity to meet the assigned Regional Housing Needs Assessment (RHNA) for above moderate, moderate income, and lower income units. Completion of planning studies in January 2023 further demonstrated the feasibility of non-vacant and small sites in the inventory.
Public Participation
The 6
th Cycle Housing Element update overall has involved a multi-year process and extensive public participation that went above and beyond the requirements per State law. A variety of opportunities were provided to allow for meaningful community participation 4 April 3, 2023 Item 12
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throughout the process, even where in-person meetings were restricted for public health, safety, and welfare due to the COVID 19 pandemic. The community engagement included nine meetings of the 6th Cycle Housing Element Ad-Hoc Citizens’ Task Force (including one Saturday in-person public workshop), a community survey, multiple additional public meetings and informational sessions, and formal public hearings with the Planning Commission and City Council. The record of community engagement through 2021 is provided in Appendix C and a more comprehensive record of public participation has been reflected in a new Appendix H.
Since 2020, the general public and interested persons have been made aware of all Housing Element drafts prior to decision points relating to adoption through formal notice of public hearings (published, mailed, and posted), which in some cases also included mailed notice to all City residents and property owners. Each public draft has been posted on the City website and made available for public review. The November 2022 Housing Element draft (which was not formally presented to the City Council) has been posted on the City’s website since January 13, 2023, together with the record of HCD letters. The substantive content of all revised drafts has remained substantially similar to the prior City Council adopted versions of the 6th Cycle Housing Element.
Since that time, City staff and HCD staff have been in coordination and participated in multiple meetings to further refine and supplement the draft and reach an understanding of the final modifications needed to receive a finding of substantial compliance from HCD. The general public and interested persons have received multiple notices of the pending final draft as further described below. The City posted a revised March 2023 draft of the Housing Element for public review on March 15, 2023, emailed notice to HCD and interested persons with a link to review the revised draft, and identified the City’s intent to hold a public hearing on April 3, 2023, to consider final re-adoption of the revised Housing Element. On March 20, 2023, the City Manager announced availability of the draft Housing Element to the public during the City Council meeting. In addition, Newsflash articles with this information were emailed and posted on the City’s website on March 21 and 24, 2023.
Throughout the process, where public comments have been submitted (including comments submitted to HCD that were forwarded to the City), they were considered, and where applicable, addressed through incorporation of revisions in the Housing Element. Note that the final Housing Element version (April 2023) posted on the website for City Council adoption includes all edits identified in the posted March 2023 redline drafts and two minor nonsubstantive administrative corrections as described below and posted on the website:
• Modification to Chapter 1 page 1-10 to reflect incorporation of the new Appendices E, F, G, H, and I
• Modification to the Chapter 4 Summary Table on page 4-3 to make a minor correction to match the language in Program 3A (Fairgrounds Housing) A record of public correspondence concerning the 6
th Cycle Housing Element submitted in
the timeframe between City Council action in December 2021 and preparation of this report 5 April 3, 2023 Item 12
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for re-adoption is provided in Attachment D. Notably this includes regional support letters for the City’s Housing Element relating to the potential for affordable housing on the Fairgrounds property submitted by SANDAG and County Supervisor Terra Lawson-Remer (Housing Element Appendix F) and a support letter from the California 22nd District Agricultural Association (Housing Element Appendix G) relating to Housing Acceleration Program (HAP) Grant funding, which has since supported consulting services, various studies, and completion of architectural concepts and financial feasibility reports that demonstrate feasibility of the plan for housing on the State Fairgrounds property. The City is still coordinating with these agencies and other State and regional partners to secure a binding agreement by April 2024 per 6th Cycle Program 3A.
FISCAL IMPACT:
There is no fiscal impact or fiscal action to be taken by the City Council related to this agenda item.
ENVIRONMENTAL IMPACT:
The 6th Cycle Housing Element Final Program Environmental Impact Report (PEIR) and Mitigation, Monitoring, and Reporting Program (MMRP) was certified by the City Council on October 5, 2020 (State Clearinghouse (SCH) No. 2020029064). The 6th Cycle Final PEIR is available at: www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 The 6th Cycle Housing Element Programs are also covered, in part, by a separate PEIR (SCH No. 2019029058) prepared for the 5th Cycle Housing Element Programs 2E (NC zone) and 2F (PC zone). The NC/PC PEIR, which analyzed future housing in the NC, PC, and PF Zones, was certified by the City Council on September 8, 2020.
The NC/PC Final PEIR is available at: www.delmar.ca.us/Archive.aspx?ADID=1428 No subsequent or supplemental EIR is required, in that no substantial evidence has been submitted, pursuant to CEQA Guidelines Section 15162, demonstrating that substantial changes are proposed in the Housing Element involving new significant effects or an increase in the severity of previously identified effects; substantial changes have occurred with respect to the circumstances under which the Housing Element is being adopted; or that new information has demonstrated that new significant effects will occur.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
Completion of the process to obtain State certification of the Housing Element is an operational item that relates to multiple housing-related City Council priority special projects.
ATTACHMENTS:
Attachment A – Resolution to Re-Adopt Housing Element
Attachment B – City Response to HCD Letter of Inquiry dated August 25, 2022 Attachment C – Most Recent HCD Review Findings Letter dated January 13, 2023 Attachment D – Public Correspondence
6 April 3, 2023 Item 12
Attachment A
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, TO RE-ADOPT THE 6TH CYCLE HOUSING
ELEMENT (GPA 20-003), WHICH IS THE CITY’S HOUSING
PLAN COVERING THE YEARS 2021-2029, THAT
CONSTITUTES AN AMENDMENT TO THE CITY OF DEL MAR
COMMUNITY PLAN (GENERAL PLAN), APPLICABLE
CITYWIDE WITHIN THE CITY OF DEL MAR, CALIFORNIA IN
COMPLIANCE WITH STATE HOUSING ELEMENT LAW; AND
AUTHORIZING STAFF TO SUBMIT THE RE-ADOPTED 6TH
CYCLE HOUSING ELEMENT TO THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT (HCD) FOR CERTIFICATION
WHEREAS, the City of Del Mar Community Plan is the General Plan for the City of Del Mar; and
WHEREAS, the Housing Element is a required component of the City’s Community Plan that is required by State law to be updated every eight years; and WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq) requires that the City Council adopt a Housing Element for the eight year period 2021-2029 to accommodate the City of Del Mar regional housing need allocation (RHNA) of 163 housing units, comprised of 37 very-low income units, 64 low-income units, 31 moderate-income units, and 31 above moderate-income units and an additional 12 low income unit “carryover” from the 5th Cycle planning period (2013- 2021) for a total 6th Cycle obligation of 175 units including 113 lower income units; and WHEREAS, the City of Del Mar has prepared Housing Element 2021-2029 (6th Cycle Housing Element) in compliance with State Housing Element Law and by this action the City has identified sites that can accommodate housing units to meet the City’s RHNA; and
WHEREAS, as provided in Government Code Section 65350 et. seq., adoption of the Housing Element constitutes a General Plan Amendment; and WHEREAS, the preparation, adoption, and implementation of the Housing Element requires the City to continue its diligent efforts to include all economic segments of the community; and
WHEREAS, on February 21, 2020, the City mailed letters to all California Native American tribes provided by the Native American Heritage Commission and to other entities listed providing notification of the Housing Element Update project and offering tribal consultation in accordance with Government Code Sections 65352 – 65352.5 and 7 April 3, 2023 Item 12
Resolution No. 2023-XX
the requirements of the California Environmental Quality Act and California Assembly Bill AB52, and Senate Bill SB18; and
WHEREAS, in response to the City’s notifications, some tribes inquired about the project, however, no California Native American tribe requested consultation; and WHEREAS, the City conducted extensive community outreach over the last 40 months which included nine public meetings of the 6th Cycle Housing Element Ad-Hoc Citizens’ Task Force (including one Saturday in-person public workshop), a community survey, and multiple additional public meetings, informational sessions, and formal public hearings with the Planning Commission and the City Council; and WHEREAS, the 6th Cycle Housing Element involved a multi-year planning and public outreach work plan and reflects input from the City Council, Planning Commission, 6th Cycle Housing Element Update Ad-Hoc Citizens’ Task Force, HCD, and public comments; and
WHEREAS, on September 15, 2020, the Planning Commission recommended approval of the 6
th Cycle HEU Final Program Environmental Impact Report (PEIR) and associated Mitigation, Monitoring, and Reporting Program (MMRP) (State Clearinghouse (SCH) No. 2020029064) in a duly noticed public hearing and recommended approval of the draft Housing Element update; WHEREAS, on October 5, 2020 the City Council adopted Resolution 2020-51 certifying the 6
th Cycle HEU Final Program Environmental Impact Report (PEIR) and MMRP (State Clearinghouse (SCH) No. 2020029064) in a duly noticed public hearing; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA) the 6th Cycle Housing Element Programs are also covered, in part, by a separate PEIR (SCH No. 2019029058) prepared for amendments related to 5th Cycle Housing Element Programs 2E (NC zone) and 2F (PC zone) that was adopted by the City Council as Resolution 2020-47 on September 8, 2020; and
WHEREAS, on October 5, 2020, the City Council adopted Resolution 2020-52 approving the draft 6
th Cycle Housing Element and authorizing staff to submit it to HCD for review and comment in accordance with Housing Element certification procedures set forth by State law; and
WHEREAS, the draft Housing Element was posted on the City’s website by September 8, 2020, which was at least six weeks prior to City Council approval and submittal of the approved draft to HCD for review and comment; and 8 April 3, 2023 Item 12
Resolution No. 2023-XX
WHEREAS, on October 20, 2020, the City posted a copy of the approved Draft 6 th Cycle Housing Element Update on the City website and submitted it to HCD for review and comment in accordance with State Housing Element Law; and WHEREAS, on December 14, 2020, the City held an informational public discussion/workshop concerning the 6th Cycle Housing Element and State Housing Element Law at a duly noticed public meeting of the City Council; and WHEREAS, on December 17, 2020, HCD provided a letter to the City reporting the results of its review of the draft Housing Element and identifying data and corrections needed for compliance with State Housing Element Law; and WHEREAS, the HCD response letter was posted on the City website for public review; and
WHEREAS, on January 19, 2021, the City held a public discussion at a duly noticed public meeting of the City Council to discuss the 6th Cycle Housing Element comments provided by HCD and remaining process required for adoption of a final Housing Element by April 15, 2021 in accordance with State Housing Element Law; and
WHEREAS, on February 16, 2021, the City Council held a public discussion and provided direction to staff relating to completion of the 6th Cycle Housing Element; and WHEREAS, on March 9, 2021, in a duly noticed public hearing the Planning Commission reviewed the 6th Cycle Housing Element and recommended approval to the City Council; and
WHEREAS, on March 25, 2021, in a duly noticed public hearing, the City Council adopted Resolution 2021-14 for General Plan Amendment (GPA 20-003) to adopt the 6 th Cycle Housing Element covering the years 2021-2029 to replace the existing 5th Cycle Housing Element, which covers the prior planning period for the years 2013-2021 that ended on April 15, 2021; and
WHEREAS, the revised draft Housing Element was posted on the City’s website on March 2, 2021, which was at least three weeks prior to City Council adoption and submittal of the adopted Housing Element to HCD for review in accordance with State Housing Element Law; and
WHEREAS, HCD subsequently reviewed the City’s adopted Housing Element and responded with a letter dated July 9, 2021, reporting the results of its review and identifying additional data and corrections needed for certification; and 9 April 3, 2023 Item 12
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WHEREAS, the revised draft Housing Element was posted on the City’s website on November 2, 2021, which was at least six weeks prior to City Council adoption and submittal of the re-adopted Housing Element to HCD for review in accordance with State Housing Element Law; and
WHEREAS, on November 9, 2021, in a duly noticed public hearing the Planning Commission recommended that the City Council adopt the revised 6th Cycle Housing Element with the revisions that reflect the feedback provided in HCD’s July 9, 2021 review letter and clarifications provided by HCD staff in coordination meetings; and WHEREAS, on December 13, 2021, in a duly noticed public hearing the City Council unanimously voted to adopt Resolution 2021-56 to re-adopt the 6 th Cycle
Housing Element as revised and directed staff to submit it to HCD for review and comment in accordance with Housing Element certification procedures set forth by State law; and
WHEREAS, HCD reviewed the revised Housing Element and responded with a letter dated March 21, 2022, reporting the results of its review and identifying additional data and corrections needed for its certification; and
WHEREAS, City staff and HCD staff have participated in multiple meetings and have been in close coordination during all development stages of the Housing Element in order to reach an understanding of the final modifications needed to obtain HCD’s concurrence that the 6th Cycle Housing Element is in substantial compliance with State Housing Element Law; and
WHEREAS, the City completed 6th Cycle Program 3B Phase I planning studies in June 2022 that demonstrated feasibility of the public sites in the City’s adopted sites inventory, including the Fairgrounds and two City-owned vacant, small sites; and WHEREAS, on November 10, 2022, the City submitted a revised draft for HCD review, which HCD deemed as filed for a review period beginning November 13, 2022; and
WHEREAS, in January 2023, the City completed 6th Cycle Program 1K Phase II planning studies that demonstrated feasibility of the privately-owned sites in the City’s adopted sites inventory, including non-vacant sites and small sites; and WHEREAS, on January 13, 2023, HCD responded with a letter reporting the results of its review of the revised Housing Element (November 2022) and shared public correspondence related to the City’s Housing Element that had been submitted to HCD but not the City; and
10 April 3, 2023 Item 12
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WHEREAS, the HCD letter (January 2023) and November 2022 draft Housing Element documents have been posted on the City’s website since January 13, 2023, with the revised Housing Element being made available for public review for at least fifteen weeks prior to City Council re-adoption action in a duly noticed public hearing and prior to submittal of the re-adopted Housing Element to HCD for review and certification in accordance with State Housing Element Law; and WHEREAS, since January 2023, City staff and HCD staff have participated in multiple meetings to further refine and supplement the revised draft Housing Element and reach an understanding of the final modifications needed to obtain a HCD “finding of substantial compliance”; and
WHEREAS, on March 15, 2023, the City posted a revised draft of the 6th Cycle Housing Element on the City’s website with notification to the public of the City’s intent to schedule a public hearing on April 3, 2023 for adoption of a revised Housing Element which was provided to the public at least three weeks prior to the scheduled City Council re-adoption action and prior to submittal to HCD for final certification review in accordance with State Housing Element Law; and
WHEREAS, on March 16, 2023, the City sent emails notifying interested persons that the revised draft 6th Cycle Housing Element is available for public review and included a website link to the revised draft;
WHEREAS, on March 20, 2023, the City Manager announced availability of the draft Housing Element to the public during the City Council meeting; and WHEREAS, on March 21 and 24, 2023, the City posted and distributed a Newsflash article to the community linking to the revised draft and notifying the public of the City’s intent to schedule a public hearing on April 3, 2023 to adopt a revised Housing Element; and
WHEREAS, on March 23, 2023, the City posted, published, and mailed notice of a public hearing of the City Council on April 3, 2023 to adopt a revised Housing Element; and
WHEREAS, the City’s overall stated housing goal continues to be to “inspire a more diverse, sustainable, and balanced community through implementation of strategies and programs that will result in economically and socially diversified housing choices that preserve and enhance the special character of Del Mar”; and WHEREAS, the Housing Element revisions reaffirm the City’s commitment to Affirmatively Furthering Fair Housing (AFFH) and clarify the adopted housing actions that are planned to create new affordable housing opportunities and improve housing choice and affordability; and
11 April 3, 2023 Item 12
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WHEREAS, one goal that was added to the revised Housing Element to demonstrate the City’s commitment to AFFH is to create 100 additional housing opportunities for moderate income, lower income, and special needs households in reliance on the outcomes of a suite of programs and actions included in the Housing Element implementation plan; and
WHEREAS, the proposed Housing Element revisions also include a reformat of the Appendix B “Candidate Sites Analysis” and a new Housing Element Appendix H “Public Participation” record that supplements the community engagement record previously included in the adopted Housing Element to better identify the comprehensive record of public participation; and
WHEREAS, every Community Plan planning district is accounted for in the “Housing Plan” actions identified to meet the City’s housing obligations which means there are potential opportunities for creation of lower income units in geographic areas citywide; and
WHEREAS, the Chapter 4 “Housing Plan” identifies actions to meet each of the City’s stated housing goals related to production, Accessory Dwelling Units (ADUs), housing opportunities on the 22nd District Agricultural Association property (State Fairgrounds), “affordable housing” options available to a variety of income levels and housing needs, preservation of existing housing stock, sustainability, and promotion of housing resources and assistance opportunities; and
WHEREAS, the proposed “Housing Plan” includes a variety of strategies (i.e.
ADUs, tiny houses, and incentive programs) that can accommodate dwelling units on lots dispersed throughout the City, including lots that are privately owned or publicly owned; and
WHEREAS, the housing programs identify specific metrics, targets, and timelines for actions that are planned to create new affordable housing opportunities and improve housing choice and affordability; and
WHEREAS, “affordable housing” refers to units that are restricted for rent to households with an annual household income no greater than 80 percent of the area median income for the San Diego County region; and
WHEREAS, during the 5th Cycle the Del Mar City Council adopted zoning ordinances that created sites in the North Commercial Zone and Professional Commercial Zone meeting the minimum density standard applicable to the City of Del Mar per State law by allowing a residential density of 20 du/ac and thereby creating sites with sufficient density that could be relied on to meet the RHNA; and 12 April 3, 2023 Item 12
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WHEREAS, sites in the North Commercial Zone and Professional Commercial Zone have been consistently identified as land suitable for residential development that can meet the City’s 6th Cycle RHNA and provide additional housing capacity; and WHEREAS, the 6th Cycle Housing Element sites inventory identifies specific sites within the North Commercial Zone and Professional Commercial Zone as well as sites in other locations throughout the community that are being relied upon to meet the City’s 6
th Cycle RHNA; and
WHEREAS, one key strategy in the Housing Element is to vigorously pursue opportunities on the State Fairgrounds property to satisfy a significant portion of the City’s required affordable housing which will require securing a binding agreement with the State for a partnership to facilitate City site control and the ability to build affordable housing on a portion of the State Fairgrounds property; and WHEREAS, another key strategy involves amending existing zones to accommodate affordable housing, including amending the Central Commercial Zone to allow at least 20 du/ac and amending the Public Facilities Zone to clarify that residential use is an allowed use on City-owned properties; and
WHEREAS, the proposed strategies to create affordable housing are consistent with the Community Plan goals to facilitate lower cost housing for low and moderate income households, facilitate housing for seniors close to the Village Center, and insure adequate housing for diverse age and socio-economic groups within the community; and
WHEREAS, all of the proposed Housing Element revisions are substantially consistent with the prior adopted Housing Element reviewed by the Planning Commission, therefore no additional Planning Commission review and recommendation is required prior to City Council adoption of the revised Housing Element; and
WHEREAS, by March 23, 2023, notice of public hearing of the City Council was posted, published, and mailed in accordance with State law informing the public of the scheduled meeting of the City Council on April 3, 2023 to re-adopt the 6th Cycle Housing Element; and
WHEREAS, on April 3, 2023, the City Council conducted a duly and properly noticed public hearing to take public testimony and consider this Resolution regarding the proposed Housing Element, which reflects the City Council’s review and consideration of the Housing Element and all pertinent maps, documents and exhibits, including HCD’s written findings, the City’s response to HCD’s findings, the staff report and all attachments, and oral and written public comments. 13 April 3, 2023 Item 12
Resolution No. 2023-XX
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Del Mar, California, based on substantial evidence in the whole of the administrative record, hereby finds and declares the following:
1. The foregoing recitals are true and correct and are incorporated by reference into this action.
2. The 6
th Cycle Housing Element substantially complies with State Housing Element Law, as provided in Government Code 65580 et seq., and contains all provisions required by State Housing Element Law, as shown in “Exhibit A” to this resolution, and hereby incorporated herein.
3. The existing uses on non-vacant sites and small sites identified in the Housing Element sites inventory do not constitute an impediment to planned residential development on the sites and are either likely to be discontinued or are feasible for development without discontinuation of existing uses, during the planning period based on substantial evidence in the record including:
a. The analysis and data contained in Housing Element Chapter 3; and b. Completion of 6
th Cycle Program 3B Phase I planning studies in June 2022 that demonstrated architectural design and financial feasibility of the public sites listed in the City’s adopted sites inventory, including the State Fairgrounds and two City-owned vacant, small sites; and c. Completion of 6
th Cycle Program 1K Phase II planning studies that
demonstrated architectural design and financial feasibility of the privatelyowned sites in the City’s adopted sites inventory, including non-vacant sites and small sites in the North Commercial zone and the Professional Commercial zone.
4. In accordance with State Housing Element Law, the City of Del Mar has identified sites throughout the community that can be developed within the planning period and that are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels. This determination of adequate sites is based on the meaning set forth per State Housing Element Law and is independent of and not reliant upon completion of any rezoning action.
5. The 6th Cycle Housing Element Final Program Environmental Impact Report (PEIR) and Mitigation, Monitoring, and Reporting Program (MMRP) was certified by the City Council on October 5, 2020 (State Clearinghouse (SCH) No. 2020029064). Further, the 6th Cycle Housing Element Programs are also covered, in part, by a separate PEIR (SCH No. 2019029058) prepared for the 5th Cycle Housing Element Programs 2E (NC zone) and 2F (PC zone). The 14 April 3, 2023 Item 12
Resolution No. 2023-XX
NC/PC PEIR, which analyzed future housing in the NC, PC, and PF Zones, and was certified by the City Council on September 8, 2020.
No subsequent or supplemental EIR is required, in that no substantial evidence has been submitted, pursuant to CEQA Guidelines Section 15162, demonstrating that substantial changes are proposed in the revised Housing Element involving new significant effects or an increase in the severity of previously identified effects; that substantial changes have occurred with respect to the circumstances under which the Housing Element is being revised and readopted; or that new information has demonstrated that new significant effects will occur.
NOW, THEREFORE, BE IT FURTHER RESOLVED, as required by Government Code Section 65585(e), the City Council has considered all comments and findings made by HCD in the Department’s letter to the City of Del Mar dated January 13, 2023, reviewing the most recent Housing Element draft submitted to HCD for formal review, consistent with Government Code Section 65585(f), and as described in “Exhibit B” to the resolution, incorporated herein, the City Council has modified the Housing Element in response to the findings of the Department to substantially comply with the requirements of State Housing Element law as interpreted by HCD.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Del Mar, does hereby re-adopt General Plan Amendment GPA 20-003 adopting the revised 6
th Cycle Housing Element on file with the City Clerk and posted on the City’s website: https://www.delmar.ca.us/772/Housing-Element-Update-6th-Cycle-Housing NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, that this resolution shall become effective upon adoption, and that the City Council does hereby authorize staff to submit the re-adopted 6 th Cycle Housing
Element to HCD to find that the 6th Cycle Housing Element is in substantial conformance with State Housing Element Law, and to distribute copies of the Housing Element in the manner provided by Government Code Sections 65357 and 65589.7, in accordance with the procedures set forth by State law, and to make all non-substantive changes to the Housing Element to make it internally consistent and to address any non-substantive changes or amendments requested by HCD to achieve a finding of substantial conformance.
15 April 3, 2023 Item 12
Resolution No. 2023-XX
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held on the 3
rd day of April 2023.
___________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
__________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, NESTOR MACHADO, Acting City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2023-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 3rd day of April 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Nestor Machado, Acting City Clerk
16 April 3, 2023 Item 12
3/24/2023 1
Resolution “EXHIBIT A”
Housing Element Statutory Provisions Checklist (2022)
Section 65583
Government Code Provision Housing Element
Compliance
The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing.
Chapters 1, 2, 3, 4
The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community.
Chapters 2, 3, 4 and
Appendix B
The element shall contain all of the following:
(a) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following:
Chapters 2 and 3
(a)(1) An analysis of population and employment trends and documentation of projections. Chapter 2 Addresses population trends p.
2-1 to 2-4 and
employment/wages
p. 2-4 to 2-6
(a)(1) A quantification of the locality’s existing and projected housing needs for all income levels.
Chapter 2
Addresses existing
and projected
housing for seniors
p. 2-14 to 2-16,
disabled persons p.
2-16 to 2-20, large
households p. 2-20,
single parent 2-1,
farmworkers p. 2-21
to 2-22, ELI 2-22 to
2-23, homeless p. 2-
24 to 2-27, and
students p. 2-27 and
housing growth
projection p. 2-27
and affordable
housing needs p. 2-
37 to 2-39
17 April 3, 2023 Item 12
2 Government Code Provision Housing Element
Compliance
(a)(2) An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.
Chapter 2
Household
characteristics p. 2-
6 to 2-27,
overcrowding (p. 2-
13 to 2-14),
housing stock
characteristics p. 2-
27 to 2-31, housing
costs/ability to pay
p. 2-31 to 2-37
(a)(3) An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction’s duty to affirmatively further fair housing. Note: Please see Section 65583.2 regarding the land inventory.
Chapter 3
p. 3-53 to 3-83
and
Appendix B
(a)(4) Emergency shelters:
(a)(4)(A) The identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, emergency shelters.
(a)(4)(B) The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(a)(4)(D) A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zones for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
Chapter 3
p. 3-20 and
3-23 to 24
Identifies adequate
capacity for
emergency shelters
in NC zone.
Ministerial approval
process.
Ordinance in place
per 5th Cycle
Housing Element
Chapter 4
Program 4B
identifies actions to
ensure compliance
with State law
(News standards
per AB 2339 not
applicable)
18 April 3, 2023 Item 12
3 Government Code Provision Housing Element
Compliance
(a)(5) An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels (i.e., multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, transitional housing, and persons with disabilities).
Chapter 3
p. 3-19 to
3-27
(a)(5) Analysis of land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures and any locally adopted ordinances that directly impact the cost and supply of residential development and analysis of local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584.
Chapter 3
p. 3-5 to 3-19,
3-33 to 3-40,
3-55 to 3-67
(a)(5) Analysis of constraints meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters.
Chapter 3
p. 3-21 to 3-27
(a)(6) An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, and the cost of construction.
Chapter 3
p. 3-1 to 3-5,
3-67 to 3-69
(a)(6) Analysis of requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2.
Chapter 3
p. 3-13
(a)(6) Analysis of the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Section 65584.
Chapter 3
p. 3-37
(a)(6) Analysis that demonstrates local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing.
Chapters 3 and 4
Identifies various
programs including
new incentives,
financial resources,
and assistance
resources
19 April 3, 2023 Item 12
4 Government Code Provision Housing Element
Compliance
(a)(7) An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter.
Chapter 2
Addresses special
housing needs for
seniors p. 2-14 to 2-
16, disabled persons
p. 2-16 to 2-20,
large households p.
2-20, single parent
2-1, farmworkers p.
2-21 to 2-22, ELI 2-
22 to 2-23,
homeless p. 2-24 to
2-27, and students
p. 2-27
(a)(7) Analysis of homelessness
The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a yearround and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions.
Chapter 2
p. 2-24 to 2-27
Homeless analysis
and multiple pointin-time counts show
adequate capacity
(a)(8) An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
Chapter 3
p. 3-85 to 3-87
(a)(9) An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. “Assisted housing developments,” for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. “Assisted housing developments” shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65915.
Chapter 2
p. 2-37
20 April 3, 2023 Item 12
5 Government Code Provision Housing Element
Compliance
(b)(1) A statement of the community’s goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing.
Primarily
Housing goals
#6 and #7
Chapters 3 (AFFH)
p. 3-87 to 3-136
Chapter 4
p. 4-30 to 4-36
Program 6B
(b)(2) A statement of the quantified objectives. Chapter 4 p. 4-47
(c) A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element. Includes programs with new land use and development controls, programs for the provision of regulatory concessions and incentives, utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code).
Chapter 4
45 total programs
address each of the
eight stated housing
goals
In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
(c)(1) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing (c)(1) and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
Chapters 3 and 4
and
Appendix B
Adequate sites are
identified as
available with
sufficient zoning
and capacity
without the need
for rezoning
21 April 3, 2023 Item 12
6 Government Code Provision Housing Element
Compliance
(c)(1) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f).
Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
Chapter 4
and Appendix B
Adequate sites are
identified as
available with
sufficient zoning
and capacity
without the need
for rezoning
(c)(2) Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
Chapters 3 and 4
and Appendix B
(c)(3) Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels
Chapters 3 and 4
Various programs
(c)(3) Address housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities.
Chapters 3 and 4
Programs 7C and 7F
p. 4-42 to 4-44
(c)(3) Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).
Chapter 3 and 4
Programs 4A and 4B
p. 4-23 to 4-25
(c)(4) Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
Chapter 3 and 4
Programs 5A, 5B,
and 5C
p. 4-28 to 4-29
(c)(5) Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
Chapter 3 and 4
22 April 3, 2023 Item 12
7 Government Code Provision Housing Element
Compliance
(c)(6) Preserve for lower income households the assisted housing developments. The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
Chapter 3 and 4
Program 7A
(c)(7) Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2.\
Chapter 4
Programs 2A and 2C
(c)(8) Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
Chapter 1 addresses
consistency with
other general plan
elements and
community goals
(p. 1-5 to 1-6)
Chapter 4 identifies
for each program a
responsible
agency/department,
the committed
action(s) and
timeframe, and
funding source
(c)(9) Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
Chapter 1 (p. 1-7 to
1-9) and Appendices
C and H
(c)(10)(A) Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:
Chapter 3 includes
the AFFH analysis
Chapter 4 identifies
the implementing
programs. Program
6B is primary
program that
identifies action
plan to implement
fair housing goals
23 April 3, 2023 Item 12
8 Government Code Provision Housing Element
Compliance
(c)(10)(A)(i) A summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity.
Chapter 3 (AFFH)
p. 3-87 to 3-136
(c)(10)(A)(ii) An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction and compare the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.
Chapter 3 (AFFH)
p. 3-87 to 3-136
(c)(10)(A)(iii) An assessment of the contributing factors, including the local and regional historical origins and current policies and practices, for the fair housing issues identified under clauses (i) and (ii).
Chapter 3 (AFFH)
p. 3-87 to 3-137
(c)(10)(A)(iv) An identification of the jurisdiction’s fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, Chapter 3 (AFFH)
p. 3-87 to 3-136
(c)(10)(A)(iv) Identify the metrics and milestones for determining what fair housing results will be achieved.
Chapter 4
Program 6B
p. 4-31 to 4-36
(c)(10)(A)(v) Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.
Chapter 4
Program 6B
and Goal #7
resource and
assistance programs
(c)(10)(B) A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.
Chapter 3 (AFFH)
p. 3-87 to 3-136
(c)(10)(C) The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021.
Chapter 3 (AFFH)
p. 3-87 to 3-136
24 April 3, 2023 Item 12
9 Government Code Provision Housing Element
Compliance
(d) and (e) A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
[Note that this provision is applicable to AB 2339 (Chapter 654, Statutes of 2022), which amended Section 65583(a)(4). Jurisdictions adopting their housing element after January 1, 2023 should describe why this amendment is not applicable to them.] See Chapter 4
Program 4B for
program concerning
emergency shelters
p. 4-24
City amended Del
Mar Municipal Code
30.24.035 in
November 2013
(Ordinance 888)
during the 5th Cycle
to meet State law.
Chapter 3 shows
the existing code
allows emergency
shelters in the NC
zone without
discretionary action
P. 3-19 to 3-20 and
shows there is
sufficient capacity in
the NC zone
p. 3-23 to 3-24
The City adopted its
6 th Cycle Housing
Element in 2021
prior to the January
1, 2023 change in
law. Proposed
modifications since
that time have not
substantially
modified the
Housing Element as
adopted in 2021.
(AB 2339 is not
applicable)
(f) – (j): Not applicable
25 April 3, 2023 Item 12
10 Section 65583.1(a)
Government Code Provision Housing Element
Compliance
(a) The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, … may also allow a city or county to identify sites for accessory dwelling units based on the number of accessory dwelling units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department.
Chapter 3
p. 3-6 to 3-7
3-21
3-58 to 3-65
Appendix B
(b) Sites that contain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site.
Housing Element
Appendix B does
not list any sites on
military bases
Note: If communities are using the provisions of Section 65583.1(c), which allow RHNA credit for conversion of non-affordable to affordable housing and for preservation of existing affordable housing at risk of loss, the applicable provisions need to be added to this table.
Section 65583.2
Government Code Provision Housing Element
Compliance
(a) A city’s or county’s inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites throughout the community, consistent with paragraph (10) of subdivision (c) of Section 65583, that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels pursuant to Section 65584.
As used in this section, “land suitable for residential development” includes all of the following sites that meet the standards set forth in subdivisions (c) and (g):
Certified Final PEIR
and
Chapter 3
p. 3-53 to 3-83 and
Appendix B
(a)(1) Vacant sites zoned for residential use. Chapter 3 p. 3-66 to 3-68 and
Appendix B
(a)(2) Vacant sites zoned for nonresidential use that allows residential development. Chapter 3 p. 3-68 to 3-69 and
Appendix B
(a)(3) Residentially zoned sites that are capable of being developed at a higher density, including sites owned or leased by a city, county, or city and county Chapter 3
p. 3-66 to 3-68 and
Appendix B
26 April 3, 2023 Item 12
11 Government Code Provision Housing Element
Compliance
(a)(4) Sites zoned for nonresidential use that can be redeveloped for residential use, and for which the housing element includes a program to rezone the site, as necessary, rezoned for, to permit residential use, including sites owned or leased by a city, county, or city and county.
Chapter 3
p. 3-68 to 3-69 and
Appendix B
(b) The inventory of land shall include all of the following: Appendix B (b)(1) A listing of properties by assessor parcel number. Appendix B (b)(2) The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property.
Appendix B
(b)(3) For nonvacant sites, a description of the existing use of each property. If a site subject to this paragraph is owned by the city or county, the description shall also include whether there are any plans to dispose of the property during the planning period and how the city or county will comply with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.
Appendix B
(b)(4) A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis.
Certified Final PEIR
and Chapter 3
p. 3-45 to 3-52 and
Appendix B
B-2
(b)(5)(A) A description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities.
Certified Final PEIR
and Chapter 3
p. 3-40 to 3-42 and
Appendix B
B-2 to B-3
(b)(5)(B) Parcels included in the inventory must have sufficient water, sewer, and dry utilities supply available and accessible to support housing development or be included in an existing general plan program or other mandatory program or plan, including a program or plan of a public or private entity providing water or sewer service, to secure sufficient water, sewer, and dry utilities supply to support housing development. This paragraph does not impose any additional duty on the city or county to construct, finance, or otherwise provide water, sewer, or dry utilities to parcels included in the inventory.
Certified Final PEIR,
Chapter 3
p. 3-40 to 3-42, and
Appendix B
(b)(6) Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis.
Appendix B
B-49
(b)(7) A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdiction’s general plan, for reference purposes only.
Chapter 3
p. 3-49, 3-52, 3-75,
3-123, and
Appendix B
27 April 3, 2023 Item 12
12 Government Code Provision Housing Element
Compliance
(c) Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The inventory shall specify for each site the number of units that can realistically be accommodated on that site and whether the site is adequate to accommodate lower income housing, moderate-income housing, or above moderate-income housing.
Appendix B
p. B-43 to B-50
(c) A nonvacant site identified pursuant to paragraph (3) or (4) of subdivision (a) in a prior housing element and a vacant site that has been included in two or more consecutive planning periods that was not approved to develop a portion of the locality’s housing need shall not be deemed adequate to accommodate a portion of the housing need for lower income households that must be accommodated in the current housing element planning period unless the site is zoned at residential densities consistent with paragraph (3) of this subdivision and the site is subject to a program in the housing element requiring rezoning within three years of the beginning of the planning period to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households.
Appendix B
City is not relying
on any sites
previously relied
on for prior
housing element
cycles
(c) Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with state law within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning pursuant to this subdivision shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
City has adequate
sites per Chapter 3
and Appendix B
and no rezoning
actions are pending
per Chapter 4
(c) The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing and whether the inventory affirmatively furthers fair housing. The city or county shall determine the number of housing units that can be accommodated on each site.
Chapter 3
p. 3-20 to 3-24 and
Appendix B
Section 65583.3
Government Code Provision Housing Element
Compliance
(a) For a housing element or amendment adopted on or after January 1, 2021, the planning agency shall submit to the department an electronic copy of its inventory of land suitable for residential development developed pursuant to paragraph (3) of subdivision (a) of Section 65583 and subdivision (b) of this section with the copy of its housing element or amendment submitted pursuant to subdivision (g) of Section 65585. The local government shall ensure, to the best of its knowledge, that the inventory of land submitted to the department is true and correct.
(b) Notwithstanding subdivision (a) of Section 65301, each local government shall prepare the inventory required under paragraph (3) of subdivision (a) of Section 65583 using standards, forms, and definitions adopted by the department.
Appendix B and
HCD Speadsheet
28 April 3, 2023 Item 12
“EXHIBIT B”
1 Matrix of City Responses to January 13, 2023 HCD Letter
HCD COMMENT CITY RESPONSE
1. Goals, Actions, Metrics, and Milestones:
The element clarifies some information
regarding actions to affirmatively furthering
fair housing (AFFH) but does not address this
requirement. As noted in the December 17,
2020 and subsequent reviews, goals and
actions must have a strong connection to the
complete analysis and contributing factors and
must not be limited to the regional housing
need allocation (RHNA).
The City’s AFFH analysis can be found in Chapter 3 on pages 3-135 to 3-137.
Chapter 4 pages 4-31 to 4-35 includes a comprehensive list of programs and actions to Affirmatively Further Fair Housing that are NOT limited to RHNA. • Program 6B identifies the overall approach and implementation framework, which involves a suite of actions to create new opportunities for housing mobility and relocation to and within Del Mar with a goal of creating 100 additional housing opportunities beyond RHNA to improve housing choice and affordability options for moderate income, lower income, and special needs households. • The strategies focus on expanding zoning capacity, creating additional fair housing opportunities, and facilitating assistance, resources, and opportunities for special needs individuals and households. • Included are AFFH-related education, training, and administrative commitments and resources for the City, landlords, and tenants to facilitate delivery of housing services and associated management, marketing of lower income units for occupancy in accordance with applicable laws and resources to facilitate the processing and resolution of fair housing inquiries and complaints.
• A mid-term evaluation is included to facilitate adjustments (i.e., additional marketing strategies or consideration of additional land use strategies) by 2026 to continue to demonstrate a good faith effort.
Some of the additional AFFH actions in Program 6B and others include:
• Beach Parking Pass Program to Expand Coastal Access for Lower Income Households by June 2023 – Will allow qualified individuals to use paid parking spaces without charge as additional option to the existing free on-street parking spaces (available to general public) 29 April 3, 2023 Item 12
“EXHIBIT B”
2 HCD COMMENT CITY RESPONSE
• Environmental Justice Element with documentation of historic policies that may have prevented disadvantaged groups from locating in Del Mar as educational component to inform decision making
• Provide Fair Housing Training (i.e., Legal Aid Society) for City staff by December 2023 and conduct this staff training on an annual basis. • Provide brochures/links to fair housing materials (i.e., FEHA, HUD).
Make available on the City web page, City Hall, library, and post office. Where materials are not already available in multiple languages, use available resources to translate and publish in English and Spanish. • Participate in ongoing regional efforts (i.e., to reduce homelessness) • Facilitate equal and fair housing opportunities for all persons by providing information, coordination, and education on fair housing laws and practices to residents and landlords. Information will be available at City Hall and on the City web page and reviewed and updated on an annual basis to ensure accuracy.
• Provide brochures/links on how to file a complaint and access the investigation and enforcement activities of the State Fair Employment and Housing Commission. Make materials available at City Hall and on web page and review annually to ensure accuracy.
• Partner with organizations to review and refer 100% of discrimination complaints as complaints are received and follow up to confirm resolution. If a complaint is not resolved, the City will refer the complaint to HCD to ensure that housing laws are actively enforced. • Conduct public education and outreach to reach protected groups and present information regarding fair housing laws twice a year. • Conduct periodic reviews of the regulatory process and analysis of barriers to homeownership or rental and report findings in annual progress reports. If any barriers to fair housing are identified, implement corrective actions accordingly (i.e., local ordinance or referral to responsible agencies).
30 April 3, 2023 Item 12
“EXHIBIT B”
3 HCD COMMENT CITY RESPONSE
In the fair housing analysis, the City cites a
need for increased affordable housing several
times as a contributing factor to fair housing in
the City. However, the element generally
limits programs to increase affordable housing
opportunities to the lower-income RHNA, of
which the rezone to accommodate sufficient
sites does not take place until April 2024,
three years into the planning period.
The Housing Element analysis provides a historical context and explanation of why the City had no lower income units at the time of adoption. Consistent with the adopted plan, the City has already established adequate sites with sufficient zoning to meet 6
th Cycle RHNA. Planned Housing Element
programs will create additional new opportunities and capacity for moderate income, lower income, and special needs households beyond the RHNA. • Historically, the biggest obstacle to creation of lower income and multifamily units was the lack of zones with a density of at least 20 du/ac. However, the City already completed zoning actions that removed this obstacle. The NC and PC zones allow 20 du/ac on the eight sites relied on to meet lower income RHNA and applies to additional sites that provide additional capacity in these zones. The City also identified public sites (Fairgrounds and two vacant Cityowned sites) where housing can be developed without a rezone action. • Actions to create additional opportunities include Programs 1C (CC zone), 1D (overlay), 1I (Incentives), 2A (ADU Incentives), 2B (ADU Amnesty), 2B (Tiny Houses), and 5A (additions to existing apartment and condo complexes). These programs have implementation deadlines as early as December 2023 and no later than April 2024. • A significant and exponential increase in the number of units for all income levels will occur as a result of these programs. To generate the projected lower income units, a much larger number of market rate units must also be produced and will result in much more housing production than what was assigned in terms of RHNA.
• Note that the Program 1E “rezone” referenced is a contingency action.
It is only required if the City does not secure a binding agreement with the State by April 2024. The City is already making progress towards this priority housing program (3A), which is the most feasible strategy for the City to pursue to create lower income housing as identified in the Program 3B feasibility studies completed in June 2022. 31 April 3, 2023 Item 12
“EXHIBIT B”
4 HCD COMMENT CITY RESPONSE
The element includes potential programs:
Programs 1C (Central Commercial), 2B (ADU
Amnesty), 2F (Tiny Homes), 5A (Adaptive
Reuse), 7A (Funding), 7B (Interfaith
Partnerships), 7C (Persons with Disabilities),
7D (Housing Choice Vouchers), 7G (Senior
Housing), 7H (Student Housing)
However, these programs lack specific
commitment to housing outcomes and metrics
or numeric targets.
Each housing program specifies planned actions to achieve the specified Housing Element goal. The programs to address RHNA (generally goal categories 1, 2, 3) state the targeted number of lower income units, the specific action(s) that will be completed, the deadline(s), and the funding source(s). • Program 1C (CC Zone) – Ordinance by April 2024 to create additional opportunities beyond RHNA in a commercial zone for future housing cycles. The zone currently only allows one unit per lot. Program will increase the base zone density to allow multi-unit development with a lower income unit component and density bonus projects, which are not currently allowed by the existing CC zone. See edits on pages 3-68, 4-10.
• Program 2A (ADU Incentive Program) – City has extended its existing incentive program and completed zoning/economic studies to identify new incentives. The program will be modified by Ordinance by December 2023.
• Program 2B (ADU Amnesty) – Ordinance by December 2023 to allow owners with unpermitted (and previously unreported) ADUs to legalize their ADUs so the City can report them in annual progress reports (APR) and count them toward its RHNA and housing inventory. This program is intended to supplement the RHNA production strategy identified by Program 2A (ADU Incentive Program) in that “amnesty program” participation could facilitate owner participation in the Incentive Program to meet the goal of at least 15 low income ADUs.
See edits on page 4-17.
• Program 2F (Tiny Homes) – Ordinance by December 2023 to create an additional means for the City to address the 15 low income unit target set by Program 2A (ADU Incentive Program) by allowing “tiny houses” on non-residential properties. See edits on page 4-19. 32 April 3, 2023 Item 12
“EXHIBIT B”
5 HCD COMMENT CITY RESPONSE
• Program 5A (Adaptive Reuse of Existing Apartments/Condos) – Modified this program to add a new commitment to process an Ordinance by December 2023 to expand the allowance for
nonconforming multi-unit development to improve existing units and grant the ability to expand upon existing development as necessary to add lower income units. This is consistent with the findings of the Phase II studies completed per Program 1K in January 2023. The amendments are anticipated to be processed together with Program 1I (Incentives). See edits on page 4-27.
Other programs such as Program 4C (Shared Housing) and the goal category 7 programs identify assistance and resources and are not tied to RHNA. • Program 4C (Shared Housing) – Commits to improve upon existing programs and partner with non-profits (i.e., Del Mar Community Connections and Elderhelp) to create shared housing opportunities and connect the public with available resources to support special needs households. See edits on page 4-25.
• Program 7A (Funding) – Ensures that the funds accrued remain available during the 6th Cycle for at least four lower income households via rental subsidy and/or new affordable housing (i.e., for the acquisition of land and construction of affordable units to be made available for individuals or families of extremely low, very low or lowincome levels). This is also addressed in the quantified objectives. • Program 7B (Interfaith Partnerships) – References Interfaith Shelter Network and St Peters Church Helping Hands Program
• Program 7C (Persons with Disabilities) – City will monitor and respond to 100% of complaints of constraints to housing for persons 33 April 3, 2023 Item 12
“EXHIBIT B”
6 HCD COMMENT CITY RESPONSE
with disabilities through coordination and assistance from local nonprofits. See edits on page 4-41 • Program 7D (Housing Choice Vouchers) –The City will obtain information about the County voucher program from HACSD and make it available to the public. This includes a commitment to post information about the voucher program on the City web page and utilize the weekly newsletter to share the information with residents, property owners (i.e., apartments, condominiums), and applicants building affordable units. See edits on pages 4-41 to 4-42 • Program 7F (Response to Complaints) – Will monitor and respond to 100% of fair housing complaints. Where submitted complaints identify specific local regulatory constraints (i.e., impediments to the maintenance, improvement, or development of accessible housing for persons with disabilities), the City will investigate and take action accordingly to provide accommodation and remove the impediment.
See edits on pages 4-42 to 4-43
• Program 7G (Senior Housing) – Connect residents and owners with non-profits that facilitate a range of senior housing resources and assistance opportunities. Continue to partner with non-profit organization, Del Mar Community Connections, and other local nonprofit organizations (i.e., Elderhelp). Conduct annual search for additional non-profits and update to the list. See edits on page 4-43 • Program 7H (Student Housing) – Establish program to connect ADU property owners who are seeking renters with students (i.e., UCSD) who are seeking housing. The resource and assistance materials will be posted and distributed to the public as they become available. Establish program by June 2024. Update information annually. See edits on pages 4-43 to 4-44
34 April 3, 2023 Item 12
“EXHIBIT B”
7 HCD COMMENT CITY RESPONSE
To overcome contributing factors to fair
housing and promote housing opportunities
throughout the jurisdiction, the City must add
programs, policies, and actions to increase
housing mobility and housing opportunities
(not limited to RHNA), particularly those
affordable to lower-income households and
modify programs with specific commitment,
geographic targeting (e.g., throughout the
City) and significant metrics or numeric
targets.
There are multiple programs in the Housing Element that increase housing mobility and housing opportunities. The strategies are not just limited to RHNA.
• As referenced above, the City’s existing shared housing program (Program 4C) is being modified to include non-profits and other organizations, in addition to Del Mar Community Connections, to facilitate the match of individuals who are seeking housing with owners who are seeking assistance with special needs. It commits the City to market the program and actions to assist matching interested tenants and homeowners. See edits incorporated on page 4-25. • An additional existing housing strategy for preservation and adaptive reuse is being expanded to incentivize owners to create lower income units on infill development sites in exchange for the ability to add market rate units and other improvements. Program 5A was modified to commit to an Ordinance by December 2023 to expand the allowance for nonconforming multi-unit development to improve and expand as necessary to add lower income units. See edits on page 4-27.
The Phase II feasibility studies completed in January 2023 (Program 1K) identified potential incentives and code amendments to accommodate lower income housing production on sites throughout the City thereby creating new housing choice/mobility opportunities. The implementing ordinances to create new incentives will be presented to the City Council by December 2023.
To facilitate implementation of new incentives and other high priority programs, an adjustment to the following program timelines was incorporated:
• Modified the timeline for Programs 1G (Density Bonus), 4D (Inclusionary Housing), and 4E (Condo Conversions) to accommodate processing of these items together with consultant selection and contract by Dec 2023; ordinance by June 2024
35 April 3, 2023 Item 12
“EXHIBIT B”
8 HCD COMMENT CITY RESPONSE
• Modified the timeline for Programs 4A (Residential Care) and 4B (Emergency Shelters, Transitional/Supportive Housing) to accommodate processing of these items together with consultant selection and contract by Dec 2023; resolution/ordinance by December 2024
• Modified timeline for Program 6G (Objective Design Standards) with consultant selection and contract by July 2023 and ordinance by June 2024
2. Program 1E (Rezone North Bluff and/or
South Stratford Properties):
The Program serves as a backup program to
accommodate the City’s lower-income RHNA
shortfall if Program 3A (Pursue a Binding
Agreement with the State to Develop Housing
on the Fairgrounds Property) deliverables are
not met by April 2024. However, Program 1E
language appears to add an additional 180
days to the statutorily permitted three-year
period to rezone sites for a total of three years
and 180 days, which exceeds the allowable
timeframe for the City to accommodate the
shortfall of sites. Therefore, the City must
amend this program to provide adequate sites
within the statutorily specified timeframe of
three years from the beginning of the planning
period (April 15, 2024).
The deadline for the contingency rezone Program 1E was changed to reflect the implementation deadline expectation as clarified by HCD. See page 4-11.
Additionally, Program 1E states the failure to
implement Program 3A would result in “no
Any reference to “no net loss” was removed from Program 1E. The contingency rezone Program 1E reflects the associated future implementation 36 April 3, 2023 Item 12
“EXHIBIT B”
9 HCD COMMENT CITY RESPONSE
net loss”, however as previously noted, this
should be amended as a shortfall of sites and
the Program should include clear commitment
to meet by-right requirements for any sites
necessary to accommodate the shortfall of
adequate sites (e.g., City-Owned).
commitment of “by-right” at 20-25 du/ac by April 2024 if the City fails to timely implement Program 3A. Nine privately-owned parcels are identified as sites that would be used to accommodate a potential shortfall of lower income sites if needed to replace the Fairgrounds. The two City-owned sites are separately designated as lower income sites and are not included in the sites needed to accommodate a potential shortfall of sites. Additional metrics have been added to Program 1H.
Program 1K (Nonvacant, Infill Feasibility):
The Program should commit to actions beyond
studying and identifying potential changes and
specifically commit to modify, reduce and
remove constraints. The Program should also
evaluate the effectiveness of standards and
procedures to promote redevelopment at the
mid-point of the planning period and commit
to alternative actions by a specified date.
The City completed the Program 1K feasibility studies of small sites and nonvacant sites in January 2023. The studies demonstrate the Housing Element sites in the NC zone and PC zone are feasible and identify potential changes to facilitate development of lower income units. Program 1K commits to adopt an ordinance by December 2023 via separate programs already committed to in the Housing Element as Program 1I (Incentives Ordinance) to be adopted by December 2023, and Program 1D (Affordable Housing Overlay Zone) to be adopted by December 2025. The City’s actions in process to implement the findings of the 1K (feasibility studies) via ordinance will occur consistent with or earlier than the deadlines shown in the adopted Housing Element for Programs 1D (Affordable Housing Overlay) and 1I (Incentives) to modify, reduce, and remove constraints. For example, to accommodate existing nonconforming development in addition to new affordable housing development.
Program 3B (Publicly-Owned Sites):
While the Program commits to studies, zoning
assessments and concepts, it should also
commit to a schedule of actions to facilitate
development, including coordinating with
developers, assisting with funding, supporting
funding applications, facilitating entitlements
and issuing permits. Each action should have a
specified target date and alternative actions
with a specified date if action do not occur in a
timely manner.
The City completed the Program 3B feasibility studies in June 2022. The studies demonstrate that housing development at the State Fairgrounds and on two City-owned vacant sites is feasible. Additional implementation actions for these sites are specified in Program 3A for the State Fairgrounds and Program 1H for the City-owned sites, which each specify target dates and actions that will be implemented.
Clarification of the intent of the City’s public sites strategy and associated milestones has been incorporated into Program 3B on p. 4-21 to 4-22. 37 April 3, 2023 Item 12
“EXHIBIT B”
10 HCD COMMENT CITY RESPONSE
Program 6F (Vote Thresholds):
The Program should go beyond exploring
potential modifications and commit to
complete modification to address the
identified constraint.
Although the vote threshold requirement for General Plan Amendments is potentially a constraint, to date it has not actually prevented the City from adopting and implementing its Housing Element (6th Cycle and prior cycles).
The City has already reviewed and determined that the supermajority vote requirement (adopted by Del Mar voters with the 1976 Del Mar Community Plan) is not inconsistent with State law. Program 6F has been revised to state that the supermajority vote requirement cannot be enforced if it results in an actual conflict with State law. The City cannot commit to complete modification because that would require a vote of the electorate. Clarifying edits to Program 6F were incorporated on p. 3-18 and 4-38 to 4-39.
3. Public Participation:
Public participation in the development,
adoption and implementation of the housing
element is essential to effective housing
planning. Throughout the housing element
process, the City must continue to engage the
community, including organizations that
represent lower-income and special needs
households, by making information regularly
available while considering and incorporating
comments where appropriate.
In addition, HCD understands the City has not
made these draft revisions available to the
public prior to submittal to HCD. Please note,
new public participation requirements
pursuant to AB 215 (Chapter 342, Statutes of
2021) requires the City to post draft revisions
on its internet website and email a link to the
The City has a dedicated web page for the Housing Element and has made all Housing Element drafts available to the public. The November 2022 drafts have not been reviewed by the Planning Commission or City Council. They were posted to the City’s web page on January 13, 2023 immediately upon receipt and review of the HCD letter. The City understands now that all revised drafts should be posted and made available for public review for a minimum of 7 days before being formally submitted to HCD. All future revised drafts will continue to be posted to the City web page and public notice of the associated public hearing will be posted and mailed in accordance with applicable noticing requirements.
The sequencing and timing for processing of public notices and posting of the public drafts for public review prior to decision maker actions and submittal to HCD for review is reflected in the City Council Resolution for adoption.
The City created a new Appendix H (Public Participation) to supplement the existing Appendix C (Community Engagement) in order to reflect the processing since initial adoption of the Housing Element in March 2021. This 38 April 3, 2023 Item 12
“EXHIBIT B”
11 HCD COMMENT CITY RESPONSE
draft revision to all individuals and
organizations that have previously requested
notices relating to the local government’s
housing element at least seven days before
submitting the draft revision to HCD. By not
providing an opportunity for the public to
review and comment on a draft of the element
in advance of submission, the City has not yet
complied with statutory mandates. The
availability of the document to the public and
opportunity for public comment prior to
submittal to HCD is essential to the public
process and HCD’s review. The City must
proactively make future revisions available to
the public pursuant to Government Code
section 65585 (b), prior to submitting any
revisions to HCD and diligently consider and
address comments, including making revisions
to the document where appropriate. HCD’s
future review will consider the extent to which
the revised element documents how the City
solicited, considered, and addressed public
comments in the element. The City’s
consideration of public comments must not be
limited by HCD’s findings in this review
letter.
includes links to all public hearings and submitted public comments relating to the Housing Element.
39 April 3, 2023 Item 12
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us August 31, 2022
Melinda Coy
Senior Housing Accountability Manager
State of California
Department of Housing and Community Development
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
RE: City Response to HCD’s Inquiry Letter Dated August 25, 2022 Dear Ms. Melinda Coy:
On behalf of the City of Del Mar, the status of our 6
th Cycle Housing Element is provided in
response to the Department of Housing and Community Development’s (HCD) Inquiry Letter dated August 25, 2022. The City continues to demonstrate a good faith effort to comply with State law to obtain HCD certification of its Housing Element. Following timely adoption in March 2021, requests for additional studies and data collection and changing interpretations as to what constitutes a Housing Element in substantial compliance have caused unnecessary delays.
Meanwhile, the City has demonstrated that its adopted strategy and programs to meet its Regional Housing Needs Allocation (RHNA) is realistic and feasible. The City is actively seeking HCD’s final certification of the Housing Element as revised. The City should not be penalized for its diligent efforts to complete the final certification process.
Since 2020, the City sought guidance during HCD office hours and worked in close collaboration with HCD staff to obtain certification of its Housing Element. The challenge has been that HCD’s subsequent requests for changes have differed from initial feedback provided in December 2020.
The City recognizes Affirmatively Furthering Fair Housing (AFFH) is a new State law requirement.
However, Del Mar and the San Diego region as a whole have been at a disadvantage because the State Guidance on AFFH was not published until after the April 15, 2021, deadline for Housing Element adoption. Nevertheless, the City has demonstrated its commitment to AFFH in the Housing Element and continues work with HCD staff to identify specific revisions required to obtain final certification. A detailed timeline of the City’s coordination with HCD is provided as an attachment to this letter, with a summary below:
On March 25, 2021, the City adopted its 6th Cycle Housing Element (following HCD review of the October 2020 draft). HCD provided a post-adoption findings letter on July 9, 2021, requesting additional analysis and programs to address AFFH. City staff immediately sought guidance from HCD and addressed HCD’s requested changes in a revised draft. On December 13, 2021, the City Council re-adopted the Housing Element to address HCD’s July 2021 comments. However, HCD provided a second post-adoption findings letter on March 21, 2022, requesting further analysis and corrections. City staff again reached out and participated in a series of coordination meetings to understand the interpretation and nuance involved in the new comments provided by HCD in March 2022. 40 April 3, 2023 Item 12
City of Del Mar Response to HCD
August 31, 2022
While not acknowledged in HCD’s letter of inquiry, the City submitted a revised draft on August 2, 2022 for informal review and met with the assigned HCD analyst on August 18, 2022. The City has since requested a follow up meeting with HCD’s Housing Element review team and City staff to resume discussion and confirmation of next steps.
HCD and SANDAG have been important partners to the City throughout the process. This includes an award of Cycle 1 Housing Acceleration Program (HAP) Grant funds, which have supported preparation of important housing studies and efforts, including hiring a consultant, to secure a binding agreement with the State for housing at the Fairgrounds. Fairgrounds housing will be a beneficial infill project for the region as a whole by furthering AFFH, reducing VMT, and creating lower income housing choices in a high opportunity mobility hub/employment center.
SANDAG staff indicated their support for the plan to establish housing at the Fairgrounds and the City’s efforts to certify its Housing Element.
Since initial adoption of the Housing Element on March 25, 2021, HCD comment letters have not indicated the City must identify alternative sites and/or programs to accommodate lower income RHNA. In April 2021, the City immediately began implementing its adopted 6th Cycle Housing Element, including project approvals of lower income units, completion of programs, and maintenance of adequate sites. The City continues to make progress on its housing strategies and commitments to support production of at least 113 lower income units by 2029 including:
City approvals of housing projects with lower income units including:
o An Administrative Coastal Development Permit (CDP 21-005) authorizing a fifty (50) unit residential development that includes ten (10) lower income units in the North Commercial (NC) zone;
o A Development Agreement and Housing Regulatory Agreement for a mixed-use project (941 Camino del Mar Specific Plan) that includes two (2) low income units.
Together, these projects are expected to satisfy twelve (12) units of the total assigned 113-unit lower income unit RHNA obligation.
State Coastal Commission approval of zoning/local coastal program amendments for completion of Programs 1A and 1B (amending the North Commercial (NC) and Professional Commercial (PC) zones to allow 20 du/ac). This final action confirms there is adequate capacity for at least 25 low-income units (pre-density bonus) in these zones.
Contracts with multiple affordable housing consultant firms with demonstrated experience and success (i.e. financing strategies and affordable housing production) to produce sitespecific studies of the Fairgrounds, two City-owned vacant parcels, various non-vacant and small site parcels in the NC and PC zones, the Central Commercial Zone, Plaza Specific Plan, and RM-South zone (existing large multi-unit development sites); and support the City in securing a binding agreement with the State as further described below:
o Completion of Phase I housing studies (zoning assessment, architectural concepts, economic analysis, and proformas per Program 3B) that demonstrate it is realistic and feasible to expect a prospective project with at least 61 lower income units at the Fairgrounds and/or at the Fairgrounds in combination with two City-owned vacant sites. The studies show that Fairgrounds housing would be eligible for tax credit financing and that this is the most viable opportunity and strategy to build affordable units in Del Mar. The City’s priority strategy (Program 41 April 3, 2023 Item 12
City of Del Mar Response to HCD
August 31, 2022
3A) to secure a binding agreement with the State by December 2024 for housing at the Fairgrounds (an identified regional mobility hub/employment center) is feasible, can be successful to produce over half of the lower income RHNA, and meets AFFH needs in the region.
o Phase II housing studies (zoning assessment and economic feasibility) to incentivize production of the remaining 40-units of the 113-unit lower income housing obligation. The site-specific studies (in process) have confirmed the City has sufficient capacity and the additional analysis underway will identify incentives to facilitate housing on privately-owned sites. Consultant work is on track for completion by fall 2022. In December 2022, the City Council will select and provide direction on an ordinance to be adopted by December 2023 to incentivize deed restricted low income Accessory Dwelling Units (Program 2A) and multi-unit development with affordable units that may include a new overlay zone (Programs 1D, 1I, and 1J) per the adopted Housing Element. This work plan is on schedule per the adopted Housing Element. It should not be a reason to delay certification.
In response to HCD’s reference to Assembly Bill 1398 and Government Code Sections 65583(c)(1)(A) and 65583.2(c), the City has adequate sites in place with appropriate density to accommodate its RHNA. While it is true that the City’s adopted 6th Cycle Housing Element has not yet been certified, the City has identified adequate sites for the current housing cycle. There are no required rezones to be completed in Del Mar at this time because the City does not have a shortfall of adequately zoned sites to accommodate the assigned RHNA. Further, the City continues to act in good faith to prioritize and timely complete its affordable housing productionrelated commitments early in the housing cycle.
As has been communicated previously, the City strongly desires to obtain final certification of its Housing Element and avoid enforcement action. The City respectfully requests a commitment by our respective agencies to further discuss and confirm what final modifications are needed for the City to establish compliance and expeditiously submit a revised draft of the Housing Element by September 25, 2022, for formal review by HCD. If agreement is reached that only minor edits are needed, City staff could immediately seek City Council action to adopt a final revised 6th Cycle Housing Element. We anticipate 1-2 months will be needed to complete the process.
Thank you for your consideration of the City’s response and, as always, we sincerely appreciate all the support and guidance HCD staff has provided to the City with its Housing Element. Should you have any questions or require any further information, please contact Karen Brindley, Planning and Community Development Director, at [email protected] or (858) 704-3642.
Sincerely,
Ashley Jones
City Manager
Attachment – City of Del Mar Timeline of Actions for 6th Cycle Housing Element cc: Del Mar City Council; Kevin Hefner, HCD; Paul McDougall, HCD; Jose Ayala, HCD; Karen Brindley, Planning & Community Development Director; Amanda Lee, Principal Planner 42 April 3, 2023 Item 12
Attachment
1 Timeline and Status of Housing Element in Response to HCD Letter - August 2022 City of Del Mar - 6
th Cycle Housing Element (2021-2029)
Timeframe City HCD
2019 - 2020 Pre-planning for 6th Cycle Housing Element
and participation in RHNA process
January - June 2020 January 13, 2020, the City Council
established a Citizens’ Task Force to provide
feedback; help educate and encourage
community participation; and aid the City in
the preparation of the Housing Element
Update and associated CEQA document.
June 2020 The Task Force presented written reports
and recommendations to the City Council
on June 15, 2020.
September 2020 September 15, 2020, the Planning
Commission recommended the City
Council approve the 6th Cycle Housing
Element and certify the Program EIR
September 30, 2020, HCD
issued an enforcement letter
relating to incomplete 5th Cycle
Housing Element programs
October 2020 October 5, 2020, the City Council
approved the Draft 6th Cycle Housing
Element and certified the associated
Program EIR (Resolution 2020-52)
October 5, 2020, the City Council
issued a response to the 9/30/2020
HCD enforcement letter and
committed to address outstanding 5th
Cycle actions and adopt the 6
th Cycle
Housing Element by April 15, 2021.
October 20, 2020, the City submitted
its Council-approved Draft Housing
Element to HCD for review
December 2020 December 17, 2020, HCD
provided a findings letter
identifying revisions needed for
Housing Element certification
January 2021 January 19, 2021, the City Council received a report identifying the additional data
collection and changes needed in response
to HCD’s written comments
January 19, 2021, HCD staff
(Paul McDougall and Jose Ayala)
participated in the City Council
meeting by answering questions
for the City Council
February 2021 February 16, 2021, the City Council
provided direction on 6
th Cycle sites
February 22, 2021, the Council
provided direction to finalize the
Community Plan Amendment for 5
th
Cycle Program 2E prior to April 15
43 April 3, 2023 Item 12
Attachment
2 March 2021 March 4, 2021, the City submitted a
revised Housing Element draft to HCD
March 9, 2021, the Planning
Commission recommended approval
of the 6th Cycle Housing Element
March 15, 2021, the City Council
adopted the 5th Cycle Program 2E
Community Plan Amendment, which
established adequate sites in the NC
zone for the 6th Cycle
March 25, 2021, the City Council
adopted the 6th Cycle Housing
Element, with revisions to address
HCD’s written comments, and directed
staff to submit the final adopted
Housing Element to HCD by April 15 for
certification
March 17, 2021, HCD
confirmed via phone call: 1)
that City completion of local
approvals for 5th Cycle
Programs 2E and 2F allow
City to maintain discretion
over these sites in 6th Cycle;
2) that the Referendum on
NC zoning could trigger nonet loss; and 3) that the City’s contingency Program 1E
rezone would be required to
be “by right” at 20-25 du/ac if
Housing Program 3A is not
timely completed (requires
binding agreement for lower
income units at Fairgrounds)
April 2021 April 5, 2021, the City Council adopted
Ordinances to timely finalize local
action on the 5
th Cycle Housing
Element Program 2G rezone
April 12, 2021, the City submitted the
adopted 6th Cycle Housing Element to
HCD for certification
HCD published AFFH Guidance
Memo for AB 686 Compliance
after 4/15/21 deadline for 6th
Cycle adoption in San Diego
region
July 2021 July 9, 2021, HCD provided a
findings letter requesting
revisions to the adopted
Housing Element (3/25/2021
version)
December 2021 December 13, 2021, the City Council
re-adopted the 6th Cycle Housing
Element to address HCD’s requested
revisions and submitted the readopted the 6th Cycle Housing Element to HCD for certification review
February 2022 February 22, 2022, the City Council
adopted a Council Policy to complete
6 th Cycle Housing Element Program 5B
March 2022 March 21, 2022, the City Council:
• Adopted Ordinance to complete 6th
Cycle Programs 1A (NC) and 1B (PC)
Accepted HAP Grant and authorized
consultant work to support key
actions to facilitate lower income
housing units on public sites
(Fairgrounds and 10th/28th Street)
Approved Housing APR
March 21, 2022, HCD provided a
findings letter requesting
revisions to the adopted
Housing Element (12/13/2021
version)
44 April 3, 2023 Item 12
Attachment
3 April 2022 April 18, 2022, the City Council
authorized consultant work for Phase II
studies of incentives for low income
units in commercial/multi-unit zones
and via deed restricted ADUs
April 27, 2022, at the City’s request
HCD staff met to provide direction for
certification
May 2022 May 18, 2022, at the City’s request
HCD staff met with to provide direction
for certification
June 2022 June 9, 2022, at the City’s request HCD
staff met to provide direction for
certification
June 13, 2022, the City Council
reviewed the Phase I Housing studies
which demonstrated feasibility of
lower income units at the Fairgrounds
and two City-owned sites, and
concluding Fairgrounds is the most
feasible and likely AFFH opportunity to
build at least 61 lower income units
July 2022 City kicked off consultant work for its
Phase II studies of privately-owned
sites to identify potential incentives to
facilitate deed restricted low income
ADUs and affordable units on sites (i.e.
NC, PC, and CC zones) per various
Housing Element programs
July 11, 2022, the City Council
authorized agreement with Whitaker
Real Estate Services for as-needed
affordable housing consulting services
to facilitate Fairgrounds housing plan
July 28, 2022, at the City’s request HCD
staff met to provide direction on
revisions needed for certification
August 2022 August 2, 2022, the City submitted a
revised draft Housing Element
addressing HCD’s requested revisions
August 18, 2022, HCD met with City
staff to provide informal feedback on
the revised draft (8/2/2022 version)
August 22 and 30, 2022, City staff sent
follow up emails to HCD staff
requesting a follow up meeting
August 25, 2022, HCD provided
a letter to the City requesting
an update on the status of the
Housing Element and
requesting compliance by
September 25, 2022
45 April 3, 2023 Item 12
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
January 13, 2023
Ashley Jones, City Manager
City of Del Mar
1050 Camino Del Mar
Del Mar, CA 92014
Dear Ashley Jones:
RE: City of Del Mar’s 6th Cycle (2021-2029) Revised Draft Housing Element Thank you for submitting the City of Del Mar’s (City) revised draft housing element update received for review on November 14, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from Sheppard Mullin pursuant to Government Code section 65585, subdivision (c).
The draft housing element addresses most statutory requirements described in HCD’s March 21, 2022 review; however, additional revisions are necessary to fully comply with State Housing Element Law (Article 10.6 of the Gov. Code), as follows:
1. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics… (Gov. Code, § 65583, subd. (c)(5).) Goals, Actions, Metrics, and Milestones: The element clarifies some information regarding actions to affirmatively furthering fair housing (AFFH) but does not address this requirement. As noted in the December 17, 2020 and subsequent reviews, goals and actions must have a strong connection to the complete analysis and contributing factors and must not be limited to the regional housing need allocation (RHNA). In the fair housing analysis, the City cites a need for increased affordable housing several times as a contributing factor to fair housing in the City. However, the element generally limits programs to increase affordable housing opportunities to the lower-income RHNA, of which the rezone to accommodate sufficient sites does not take place until April 2024, three years into the planning period. The element includes some potential programs such as Programs 1C (Central Commercial Zoning), 2B (ADU Amnesty), 2F (Tiny Homes), 5A (Adaptive Reuse), 7A (Funding), 7B (Interfaith Partnerships), 7C 46 April 3, 2023 Item 12
Ashley Jones, City Manager
(Persons with Disabilities), 7D (Housing Choice Vouchers), 7G (Senior Housing) and 7H (Student Housing). However, these programs lack specific commitment to housing outcomes and metrics or numeric targets. To overcome contributing factors to fair housing and promote housing opportunities throughout the jurisdiction, the City must add programs, policies, and actions to increase housing mobility and housing opportunities (not limited to RHNA), particularly those affordable to lower-income households and modify programs with specific commitment, geographic targeting (e.g., throughout the City) and significant metrics or numeric targets.
2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09... (Gov. Code, § 65583, subd. (c)(1).) The element must add or modify actions to demonstrate adequate sites, as follows:
• Program 1E (Rezone North Bluff and/or South Stratford Properties): The Program serves as a backup program to accommodate the City’s lowerincome RHNA shortfall if Program 3A (Pursue a Binding Agreement with the State to Develop Housing on the Fairgrounds Property) deliverables are not met by April 2024. However, Program 1E language appears to add an additional 180 days to the statutorily permitted three-year period to rezone sites for a total of three years and 180 days, which exceeds the allowable timeframe for the City to accommodate the shortfall of sites.
Therefore, the City must amend this program to provide adequate sites within the statutorily specified timeframe of three years from the beginning of the planning period (April 15, 2024).
Additionally, Program 1E states the failure to implement Program 3A would result in “no net loss”, however as previously noted, this should be amended as a shortfall of sites and the Program should include clear commitment to meet by-right requirements for any sites necessary to accommodate the shortfall of adequate sites (e.g., City-Owned). • Program 1K (Infill Housing on Nonvacant Sites): The Program should commit to actions beyond studying and identifying potential changes and specifically commit to modify, reduce and remove constraints. The Program should also evaluate the effectiveness of standards and 47 April 3, 2023 Item 12
Ashley Jones, City Manager
procedures to promote redevelopment at the mid-point of the planning period and commit to alternative actions by a specified date. • Program 3B (Publicly-Owned Sites): While the Program commits to studies, zoning assessments and concepts, it should also commit to a schedule of actions to facilitate development, including coordinating with developers, assisting with funding, supporting funding applications, facilitating entitlements and issuing permits. Each action should have a specified target date and alternative actions with a specified date if action do not occur in a timely manner.
• Program 6F (Vote Thresholds): The Program should go beyond exploring potential modifications and commit to complete modification to address the identified constraint.
3. Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).)
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate.
In addition, HCD understands the City has not made these draft revisions available to the public prior to submittal to HCD. Please note, new public participation requirements pursuant to AB 215 (Chapter 342, Statutes of 2021) requires the City to post draft revisions on its internet website and email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to HCD. By not providing an opportunity for the public to review and comment on a draft of the element in advance of submission, the City has not yet complied with statutory mandates.
The availability of the document to the public and opportunity for public comment prior to submittal to HCD is essential to the public process and HCD’s review.
The City must proactively make future revisions available to the public pursuant to Government Code section 65585 (b), prior to submitting any revisions to HCD and diligently consider and address comments, including making revisions to the document where appropriate. HCD’s future review will consider the extent to which the revised element documents how the City solicited, considered, and addressed public comments in the element. The City’s consideration of public comments must not be limited by HCD’s findings in this review letter. 48 April 3, 2023 Item 12
Ashley Jones, City Manager
The element will meet the statutory requirements of State Housing Element Law once it has been revised and re-adopted to comply with the above requirements.
Pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), a jurisdiction that failed to adopt a compliant housing element within one year from the statutory deadline cannot be found in compliance until rezones to make prior identified sites available or accommodate a shortfall of sites pursuant to Government Code section 65583, subdivision (c) (1) and Government Code section 65583.2, subdivision (c) are completed. As this year has passed, if any future rezonings are necessary, the housing element will be out of compliance and will remain out of compliance until any necessary rezonings have been completed.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates the hard work and dedication the City’s housing element team provided throughout the housing element review. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If HCD can provide assistance, please contact Jose Ayala, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
49 April 3, 2023 Item 12
Attachment D
1 Submitted Correspondence (Jan 2022 – Mar 2023) Regarding Revised City of Del Mar Housing Element Name Date Description
1 Carlene Moore, Chief Executive
Officer, 22nd District Agricultural
Association/Del Mar Fairgrounds
1.20.2022 Support for City’s application to SANDAG
requesting Housing Acceleration Program
(HAP) Grant funds to support completion
of consultant studies related to the
feasibility of potential housing on the
State Fairgrounds. Letter is in Housing
Element Appendix G
2 Antoinette Meier, Senior Director of
Regional Planning, SANDAG
9.12.2022 Support for City’s 6
th Cycle Housing
Element and the Program 3A smart
growth strategy to build housing on the
State Fairgrounds property consistent with
SANDAG’s Regional Plan and Regional
Mobility Hub Strategy. Letter is in Housing
Element Appendix F
3 Terra Lawson-Remer, County
Supervisor Third District, County of
San Diego Board of Supervisors
11.7.2022 Support for City’s 6
th Cycle Housing
Element, Adequate Sites Inventory and
State Fairgrounds strategy. Acknowledges
the City’s efforts to comply with State
Housing Element law and identifies that
housing on the Fairgrounds property
would create important affordable
housing opportunities in North County
consistent with regional plans. Letter is in
Housing Element Appendix F
4 Whitney Hodges, Sheppard Mullin 12.31.2022 “Third Party” Comments submitted to HCD that were forwarded to the City by
HCD staff on January 6, 2023
5 Whitney Hodges, Sheppard Mullin 1.3.2023 “Third Party” Comments with attachments submitted to HCD that were forwarded to
the City by HCD staff on January 6, 2023:
Attachment 1 – Fairgrounds RFP 23-006
Highest and Best Use Consultant
Attachment 2 – SDUT Article 12.20.22
“Del Mar Fairgrounds Ready to Rethink
Entire Property”
6 Joseph Smith, California Coastal
Works
1.11.2023 “Third Party” Comments submitted to
HCD that were forwarded to the City by
HCD staff on January 27, 2023 with chain
of email correspondence from December
30, 2022 to January 11, 2023 including
links to the following:
Fairgrounds RFP 23-006
50 April 3, 2023 Item 12
Attachment D
2 SDUT article 12.20.22 “Del Mar
Fairgrounds Ready to Rethink Entire
Property”
Fairgrounds Board action 1.10.23
approving RFP 23-006
City’s 6th Cycle Housing Element web page
San Diego Reader article 1.10.23
“Affordable Housing Laws Descend on Del
Mar”
7 Brad Walters, Del Mar resident 3.24.2023 Email stating that “State requirements should be a floor, not a ceiling”
8 Marla Zanelli, real estate broker 3.27.2023 Email generally stating that land south of the Hilton hotel (on Jimmy Durante
Boulevard) in the City of San Diego “would
be a good place to build affordable
housing”
51 April 3, 2023 Item 12
52 April 3, 2023 Item 12
September 12, 2020
2020 W. El Camino Avenue, Suite 500
Sacramento, CA, 95833
[email protected]
Dear Melinda Coy:
Subject: SANDAG Support for City of Del Mar 6th Cycle Housing Element The San Diego Association of Governments (SANDAG) is submitting this Letter of Support for the City of Del Mar’s (City) 6th Cycle Housing Element and Adequate Sites Inventory. SANDAG would like to reaffirm the City’s good faith efforts to comply with state law to obtain the CA Department of Housing and Community Development (HCD) certification of its housing element. Additionally, the Del Mar Fairgrounds site is consistent with the 2021 Regional Plan Regional Mobility Hub Strategy and the objectives and factors found in SANDAG’s 6th Cycle RHNA Plan.
SANDAG’s 2021 Regional Plan is a new transformative vision for the region. The 2021 Regional Plan lays out a growth pattern focused on development in already urbanized areas and identifies a network of regional Mobility Hub areas where high concentrations of people, destinations, and travel options converge. The Del Mar Fairgrounds are included in one of these Mobility Hub areas and has several benefits as a site for affordable housing, including:
• Proximity to services within a one-mile radius including groceries, high quality schools, parks, medical services, transportation, retail services, as well as jobs centers that would support and further fair housing for low-income households; • Within a half mile of stops for the North County Transit District (NCTD) 308 and 101-bus lines. There is also a planned seasonal COASTER station that is anticipated to begin service to the Fairgrounds by 2035;
• Located in an area resilient to impacts of climate change, such as sea level rise, wildfires, and extreme heat; and
• The site is large enough to meet a substantial amount of the City’s RHNA required units.
The City has been an important partner in the development of SANDAG’s Housing Acceleration Program (HAP) that is funded through the Regional Early Action Planning Grants of 2019. In March 2022, SANDAG awarded the City a HAP grant to begin a two-phase study of the Del Mar Fairgrounds. Phase I compiles information to study the feasibility of developing at least 54 affordable housing units and obtain expertise/consulting services to secure housing agreement with the State’s 22nd District Agricultural Association. Phase II will complete a feasibility study to understand what types of incentives may be needed to facilitate affordable housing production.
SANDAG supports the City’s continued efforts to achieve housing element certification and looks forward to continuing collaboration with the City to ensure that development on the Del 53 April 3, 2023 Item 12
2 Mar Fairgrounds site is done in a way that reduces vehicle miles travelled, affirmatively furthers fair housing, and implements the 2021 Regional Plan.
If you have any questions or need clarifications regarding this correspondence, please contact Tuere Fa’aola, Principal Regional Planner, at [email protected] or (619) 699-1989.
Respectfully submitted,
Antoinette Meier
Senior Director of Regional Planning
AMEI/TFA/AWO
54 April 3, 2023 Item 12
TERRA LAWSON-REMER
SUPERVISOR THIRD DISTRICT
COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
1600 PACIFIC HIGHWAY, ROOM 335, SAN DIEGO, CALIFORNIA 92101-2471 PHONE (619) 531-5533
www.SupervisorTerraLawsonRemer.com
November 7, 2022
2020 W. El Camino Avenue, Suite 500
Sacramento, CA, 95833
[email protected]
Dear Melinda Coy:
Subject: County Supervisor Terra Lawson-Remer’s Support for City of Del Mar 6th Cycle Housing Element I am submitting this Letter of Support for the City of Del Mar’s (City) 6th Cycle Housing Element and Adequate Sites Inventory. The City has been a partner alongside the County of San Diego in expanding opportunities for affordable housing across the region and has made good faith efforts to comply with state law to obtain the CA Department of Housing and Community Development (HCD) certification of its housing element.
Additionally, the Del Mar Fairgrounds site is consistent with regional efforts to add affordable housing in infill areas near jobs, near transit, and near community amenities. The Fairgrounds housing strategy offers an opportunity to create much needed affordable housing for the entire San Diego region in a high-opportunity, resource-rich areas.
This is particularly important in the North Coastal portions of San Diego County where high land values and sensitive coastal ecosystems make affordable housing development particularly challenging.
The fairgrounds strategy offers several advantages:
• The Fairgrounds is a large property that has realistic and feasible development potential for affordable housing that can advance local and regional fair housing goals and is consistent with TCAC tax credit financing criteria.
• The City of Del Mar confirmed the feasibility of this approach through feasibility studies completed June 2022
• The Fairgrounds is designated as a “mobility hub” in SANDAG’s 2021 Regional Plan. • SANDAG and HCD awarded HAP grant funds (March 2022) to support implementation of the Fairgrounds strategy and the State 22nd DAA provided a letter in support. • The Fairgrounds are a regional destination that is connected to transit and commercial services within a one-mile radius including groceries, high quality schools, parks, medical services, transportation, retail services, and jobs.
• Fairgrounds housing would further the region’s fair housing goals by providing much needed lower income housing at an infill location in a high opportunity area. • While the Fairgrounds is adjacent to the neighboring City of Solana Beach, jurisdictions in north coastal San Diego are geographically small and closely interconnected in terms of services, schools, and amenities. Both cities are considered high-opportunity, high-resource coastal communities that would provide regional benefits to developing affordable housing. 55 April 3, 2023 Item 12
TERRA LAWSON-REMER
SUPERVISOR THIRD DISTRICT
COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
1600 PACIFIC HIGHWAY, ROOM 335, SAN DIEGO, CALIFORNIA 92101-2471 PHONE (619) 531-5533
www.SupervisorTerraLawsonRemer.com
• On September 13, 2022, SANDAG provided a letter in support of the City’s plan for housing at this location through “smart growth” infill development.
If you have any questions or need clarification regarding this correspondence, please don’t hesitate to contact my staff: Jeff Yuen, Senior Advisor, at [email protected] or 858-285-0403.
Sincerely,
Terra Lawson-Remer
Supervisor, Third District
County of San Diego
56 April 3, 2023 Item 12
1 Amanda Lee
From: Coy, Melinda@HCD <[email protected]>
Sent: Tuesday, January 3, 2023 9:05 AM
To: Ayala, Jose@HCD
Cc: McDougall, Paul@HCD; Housing Elements@HCD
Subject: FW: City of Del Mar - Concerns re Compliance with Housing Element/AB 1398 Attachments: Fairgrounds RFP-23-006-Highest-&-Best-Use-Feasibility-Consultant.pdf; U-T Article (12.21.22) - Del Mar Fairgrounds Ready to Rethink Entire Property. 'Don't Worry, Nothing is Changing Overnight'.pdf
Please put in third party folder
Jose, for your review
From: Whitney Hodges <[email protected]>
Sent: Saturday, December 31, 2022 4:47 PM
To: Coy, Melinda@HCD <[email protected]>
Subject: RE: City of Del Mar - Concerns re Compliance with Housing Element/AB 1398 My apologies, this time with the attachments.
Whitney Hodges | Partner
1.619.338.6542 | direct
1.858.735.3751 | cell
[email protected] | Bio [sheppardmullin.com]
From: Whitney Hodges <[email protected]>
Sent: Saturday, December 31, 2022 4:43 PM
To: Coy, Melinda@HCD <[email protected]>
Subject: City of Del Mar - Concerns re Compliance with Housing Element/AB 1398 Good Afternoon Melinda,
I am sorry to be sending this to you over a long holiday weekend, but I recently learned of some time-sensitive information and wanted to provide you and your team with the professional courtesy of advanced notice.
It is my understanding that a complaint to HAU against the City of Del Mar will be forthcoming. It was recently discovered the City has submitted a revised 6th Cycle in mid-November, which comments (or certification) from HCD are due January 13, 2023. While this revised version was submitted to HCD without public notice or hearing, it is believed – because of the lack of public participation – that the revisions neither provide for the automatic rezone for any or all candidate sites identified in the document nor take into account the fact the Del Mar Fairgrounds would not be available for housing development until late 2024 at best, if at all.
As to the first concern, AB 1398 is clear that a locality that fails to adopt a housing element that the HCD has found to be in substantial compliance with state law within 120 days of the statutory deadline to complete this required rezoning no later than one year from the deadline for adoption of the housing element – and prohibits the Housing Element from being found in substantial compliance until that rezoning is completed. Based on the evidence before the public, there is no indication the City has completed these rezones either as part of the most recent iteration of the 6th Cycle or as a 57 April 3, 2023 Item 12
2 separate action. As you are more than aware, AB 1398 was subsequently amended to provide jurisdictions within SCAG additional time. The City of Del Mar is not within SCAG, and, even if it was, this deadline has already expired. I have also been unable to locate any evidence the HCD determined the City’s 6th Cycle was in substantial compliance in advance of this deadline. Therefore, unless and until the City completes the requisite rezones of the candidates sites, certification of the City’s 6th Cycle is prohibited under the current law.
I have noted that some jurisdictions in SANDAG that were similarly situated to the City of Del Mar have recently received certification of their 6th Cycles in violation of AB 1398. It is my understanding the forthcoming complaint is not intended to identify these jurisdictions and/or related approvals. I only note this to you as a reason why certain entities and individuals are worried this same determination will be awarded to the City despite its egregious – and continued – noncompliance with state housing laws.
As to the second concern, again because of the lack of public participation in the reapproval of the updated 6th Cycle, it is the public’s understanding that the City is heavily – if not solely – relying on the Del Mar Fairgrounds for its provision of housing in accordance with its RHNA allocation. If this is true, not only does this violate California’s fair housing laws, but it is also a disingenuous representation of the City’s progress and commitment to providing housing. As a note, the Fairgrounds is owned by the State of California and the City of Del Mar has no land use jurisdiction.
Earlier this month, the manager of the Fairgrounds, 22nd District Agricultural Association, announced it will be contracting with real estate consultant to identify the best use of the property. This contract, which will not even be voted on until sometime in January 2023, includes a one-year term with two optional, one-year extensions. Meaning, at best, a report for how to use the site would be completed by Q1 2024. At worst, the report would be completed Q1 2026. These timeframes are just for the consultant to prepare a report, and do not include the formation of plans or agreements to implement the recommendations of the report. Additionally, given the location of the Fairgrounds in the floodplain and concerns the Coastal Commission has already expressed with this site, there is no guarantee that the report will recommend the provision of housing at the Fairgrounds location. For your records, attached please find a PDF of an article in the San Diego Union Tribune about this contract, as well as the original RFP. The fact the 22nd District Agricultural Association desires to enter into such a contractual relationship undermines the City’s position that the Fairgrounds remains a viable candidate site for the 6th Cycle. Perhaps this will change in advance of the 7th Cycle, but reliance on this site now ensures that little to no housing will actually be put online during the 6th Cycle.
Lastly, and unrelated to the City’s 6th Cycle and recent resubmission, I wanted share some information about the City’s general disregard for the ongoing housing crisis. As you may know, the City recently submitted a letter to Senator Toni Atkins complaining that recent state legislation is stripping local governments of land use control. Please see here [na01.safelinks.protection.outlook.com]. However, what may not be as widely known is that the City intends to join four other local governments in a lawsuit against the State of California, challenging SB 9. The decision to join this suit came out of the City Council’s closed session on December 5, 2022. Please see here [na01.safelinks.protection.outlook.com] for the agenda on this matter.
As always, I am available and happy to chat about this with you in more detail. I truly appreciate your commitment to the provision of housing in our state, and recognize the difficult position you are often put into. Again, I am sorry to be sending such a weighty email over a holiday weekend! However, I did not want you or your team to be caught flatfooted in the instance a complaint is filed in advance of HCD’s deadline to respond to the City.
I hope you have a very happy New Year and a successful 2023! Best,
Whitney
Whitney Hodges | Partner
1.619.338.6542 | direct
58 April 3, 2023 Item 12
3 1.858.735.3751 | cell
[email protected] | Bio [sheppardmullin.com]
SheppardMullin
501 West Broadway, 19th Floor
San Diego, CA 92101-3598
+1 619-338-6500 | main
www.sheppardmullin.com [sheppardmullin.com] | LinkedIn [linkedin.com] | Twitter [twitter.com] Attention: This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.
59 April 3, 2023 Item 12
1 Amanda Lee
From: Coy, Melinda@HCD <[email protected]>
Sent: Tuesday, January 3, 2023 9:05 AM
To: Ayala, Jose@HCD
Cc: McDougall, Paul@HCD; Housing Elements@HCD
Subject: FW: City of Del Mar - Concerns re Compliance with Housing Element/AB 1398 Attachments: Fairgrounds RFP-23-006-Highest-&-Best-Use-Feasibility-Consultant.pdf; U-T Article (12.21.22) - Del Mar Fairgrounds Ready to Rethink Entire Property. 'Don't Worry, Nothing is Changing Overnight'.pdf
Please put in third party folder
Jose, for your review
From: Whitney Hodges <[email protected]>
Sent: Saturday, December 31, 2022 4:47 PM
To: Coy, Melinda@HCD <[email protected]>
Subject: RE: City of Del Mar - Concerns re Compliance with Housing Element/AB 1398 My apologies, this time with the attachments.
Whitney Hodges | Partner
1.619.338.6542 | direct
1.858.735.3751 | cell
[email protected] | Bio [sheppardmullin.com]
From: Whitney Hodges <[email protected]>
Sent: Saturday, December 31, 2022 4:43 PM
To: Coy, Melinda@HCD <[email protected]>
Subject: City of Del Mar - Concerns re Compliance with Housing Element/AB 1398 Good Afternoon Melinda,
I am sorry to be sending this to you over a long holiday weekend, but I recently learned of some time-sensitive information and wanted to provide you and your team with the professional courtesy of advanced notice.
It is my understanding that a complaint to HAU against the City of Del Mar will be forthcoming. It was recently discovered the City has submitted a revised 6th Cycle in mid-November, which comments (or certification) from HCD are due January 13, 2023. While this revised version was submitted to HCD without public notice or hearing, it is believed – because of the lack of public participation – that the revisions neither provide for the automatic rezone for any or all candidate sites identified in the document nor take into account the fact the Del Mar Fairgrounds would not be available for housing development until late 2024 at best, if at all.
As to the first concern, AB 1398 is clear that a locality that fails to adopt a housing element that the HCD has found to be in substantial compliance with state law within 120 days of the statutory deadline to complete this required rezoning no later than one year from the deadline for adoption of the housing element – and prohibits the Housing Element from being found in substantial compliance until that rezoning is completed. Based on the evidence before the public, there is no indication the City has completed these rezones either as part of the most recent iteration of the 6th Cycle or as a 60 April 3, 2023 Item 12
2 separate action. As you are more than aware, AB 1398 was subsequently amended to provide jurisdictions within SCAG additional time. The City of Del Mar is not within SCAG, and, even if it was, this deadline has already expired. I have also been unable to locate any evidence the HCD determined the City’s 6th Cycle was in substantial compliance in advance of this deadline. Therefore, unless and until the City completes the requisite rezones of the candidates sites, certification of the City’s 6th Cycle is prohibited under the current law.
I have noted that some jurisdictions in SANDAG that were similarly situated to the City of Del Mar have recently received certification of their 6th Cycles in violation of AB 1398. It is my understanding the forthcoming complaint is not intended to identify these jurisdictions and/or related approvals. I only note this to you as a reason why certain entities and individuals are worried this same determination will be awarded to the City despite its egregious – and continued – noncompliance with state housing laws.
As to the second concern, again because of the lack of public participation in the reapproval of the updated 6th Cycle, it is the public’s understanding that the City is heavily – if not solely – relying on the Del Mar Fairgrounds for its provision of housing in accordance with its RHNA allocation. If this is true, not only does this violate California’s fair housing laws, but it is also a disingenuous representation of the City’s progress and commitment to providing housing. As a note, the Fairgrounds is owned by the State of California and the City of Del Mar has no land use jurisdiction.
Earlier this month, the manager of the Fairgrounds, 22nd District Agricultural Association, announced it will be contracting with real estate consultant to identify the best use of the property. This contract, which will not even be voted on until sometime in January 2023, includes a one-year term with two optional, one-year extensions. Meaning, at best, a report for how to use the site would be completed by Q1 2024. At worst, the report would be completed Q1 2026. These timeframes are just for the consultant to prepare a report, and do not include the formation of plans or agreements to implement the recommendations of the report. Additionally, given the location of the Fairgrounds in the floodplain and concerns the Coastal Commission has already expressed with this site, there is no guarantee that the report will recommend the provision of housing at the Fairgrounds location. For your records, attached please find a PDF of an article in the San Diego Union Tribune about this contract, as well as the original RFP. The fact the 22nd District Agricultural Association desires to enter into such a contractual relationship undermines the City’s position that the Fairgrounds remains a viable candidate site for the 6th Cycle. Perhaps this will change in advance of the 7th Cycle, but reliance on this site now ensures that little to no housing will actually be put online during the 6th Cycle.
Lastly, and unrelated to the City’s 6th Cycle and recent resubmission, I wanted share some information about the City’s general disregard for the ongoing housing crisis. As you may know, the City recently submitted a letter to Senator Toni Atkins complaining that recent state legislation is stripping local governments of land use control. Please see here [na01.safelinks.protection.outlook.com]. However, what may not be as widely known is that the City intends to join four other local governments in a lawsuit against the State of California, challenging SB 9. The decision to join this suit came out of the City Council’s closed session on December 5, 2022. Please see here [na01.safelinks.protection.outlook.com] for the agenda on this matter.
As always, I am available and happy to chat about this with you in more detail. I truly appreciate your commitment to the provision of housing in our state, and recognize the difficult position you are often put into. Again, I am sorry to be sending such a weighty email over a holiday weekend! However, I did not want you or your team to be caught flatfooted in the instance a complaint is filed in advance of HCD’s deadline to respond to the City.
I hope you have a very happy New Year and a successful 2023! Best,
Whitney
Whitney Hodges | Partner
1.619.338.6542 | direct
61 April 3, 2023 Item 12
3 1.858.735.3751 | cell
[email protected] | Bio [sheppardmullin.com]
SheppardMullin
501 West Broadway, 19th Floor
San Diego, CA 92101-3598
+1 619-338-6500 | main
www.sheppardmullin.com [sheppardmullin.com] | LinkedIn [linkedin.com] | Twitter [twitter.com] Attention: This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.
62 April 3, 2023 Item 12
22ND DISTRICT AGRICULTURAL ASSOCIATION (DISTRICT)
SAN DIEGO COUNTY FAIR
REQUEST FOR PROPOSAL (RFP)
RFP No. 23-006
RFP SCORING METHOD: SECONDARY METHOD (HIGH SCORE)
DGS Contracting Manual, Volume 1, Section 5.25
Highest and Best Use Feasibility Consultant
for
22nd District Agricultural Association
Contact Person: Angel Ramsey – Contracts and Purchasing Manager Telephone: (858) 792-4263
Email: [email protected]
This is the only authorized person designated by the State to receive communications concerning this RFP.
Please do not attempt to contact any other Staff or Board Member concerning this RFP. Oral communication with fair officers and employees concerning this RFP shall not be binding on District, shall not be considered by District in reviewing or scoring a response to this RFP, and shall in no way excuse the Proposer of the obligations set forth in this RFP.
Date Issued: October 13, 2022
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TABLE OF CONTENTS
SECTION 1.0 DEFINITIONS AND TENTATIVE SCHEDULE PAGE 1
SECTION 2.0 GENERAL INFORMATION, PROPOSAL INSTRUCTIONS AND PAGE 3
PROVISIONS
SECTION 3.0 RULES GOVERNING COMPETITION & TECHNICAL EVALUATION PAGE 16 SECTION 4.0 EVALUATION, SELECTION AND SCORING PROCESS PAGE 19 SECTION 5.0 REQUIRED FORMS AND DOCUMENTS PAGE 22
SECTION 6.0 SAMPLE STANDARD AGREEMENT PAGE 52
Forms
Proposer/Contractor Status Form
Certificate re California Government Code 1090 Disclosure of Interests Form Payee Data Record
Financial Proposal Form
Proposer References Form
Contractor Certification Clauses
Bidder’s Declaration Form
Disable Veteran Business Enterprise Declaration
Subcontractor Declaration Form
California Civil Rights Laws Certification
Darfur Contracting Act Certification
Iran Contracting Act Verification
Reference Material
A. Facilities Maps
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1 SECTION 1.0
DEFINITIONS & TENTATIVE RFP SCHEDULE
1.1 DEFINITIONS
RFP Request for Proposal (Secondary Method)
Proposer/ The individual, company, organization, or business entity submitting the Contractor proposal in response to the Request for Proposal.
District or 22nd DAA Refers to the 22nd District Agricultural Association, a California state institution, which operates and administers the Del Mar Fairgrounds/San Diego County Fair; the 22nd District Agricultural Association is not a local government agency.
DGS Refers to the Department of General Services, State of California, located at:
707 Third Street 2nd Floor
Sacramento, CA 95605
Attention: Legal Office
Committee Evaluation and selection committee chosen by District to review, evaluate and score proposals received in response to the Request for Proposal. As required by Section 5.15(f) of the DGS State Contracting Manual, the members of the evaluation and selection committee will be from District.
Proposal Refers generally to a proposal submitted by a Proposer to District in response to this RFP. Proposals are comprised of two sections, Technical and Financial.
Technical Section Portion of the proposal that details qualitative considerations that may include but are not necessarily limited to: depth and level of relevant experience of the individual/organization, ability to meet the needs of District, management plan, services offered, and/or proposed personnel qualifications.
Financial Section The revenue portion of the proposal, as detailed in the “Financial Proposal” form.
Responsive Proposals that are timely and meet the requirements of this RFP will be considered “responsive”.
Sample Standard The Sample Agreement includes the Statement/Scope of Work, Payment Agreement Terms, General Terms and Conditions, Special Terms and Conditions and Insurance Requirements that are specific to the Agreement that will be awarded as a result of this RFP. For details of the services being requested under this RFP, see Section 6.0 – Sample Standard Agreement.
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2 1.2 TENTATIVE RFP SCHEDULE DATE TIME
RFP Release date
Voluntary Pre-proposal Site Tour will be held on 1:00 pm Written Requests for Additional Information are due
October 13, 2022
October 19, 2022
October 26, 2022 11:00 am
Final Date for Proposal Submission at District’s November 10, 2022 11:00 am Contracts Department located in District Administration Building Technical proposals will be reviewed and evaluated week of November 14, 2022 This includes but is not limited to the verification of the Proposer’s Small Business Status, DVBE requirements (if applicable), and submitted references
Presentations, conducted via Zoom are anticipated November 17, 2022 Notice of Intent to Award November 28, 2022
Contract Award December 2, 2022 4:00 pm
Submitted to 22nd DAA Board of Directors for Approval December 13, 2022 Proposed Contract Commences January 1, 2023
District may, at its sole and absolute discretion, reject any or all proposals, or parts thereof, or reject any item or items in this RFP, or impose conditions, and waive any irregularities or technicalities not related to legal requirements. District may re-advertise this RFP; postpone or cancel this RFP, at any time, during the RFP process. The decision as to who shall receive a contract award, or whether or not an award shall ever be made as a result of this RFP, shall be at the sole and absolute discretion of District. District reserves the right to make an award without the consideration of option or renewal years, as the interests of District may require.
(All above dates and times are subject to change.)
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3 SECTION 2.0
GENERAL INFORMATION
PROPOSAL INSTRUCTIONS AND PROVISIONS
District is releasing this RFP with the intent to award a single contract for Highest and Best Use Feasibility Consultant services.
District is seeking a highly qualified firm to develop, guide, and facilitate a comprehensive strategy to determine highest and best use for District properties that advance the purpose, mission, and vision of District.
District board and staff have been actively engaged in a strategic planning process that has elaborated on the purpose, mission, vision, and values of District in pursuit of ensuring a quality experience to guests and patrons of District venues, including the Fairgrounds, Surf &Turf Recreation Center, and Del Mar Equestrian Center. Proposer is encouraged to elaborate in its proposal on its alignment with District’s strategic direction.
In issuing this RFP, it is the objective of District to find an experienced firm who has the capability to work collaboratively with its Board of Directors, Executive Management Team, and staff to create land development usage plans that encourage public and private investment in order to ensure that resources are used efficiently to economically support the organization, further community connection, and safeguard environmental resources.
The principal objectives for the highest and best use analysis study include:
• Evaluating opportunities for enhanced development of the various District properties congruent with District’s mission of offering agricultural, educational, recreational and entertainment opportunities to San Diego County residents.
• Analyzing the opportunity for success of prospective land uses within the context of Purpose, Mission, Vision, Values, and Objectives of District.
o Objectives
Connection
Environmental stewardship
Net revenue generation
The Fair – fundamentally why District exists
Serving as a resiliency center and resource
• Developing a pragmatic, fiscally responsible land use plan, including appropriate upgrades and improvements to existing facilities and grounds and the addition of new facilities to support current and new program opportunities.
• Presentation of options for funding improvements.
• Public and community thought leader engagement.
Proposer(s) acknowledges and accepts that as a result of the strategic planning process, District may, in its sole and absolute discretion, modify or cease certain uses in the future, in part or whole.
District may, at its sole and absolute discretion, reject any or all proposals, or parts thereof, or reject any item or items in this RFP, or impose conditions, and waive any irregularities or technicalities not related to legal requirements. District may re-advertise this RFP; postpone or cancel this RFP, at any time, during the RFP process. The decision as to who shall receive a contract award, or whether or not an award shall ever be made as a result of this RFP, shall be at the sole and absolute discretion of District.
Any contract resulting from this RFP will be awarded to the Proposer(s) whose proposal(s), as determined by District, best meet(s) the requirements set forth in this RFP including the Statement/Scope of Work to 67 April 3, 2023 Item 12
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4 be performed described in Section 6.0 Sample Standard Agreement, Exhibit A, and the Format and Content Requirements (Section 2.7) of Proposals. District will use the Secondary Method scoring process, as explained in the DGS Contracting Manual, Volume 1, at Section 5.25, et seq., whereby proposals include, and are scored on, both a financial and qualitative component, and the award is based on the highest total score, which includes the sum of the score for the financial component and for the qualitative component. Considerations on the qualitative component are outlined in Section 2.7. The award selection is based on a consideration of a combination of technical (qualitative component) and cost factors (financial component) to determine (or derive) the proposal deemed most advantageous and of the greatest value to District.
The contract term shall be for one (1) year with two (2) one (1) year options to renew, at the sole and absolute discretion of District. The last option year expires December 31, 2025. The contract is subject to annual evaluation and certification that the contractor has met all contract requirements. District may decide, in its sole and absolute discretion, whether to exercise any contract option under the contract.
2.1 HISTORY AND GENERAL BACKGROUND INFORMATION
District manages and operates the Fairgrounds on behalf of the State of California Department of Food & Agriculture, Branch of Fairs & Expositions. Operations are primarily funded by revenues generated through hosting both public and private events across three distinct properties: the 212-acre main campus known publicly as the Del Mar Fairgrounds, the 48-acre Surf & Turf Recreational Facilities campus, and the 64-acre equestrian center campus known as Del Mar Horsepark.
NOTICE: The California Coastal Commission (CCC) has jurisdiction over all developments and improvements to District property. In addition, the San Diego Regional Water Quality Control Board (Regional Board) is the State agency responsible for ensuring compliance with the Clean Water Act and District is required to comply with the California Environmental Quality Act (CEQA).
PURPOSE, MISSION, VISION & VALUES
District board and staff have been actively engaged in a strategic planning process that has elaborated on the purpose, mission, vision, and values of the organization in pursuit of ensuring a quality experience to guests and patrons of the Fairgrounds.
PURPOSE
We are a timeless community treasure where all can flourish, connect, and interact through yearround exceptional experiences.
MISSION
We connect our community through shared interests, diverse experiences, and service to one another in an inclusive, accessible, and safe place with an emphasis on entertainment, recreation, agriculture, and education.
VISION
We will be the community’s iconic place for social interaction and cultural expression, honoring traditions, embracing innovation, celebrating excellence, and having fun.
VALUES – We believe
Fun! …in celebrating the ordinary and the extraordinary in unique ways.
A+ Quality …in creating exceptional and memorable experiences.
Integrity …in being responsible to our community, the environment and to one another.
Respect …in providing an inclusive and interactive place where all people can connect.
Service …in purposeful and inspiring engagement.
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5 DEL MAR FAIRGROUNDS MAIN CAMPUS
The facilities consist of 200,000 square feet of trade show and meeting space, a 15,000-seat grandstand, a 3,500-9,000 seat multi-use outdoor arena, a one-mile dirt/turf surface horse racing track, and a 78,988 square foot indoor entertainment center.
Several renters operate year-round on District properties including at the 48-acre Surf & Turf Recreation Center featuring tennis, swimming, volleyball, driving range, two miniature golf courses, golf pro shop, and a 70-site RV park. The Del Mar Thoroughbred Club is the largest renter of District, leasing on-site office space and operating two seasons of live thoroughbred horse racing. ASM Global’s Premier Food Services has a dedicated staff exclusively managing event catering and on-site restaurant and bar food and beverage services.
Events hosted at the Fairgrounds fall into two categories:
• Events produced by District, including the San Diego County Fair; • Events and activities produced by third-party promoters, which range from concerts and festivals, trade shows and consumer expos, equestrian competitions and animal shows, sporting events, fundraisers, and personal celebrations.
SAN DIEGO COUNTY FAIR
With roots dating back to 1880, the annual San Diego County Fair is a celebration of local agriculture, industry and arts and is a treasured summertime tradition for generations of San Diegans. The San Diego County Fair starts off summer in early-to-mid June, ending in a rousing finale on Independence Day weekend. Drawing crowds reaching up to 1.5 million, the San Diego County Fair is the largest fair in California, ranks among the top ten fairs in the nation, and is the largest net revenue generating activity at the Fairgrounds.
DEL MAR EQUESTRIAN CENTER CAMPUS
Located in the San Dieguito River Valley two miles east of the Fairgrounds main campus, equestrian enthusiasts participate in a variety of activities including riding lessons, horse boarding and training, and shows in multiple disciplines. The facility has a covered and lighted arena seating capacity of 1,320 within two grass jumping stadiums, four show rings, four training rings, and one dressage ring.
SURF & TURF RECREATION CENTER CAMPUS
Located across Jimmy Durante Boulevard from the Fairgrounds main campus, Surf & Turf Recreation Center is home to several year-round renters that provide sports and training facilities for tennis, swimming, volleyball, and golf including driving range, two miniature golf courses, golf pro shop, and a 70-site RV park.
In issuing this RFP, it is the objective of District to find an experienced firm who has the capability to work collaboratively with its Board of Directors, Executive Management Team, and staff to create land development usage plans that encourage public and private investment in order to ensure that resources are used efficiently to economically support the organization, further community connection, and safeguard environmental resources.
2.2 PROPOSER RESPONSIBILITY
Read the RFP documents very carefully, as District is not responsible for errors and omissions on the part of the Proposer. Note, the Terms and Conditions have been relocated to Section 6.0, as part of the Sample Standard Agreement. Also, carefully review all final documents before submission to District, as the Committee will not interpret or correct detected errors in a Proposer’s calculations. The submission of a Proposal shall be conclusive evidence that (i) the Proposer has observed and carefully 69 April 3, 2023 Item 12
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6 examined the RFP as to the nature, quality, and scope of work to be performed; (ii) the Proposer is capable of performing the type and quality of work identified in the RFP to achieve District’s objectives; and (iii) the Proposer is capable of meeting the administrative compliance requirements in preparation of the proposal.
2.3 VOLUNTARY SITE TOUR
District will conduct a voluntary Pre-Bid Site Tour on October 19, 2022 beginning at 1:00 pm at the following location:
22nd District Agricultural Association Board Room
2260 Jimmy Durante Boulevard
Del Mar, CA 92014
Though attendance is not mandatory, prospective Proposers that intend to submit a proposal are highly encouraged to attend this Voluntary Site Tour. It shall be each prospective Proposer’s responsibility to attend the Site Tour promptly at 11:00 am. District reserves the right not to repeat information for participants that join the tour after it has begun. The voluntary Site Tour is a public event or meeting and anyone may attend.
Spontaneous verbal remarks provided in response to questions/inquiries are unofficial and are not binding on District unless later confirmed in writing as an addendum to this RFP.
Prospective proposers should carefully review this RFP before the site tour date to become familiar with the qualification requirements, scope of work and bid content requirements. Prospective Proposers are encouraged to have their copy of this RFP available for viewing during the site tour.
Shortly after the tour, District will summarize all questions and issues raised and post an Addendum on District’s website at the following internet address: https://delmarfairgrounds.com/about-us/publicinformation/#bids.
Proposers are responsible for their costs to attend/participate in the tour. Those costs cannot be charged District or included in any cost element of the Proposer’s price offering. All Proposers who want to attend the pre-proposal site tour should RSVP, no later than 72 hours before the site tour, by email to:
2.4 PRESENTATIONS
As part of the Technical Proposal, Proposers are required to conduct a presentation. See Section 2.7 below for presentation submission requirements. Presentations will be conducted via video conference only. District has tentatively identified November 17, 2022, to conduct presentations. All Proposers are asked to keep these dates available. No other presentations dates will be provided. Therefore, if a Proposer is unable to attend the presentation on these dates, its proposal may be eliminated from further evaluation or scored negatively. The presentation will consist of a short presentation by the Proposer limited to a specified amount of time and the Committee may ask questions related to the Proposer’s technical proposal and qualifications. Proposers will not be allowed to ask questions. The presentation must be consistent with the Proposal and may not modify or supplement the written Proposal. Attempts to use the presentation to modify or supplement the written proposal may, in District’s sole discretion, disqualify the Proposal and remove it from any further consideration. For Proposers who need assistance attending the video conference presentations due to a physical impairment, a reasonable accommodation will be provided upon request. Such request must be made by email to: [email protected], no later than the close of business on the fifth working day prior to the scheduled date and time of the presentations. 70 April 3, 2023 Item 12
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7 2.5 WRITTEN REQUESTS FOR ADDITIONAL INFORMATION
In the opinion of District, this RFP is complete and without need of explanation. However, if a Proposer has questions, or requires any clarifying or additional information, the Proposer must submit in writing any and all questions or requests for information. Requests must be clearly labeled, "Written Request for Information re RFP No 23-006.” All requests must provide sufficient information for District to decide whether to provide any additional or clarifying information based upon the initial submittals. District’s response, if any, will be based upon this information and will be publicly disseminated. Inadequate information will cause Proposer’s written request for information to be denied. Written requests for information may be submitted by facsimile, mail, courier and preferably by email to [email protected], no later than 11:00 am, October 26, 2022. The identity of the Proposer submitting the written request(s) for information will not be revealed. Responses to questions will be released as a Question and Answer Summary via addendum.
2.6 CHANGES TO THE RFP (ADDENDA)
Any request to change this RFP must be submitted in writing in accordance with the instructions “Written Requests for Additional Information.” If necessary, District will modify the RFP before the date set for submission of final proposals, by issuing a written addendum to all parties who have been furnished notice of the RFP for bidding purposes. There will be no verbal changes. Verbal communications are not binding on District.
The effect of all addenda to the RFP shall be considered in each Proposer’s proposal, and the addenda shall be made a part of Proposer’s proposal and shall be returned with Proposer’s proposal or acknowledgment of addenda.
Important: All Proposers should inquire from the Contact Person listed below whether any addenda have been issued prior to submitting a proposal in response to the RFP. It is the Proposers’ responsibility to ascertain and confirm they have received all addenda issued to this RFP before submitting a proposal. Failure to recognize the effect of issued addenda in any proposal will render the proposal non-responsive and result in its rejection.
Written acknowledgment of receipt of all addenda must be noted on the Addendum Letter in the space provided.
2.7 FORMAT AND CONTENT REQUIREMENTS
A. Format Requirements
The Proposer must remember to:
* Follow the proposal format instructions;
* Present the information in the order and manner requested; * Answer the questions in the RFP; and
* Provide the data requested by the RFP.
Information in this section is to be provided in the order requested, beginning with the cover letter page.
Each page is to be numbered at the bottom, starting with the number 1; all pages should be 8-1/2 x 11- inch paper; and all narrative portions of the proposal should be typed. Pre-printed documents and or example materials may be submitted in their original format with the Technical Proposal as an attachment.
Proposals not following the requested format may be deemed non-responsive and therefore rejected or it may affect the score of the proposal.
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8 B. Proposal Content Requirements
Proposal shall contain the following:
1) Proposal Cover Letter
The signed Proposal Cover Letter on the letterhead of the Proposer, containing the following statement verbatim:
“Submission of this proposal signifies that all terms, conditions, requirements, protest procedures, performance measures, addendum(s) and instructions concerning RFP 23- 006, to which this proposal responds, have been read and understood. Further, in signing this letter as the authorized representative of the submitting Proposer, it is expressly agreed by the Proposer that failure to have provided accurate and truthful information in this proposal or any deviation from any requirement or performance measure stated in the RFP shall constitute grounds for rejection of this proposal. Additionally, Proposer agrees that if the submitted proposal is not in the required format of the RFP, Proposer’s proposal will be deemed non-responsive.”
The person’s name must be printed clearly above the signature line and signature must be dated.
IMPORTANT! If Proposer fails to submit this verbatim document or it is not signed and dated, the proposal will be rejected as being non-responsive.
2) Technical Proposal
a. Relevant Experience and Qualifications
Demonstrate competency and experience of Proposer and Proposer’s subcontractor(s), if any, to provide services as set forth in the Statement/Scope of Work.
Description of firm, size, structure, and years in operation. Discuss employee development, professionalism, and code of conduct standards.
Include an organization chart.
• Indicate key personnel’s level of involvement in providing the services outlined in Statement/Scope of Work.
• Provide resumes for executives, managers, and key staff members including qualifications, relevant education, and/or experience.
Description of Proposer’s experience in completing work of this type including three (3) specific examples and project references. Provide contact name, address, telephone number, and e-mail address of references that District may contact regarding Proposer’s relevant experience and qualifications.
District may, at its option, use information gained by conducting reference checks with references provided or from individuals that have had contracts with Proposer. Proposer shall be given the opportunity to respond to unfavorable information which has been acquired from references other than those provided by Proposer.
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9 b. Method of Approach
Demonstrate the ability to perform in this type of business clearly and articulate an achievable work plan that indicates Proposer’s depth and understanding of the requirements as set forth in the Statement/Scope of Work.
Provide summary of understanding of the project including Proposer’s scope of services necessary to perform and fulfill the objectives including a proposed schedule and key milestones, methodologies employed, and engagement with District. Discuss lessons learned and insights gained on previous projects that would be employed on this project to bring value to District.
Include statements on how Proposer will engage District board, Executive Leadership Team, staff, the public, and community thought leaders in the process, and how subcontractors, if any, may be used in Proposer’s ability to provide these services. c. Presentation
Any presentation materials, such as PowerPoint slides, must be included in Technical Proposal Package. Presentation should demonstrate Proposer’s skill, experience, ability, and understanding of the Statement/Scope of Work as identified in this RFP, including:
• Conceptual approach to researching and developing recommendations for highest and best use land plans;
• Two case histories that demonstrate highest and best use feasibility studies.
Note: All proposal materials are subject to the California Public Records Act and will be considered public record once a Notice of Intent to Award the contract has been made. 3) Financial Proposal Bid Form
The Financial Proposal Bid Form must be completed and signed. If Proposer fails to submit this document, and it is not signed and dated, the proposal will be rejected as being nonresponsive.
Any addition, omission or modification of the form will result in automatic disqualification. 4) Required Attachments to be completed and included in the Proposal Package are outlined in Section 5.0
2.8 PROPOSAL SUBMISSION INSTRUCTIONS
• Assemble one original and two copies of the proposal package. • The original proposal must be marked "MASTER." All documents contained in the original proposal package must have original signatures and must be signed by a person who is authorized to bind the Proposer. All additional proposal sets may contain photocopies of the original package. • The proposal package should be prepared in the least expensive method. Expensive bindings, color displays, promotional materials, et cetera, are neither necessary nor desired. Please DO NOT use coil or spiral binding. Proposers are encouraged to concentrate on conformity with RFP instructions, responsiveness to RFP requirements and the clarity and completeness of the proposal’s content.
Deviations may affect the score of the proposal.
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10 • Place the proposal in a single envelope or package, if possible. If more than one envelope or package is submitted, carefully label each one as instructed below, and mark on the outside of each envelope or package “1 of X”, “2 of X”, etc.
• Mail or arrange for hand delivery of the proposal package to District at its administrative office, located at 2260 Jimmy Durante Boulevard, Del Mar, California 92014. Sealed proposals must be physically received no later than the date and time indicated under Section 1.2 of this RFP. • Proposals must be submitted in sealed packages. The outside of your proposal package must be labeled with the Proposer’s name on the outside and addressed as follows:
RFP 23-006 Highest and Best Use Feasibility Consultant
22nd District Agricultural Association
Administration Building
2260 Jimmy Durante Boulevard
Del Mar, CA 92014-2216
• Failure to meet these requirements will result in a non-responsive proposal and proposals received after this date and time will not be considered, and will be returned, unopened. Faxes and emails will not be accepted. The Proposer is solely responsible for ensuring that the complete proposal is received by District in accordance with the RFP requirements. District shall not be responsible for any delays in mail or by common carriers or by transmission errors or delays or any other mis-delivery.
Proposals received after this date and time will not be considered, and will be returned, unopened. • Omissions, inaccuracies or misstatements may be sufficient cause for rejection of a proposal.
2.9 CONTRACT AWARD
If a contract is awarded, it shall be granted to the Proposer with the highest total scored proposal. (See Section 4.0 for further details). District will post a Notice of Intent to Award online at https://delmarfairgrounds.com/about-us/public-information/#bids as well as at District’s Administration Offices for five (5) working days before officially awarding the contract. In addition, a copy of the Notice of Intent to Award will be emailed to each Proposer.
A contract award is not final until:
• the time for protesting the Notice of Intent to Award has expired, and/or; • protests filed, if any, have been withdrawn or rejected by DGS; and • the proposed contract has been approved by the District Board of Directors at a duly noticed public meeting;
• and if necessary, the proposed award has been approved by the California Department of Food & Agriculture and/or DGS.
District reserves the right to reject any or all proposals for any reason, to make and award without any discussion or interviews, to request additional information, and to negotiate any minor details, terms or conditions.
District reserves the right to require confirmation of information furnished by any Proposer, or for the Proposer to provide additional evidence of qualifications to perform the work. Failure to provide this additional evidence may result in the rejection of the proposal and its removal from further consideration. 74 April 3, 2023 Item 12
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11 It is District’s intention to award a contract that includes all requirements under this RFP to one Proposer.
2.10 SMALL BUSINESS PREFERENCE
California law allows certified small business (SB) and microbusiness (MB) firms and non-small businesses who subcontract 25% with a certified SB/MB firm(s) to receive a 5% preference on applicable state solicitations. The effect of the preference is to help SB's/MB's be more competitive in the proposal process, thereby enhancing state contract awards directly or indirectly to SB/MB. The preference is only used for computational purposes to determine the winning proposal; the actual proposed amount remains the same.
If you are claiming the 5% small business preference and are a SB or MB, or if your application is on file with the Office of Small Business and DVBE Services (OSDS), or if you are claiming the preference as a non-small business subcontracting 25% with certified SB/MB (s), you must provide copies of Small Business Certification(s) and a completed Bidder’s Declaration with your proposal in order to receive the preference.
Certification Application
To apply for Small Business Certification, go online to https://www.dgs.ca.gov/PD/Services/PageContent/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-DisabledVeteran-Business-Enterprise. To receive your hard copy form by mail, email [email protected] or call (800) 559-5529 or (916) 375-4940.
Your complete certification application package must be received by the OSDS no later than 5 p.m. of the proposal due date. Your certification effective date will be the date the application is properly received and deemed complete by the OSDS. Incomplete application submittals will delay your certification status and may result in the loss of your 5% preference eligibility. For more information, email [email protected] or call (916) 375-4940.
You may mail, hand-deliver or express-mail your package to:
Office of small Business and DVBE Services (OSDS)
Attn: BDD Unit
707 3rd Street, 1st Floor, Room 1-400, MS 210
West Sacramento, CA 95605
2.11 PROPOSER/CONTRACTOR STATUS FORM
All Proposers must complete, sign and submit this form in response to the RFP. District reserves the right to verify the information on the Proposer/Contractor Status Form. If the Proposer is a corporation, the form must include the title of the person signing the form (i.e., corporate officer status), and a copy of the corporate resolution authorizing the signing of the form must be attached. If the Proposer is a partnership, the signing partner must indicate whether that partner is a limited or general partner.
2.12 DVBE REQUIREMENTS
District elects to waive the Disabled Veteran Business Enterprise (DVBE) program requirement this solicitation. No DVBE requirement is made for this solicitation. However, it is the policy of District to encourage DVBE contractors to participate in the competitive procurement process. State Certified DVBE 75 April 3, 2023 Item 12
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12 prime contractors or non-DVBE prime contractors subcontracting 5% to State Certified DVBE(s) will receive a 5% preference scoring incentive to be applied when determining award, for evaluation purposes only. The incentive is only used for computational purposes to determine the winning proposal; the actual proposed amount remains the same.
2.13 INSURANCE
2.13(a) INSURANCE REQUIREMENTS AT TIME OF PROPOSAL
A copy of Proposers current insurance certificate (or a letter confirming coverage) must be included with the Proposal. The copy of the insurance certificate, or letter confirming coverage, included with the Proposal must confirm $1,000,000 in commercial general liability coverage, evidence of automobile liability coverage, and, if Proposer has employees, Workers’ Compensation insurance coverage.
If the Proposer is not on the California Fair Services Authority’s (CFSA) Master Insurance List and fails to include a copy of Proposer’s current insurance certificate confirming the coverages identified above in this Section 2.13(a), District shall provide written notice of this failure to Proposer. If Proposer fails to provide a copy of Proposer’s current insurance certificate confirming the coverages identified above in this Section 2.13(a), within 2 business days of receipt of the Failure Notice, District may reject the proposal.
2.13(b) CONTRACTOR INSURANCE REQUIREMENTS AT TIME OF CONTRACT EXECUTION After the proposed contract has been approved by 22nd DAA Board of Directors at a duly noticed public meeting, but before execution of the contract, and if the Proposer awarded the contract is not on the CFSA Master Insurance List, the Proposer awarded the contract shall provide District with an original Certificate of Insurance including $1,000,000 in commercial general liability, evidence of automobile liability coverage, and, if Proposer has employees, Workers’ Compensation coverage, The original certificate of insurance provided to District under this Section 2.13(b) must include the following, unless the Proposer is on the California Fair Services Authority’s (CFSA) Master Insurance List:
• Evidence of appropriate insurance coverage for the term of the contract, including but not limited to $1,000,000 in commercial general liability insurance; • Evidence of Workers’ Compensation Insurance as required by law; • A commitment by the insured to provide a 30-day cancellation notice; • An endorsement stating this insurance is primary and noncontributory with District, with name and address shown, listed as certificate holder; and;
• The additional insured endorsement and paragraph in exactly the following words:
"That the State of California, the California Fair Services Authority, the 22nd District Agricultural Association, the State Race Track Leasing Commission, the Del Mar Race Track Authority, the California Department of Finance, the California Department of General Services, the California Department of Food and Agriculture, and their directors, officers, agents, servants, and employees, are made additional insured, but only insofar as the operations under this contract are concerned."
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13 2.14 PRE-CONTRACTUAL EXPENSES
Pre-contractual expenses are defined as expenses incurred by Proposer in: (1) preparing the proposal in response to this RFP No. 23-006; (2) submission of said proposal to District; (3) negotiating any matter related to this proposal; (4) preparation and submission of any bid protest related documents and materials; and (5) any other expenses incurred by Proposer prior to date of award.
District shall not, under any circumstance whatsoever, be liable for any expenses incurred by any Proposer before the execution of a contract resulting from this solicitation. Proposer shall not include any such expenses as part of the price as proposed in response to this RFP.
2.15 SIGNATURE
The Proposal Forms, Certifications, Letters, and all Documents must be signed with the Proposer's name as indicated. A Proposal by a corporation must be signed by a duly authorized officer, employee or agent.
2.16 SINGLE PROPOSAL RESPONSE
If only one proposal is received in response to this RFP and it is found by District to meet the requirements of this RFP, additional detailed costs or financial data may be requested of the single Proposer. A cost or financial analysis may be performed by or on behalf of District of the financial proposal in order to determine if the proposal is fair and reasonable. The Proposer expressly agrees to such analysis by submitting a proposal in response to this RFP.
A cost analysis is a more detailed evaluation of the cost elements in the Proposer’s Financial Proposal.
It is conducted by District to form an opinion as to the degree to which the proposed costs represent what the Proposer’s performance should cost. A cost analysis is generally conducted to determine whether the Proposer is applying sound management in proposing the application of resources to the operational effort, and whether costs are allowable, allocable and reasonable. Any such analyses, including the results from that analysis, shall not obligate District to accept such a single proposal; and District may reject such proposal in its sole and absolute discretion.
2.17 JOINT OFFERS
Where two Proposers elect to submit a single proposal in response to this RFP, they should do so on a prime-subcontractor basis rather than as a joint venture.
2.18 TAXES
Proposer shall pay any and all taxes of whatever character that may be levied or charged upon the Premises, or upon the Renter’s improvements, fixtures, equipment, or other property thereon or upon the Renter’s use thereof.
2.19 NONASSIGNMENT
Any attempt by the Proposer, including any of Proposer’s subcontractors, to assign, subcontract, or transfer all or any part of the agreement resulting from this RFP in any manner whatsoever shall be void and unenforceable without District’s prior written consent; which consent may be granted or withheld in District’s sole and absolute discretion. Assignment shall include a sale or any transfer of more than 50% of any corporate stock. Any such consent shall not relieve the Proposer from full and 77 April 3, 2023 Item 12
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14 direct responsibility for all services performed prior to the date of assigning, subcontracting, or transferring this agreement.
2.20 LOSS LEADER
It is unlawful for any person engaged in business within the State of California to sell or use any article or product as a “loss leader” as defined in Section 17030 of the California Business and Professions Code.
2.21 UNANTICIPATED TASKS, TIME OR DELIVERABLES
In the event of unanticipated deliverables, additional time or additional work must be performed that is not identified in this RFP, but in District’s opinion is necessary to successfully accomplish the statement of work or technical specifications, District will initiate a contract amendment to add time, deliverables or tasks. Unless otherwise indicated, all stipulated terms and conditions appearing in the resulting contract including fixed costs, unit pricing, expenses or rates will apply to any additional work.
2.22 CONFLICT OF INTEREST
This RFP process shall be governed by, and any resulting agreement executed by District with the successful Proposer will include, the following provision:
“Contractor will comply with the requirements of California Government Code Section 1090 et seq. and any and all other ethics laws applicable to the performance of this Agreement. The Contractor may not perform services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to the Contractor’s obligations pursuant to this Agreement. The Contractor agrees to cooperate fully with District and to provide any necessary and appropriate information requested by District or any authorized representative concerning potential conflicts of interest or prohibitions concerning the Contractor’s obligations pursuant to this Agreement. Contractor may not employ any 22nd DAA director, official, officer or employee in the performance of this Agreement, nor may any director, official, officer or employee of District have any financial interest in this Agreement that would violate California Government Code Section 1090, et sq. Contractor acknowledges and understands that, if this Agreement is made in violation of Government Code Section 1090, et seq., this entire Agreement is void and Contractor will not be entitled to any compensation for Contractor’s performance of this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse District for any sums paid to the Contractor under this Agreement. Contractor understands that, in addition to the foregoing, penalties for violating Government Code Section 1090 may include criminal prosecution and disqualification from holding public office in the State of California. Any violation by the Contractor of the requirements of this provision will constitute a material breach of this Agreement, and District reserves all its rights and remedies at law and in equity concerning any such violations.”
Proposers are required to document in writing to the Contact Person identified on the cover of this RFP any known, suspected, or potential conflict of interest with a 22nd DAA director, official, officer or employee and or their immediate family, whether contractual, ownership (including but not limited to any ownership interest in any corporation, partnership, association or other legal entity, or any stock option or other rights pertaining to any such entity), financial or employment related, in or involving this procurement or resulting agreement. See Certificate re California Government Code 1090 and Disclosure of Interests form included in this RFP. If any such interest arises at any time during the solicitation period, a full and complete written disclosure should be made immediately to District. 78 April 3, 2023 Item 12
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15 2.23 SCOPE OF WORK
See Sample Standard Agreement, Exhibit A entitled, “Statement/Scope of Work” that is included in Section 6.0 of this RFP. Exhibit A contains a detailed description of the services and work to be performed as a result of this RFP.
Exhibit A describes the work to be performed by the Proposer who is awarded the contract and contains the language, terms and conditions that shall be incorporated and will become a part of any contract awarded pursuant to this RFP.
2.24 RESULTING CONTRACT
If an award is made following the RFP process, and the Express Conditions identified in Section 2.9 of this RFP have been satisfied, any agreement between the successful Proposer(s) and District is not valid or enforceable unless and until that agreement is approved by 22nd DAA Board of Directors at a public meeting. The resulting agreement between District and the successful Proposer(s) will include the following documents:
A. The attached sample Standard Agreement including the Statement/ Scope of Work, Terms and Conditions, and Insurance Requirements
B. RFP 23-006 General Provisions (incorporated by reference) C. Addenda to the RFP (No. 23-006) (incorporated by reference) D. District’s response to written questions and clarifications to the RFP (No. 23-006) (incorporated by reference)
A proposer’s unwillingness or inability to agree to the terms and conditions shown below or contained in any exhibit identified in this RFP may cause District to deem a proposer non-responsible and ineligible for an award.
In general, District will not accept alterations to the General Terms and Conditions (GTC), Special Terms and Conditions, the Scope of Work or alternate Agreement/exhibit language submitted by a Proposer.
District will consider a proposal containing such provisions “a counter proposal” and may reject such a proposal.
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16 SECTION 3.0
RULES GOVERNING COMPETITION & TECHNICAL EVALUATION
3.1 ERRORS
If a Proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in this RFP, the Proposer shall immediately notify District of such error in writing, addressed to the Contact Person listed on the cover page of this RFP, and request modification or clarification of this document.
Modifications and clarifications by District, if any, will be made in writing by way of an addendum issued pursuant to paragraph 3.2 below.
3.2 ADDENDA
If necessary, District will modify the RFP prior to the date set for submission of final proposals, by issuance of a written addendum to all parties who have been furnished notice of the RFP for proposal purposes.
All Proposers should inquire from the Contact Person listed on the cover sheet whether any addenda have been issued prior to submitting a proposal in response to the RFP.
3.3 GROUNDS FOR REJECTION OF PROPOSAL
A proposal shall be rejected if -
• Untimely. If it is received at any time after the exact time and date set for receipt of proposals, as stated in Section 1.2. The Proposer is solely responsible for ensuring that the full proposal package is received by District in accordance with the solicitation requirements, prior to the date, time, and place specified. District shall not be responsible for any delays in mail or by common carriers or by transmission errors or delays or mis-delivery.
• Multiple Proposals Submitted. If the Proposer has submitted multiple proposals in response to this RFP, without formally withdrawing other proposals.
• Not Signed. If the Proposer does not provide a signed cover letter on the letterhead of the Proposer with the statement contained in Section 2.7, verbatim.
• Timed Expiration to Proposal. Proposal cannot be “timed” to expire on a specific date. For example, a statement similar to “this proposal and cost estimate are valid for sixty (60) days,” is considered conditional and non-responsive to the RFP and shall be rejected. • Contractor Insurance Documentation Not Submitted. If Contractor does not submit its own insurance documents and information.
• Requires District to Make Purchases. If a Proposal requires District to purchase software, equipment, unused devices, any aspect of the digital ticketing and redemption system or carnival game operation, or pay any additional fees or costs not specifically identified in this RFP. • No Addendum Acknowledgement (when applicable). If the Proposer does not provide signed Addendum Acknowledgement. Written acknowledgment of receipt of all addenda must be noted on the Addendum Letter(s) in the space provided. Not applicable if no addenda released for this RFP.
A proposal may be rejected or the score of a proposal may be affected (at District’s sole and absolute discretion), if -
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17 • It is incomplete, or if it contains any alterations of form or other irregularities of any kind. District may, at its sole and absolute discretion, reject any proposal, all proposals, or part(s) thereof; re-advertise this RFP; postpone or cancel, at any time, this RFP process; reject any item(s), requirement(s), term(s) or condition(s); or waive any irregularities in a proposal or this RFP. • It contains false or misleading statements or references which do not support attributes or conditions contended by the Proposer. (The Proposal shall be rejected if District determines, in its sole and absolute discretion, that the information was intended to mislead District in its evaluation of the proposal and the attribute, condition, or capability of meeting the requirements of this RFP.)
3.4 STATE’S RIGHT TO REJECT ANY OR ALL PROPOSALS
It is the policy of District not to solicit proposals unless there is a bona fide intention to award a contract.
However, District may, at its sole and absolute discretion, reject any or all proposals, or parts thereof, or reject any item or items in this RFP, or impose conditions, or impose conditions, and waive any irregularities or technicalities not related to legal requirements. District may re-advertise this RFP; postpone or cancel this RFP, at any time, during the RFP process. The decision as to who shall receive a contract award, or whether or not an award shall ever be made as a result of this RFP, shall be at the sole and absolute discretion of District.
3.5 PROTESTS
Only Proposers may file a protest against the awarding of the contract.
The protest must be filed in writing with District’s Contract Office and with the Department of General Services (DGS), as specified below:
Department of General Services
707 Third Street, 7th Floor, Suite 7-330
West Sacramento, CA 95605
Attention: Bid Protest Coordinator
22nd District Agricultural Association
2260 Jimmy Durante Blvd.
Del Mar, CA 92014
Attn: Contracts and Purchasing Manager
The protest must be received by DGS and District no later than 4:00 p.m. on the fifth working day after Notice of Intent to Award was posted. For purposes of this section, “working day” shall mean any day that District’s and DGS’ offices are open to the public to conduct business. Requests for an extension of time outside this timeframe will not be considered. The written protest must be delivered to District and DGS via mail, email, courier, or in person. The failure to timely file a protest shall constitute an irrevocable waiver of the Proposer’s right to protest. Upon the expiration of this protest period, if no protest has been filed, the contract may be awarded.
The initial protest letter must include the name, address, and telephone number of the protestant and of the person representing the protesting party, if any, and must be signed by the protestant or the protestant’s representative. The initial protest letter may, but is not required to, contain the information described in the following Paragraph.
IN ADDITION, within five (5) calendar days after filing the initial protest letter, the protestant shall file with District’s Contract Office and DGS Legal Office a fully detailed and complete written statement specifying the grounds for the protest, including without limitation, all facts, supporting documentation, legal authority and arguments in support of the bid protest. Any grounds not raised in this written statement will be deemed waived by the protesting party.
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18 PLEASE NOTE: The procedures and time limits set forth in this section are mandatory. Failure to file with District and DGS Legal Office (i) notice of protest by the conclusion of the fifth working day after notice of intention to award a contract has been posted and (ii) a complete detailed written statement within five (5) calendar days of filing the protest stating grounds for protest will result in the Protester's protest being deemed untimely and grounds for protest waived. Protests shall be limited to the grounds contained in Public Contract Code, Section 10345.
3.6 DISPOSITION OF PROPOSALS
All materials submitted in response to this RFP will become the property of District.
All proposals, evaluations and scoring sheets shall be available for public inspection at the conclusion of the Committee scoring process and announcement of a Notice of Intent to Award, or cancellation of the RFP. If an individual or entity requests copies of these documents, District will assess a fee to cover duplicating costs. Documents may be returned only at District’s option and at the Proposer’s expense.
One original and one (1) copy of each Proposer’s proposal shall be retained for official 22nd DAA files.
3.7 CONFIDENTIALITY OF PROPOSALS
District will hold the contents of all proposals in confidence until issuance of the Notice of Intent to Award; once issued and posted, no proposal will be treated as confidential. Proposals submitted are not to be copyrighted.
3.8 MODIFICATION OR WITHDRAWAL OF PROPOSALS
Any proposal which is received by District before the time and date set for receipt of proposals may be withdrawn or modified by written request of the Proposer. However, in order to be considered, the modified proposal must be received by the time and date set for receipt of proposals in Section 1.2 and any prior proposals must be formally withdrawn.
A Proposer cannot withdraw or modify a proposal after the due date and time for receipt of proposals, but the Proposer may request in writing that District withdraw the Proposal from further contention.
3.9 EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Proposer represents that it is not a target of Economic Sanctions. Should the District determine Proposer is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Proposer’s proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the District. 82 April 3, 2023 Item 12
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19 SECTION 4.0
EVALUATION, SELECTION AND SCORING PROCESS
Each proposal shall be evaluated for ability to best meet District’s needs as described in this RFP. This section describes the process that the Committee will follow when evaluating and scoring proposals and awarding the contract, if any is awarded, and contains the exact scoring criteria to be used. During the evaluation and selection process, the Committee may hear presentations. Presentations are for clarification purposes only. The Proposer will not be allowed to ask questions concerning other proposals and may only respond to clarification questions from the Committee. Proposals cannot be amended by the Proposer after the time and date designated for receipt.
4.1 EVALUATION AND SELECTION PROCESS (This is not for public review.) A. Following the deadline for receipt of proposals, as stated in the RFP schedule, each proposal will be examined to determine if:
• The proposal was received by the deadline time and date; • The RFP’s physical format requirements were met as determined by District in its sole and absolute discretion; and
B. Proposals that meet the submittal format requirements, as stated in the previous paragraph “A,” will be deemed responsive and submitted to the Committee for:
• Evaluation of Technical Proposal – Relevant Experience and Qualifications, Method of Approach, Presentation (Maximum 70 points possible)
• Evaluation of Financial Proposal – Cost/Price Component (Maximum 30 points possible) Proposals that do not present the information in the format required may be rejected as nonresponsive or their score may be affected. Proposals that do not meet the mandatory requirements identified in the RFP will be rejected.
C. District reserves the right to verify any known relevant experience and or references disclosed in the proposal or to ascertain the accuracy of information presented. Misinformation or inaccuracies are grounds for disqualification or receipt of a lower score.
D. The Committee will evaluate each responsive proposal and assign points to the technical proposal based on the criteria outlined in Section 4.2 below.
E. Review of the technical proposal is conducted by the Committee without influence of price.
F. The Committee may schedule Zoom presentation(s) with responsive Proposers. Length of time for presentations to be determined. Proposers are encouraged to include staff and subcontractors that Proposer considers important to the presentation. The presentation must be consistent with the Proposal and it may not in any way modify or add to the written Proposal. Attempts to use the presentation to change or modify the proposal will disqualify the Proposal and remove it from any further consideration. Proposers are not allowed to ask any questions. Following the presentation, the Committee may interview the Proposer and ask for clarification of the proposal. Following any presentation(s), the Committee members may decide to re-score proposals based on clarification gained by the presentation.
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20 G. In order to obtain the average technical score for each Proposer, the total points of each reviewer will be added up for each Proposer and the result divided by the number of people on the Committee.
H. The “Financial Proposal” will then be scored based on the criteria outlined in section 4.2.3 below. The financial score will be added to the technical score to achieve the overall score for each proposer.
Certified small business Proposers, who have included in their proposal a copy of their Small Business Certification Approval Letter, shall be granted a preference of five percent (5%).
I. Selection of the award is based on the highest total score of the responsive proposals.
J. In the event of a tie on the highest total score between two Proposers, the tie will be broken by the toss of a coin by the Contracts Department representative, or designee, in the presence of any authorized representatives of the Proposers. In the event of a tie on the highest total score among three or more Proposers, the tie will be broken by the following method: In the presence of any authorized representatives of the Proposers, (1) the Contracts Manager, or designee, shall write the name of each Proposer on a slip of paper; (2) the Contracts Manager, or designee, shall place each slip of paper containing each Proposer’s name in a hat; and (3) the Contracts Manager, or designee, shall select one slip of paper from the hat. The name on the piece of paper selected from the hat by the Contracts Manager, or designee, shall be the deemed the winning Proposer.
K. All Proposers will be notified of the results. District will post a Notice of Intent to Award online at https://delmarfairgrounds.com/about-us/public-information/#bids as well as at District’s Administration Offices for five (5) working days before officially awarding the contract. In addition, a copy of the Notice of Intent to Award will be emailed to each Proposer.
4.2 SCORING PROCESS - CRITERIA & COMPOSITION, DETERMINATION OF POINT TOTALS Scoring consists of two components, the “Technical Proposal” (relative experience and qualifications, management plan, business plan, and financial strength and stability) with a maximum value of 70 points and the “Financial Proposal” with a maximum value of 30 points for a combined value of 100 points.
4.2.1 TECHNICAL PROPOSAL (Maximum 70 points possible)
The following describes the Technical Proposal evaluation criteria for scoring and composition that will be used to determine point values for Highest and Best Use Feasibility services. Based upon the information/composition provided in the “Technical Proposal” a point value will be determined by the Committee for each category described below. The Committee will utilize percentage ratings that will then be translated into the Proposer’s point score for the particular component of the proposal being evaluated.
• Relevant Experience and Qualifications (25 Points Possible) • Method of Approach (25 Points Possible)
• Presentation (20 Points Possible)
4.2.2 TECHNICAL EVALUATION RATING STANDARDS
Based on the information provided by the Proposer in the “Technical Proposal,” the Committee will rate each Proposal using the standards described in the following table. These standards, and their associated percentage ratings, will be translated into the Proposer’s point score, as described above, for the particular component of the proposal being evaluated. 84 April 3, 2023 Item 12
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21 RATING STANDARDS
Evaluators will score the Proposals based on percentages for levels of quality. The percentages will then be translated to points based upon the weight for the particular factor. For example, if a Proposer, under the category “Relevant Experience and Qualifications” (maximum 25 points) is determined to be “Excellent 90 %” it will receive 22.5 points (0.9 x 25). If another Proposer in the same category is “Fair 70%” it will receive 17.5 points (0.7 x 25).
4.2.3 FINANCIAL PROPOSAL – Cost/Price Component (Maximum 30 points possible) The financial proposal that generates the least expense for District shall receive 30 points. The score for each of the lesser financial proposals shall be determined utilizing the following formula: the next highest financial proposal being scored will be divided by the highest financial proposal and then multiplied by 30 points (e.g. $400,000 ÷ $450,000 = .8889 x 30 = 26.6670 points). The score for each of the lesser financial proposals shall be rounded to the nearest thousandth of a percentage point using conventional rounding procedures. Specifically, if the digit in the ten-thousandths place is less than 5, the digit in the thousandths place remains the same; if the digit in the ten-thousandths place is equal to or greater than 5, the digit in the thousandths place rounds up to the next digit (e.g.,
38.7655 would round to 38.766; 38.7654 would round to 38.765).
Percentage Description
Non-Compliant
0%
Fails to address the component or the Proposer does not describe any experience related to the component.
Poor
1-40%
Minimally addresses the section, but one or more major considerations of the component are not addressed, or so limited that it results in a low degree of confidence in the Proposer’s response or proposed solution.
Fair
41-60%
The response addresses the section adequately, but minor considerations may not be addressed. Acceptable degree of confidence in the Proposer’s response or proposed solution.
Good
61-80%
The response fully addresses the section and provides a good quality solution. Good degree of confidence in the Proposer’s response or proposed solution.
Excellent
81-90%
All considerations of the section are addressed with a high degree of confidence in the Proposer’s response or proposed solution.
Outstanding
91-100%
All considerations of the section are addressed with the highest degree of confidence in the Proposer’s response or proposed solution. The response exceeds the requirements in providing a superior experience, a creative approach or an exceptional solution.
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22 SECTION 5.0
REQUIRED FORMS, DOCUMENTS AND EXHIBITS SECTION
5.1 FORMS AND DOCUMENTS TO BE COMPLETED AND OR SUBMITTED BY PROPOSER • Proposer/Contractor Status Form**
• Certificate re California Government Code 1090 Disclosure of Interests Form • Financial Proposal Form
• Payee Data Record
• Proposer References Form
• Contractor Certification Clauses
• Bidder’s Declaration Form (if applicable, to be completed to account for all applicable subcontractors)
• Subcontractor Declaration Form (if applicable, to be completed by any applicable subcontractor) • Disable Veteran Business Enterprise Declaration
• Darfur Contracting Act Certification
• California Civil Rights Laws Certification
• Iran Contracting Act Verification
• Proof/Evidence of Insurance (i.e. Insurance Certificate), as described in Section 2.13 • Small Business Documentation, if applicable, as described in Section 2.10 • Technical Proposal, as described in Section 4.2.1
** If the Proposer/Contractor Status Form is not completely filled out, signed and submitted with Proposer’s response to the bid process, the bid will be rejected as non-responsive.
5.2 THESE DOCUMENTS WILL BECOME PART OF THE CONTRACT TO BE AWARDED AND EXECUTED BY THE PROPOSER AND DISTRICT (samples of which are attached) • Sample Standard Agreement (Section 6.0)
• Special Contract Terms and Conditions (see Sample Standard Agreement) • General Contract Terms and Conditions (see Sample Standard Agreement) • Insurance Requirements (see Sample Standard Agreement) • Preventing Storm Water Pollution (see Sample Standard Agreement) • 22nd DAA Conservation Policy (see Sample Standard Agreement)
5.3 REFERENCE MATERIAL
Facilities Maps
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24 FORMS
RFP No. 23-006, Highest and Best Use Feasibility Consultant Proposer / Contractor Status Form – 2 Pages
Certificate and Disclosure of Interests – 2 Pages
Financial Proposal Form – 2 Pages
Payee Data Record – 2 Pages
Proposer References Form – 1 Page
Contractor Certification Clauses – 4 Pages
Bidder’s Declaration – 2 Pages
Subcontractor Declaration Form – 1 Page
Disable Veteran Business Enterprise Declaration – 1
Page California Civil Rights Laws Certification - 1 Page Darfur Contracting Act Certification – 1 Page
Iran Contracting Act Verification – 2 Pages
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BIDDER/CONTRACTOR STATUS FORM
RFP/IFB No. _______
Bidder/Contractor
(full business name)
Address ___________________________________________ City __________________ (principal place of business)
State _______________ Zip Code ___________________ Federal Employer ID # _________________ Status of Contractor Proposing to do Business (Please check one) ______ Individual ______ Limited Partnership ______ General Partnership _____ Corporation Individual (Please check one) ______ Resident ______ Non-Resident If a sole proprietorship, state the true full name of sole proprietor: (i.e., John Roe Smith, not J. Roe Smith or not John R. Smith)
Partnership (Please check one) _______ General Partnership _______ Limited Partnership If a partnership, list each partner, identifying whether limited partner(s), stating their true full name and their interest in the partnership:
Corporation
Place and date of incorporation
If not a California Corporation in good standing, please state the date the corporation was authorized to do business in California: ______________________
(Date)
Current officers
President: _______________________________ Vice President: _____________________________ Secretary: _______________________________ Treasurer: _________________________________ Other Officers: ____________________________ Other Officers: ______________________________ RETURN THIS FORM WITH YOUR BID - Page 1 of 2
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BIDDER/CONTRACTOR STATUS FORM (continued)
RFP/IFB No. ________
All must answer:
Are you subject to Federal Backup Withholding? ______ Yes ______ No Fictitious Name
If contractor is doing business under a fictitious business name and will be performing under the fictitious name, please attach a clearly legible copy of the current fictitious filing.
Small Business Preference
Are you claiming preference as a small business in reference to this RFP/IFB? _____ Yes _____ No If yes, the Bidder is required to submit a copy of the Small Business Certification Approval Letter with the technical Bid package.
Your small business ID number: _________________________ Pending Litigation or Hearings
List any civil or criminal litigation, administrative hearings currently pending or filed against the Bidder’s organization, owners, officers or employees, within the last three years. State the case number, cause of action, agency or court where pending and status of litigation or hearing; attach additional pages if needed.
The 22nd DAA reserves the right to verify the information provided on this form by the Bidder under the RFP/ IFB process.
I declare under penalty of perjury that the above information is true and correct, and that I am authorized to sign this Bidder/Contractor Status Form on behalf of the Bidder/Contractor. _____________________________________________ _______________________________________ (Print Name) (Signature)
_____________________________________________ ________________________________ (Print Title) (Date)
If this status form is not completely filled out, signed and submitted with Bidder's Bid, the Bid will be rejected as non-responsive.
RETURN THIS FORM WITH YOUR BID - Page 2 of 2
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Certificate re California Government Code 1090 and Disclosure of Interests RFP/IFB No. _______
I __________________________________________________________ as a representative of Print Name
Name of Bidder/Proposer
and with the authority, acknowledge that, the above Bidder/Proposer has read, understands, agrees to comply with the requirements of California Government Code Section 1090 et seq. and any and all other conflict of interest and ethics laws applicable to the performance of this Agreement.
If Bidder/Proposer is awarded the prospective contract described in the IFB/RFP, Bidder/Proposer agrees that it will be barred from entering into any financial relationships with any person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to the Bidder’s/Proposer’s obligations pursuant to this IFB/RFP or any resulting Agreement. The Bidder/Proposer agrees to cooperate fully with the 22nd District Agricultural Association (22nd DAA) as well as to provide any necessary and appropriate information requested by the 22nd DAA or any authorized representative as relevant to actual or potential conflicts of interest or prohibitions concerning the IFB/RFP or any resulting Agreement.
The Bidder/Proposer understands, acknowledges, and agrees that:
• Bidder/Proposer may not employ any 22nd DAA director, official, officer or employee in the performance of the resulting Agreement.
• No director, official, officer or employee of the 22nd DAA may have any financial interest in the resulting Agreement that would violate California Government Code Section 1090, et sq. and/or any other applicable conflict of interest laws.
• Any Agreement awarded pursuant to the IFB/RFP made in violation of Government Code Section 1090, et seq., may be considered void and the Bidder/Proposer may not be entitled to any reimbursement or compensation for the Bidder/Proposer’s performance of the resulting Agreement, including reimbursement of expenses.
• Any violation of the applicable conflict of interest laws, including but not limited to Government Code section 1090, et seq. may constitute a material breach of the IFB/RFP and any resulting Agreement, and the 22nd DAA reserves all its rights and remedies at law and in equity concerning any such violations.
The Bidder/Proposer agrees to document in writing to the Contact Person identified on the cover of the IFB/RFP any known, suspected, or potential financial or familial interest with any 22nd DAA director, official, officer or employee and/or their immediate family, whether contractual, ownership (including but not limited to any ownership interest in any corporation, partnership, association or other legal entity, or any stock option or other rights pertaining to any such entity), financial or employment related. If any such interest arises at any time during the solicitation period, a full and complete written disclosure should be made immediately to the Contact Person identified on the cover of the IFB/RFP.
RETURN THIS FORM WITH YOUR BID/PROPOSAL – Page 1 of 2
Certificate re CGC 1090 and Disclosure Form
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Certificate re California Government Code 1090 and Disclosure of Interests IFB/RFP No. _______
“Continued”
I certify that I have no known suspected family or business relationships with any director, officer, official, or employee of the 22nd DAA. If my status with regard to the above changes, I understand that I must notify the Contact Person listed on the cover of the IFB/RFP immediately. I disclose the following relationships with and value received from and/or paid to the persons listed on the attached page. (Provide in writing a detailed description of known or potential financial interests with any and all directors, officers, officials, or employees of the 22nd DAA) NOTICE: THIS CERTIFICATE AND ITS EXECUTION HAVE SIGNIFICANT LEGAL CONSEQUENCES.
ALL BIDDERS/PROPOSERS ARE ENCOURAGED TO SEEK LEGAL COUNSEL. THE 22ND DAA DOES NOT AND CANNOT PROVIDE ANY LEGAL ADVICE REGARDING THIS CERTIFICATE.
I certify under penalty of perjury that the foregoing is true and correct:
_____________________________________________________________________ (NAME OF BIDDER/PROPOSER)
_________________________________________________
(SIGNATURE)
_________________________________________________
(PRINT NAME)
_________________________________________________
(TITLE)
_________________________________________________
(DATE)
RETURN THIS FORM WITH YOUR BID/PROPOSAL – Page 2 of 2
Certificate re CGC 1090 and Disclosure Form
91 April 3, 2023 Item 12
22nd District Agricultural Association
RFP No. 23-006
FINANCIAL PROPOSAL FORM
Proposer offers to provide Highest and Best Use Feasibility services as described in the statement/scope of work of this RFP. The “Financial Proposal Form” will be used to determine the “not to exceed” amount of the contract. Proposer shall bid a flat rate to cover the time period and staffing requirement as outlined in the Scope of Work to Be Performed.
District reserves the right to increase number of projects or hours as necessary.
The price quotes below shall be inclusive of all wages, allowances, supervision, insurance(s), material, labor, taxes, certificate, license, travel, meal reimbursements, hotel accommodation, equipment, transportation, fuel,or any other related services required. District shall not be billed for any costs that were not specifically included in the contract.
Procedure for hourly rate:
When additional services beyond those identified in the Scope of Work are needed, District will notify the Contractor of its objective goal. Contractor will then submit the estimated number of staff and hours required. District will review and give pre-approval before service can be provided.
ALL PROPOSERS MUST DECLARE LIST OF STAFF TO BE USED FOR ANY ADDITIONAL PROJECTS BASED ON AN HOURLY RATE. PROPOSERS SHOULD USE DUPLICATE PAGES IF MORE SPACE TO ADD TO LIST OF STAFF IS NEEDED. FAILURE TO DISCLOSE LIST OF STAFF TITLES AND HOURLY RATES WILL RESULT IN DISQUALIFICATION.
DISTRICT WILL USE THE AVERAGE HOURLY RATE X 1000 (ESTIMATED HOURS) FOR EACH
YEAR FOR PROPOSAL EVALUATION, HOWEVER CONTRACT WILL BE BASED ON ACTUAL HOURS. ADDITIONAL SERVICES HOURS ARE NOT GUARANTEED.
PROPOSERS MUST USE PROVIDED FINANCIAL PROPOSAL FORM. ANY CHANGES OR MODIFICATIONS WILL RESULT IN DISQUALIFICATION.
PART ONE: FLAT FEES
Year One: 2023
Per Month Flat Fee Months Part One Total
$________________ X 12 = $_______________________
Option Year One: 2024
Per Month Flat Fee Months Part One Total
$________________ X 12 = $_______________________
92 April 3, 2023 Item 12
22nd District Agricultural Association
RFP No. 23-006