Table of Contents
2023-5-15 Regular Meeting Agenda
Item 4 - Summer Preparations 2023
Item 5 - Minutes
Item 6 - List of Demands
Item 8 - Agreement for Animal Control and Shelter Services Item 9 - Multi-Jurisdictional Hazard Mitigation Plan Update 2023 Item 10 - SHSP Award Acceptance 5-15-23
Item 11 - Olson Amended RAP
Item 12 - Council Subcommittee Charters
Item 13 - Utility Undergrounding Project Updates
Item 14 - Utility Undergrounding District 1B Formation Services Item 15 - AAC Council Liaison Appointment
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Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.
Regular Meeting
Monday, May 15, 2023 at 4:30 PM
Public Participation/Comment: Members of the public can participate in City Council meetings remotely and in-person.
Anyone may address the City Council for up to three minutes, at the Mayor’s discretion, on items on the agenda. Members of the public wishing to speak on items not on the agenda may do so under Public Oral Communications. Agenda items may be addressed in any order at the discretion of the Mayor. When addressing the Council, please state your name for the record. Any electronic presentations must be received before 9 a.m. on the date of the Council meeting. No PowerPoint presentations can be loaded during the meeting.
In-Person Participation: Please submit a completed “Speaker Slip”, including the item number you wish to speak on, to the City Clerk prior to the Mayor announcing the agenda item. The forms are located near the door at the rear of the Meeting Room. When called to speak, please approach the podium and state your name for the record.
Remote Participation: Members of the public can participate in the meeting remotely using the Zoom link and/or dial-in information provided below. Those wishing to comment live should join the Zoom meeting when the item(s) they wish to speak on is announced or at the meeting start time for items not on the agenda. Zoom Link:
https://us02web.zoom.us/j/84790910014; Phone: (669) 900- 6833; Meeting ID: 847 9091 0014
Written Comments: Members of the public can participate in the meeting by submitting a written red dot comment via email to [email protected]. The deadline to submit written comments is 12 p.m. on the day of the meeting and the subject line of your email should clearly state the agenda item you are commenting on.
Viewing the Meeting and Access to Agenda Materials: Members of the public can watch the meeting live on the City’s website at: http://delmar.12milesout.com/Video/Live and on Cable TV Spectrum Ch. 24, AT&T Ch. 99 starting at 4:30 PM. Agenda materials and communications from the public on agenda items, “Red Dots”, are available on the City’s website:
http://www.delmar.ca.us/AgendaCenter and a hard copy of the agenda materials are available at Del Mar City Hall and the Del Mar Library during their business hours.
Assistance for Persons with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Administrative Services Department at 1050 Camino del Mar or by calling (858) 755-9313.
Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Tracy Martinez
Mayor
Dan Quirk
Deputy Mayor
Dave Druker
Council Member
Terry Gaasterland
Council Member
Dwight Worden
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Nestor Machado
Acting City Clerk
Del Mar City Council Regular Meeting May 15, 2023
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Each person wishing to speak before the City Council on any matter not on the agenda shall submit a “Speaker Slip” to the City Clerk or raise their hand in Zoom when Public Oral Communication is announced. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and may be asked clarifying questions. Information received during Public Oral Communication may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda.
Note: there is a time limit of 30 minutes for this section of public communications and each speaker will be heard in the order of the submission of their speaker slip. Speakers who have turned in a speaker slip prior to the time oral communications was called on the agenda, but were not heard during the initial time period shall be called to speak at the end of the agenda.
V. CITY COUNCIL COMMENTS
VI. COMMUNITY ANNOUCEMENTS
VII. CITY MANAGER’S REPORT
VIII. PRESENTATIONS
1. Proclamation Honoring Martin “Marty” Cooper on the 50th Anniversary of His Invention of the Mobile Cell Phone and Many Significant Contributions Recommended Action: Mayor Martinez will present the proclamation to Marty Cooper.
Reference: Clerk’s File No. 1201-5
2. 2023 San Diego County Fair – “Get Out There” Presentation Recommended Action: Receive presentation from Carlene Moore, CEO, Del Mar Fairgrounds.
Reference: Clerk’s File No. 1502-10
3. Del Mar Bluffs Presentation
Recommended Action: Receive presentation from Adam Young with the Scripps Institute of Oceanography.
Del Mar City Council Regular Meeting May 15, 2023
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 1404-2
4. Del Mar Annual Preparations for Summer Season
Recommended Action: Staff requests that the City Council receive a report on the City’s annual preparations for the upcoming summer season.
Reference: Clerk’s File No. 1101-1, 1404-1,1502-10
IX. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council or the public so requests, in which event, the item will be pulled from the Consent Calendar and considered separately after the motion to approve the Consent Calendar. If you wish to remove an item from the Consent Calendar, please submit a “Speaker Slip” to the City Clerk or raise your hand in Zoom.
5. Approval of Minutes: May 1, 2023 Regular and Special Meeting Recommended Action: Approve Minutes.
Reference: Clerk’s Minutes Book
6. Ratification of List of Demands, dated May 15, 2023
Recommended Action: Ratify the List of Demands.
Reference: Clerk’s File No. 201-3
7. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.
Reference: Clerk’s File No. 401-4
8. Approval of Agreement for Animal Control and Shelter Services Recommended Action: Staff recommends that the City Council: 1) Approve a professional services agreement with the San Diego Humane Society (Attachment A) to provide animal control and shelter services for an initial fiveyear period beginning July 1, 2023; and 2) Authorize the City Manager to execute the agreement.
Reference: Clerk’s File No. 406-1
Del Mar City Council Regular Meeting May 15, 2023
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
9. Resolution Approving the Updated City of Del Mar Annex of the 2023 Multi- Jurisdictional Hazard Mitigation Plan
Recommended Action: Staff recommends the City Council adopt a Resolution (Attachment A) approving the updated City of Del Mar Annex (Attachment B) of the 2023 Multi-Jurisdictional Hazard Mitigation Plan.
Reference: Clerk’s File No. 1101-1, 1103-1
10. Acceptance of 2022 State Homeland Security Program Grant Funds Recommended Action: Staff recommends that the City Council: 1) Accept $6,909 in grant funds from the Fiscal Year 2022 State Homeland Security Program (SHSP) for the purchase of a thermal imaging camera and rescue saws with additional chain for the Del Mar Fire Department; and 2) Authorize the City Manager to execute the necessary grant documents.
Reference: Clerk’s File No. 201-13
11. Adoption of an Amended Restorative Action Plan for 404 Torrey Point Road Recommended Action: Staff recommends the City Council approve the Resolution (Attachment A) amending the Restorative Action Plan to resolve Code Enforcement Case CE 19-040 at 404 Torrey Point Road consistent with the Superior Court Judgment entered September 12, 2022.
Reference: Clerk’s File No. 301-8, 404-13
12. Approval of Mission/Purpose Statements for City Council Subcommittees Recommended Action: Staff recommends that the City Council approve the proposed mission/purpose statements for Council subcommittees (Attachment A) as prepared by the Council subcommittees and staff.
Reference: Clerk’s File No. 401-1, 401-5
X. COUNCIL MEETING RECESS
XI. CITY COUNCIL OTHER BUSINESS
13. City of Del Mar Utility Undergrounding Program Update Recommended Action: Staff recommends that the City Council receive an update regarding the City’s Utility Undergrounding Program and provide feedback on the Undergrounding Project Advisory Committee (UPAC) recommendation to determine whether to proceed with concurrent or sequential Del Mar City Council Regular Meeting May 15, 2023
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us construction activities once the design for Utility Underground District (UUD) 1A is complete.
Reference: Clerk’s File No. 1001-2
14. Approval of a Task Order with Utility Specialists Southwest, Inc. to Perform Utility Underground District (UUD) Formation Services for UUD 1B (Stratford Court North)
Recommended Action: Staff recommends that the City Council: 1) Approve a $74,375 Task Order (Attachment A) with Utility Specialists Southwest, Inc. to perform utility underground district (UUD) formation services for UUD 1B (Stratford Court North); and 2) Authorize the City Manager to execute the Task Order.
Reference: Clerk’s File No. 406-1, 1001-2
15. Appointment of Arts Advisory Committee Council Liaison Recommended Action: Staff recommends that the City Council appoint a second member of the Council to serve as a liaison to the Arts Advisory Committee (AAC) following the recent resignation of Council Liaison Worden to the AAC.
Reference: Clerk’s File No. 401-5
XII. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.
A. 22nd District Agricultural Association Community Relations Committee (Gaasterland/Martinez)
B. Clean Energy Alliance JPA (CEA) Board of Directors (Druker/Worden) C. CSA-17 Ambulance District Advisory Board (Martinez/Quirk) D. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Quirk/Martinez) E. League of California Cities – San Diego Chapter (Martinez/Worden) F. North County Transit District (NCTD) (Druker/Gaasterland) G. Regional Solid Waste Association (Worden/Quirk)
H. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Druker
I. SANDAG Borders Committee (Druker)
J. SANDAG Regional Planning Committee (Gaasterland)
K. SANDAG Shoreline Preservation Working Group
(Worden/Gaasterland/Martinez)
L. San Diego Metropolitan Wastewater Commission/JPA (Worden/Quirk/Druker) M. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Worden/Quirk)
N. Other Regional Organization Reports
Del Mar City Council Regular Meeting May 15, 2023
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XIII. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.
A. Arts Advisory Committee (Druker/Worden)
B. Clean Water Rate Project
C. Del Mar Community Connections (Martinez/Worden)
D. Del Mar Village Association (Gaasterland/Martinez)
E. Finance Committee (Druker/Worden)
F. Housing Subcommittee (Gaasterland/Martinez)
G. Human Resources Subcommittee (Druker/Worden)
H. Legislative Subcommittee (Druker/Gaasterland/Mayor Martinez end of 3rd Quarter)
I. Measure Q Citizen Oversight Committee (Gaasterland/Quirk) J. Parks and Recreation Committee (Martinez/Worden)
K. Del Mar Railroad Committee (Druker/Gaasterland)
L. Lagoon Committee (Quirk/Worden)
M. Sea-Level Rise Adaptation Plan Implementation Subcommittee (Gaasterland/Martinez)
N. Shores Advisory Committee
O. Sustainability Advisory Committee (Martinez/Worden)
P. Traffic and Parking Advisory Committee (Quirk/Worden) Q. Undergrounding Project Advisory Committee (Druker/Gaasterland) R. Other Committee-Subcommittee Reports
XIV. UPCOMING AGENDA ITEMS
The following topics/items are tentatively planned for upcoming agendas. The title, wording, and planned date for these items are subject to change. Final agendas are posted at City Hall 72 hours in advance of the meetings and are also posted on our web site with the accompanying staff report. Please watch our web site:
www.delmar.ca.us for City Council Agendas.
June 5, 2023
Adoption of a List of Projects Funded by SB1 Road Maintenance and Rehabilitation Account Professional Services Agreements with Del Mar Village Association for Economic Development and Destination Marketing
Professional Services Agreement with Del Mar Community Connections Professional Services Agreement with Regional Task Force for the Homeless (RTFH) Introduction of an Ordinance to Implement SB 9 Zone Code/Municipal Code/LCPA Introduction of an Ordinance to Accept California Coastal Commission Modifications for Parking Code Amendments/LCPA
Water Supply Contingency Plan and Ordinance Modifications to Emergency Water Management Program
Del Mar City Council Regular Meeting May 15, 2023
Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Update to Council Regarding Building Electrification
Paid Parking CDP (Update on signs, removal of parking meters on Via de la Valle, new beach parking pass program.)
Approval of Agreement for Third Party Administrator for Workers' Compensation Claims Services XV. CERTIFICATION
I, Nestor Machado, Acting City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 10th day of May, 2023 at approximately 4:00 p.m.
__________________________________________ 5/10/2023
Nestor Machado, Acting City Clerk Date
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Jon Edelbrock, Community Services Director
Via Ashley Jones, City Manager
DATE: May 15, 2023
SUBJECT: Del Mar Annual Preparations for Summer Season
REQUESTED ACTION/RECOMMENDATION:
Staff requests that the City Council receive a report on the City’s annual preparations for the upcoming summer season.
DISCUSSION/ANALYSIS:
The City prepares for the peak summer visitor season, which typically begins Memorial Day weekend and runs through Labor Day, in numerous ways to adjust for the additional demand on City services and to minimize the impact to residents of an influx of visitors and traffic.
After two summer seasons of limited or modified operations throughout the City and County due to the COVID-19 pandemic, City operations and permitting of events returned to pre-pandemic levels prior to summer 2022, which enabled the return of many popular local activities and a full calendar of events at the Powerhouse Community Center, beach, and parks. Notable returning events included the Del Mar Foundation’s Twilight Concert Series, Del Mar Junior Lifeguard program, and San Diego County Fair – which has a cap of 60,000 attendees per day.
All City departments prepare for and are impacted by higher service demands associated with an influx of summer visitors attracted to the City’s popular beach, restaurants, activities at the Fairgrounds, and other regional activities such as the Surf Cup at the Surf Sports Park in Carmel Valley. A significant number of resources are spent by all City departments in advance of the peak season anticipating and planning for service needs and events associated with summertime along with more concentrated efforts focused on high-impact events including the Del Mar Foundation Twilight Concert Series, Del Mar Village Association’s (DMVA) Summer Solstice Soiree, July 4th weekend, Opening Day at the Del Mar Thoroughbred Club, and the Junior Lifeguard program. 1 May 15, 2023 Item 04
City Council Agenda Report
Annual Preparations for Summer Season
May 15, 2023
Notable events and associated preparations include:
Del Mar Foundation Twilight Concert Series – The City will co-host four concerts in Powerhouse Park on June 20, July 18, August 1, and August 22. Preparations for the thousands of attendees for each event include planning meetings; establishing temporary designated rideshare zones adjacent to the park; scaledup event staffing; additional portable restrooms (including ADA) and cleanings; increased trash service frequency; and four contracted Sheriff’s Deputies provide focused event safety.
July 4th Holiday Weekend – The City is anticipating significant visitor impacts throughout the entire holiday weekend. With July 4th on a Tuesday this year, preparations shall be made for a four-day weekend from the 1st through the 4th.
Preparations include additional Sheriff’s Deputies and Community Service Department staff providing extra enforcement on the City beach, parks, and streets; upstaffing at all lifeguard towers to ensure beach and ocean safety; addition of portable public restrooms with a robust cleaning schedule at many beach entrances; staffing of an extra fire engine and a staged ambulance in the City on Tuesday, July 4th; street closures and parking modifications to accommodate the July 4th parade and fireworks display; and unified communications between all operations staff throughout the weekend.
Opening Day at the Del Mar Thoroughbred Club - Opening Day is Friday, July 21, and staff will increase staffing levels through the afternoon and evening hours to monitor traffic; add multiple rideshare zones downtown to encourage safe driving and easy drop-off and pick-up; and the addition of an extra Sheriff’s Deputy paid for by the Del Mar Thoroughbred Club.
Junior Lifeguard Program – The City is offering four Junior Lifeguard sessions between June 19 and August 11. The popular summer camp will serve 232 children between the ages of 9-15, and largely takes place near the 17th Street Beach Safety Center. Planning efforts includes training of all participating staff prior to the beginning of the program, uniform procurement, scheduling of eight Instructors and assistants each day, and curriculum instruction; maintaining a loading zone in the 1700 block of Coast Boulevard with tiered drop-off and pick-up times to best facilitate safe access and ingress and egress; and more.
During the summer months, there is also an increase in the volume of customer calls related to summer activities, medical aids, enforcement issues, safety issues, cleaning, and maintenance of public areas, as well as a significant amount of time dedicated to responding to summer issues that arise, which impacts front-line staff and management.
Attachment A includes an overview of the summer preparations for each City department that provides front-line service to the public. Some of these preparations are more 2 May 15, 2023 Item 04
City Council Agenda Report
Annual Preparations for Summer Season
May 15, 2023
apparent than others to the general public, such as increased staffing for the lifeguard stations and beach maintenance, while others are less apparent, like the pre-summer cleaning and maintenance of the 21st Street sewer pump station so it is ready to accommodate peak wastewater flows, largely from the Fairgrounds, during the summer months.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item. The costs associated with the activities identified in this agenda report are included in the current FY 2022-23 budget and included in future FY 2023-24 and FY 2024-25 operating budgets.
ATTACHMENTS:
Attachment A – Overview of Annual Summer Preparations for 2023 3 May 15, 2023 Item 04
ATTACHMENT A
Overview of Annual Summer Preparations - 2023
COMMUNITY SERVICES
• Lifeguard Services
o Increased lifeguard staffing beginning on weekends in May, all lifeguard stations open on weekends daily by Memorial Day weekend, and every day by June 17th- the “unofficial” start of summer. Lifeguard staffing levels for the peak summer season are 20 guards on the weekdays and 25 on weekends. Increased staffing beyond these levels is added for busy holiday weekends. o Provide lifeguard operations from 8:00 A.M. to 9:00 P.M. June through Labor Day.
Hours of operation and staffing are closely watched and modified based on weather and number of visitors from spring break through fall. o Provide four sessions of the City’s Junior Lifeguard program which includes instruction in lifesaving techniques, the marine environment, skills training, and physical fitness for 232 children ages 9-15 yrs.
o Hiring and training twelve additional seasonal Student Lifeguards and one seasonal Lifeguard II to provide seasonal lifeguard and Junior Lifeguard programs staffing.
o Host a month-long lifeguard academy in May to train and certify new staff in CPR, AED, First Aid, ocean skills, and department operations. o All lifeguard staff required to attend a requalification day to meet the Department’s required running, swimming, paddling, and emergency skills service standards. o Coordinate and provide weekly staff trainings on CPR, first aid, rope rescue, cliff rescue, SCUBA, and all technical skills.
o Continual collaboration and coordination with City staff and patrons to balance active and passive use of our public beach, ensure public access and safe recreational opportunities, and comply with the City’s municipal code. o Lead collaborative planning efforts between Fire, Sheriff, Public Works, and the City Manager’s office to prepare for the Del Mar Foundation’s Summer Twilight Concerts, July 4th holiday weekend, and Opening Day at the Del Mar Thoroughbred Club.
• Parking Management and Enforcement Services
o Increased parking enforcement by approximately one additional Officer on Fridays, Saturdays, and Sundays, with additional staff for holidays and special events. o Extended enforcement hours until 11:30 P.M. Fridays and Saturdays from Memorial Day through Labor Day to cover the later evening parking and municipal enforcement challenges.
o Provide general municipal code enforcement throughout the City including assisting the Code Enforcement Officer to help monitor Encroachment Permits, Clean Water regulations, signage, and more.
o Implement conditions of the City’s updated paid parking program Conditional Development Permit (CDP).
4 May 15, 2023 Item 04
ATTACHMENT A
• Powerhouse and Park Operations
o Event permits are back to 2019 pre-Covid levels with events permitted daily across all facilities including Town Hall, Powerhouse Community Center, City parks, and the public beach. Staff have permitted over 250 special events at City facilities for the current fiscal year including 50 hosted by City of Del Mar non-profit organizations.
o Coordinate with City staff, Sheriff, and Fire Departments, to prepare for all major local events including Fourth of July and Opening Day of the Del Mar Racetrack. o Increased staffing and duties for maintenance staff including cleaning, opening, and closing, of public restrooms at both the Powerhouse Community Center and 17th Street Beach Safety Center and cleaning of the outside patio and walkways adjacent to both buildings. Maintenance staff continue to use best sanitation practices in high-touch areas.
o In collaboration with the City’s IT Department, organizers of major events now have the option to complete and pay for permit applications online through ETrakit Special Events.
COMMUNITY ENFORCEMENT
• Beach and Community Patrol Officers
o Staff the Beach and Community Patrol Officers (BCPO) to coincide with peak days/times and events, to provide supplemental enforcement on the beach and in City parks.
o Work with HR Department to hire additional part-time Beach and Community Patrol Officers to help with full staffing of the BCPO team.
o The one full-time and four part-time seasonal BCPO’s work closely and in partnership with Lifeguards, Parking Officers, and Sheriff’s Deputies, to provide service and allow staff in those roles to focus more on their primary duties. • Sheriff’s Department
o Additional Sheriff’s Department staffing at the Fairgrounds for law enforcement during the Fair and races, paid for by the 22nd District Agricultural Association. o Strategic approach to crime prevention in the Del Mar community related to the Fairgrounds visitors in the community and beach visitors. This includes special deployments (using overtime) to address community concerns as they arise and preventative measures.
o Increased attention to preventing vehicle burglaries and thefts, including special details and surveillance.
o Targeted traffic enforcement in beach area, downtown, and near the Fairgrounds.
Increased DUI enforcement in bar areas. Education and enforcement details on bicyclists causing traffic concerns. Continue use of the motorcycle officer for traffic enforcement.
o Outreach and coordination with local hotel owners/managers to address prolific offenders and identify probation offenders that may reside in the hotels, with the goal of preventing local crimes, including thefts and narcotic transactions. o More extensive, concerted effort related to probation checks for seasonal visitors/employees related to the Fair and Races.
o Proactive, strategic approach to graffiti prevention and enforcement. 5 May 15, 2023 Item 04
ATTACHMENT A
o Increased public education efforts on personal summer safety preparations and crime prevention tips for residents and businesses.
o Strategic deployment of Senior Volunteer Patrol to conduct extra patrols in identified “hot areas” and to help disseminate information to Del Mar citizens regarding safety concerns, crime trends, and how to avoid being a victim.
FIRE DEPARTMENT
• Fire Department participates in safety pre-planning coordination with other agencies related to the Fair and Races.
• Assessment of Crest Canyon Evacuation Plan to ensure that the plan still appropriately assists with guiding the City and residents in the event of the need to evacuate during a fire or natural disaster.
• On designated peak days (e.g., July 4, opening day at racetrack), an additional fire resource is staffed closer to the central area of the City. • Reposition the fire apparatus, as needed, on peak days, such as the first day of the race season, so it is more ready for deployment under the traffic conditions. • Position an extra ambulance crew at the Fairgrounds.
• Training and other non-emergency events are scheduled off-peak hours. • Proactive communication with bars/restaurants regarding occupant loads. • Wildfire Preparation and Response
o All fire suppression personnel attend a mandatory wildland fire refresher course. o Fire Department revisits and reviews procedures for wildland fire response for local and regional assignments.
o The City of Del Mar Fire personnel attend regional wildfire training schools, such as the County Wildland Drill, Camp Pendleton Fire School, and annual refresher training.
o During “Red Flag” days, staffing is increased or a call-in list for staffing is prepared.
o Ensure that all wildland firefighting tools are well-stocked (e.g., hoses, radio batteries, water, other tools, and equipment)
o Complete the Wildland Urban Interface inspection program within Del Mar. o Provide free disposal bins for residents to clear the brush from their property during one two-week period in the summer of each year.
o As needed, staffing schedules are adjusted to accommodate the need to send a strike team to a major fire in another geographic area outside of Del Mar as part of fire service mutual aid.
o Participate in regional wildland fire suppression exercises, as needed. • Increased public education efforts on topics such as drowning prevention, not leaving babies and pets in cars, and brush clearance around homes. • Schedule staff vacations to ensure maximum staff coverage due to activities at the Fairgrounds.
PUBLIC WORKS
• Pre-Summer Preparations
Prior to the start of summer (Memorial Day Weekend), Public Works employees:
o Refresh red curb paint and signage;
o Complete annual Sidewalk Trip Hazard Elimination Program; o Coordinate arrangements for any special events scheduled for summertime, including:
▪ Portable restrooms (delivery and removal);
6 May 15, 2023 Item 04
ATTACHMENT A
▪ Delivery of dumpsters for trash and recycling;
▪ Schedule staffing for special events;
▪ Staffing assists with set-up and break-down the day of the event; and ▪ Coordinate arrangements with event sponsor (e.g. Del Mar Foundation). • Beach Maintenance Staffing
During winter, the Public Works Beach Maintenance staff consists of one two crew members working eight hours per day weekly. During the summer, Beach Maintenance staffing expands to three members working 8-hour offset shifts daily. Coverage hours gradually expand in coordination with sunset times from 6:00 A.M. to 4:30 P.M. in the winter to 6:00 A.M. to 7:30 P.M. daily during the summer peak. • Beach Cleaning
Increased frequency of beach cleaning from twice per week during the spring to four times per week in the peak of summer (Monday through Friday). Cleaning is to be completed prior to 9:00 A.M. in order to minimize impacts on beach attendees and to maximize ability to clean before the beach is too crowded. Availability is based on tide schedule and access.
• Additional Trash and Recycling Receptacles
Input from citizens has led to the placement of additional trash and recycling receptacles in recent years at street ends in the Beach Colony that contend with a large amount of visitor-generated trash. Select high-use locations, including streets and gutters, are also monitored and receive additional service from staff, as needed. • Restroom Attendant for Powerhouse and Beach Safety Center Additional cleaning and sanitation is provided at the Powerhouse, 17th Street Beach Safety Center, and 25th Street restrooms from late May through September. The City contracts with a third-part janitorial service provider to provide cleaning staff beginning weekends in late May before expanding to a daily presence during the summer peak. The beach attendant typically starts at 2:00 P.M. and is onsite through 8:00 P.M., which augments City staff that provide service between 6:00 A.M. and 2:00 P.M. • Wastewater System Preparations for Increased Summer Flows In preparation for peak wastewater flows during summer months, the Public Works Department ensures that the 21st Street Sewer Pump Station wet well and force main are cleaned and emptied at regular intervals. Sand is cleaned out of the system is maintained at a high-level of efficiency to blockages clogs or other issues. • Summer Duties for Public Works Utilities and Operations Staff o Public Works crews are scheduled with daily assignments related to dealing with the large influx of visitors. One example is citywide right-of-way vegetation clearing along paths, sidewalks, and bike lanes.
o During the summer, there is an increase in service calls related to the large influx of visitors, especially for repairs of beach restrooms, showers, and drinking fountains.
o Additional time is spent conducting water quality testing since high temperatures can cause chemical reactions that require staff to maintain extra vigilance in monitoring the City’s drinking water quality.
o When there are scheduled large bicycling and marathon-type events passing through the City, Public Works crews drive along the bike lanes and sidewalks and check for trip hazards to repair prior to the events.
7 May 15, 2023 Item 04
ATTACHMENT A
o Coordination with Planning on processing of the 22nd District Agricultural Association encroachment permit for on-street traffic control for the Fair and Races.
• Preparations for 4th of July Weekend
o Schedule additional Public Works staffing for the weekend, as well as request overtime Sheriff’s Department staffing for the weekend. o Structure work schedules for Lifeguards, Parking Enforcement, Beach & Community Patrol Officers, Beach Maintenance staff, and restroom attendant to maximize coverage when necessary, during the holiday weekend. o Coordinate delivery/pick-up of portable restrooms at the street ends for the weekend and plan for additional street sweeping following the holiday weekend. o Considering placement of “no parking” signs in areas that attract fireworks viewers, pending confirmation of Fairgrounds’ fireworks plans.
PREPARATIONS FOR FAIRGROUNDS ACTIVITIES
• Traffic Control for the Fair
o Staff recently reviewed and approved the Traffic Control Permit for the 2023 Fair operations.
• Preparations for Opening Day of the Del Mar Thoroughbred Club Summer Race Meet
o Staff received approval for an additional Sheriff’s Department Deputy (funded by the Del Mar Thoroughbred Club) for deployment in the vicinity of 15th Street and Camino Del Mar in the afternoon and evening of Opening Day, July 21. 8 May 15, 2023 Item 04
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
CLOSED SESSION
MAY 1, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
CALL TO ORDER
Mayor Martinez called the meeting to order at 3:45 P.M.
ROLL CALL
Present: Mayor Tracy Martinez; Deputy Mayor Dan Quirk; Councilmembers Dave Druker, Terry Gaasterland and Dwight Worden
CLOSED SESSION
A. Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: One
Description: Potential liabilities related to implementation of Senate Bill 9 Authority: Government Code Section 54956.9(b)
Reportable Action: None.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 4:22 P.M.
Nestor Machado, Acting City Clerk
1 May 15, 2023 Item 05
CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
MAY 1, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.
CALL TO ORDER
Mayor Martinez called the Regular Meeting to order at 4:34 p.m.
ROLL CALL
Present: Mayor Tracy Martinez; Deputy Mayor Dan Quirk; Councilmembers Dave Druker, Terry Gaasterland, and Dwight Worden
CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that there were no recusals or reportable action for the May 1, 2023, City Council Closed Session meeting.
PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Martinez opened Public Oral Communications and the following people spoke:
1) Camilla Rang
2) Sherryl Parks
3) Peggy Walker
4) Suren Dutia
Mayor Martinez closed Public Oral Communications to public comment.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Worden reported on the Del Mar community cleanup event; annual lagoon report from Southern California Edison; Del Mar Community Connections ice cream social event; and League of California Cities presentation on the influence of military retirees and their families’ contribution to the economy. Councilmember Gaasterland reported on the Encinitas at-grade pedestrian crossing in Leucadia. Mayor Martinez reported on the upcoming Del Mar Rotary Club event and Chili & Quackers event.
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May 1, 2023
CITY MANAGER’S REPORT
City Manager Ashley Jones announced upcoming Council Budget Workshop dates of May 30 and 31.
CONSENT CALENDAR
Acting City Clerk, Nestor Machado read the titles of the items included on the Consent Calendar.
There were no public speakers for the consent calendar items.
IT WAS MOVED BY COUNCILMEMER WORDEN, SECONDED BY COUNCILMEMBER GAASTERLAND TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 5. (VOTE 5-0) Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
ITEM 1: APPROVAL OF MINUTES: APRIL 17, 2023, REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED MAY 1, 2023 (CLERK’S FILE NO. 201- 3)
Council approved the list of demands, on consent.
ITEM 3: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
ITEM 4: AMENDMENTS TO THE CITY’S PERSONNEL RULES AND REGULATIONS MANUAL (CLERK’S FILE NO. 501-2, 503-1)
Council adopted Resolution 2023 -13, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING THE CITY’S PERSONNEL RULES AND REGULATIONS MANUAL”, to comply with changes to state legislation and to update step advancement procedures, on consent.
ITEM 5: AGREEMENT WITH HF&H CONSULTANTS FOR WATER AND WASTEWATER UTILITY RATE STUDIES (CLERK’S FILE NO. 406-1, 906-2, 907-4) Council approved a professional services agreement (Agreement) with HF&H Consultants, LLC (HF&H) for Water and Wastewater Utility Rate Studies; authorized the City Manager to execute the Agreement and any necessary documents; and amended the Fiscal Year 2022-2023 Operating and Capital Budget allocating a combined total of $100,000 from the Water and Wastewater Enterprise Fund in accordance with the Fiscal Impact section of the agenda report, on consent.
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May 1, 2023
CITY COUNCIL OTHER BUSINESS
ITEM 6: DEL MAR CIVIC CENTER PUBLIC ART PLACEMENT UPDATE (CLERK’S FILE NO. 103-4, 1202-5)
An introduction to the item was provided by City Manager Ashley Jones. A presentation was provided by Chair of the Arts Advisory Committee Bonnie Grossman.
Mayor Martinez opened the item to public comment and the following people spoke:
1) Hylton Lonstein
2) Karla Leopold
3) Juliana Maxey-Allison
4) Marc Brutten
5) Laura DeMarco
6) Camilla Rang
Mayor Martinez closed the item to public comment.
Council discussion and questions focused on feedback provided by the Del Mar Civic Center architect; public comment period; public outreach plan including online and print survey, Town Hall outreach event, story poles installation on the proposed site, dedicated website page, and information in the Del Mar Weekly; insurance/liability implications; site preparation and potential security requirements; anticipated staff time required for the project; fiberglass maintenance requirements; survey questions; design review; history of placement of permanent art in the City; divisive and time-consuming process; and support for continued exploration of temporary art placement in community.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY DEPUTY MAYOR QUIRK TO NO LONGER CONTINUE WITH THE PROCESS OF PLACING PERMANENT ART AT CITY HALL. (VOTE 3-2 WITH COUNCILMEMBERS DRUKER AND WORDEN OPPOSED) Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmember Gaasterland; Noes:
Councilmembers Druker and Worden; Absent: 0; Abstain: 0.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the Traffic and Parking Advisory Committee; Lagoon Committee; League of California Cities – Coastal Cities Group; SANDAG Shoreline Preservation Working Group; Human Resources Subcommittee; San Diego Association of Governments Board (SANDAG); Housing Subcommittee; Undergrounding Project Advisory Committee; North County Transit District (NCTD); San Diego County Water Authority; CSA-17 Ambulance District Advisory Board; League of California Cities – San Diego Chapter; Parks and Recreation Committee; and San Dieguito River Valley Regional Open Space Park JPA–Executive Committee.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 7:16 p.m.
Nestor Machado, Acting City Clerk
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Jon Edelbrock, Director of Community Services and Chief Lifeguard Via Ashley Jones, City Manager
DATE: May 15, 2023
SUBJECT: Approval of Agreement for Animal Control and Shelter Services REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Approve a professional services agreement with the San Diego Humane Society (Attachment A) to provide animal control and shelter services for an initial five-year period beginning July 1, 2023; and 2) Authorize the City Manager to execute the agreement.
DISCUSSION/ANALYSIS:
The San Diego Humane Society (SDHS) has provided animal control and shelter services for the City of Del Mar (City) since July 1, 2018. These services include the shelter and care of dogs, cats, and other domesticated animals; enforcement of animal laws and public protection; and additional community outreach and engagement services, such as adoption events, pet education classes, and provision of low-cost services like spay/neutering, microchipping and vaccinations.
The City Council authorized execution of the first agreement with SDHS on May 7, 2018, after the City’s previous service provider, the County of San Diego Department of Animal Services, issued a notice to the City (and others in the County of San Diego) terminating services. The initial term of the agreement was for a period of three years with the option to extend the agreement for two one-year periods. On May 17, 2021, and May 16, 2022, the City Council authorized the City Manager to execute two separate extensions for oneyear terms. With the two one-year term options exhausted, the contract is set to expire on June 30, 2023.
In March 2023, staff reached out to the cities of San Diego, Solana Beach, and Encinitas to inquire as to whether SDHS would remain their service provider. Collectively, all four cities (including Del Mar) determined that SDHS is the only viable provider with the specialized professional qualifications necessary to provide animal control and shelter services in the County and is also willing to provide such services. This is further evidenced by the fact that the City of San Diego issued a Request for Information (RFI) 1 May 15, 2023 Item 08
City Council Agenda Report
Contact for Animal Control and Shelter Services
May 15, 2023
on October 20, 2022, to determine if there were other capable and willing service providers in the region. SDHS was the only respondent to the RFI.
Based on the lack of other qualified providers and the City’s inability to provide the required services in-house, staff decided to forgo the City’s standard procurement requirements and negotiate directly with SDHS (as the City did in 2018). This is allowed under Section 7.04.090(O) of the City’s Municipal Code, which provides an exemption from competitive procurement for “situations where solicitations of bids or proposals for goods, services and/or professional services would be, in the discretion of the awarding authority, impractical, unavailing, impossible, or not in the best interests of the City.” Further, the City’s experience with SDHS during the previous agreements has been highly satisfactory with effective delivery of services.
For Fiscal Year (FY) 2022-23, the City compensated SDHS $42,966 for animal control and shelter services. The proposed compensation for year one under the new agreement (FY 2023-2024) would be $48,576 with an additional one-time initial payment of $2,025 for radio communication infrastructure which will enable replacement and upgrades of hardware, software, and radios used by dispatch staff and officers in the field. The increase from FY 2022-23 to FY 2023-24 reflects a 13% increase. Increases during the previous five years of the agreement ranged between 2-5% annually.
For future years of the agreement after year one, the formula for calculating the City’s costs would be based on actual historical expenses adjusted for expected changes in the upcoming contract year. By March 31 of each year of the agreement, SDHS will provide the City with a breakdown of the total compensation figure. The total compensation figure will be broken down by the types of expenses required in providing services to the City.
Should the projected increase be greater than 3%, SDHS is required to notify the City by January 31st, prior to the upcoming contract year starting on the following July 1st , in order to minimize unexpected year over year fluctuations. Attachment B includes updated fees for SDHS services such as animal adoption, dog licensing, medical services, and more, that will adjust on July 1, 2023. The attachment is included only as a reference and no Council action needs to be taken.
Either party can terminate the agreement with or without cause by providing the other party with one-year prior written notice.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item. Funds for animal control and shelter services will be included in Fiscal Year 2023-2024 and Fiscal Year 2024-2025 operating and capital 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 2 May 15, 2023 Item 08
City Council Agenda Report
Contact for Animal Control and Shelter Services
May 15, 2023
environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and is not included in the City Council’s list of Goals & Priorities.
ATTACHMENTS:
Attachment A – San Diego Humane Society Service Agreement Attachment B – Animal Service Fees
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ATTACHMENT A
ANIMALSERVICES AGREEMENT
BETWEEN THE CITY OF DEL MAR AND SAN DIEGO HUMAN SOCIETY AND S.P.C.A.
This Animal Services Agreement ("Agreement") is entered into effective the 1st day of July, 2023 ("Effective Date") by and between the CITY OF DEL MAR, a Charter City and a municipal corporation (the "CITY") and the SAN DIEGO HUMANE SOCIETY AND S.P.C.A., a California nonprofit corporation ("SDHS") (collectively, the "Parties").
This Agreement is made with reference to the following recitals.
RECITALS
A. On July 1, 2018, SDHS began providing animal care and control services to the CITY.
B. It has been determined to be in the CITY's best interest to retain specialized, professional services to provide animal control and sheltering services since the CITY does not provide such services.
C. The CITY desires to contract with SDHS as an independent contractor and SDHS desires to provide services to the CITY as an independent contractor.
D. SDHS personnel have demonstrated their competence and professional qualifications necessary for the satisfactory performance of the services designated herein by virtue of their experience, training, education and expertise.
E. The purpose of this Agreement is to ensure the proper, humane and efficient handling, ownership, treatment and disposition of dogs, cats and other domesticated animals, and to ensure the enforcement of laws, ordinances and regulations of the State of California and of the CITY concerning the regulation, licensing, impounding and disposition of dogs, cats and other domestic animals within the CITY.
NOW THEREFORE, in consideration of the covenants, conditions and terms set forth herein, the parties agree as follows:
1.0 SCOPE OF SERVICES. SDHS shall provide animal sheltering and animal field services required by and in accordance with the laws, regulations, ordinances and codes of the State of California, the County of San Diego, and the CITY as further specified by this Agreement. The Services to be performed by SDHS pursuant to the terms and conditions of this Agreement shall consist of the Services enumerated below.
In addition to those Services identified below, SDHS may routinely provide the CITY with the additional "Community Engagement and Services" outlined in Exhibit A, attached hereto and incorporated by reference, without an additional cost. Exhibit A is subject to modification at SDHS's discretion based on resources and capacity; however, any modifications will be communicated to the CITY in advance. 4 May 15, 2023 Item 08
ATTACHMENT A
1.1. Animal Sheltering. SDHS shall provide the CITY with animal shelter services consistent with public shelter functions to received and care for all dogs, cats and other domestic animals seized or impounded by Animal Field Services or delivered by members of the public, provide humane disposition of animals, euthanizing, if warranted, and disposing of euthanized animals and deceased animals brought in by CITY residents. More specifically, SDHS shall maintain animal shelters at 2905 San Luis Rey Road,572 Airport Road, Oceanside, California, 3500 Burnet Drive, Escondido, California, 1373 N. Marshall Avenue, El Cajon, California, and 5480 and 5500 Gaines Street, San Diego, California (collectively, the "Shelter"), which shall be open for public service and operation during reasonable days and hours of operation similar to other such facilities within the County of San Diego ("County"), and which shall comply with the standards described by the laws of the State of California, and the ordinances of the County and the CITY. Such animal shelter services shall include:
a. The housing and care of stray domestic animals for the legal hold period according to the laws of the State of California, and the ordinances of the County and the CITY.
b. The housing and care for domestic animals under rabies quarantine for the legal hold period according to the laws of the State of California and the ordinances of the County and the CITY.
c. Housing and care for police and animal cruelty holds for a minimum of fourteen (14) days.
d. Providing lost and found opportunities for the public for domestic animals brought to the Shelter.
1.2. Animal Sheltering Criteria. SDHS animal sheltering Services shall include:
a. Feed, care for, and the disposition of all animals coming into the possession of SDHS using safe and humane methods in accordance with the State of California laws and the ordinances of the County and the CITY. b. Assume all expenses to maintain and operate the Shelter and properly care for the animals.
c. Manage the dog license program within the CITY to include:
i. Maintaining files including current and expired dog license and the owners who live within the CITY for the past three (3) years. 5 May 15, 2023 Item 08
ATTACHMENT A
ii. Issuing or causing to be issued new and renewed licenses to dog license applicants within the CITY.
iii. Issuing or causing to be issued, when appropriate, Service Dog Licenses within the CITY.
iv. Issuing or causing to be issued, when appropriate, Dangerous Dog licenses within the CITY.
v. Conducting follow-up enforcement of licensing and rabies vaccinations within the CITY.
1.3. Animal Field Services. SDHS shall humanely and efficiently enforce all applicable animal field service laws, regulations, ordinances and codes of the CITY (and any County laws, regulations and ordinances as adopted by the CITY) pertaining to animal field services with respect to the scope of work set forth below. SDHS shall provide the CITY with the following animal field services in response to complaints generated by the public, law enforcement and the CITY:
a. Investigation and enforcement of animal cruelty laws and related activities.
b. Picking up and caring for injured domestic animals.
c. Addressing dangerous domestic animal situations.
d. Monitoring and responding to bites and enforcing rabies quarantine requirements.
e. Investigation and enforcement of vicious or dangerous dog complaints and activities associated therewith.
f. Patrolling and impounding stray dogs running at large. g. Picking up and caring for stray and abandoned domestic animals contained by citizens and found within the City limits. h. Assist with enforcement of local laws related to off-leash dogs and dogs on leash in public places.
i. Picking up and rehabilitating or humanely euthanizing injured wildlife. 6 May 15, 2023 Item 08
ATTACHMENT A
j. Responding to and investigating barking dog complaints.
1.4. Animal Field Services Requirements. SDHS animal field service requirements include:
a. SDHS shall perform the Services in accordance with all laws and regulations applicable to the CITY.
b. SDHS shall provide daily the appropriate number of Humane Officer(s) (as defined below) and an animal containment vehicle(s) and equipment for the performance of animal field services.
c. SDHS shall humanely and efficiently enforce all laws of the State of California, the· County, and the CITY pertaining to animal field services that are within the scope of SDHS's obligations under this Agreement. In the event that new laws enacted after the Effective Date of this Agreement would require increased services by SDHS, t h e c o s t f o r such additional services shall be first communicated to the CITY in advance upon written notice and then added to the projected costs for the year immediately following enactment and billed accordingly.
d. SDHS Humane Officers (as defined below) and duly trained license coordinators are authorized to issue criminal and/or administrative citations for violations of CITY animal field service laws, and to issue notices as provided by law. SDHS's Humane Officers (as defined below) shall prepare appropriate reports concerning violations, file such reports with the applicable authority when necessary, and stand ready and available to testify in a court or administrative hearing when called upon to do so concerning such violations. e. SDHS shall respond to calls for animal field services between the hours of 8:00 a.m. to 7:00 p.m. daily ("Field Service Hours"). Based on the priority of the call, SDHS will respond within the times included in Exhibit B attached hereto and incorporated herein by reference. Exhibit B is subject to reasonable change at SDHS's discretion and upon written notice to the CITY. SDHS may increase service levels and expand Field Service Hours based on service call volume and community need in consultation with the CITY.
f. SDHS will respond to calls for service outside of Field Service Hours.
After-hours duty officer(s) will provide emergency responses to Priority One calls during non-Field Service Hours. SDHS may increase service levels based on service call volume and community need. "Priority One" calls are defined as a prompt, essential emergency response for the following:
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ATTACHMENT A
i. Any law enforcement agency requesting immediate emergency assistance.
ii. Animal bite where the domestic animal continues to pose an immediate threat, bite injury is to the head, or the bite injury can be considered severe.
iii. Any act of cruelty and/or neglect to animals that is in progress or which places an animal in imminent danger.
iv. Any domestic animal either known to be dangerous or vicious by previous determination in an administrative hearing or one that is perceived to be an immediate threat or menacing those individuals reporting the event.
v. Any live domestic animal, which is presenting an immediate hazard to humans, such as a live domestic animal in traffic lanes of a major thoroughfare or highway.
vi. Any domestic animal that is sick, injured and in immediate danger.
2.0 SDHS PERSONNEL. SDHS shall employ appropriate personnel and staff to assist and carry out its duties and obligations of this Agreement.
2.1. Humane Officers. SDHS shall have at all times during the term of this Agreement a reasonable number of Humane Officers qualified under California Corporations Code section 14502 and California Penal Code section 830.9 capable of performing and enforcing the provisions of the CITY ordinance related to domestic animals. They shall not carry firearms in the performance of their duties but may carry non-lethal weapons. Each Humane Officer shall complete within one (1) year of date of hire or internal transfer a course in training related to the exercise of his/her powers, which course shall meet the minimum standards prescribed by the Commission on Peace Officer Standards and Training and the State Humane Association of California.
2.2. Performance Standards. SDHS agents and employees shall treat the public with courtesy and respect at all times in performing all duties and obligations under this Agreement.
2.3. Compliance with Laws. SDHS shall comply with personnel policies and procedures that conform to federal and state laws with respect to hiring and firing practices.
3.0 OBLIGATIONS OF THE CITY. The CITY shall provide the following to 8 May 15, 2023 Item 08
ATTACHMENT A
assist SDHS in performing required animal control functions under this Agreement.
3.1. CITY will provide training on specific CITY processes and other municipal techniques that humane officers may be expected to carry out.
3.2. The CITY shall endeavor to work with SDHS in support of the licensing programs geared towards increased compliance, higher return owner rates, reduction in the number of animals needing housing care, and protecting residents against dangerous and/or vicious dogs and habitual offenders of animal laws.
3.3. The CITY shall endeavor to work with SDHS in support of educating the community about SDHS programs including but not limited to lost and found, adoption, intake diversion, and community support services.
4.0 REPORTS AND RECORDS.
4.1. Quarterly Reports. SDHS shall prepare quarterly reports to the CITY which shall provide the following information: (i) animal shelter operations (as it pertains to the Agreement), including the number of stray animals impounded and their disposition); (ii) all administrative or criminal citations processed; and (iii) animal field service activities including the number and type of incidents or reports investigated.
4.2. Governmental Reports. Should the CITY be required to furnish information to any other government agency, SDHS agrees to timely provide information that the CITY may need to meet such request as long as the request is within the scope of this Agreement.
4.3. Annual Reports. By no later than sixty (60) days following the end of each fiscal year, SDHS shall provide an annual report to the CITY with the information required by Section 4.1 for the preceding year.
4.4. Record Retention. All records and information required to be kept by SDHS pursuant to this Agreement shall be kept in accordance with applicable record retention schedules or three (3) years, whichever is longer.
5.0 COMPLIANCE WITH LAWS. All work by SDHS shall be performed in accordance with applicable city, state and federal laws, statutes and regulations.
6.0 LICENSE, PERMITS. ETC. SDHS represents and declares to CITY that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. SDHS represents and warrants to CITY that SDHS shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for SDHS to practice its profession. SDHS shall obtain and maintain a CITY business license during 9 May 15, 2023 Item 08
ATTACHMENT A
the term of this Agreement, if required.
7.0 INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, SDHS, any employees of SDHS and any subcontractors employed by SDHS shall be an independent contractor and shall not be an employee of the CITY.
The CITY shall have the right to control SDHS only insofar as the results of SDHS's Services rendered pursuant to this Agreement; however, the CITY shall not have the right to control the means by which SDHS accomplishes its Services.
Neither SDHS nor SDHS's employees shall in any event be entitled to any benefits to which CITY employees are entitled, including, but not limited to, overtime, any retirement benefits, workers' compensation benefits, any injury leave or other leave benefits, SDHS being solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.
8.0 WORKERS' COMPENSATION. Pursuant to California Labor Code section 1861, SDHS hereby certifies that SDHS is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and SDHS will comply with such provisions, and certification of proof of compliance as a part of this Agreement.
9.0 NO CONFLICT OF INTEREST. SDHS shall not enter into any other contract which conflicts with its obligations under this Agreement. For the limited purpose of interpreting this section, SDHS shall be deemed a "city officer or employee," and this section shall be interpreted in accordance with the California Government Code section 1090.
10.0 OWNERSHIP OF DOCUMENTS.
10.1. Reports and documents prepared or provided by SDHS under this Agreement shall be the property of the CITY. The CITY agrees to hold SDHS free and harmless from any claim arising from any use, other than the purpose intended, of the reports and documents, prepared or provided by SDHS. SDHS may retain a copy of all materials produced under this Agreement for the purpose of documenting their participation in this Agreement.
10.2. Animal license information and data, including, but not limited to, animal owner identification and address, animal name, description, license type and expiration date, are the property of the CITY and must be presented to the CITY in any reasonable document and computer format requested in writing by the CITY. All such information 10 May 15, 2023 Item 08
ATTACHMENT A
must be provided to the CITY within thirty (30) days of the CITY's request.
11.0 COMPENSATION. SDHS shall receive the following compensation for the performance of the Services.
11.1. Payments by the CITY. The CITY shall make payments to SDHS as follows:
For the first twelve (12) month term of this Agreement, "Year 1 Compensation" (July 1, 2023 through June 30, 2024), compensation shall be $48,576, or $4,048 per month for each month, with an additional one-time initial payment of $2,025.
11.2. Formula to Calculate Payments by the CITY. For future years of the contract after Year 1, the formula in calculating payments by the CITY for services provided by SDHS shall be based on projected costs for service and:
a. SDHS will project the costs required to provide animal control, licensing and sheltering services to all the cities under contract with SDHS. SDHS will project costs based on actual historical expenses, adjusted for expected changes in the upcoming contract year. SDHS will track historical statistics by each city under contract with SDHS and will use those statistics to allocate the projected costs to the CITY. The nature of the statistics tracked by SDHS may include, but are not limited to, Animal Intake, Animal Days Sheltered by SDHS, vet provided services, licenses issued and services provided by Humane Law Enforcement Officers. SDHS will also factor in any additional services requested by the CITY that are unique to that CITY and requires additional costs to SDHS.
b. By March 31st of each year, SDHS will provide the CITY with a budget packet to include their compensation cost to SDHS. SDHS will provide to the CITY a breakdown of the total compensation figure by the types of expenses required in providing services to the CITY. SDHS will provide explanations for changes in compensation not related to changes in CPI. The budget packet will include a form, for the CITY to sign and return to SDHS, acknowledging the compensation amount for the upcoming year.
c. In order to minimize unexpected year over year fluctuations in compensation required by the CITY, SDHS is required to communicate to the CITY any annual projected increase that exceeds CPI by 3% by January 31st for the upcoming contract year starting on the following July 1st.
11.3. Other Revenue. SDHS shall be entitled to retain as compensation for the Services:
a. All reasonable user fees, service charges and proceeds collected by SDHS in connection with licensing, impounds, and redemption of domestic 11 May 15, 2023 Item 08
ATTACHMENT A
animals from the Shelter;
b. Any fines received by SDHS or the CITY arising out of any administrative citations issued by Humane Officers; and
c. Any other non-citation related revenue generated as a result of this Agreement. All user fees and service charges shall not exceed the reasonable cost of providing the service.
12.0 DISASTER RELIEF SERVICES. SDHS shall be designated the "Essential Support Function/Official Responder'' with respect to any disaster to which the CITY is included within the disaster area designated by a governmental agency. SDHS may invoice the CITY for any costs and expenses, including staff overtime and equipment purchases and rentals, incurred by SDHS with respect to additional services provided by SDHS in connection with any disaster relief effort and which are eligible for reimbursement to Federal Emergency Management Agency ("FEMA") Disaster Assistance Policy 9523.19 or any successor disaster assistance policy promulgated by FEMA. The CITY shall promptly reimburse SDHS for such costs and expenses, provided the CITY has received reimbursements from FEMA. SDHS shall provide any available supporting documentation requested by the CITY for any funding or reimbursement request regarding the disaster that is made to any governmental agency. SDHS may also bill for disaster response such as deployment of the Specialized Disaster Response Emergency Team, large and small animal evacuation, and large and small animal sheltering if the CITY has requested assistance.
13.0 TERM AND TERMINATION.
13.1. Term. The term of this Agreement shall be for the period of sixty (60) months commencing on July 1, 2023, and terminating on June 30, 2028.
13.2. Mutually Agreed Extension. Following the expiration of the initial term of this Agreement, SDHS and CITY may extend this Agreement for an additional two (2) year period with any necessary revisions under the written consent of both Parties.
13.3. Administrative Extension. Upon the expiration of the term of this Agreement, the Parties retain the right to extend the Agreement for a period of 120 days in order to finalize a new Agreement.
13.4. Termination for Convenience. Either party shall have the right to terminate this Agreement, with or without cause, by providing the other party with one (1) year prior written notice.
13.5. Termination for Cause. At any time during the term of this Agreement, in case of material breach of this Agreement by either party, the non-breaching party shall have the right to terminate this Agreement by giving the breaching party written notice of 12 May 15, 2023 Item 08
ATTACHMENT A
such breach and demanding that such breach be cured within sixty (60) days (or in the case of defaults in payment of monetary amounts due which are certain in amount and undisputed, ten [1O] days) and, if such breach has not been cured at the end of such period(s), this Agreement shall terminate without the necessity of any party taking any further action. In the event a longer notice or cure period is required by applicable law, the cure period specified in this section or the effective date of termination shall conform to, but not exceed, such requirement.
13.6. Compensation Payable Upon Termination. In the event this Agreement is terminated pursuant to either Section 13.3 or 13.4, so long as SDHS has been providing the services specified herein, SDHS shall be entitled to receive the compensation and fees accrued through the effective date of termination.
14.0 INDEMNIFICATION. To the fullest extent permitted by law, SDHS shall indemnify, defend, and hold harmless the CITY, and its officers, officials, agents and employees from any and all claims, demands, costs or liability that arise out of, pertain to, or relate to any act or omission by SDHS in the performance of Services under this Agreement, and the negligence, recklessness, or willful misconduct of SDHS, its employees, agents, and subcontractors in the performance of Services under this Agreement. SDHS's duty to indemnify under this Section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the active or sole negligence or willful misconduct by the CITY or its elected officials, officers, agents, and employees. SDHS's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorneys' fees, costs or expense CITY incurs or makes to or on behalf of an injured employee under the CITY's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this Section, and that this section will survive the expiration or early termination of this Agreement for a period of two (2) years.
15.0 INSURANCE. SDHS shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the SDHS, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best's rating of no less than "A" and "VII" unless otherwise approved in writing by the CITY's Risk Manager.
15.1. SDHS's liabilities, including but not limited to SDHS's indemnity obligations, under Section 14 of this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. Maintenance of specified insurance coverage is a material element of this Agreement.
15.2. Types and Amounts Required. SDHS shall maintain, at minimum, the following insurance coverages for the duration of this Agreement:
13 May 15, 2023 Item 08
ATTACHMENT A
a. Excess/Umbrella Liability Policy. SDHS shall maintain an Excess/Umbrella Liability Policy with an aggregate limit of not less than Ten Million Dollars ($10,000,000).
b. Commercial General Liability ("CGL'). SDHS shall maintain CGL Insurance written on an ISO Occurrence form or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
c. Commercial Automobile Liability. SDHS shall maintain Commercial Automobile Liability Insurance for all of the SDHS's automobiles including owned, hired and non-owned automobiles, written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $1,000,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).
d. Workers' Compensation. SDHS shall maintain Workers' Compensation insurance for all of the SDHS's employees who are subject to this Agreement and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage. SDHS shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives.
15.3. Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:
a. The CITY, its officers, officials, employees, and representatives shall be named as additional insureds. The CITY's additional insured status must be reflected on additional insured endorsement form which shall be submitted to the CITY.
b. The policies are primary and non-contributory to any insurance that may be carried by the CITY, as reflected in an endorsement which shall be submitted to the CITY.
15.4. Verification of Coverage. SDHS shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this Section
15. The endorsement should be on forms provided by the CITY or on other than the 14 May 15, 2023 Item 08
ATTACHMENT A
CITY's forms provided those endorsements conform to CITY requirements. All certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
15.5. Subcontractor Coverage. SDHS shall also require each of its subcontractors to maintain insurance coverage that meets all the requirements of this Agreement.
15.6. CITY Options. SDHS agrees that if it does not keep the aforesaid insurance in full force and effect, the CITY may either: (i) despite section 13, above, immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at SDHS's expense, the premium thereon.
16.0 CUSTOMARY SERVICES. SDHS shall be permitted without the CITY's prior written consent to enter into agreements with third party providers of services that are customary in the industry to assist SDHS to carry out its day-to-day operations.
17.0 NON-DISCRIMINATION. SDHS shall not discriminate against any employee or applicant for employment because of sex, race, color, age, religion, ancestry, national origin, disability, military or veteran status, medical condition, genetic information, gender expression, marital status, or sexual orientation. SDHS shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their sex, race, color, age, religion, ancestry, national origin, disability, military or veteran status, medical condition, genetic information, gender expression, marital status, or sexual orientation and shall make reasonable accommodation to qualified individuals with disabilities or medical conditions.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship.
SDHS agrees to post·in conspicuous places available to employees, contractors, agents and/or applicants for employment any non-discrimination notices required by law and any non-discrimination notices provided by CITY setting forth the provisions of this nondiscrimination clause.
18.0 GENERAL PROVISIONS.
18.1. Entire Agreement. This Agreement comprises the entire agreement between the CITY and SDHS concerning the Services, and supersedes all prior negotiations, representations or agreements.
18.2. Notices. Any notices given under this Agreement shall be in writing and 15 May 15, 2023 Item 08
ATTACHMENT A
shall be served either: (i) by hand delivery; (ii) by U.S. mail, postage prepaid, registered or certified mail, return receipt requested; or (iii) by transmittal over an electronic transmitting device (with confirmation of receipt), such as facsimile or email, provided that a complete copy of any notice so transmitted shall also be mailed by U.S. mail.
Notices shall be deemed received at the earlier of actual receipt or three (3) days following deposit in U.S. mail, postage prepaid. From time to time the parties may designate a new address for purposes of notice hereunder by notice to the other parties hereto in the manner provided above. Initial notice addresses are as follows:
To the CITY: City of Del Mar
Attn: Community Services
1700 Coast Blvd
Del Mar, CA 92014
With a copy to: City of Del Mar
Attn: City Clerk
1050 Camino Del Mar
Del Mar, CA 92014
To SDHS: San Diego Humane Society
5500 Gaines Street
San Diego, California 92110
Attn: Julianna Tetlow, Director of Government Relations Fax: 619-299-0198
Email: [email protected]
With a copy to: Sheppard, Mullin, Richter & Hampton LLP 501 W. Broadway, 19th Floor
San Diego, California 92101
Attn: Whitney Hodges, Esq.
Email: [email protected]
18.3. Interpretation; Drafting. This Agreement shall be construed equally as against the Parties hereto and shall not be construed against the party responsible for its drafting. All prior drafts of this Agreement shall be disregarded in construing the intent of any provision contained herein or therein, and such prior drafts shall be inadmissible in any proceeding at which any such provision is to be interpreted.
18.4. Headings. The headings of the articles and sections herein are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement.
16 May 15, 2023 Item 08
ATTACHMENT A
18.5. No Third-party Beneficiaries. The covenants contained herein are made solely for the benefit of the parties hereto and successors and assigns of such parties as specified herein and shall not be construed as having been intended to benefit any third party which is not a party to this Agreement.
18.6. Severability. If any provision of this Agreement or a portion thereof is held, by a court of competent jurisdiction, to be illegal or invalid, such provision or portion thereof shall be deemed to be severed and deleted; and neither such provision, its severance or deletion shall affect the validity of the remaining provisions of this Agreement.
18.7. Modification. This Agreement may be amended, modified or rescinded only by a writing signed by all parties to this Agreement or by their duly authorized agents.
18.8. No Waiver. No waiver of any right under this Agreement shall be deemed effective unless contained in a writing signed by the party charged with such waiver, and no waiver of any right arising from any breach or failure to perform shall be deemed to be a waiver of any such
future right or of any other right arising under this Agreement.
18.9. California Law; Venue. This Agreement and its performance shall be governed, interpreted, construed, and regulated by the laws of the State of California. Any action brought to enforce or interpret any portion of this Agreement shall be brought in the County of San Diego, California.
18.10. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
17 May 15, 2023 Item 08
ATTACHMENT A
IN WITNESS WHEREOF, the Parties by and through their respective authorized officials, have executed this Agreement effective as of the date written above.
CITY OF DEL MAR SAN DIEGO HUMANE SOCIETY AND
a Charter City and a municipal corporation S.P.C.A., a California nonprofit corporation Ashley Jones, City Manager Gary Weitzman, DVM, MPH, CAWA President and CEO
ATTEST:
Nestor Machado, Acting City Clerk
18 May 15, 2023 Item 08
ATTACHMENT A
EXHIBIT A
Community Engagement and Services
In addition to those Services identified in Section 1 of the Agreement, SDHS may routinely provide the CITY with the additional "Community Engagement and Services." The services identified below be provided at no additional cost to the CITY unless otherwise specified and is subject to modification at SDHS's discretion based on resources and capacity. Such community engagement and additional services may include:
• Public education.
• Animal behavior modification program.
• Pet education classes.
• Community events.
• Affordable Community Veterinary assistance programs such as:
o Spay/Neuter Services
o General medical veterinary care – preventative and basic sick care ▪ Ear cleanings
▪ Nail Trims
▪ Bloodwork
▪ Deworming
o Wellness resources including vaccines, flea medications and education o Pharmacy services
• Vaccinations including rabies clinics
• Microchipping.
• Safety net service programs.
• Owner requested euthanasia.
19 May 15, 2023 Item 08
ATTACHMENT A
EXHIBIT B
Calls for Service - Priority Categories
Priority
Categories
Response
Time Example of Call
Priority 1 Within 30
Minutes
• Persons in Danger
• Animal in Immediate Danger Urgent Medical Care
Needed
• Animal in Secured Vehicle ("Hot Dog")
• Animal Fighting Cases
• Intentional Cruelty In-Progress Assist Public Safety
Agency
• Bite to Person (Animal Not Contained)
• Exigent Circumstances
o Gunshot
o Stabbing
o Broken Bones
o Serious Open Wounds
o Visibly Injured/frapped Animal Street Sale of Animals (after all other Priority 1 Calls are Handled)
Priority 2 Within 3
Hours
• In-Progress Incidents Not Reaching Priority 1 Bite to Person (Animal Contained – Reported within 24 Hours)
• Running-At-Large (In Progress) Abandonment
• Captured/Caged Animals/Confined Strays
Priority 3 Within 12
Hours
Intentional Cruelty (Not In-Progress)
• Non-Life-Threatening Medical Care Needed
• Non-Exigent Circumstances
o Skin Infections
o Emaciated
o Over-Grown Hooves Hoarding- No Immediate Emergency
o After-the-Fact Bite (Reported After 24 Hours)
Priority 4 Within 24
Hours
• Check the Well-Being with a Reporting Party
• No Water (Temperature Dependent)
• Emaciated (Thin or Bones Showing)
• Lead/Leash too Short
• Inadequate or No Shelter
• Event Sale of Animals (i.e., Flea Markets)
20 May 15, 2023 Item 08
ATTACHMENT A
Priority 5 Within 48
Hours
Check theWell-Being- No Reporting Party
Running-at-large (Not in Progress) Pet Shop Inspections Rodeo or Circus Inspections Kennel Inspections
21 May 15, 2023 Item 08
ATTACHMENT B
Fee Type Fee Title
SDHS Fee
Carlsbad,
Del Mar,
Encinitas,
Escondido,
Imperial
Beach,
Poway, San
Diego, San
Marcos,
Santee,
Solana
Beach
SDHS
Fee
Vista
SDHS Fee
Oceanside
SDHS
Fee El
Cajon,
La
Mesa
2023 Update
Recommendation
for all Cities
***El Cajon adopted a "Facility Maintenance Fee" which will apply to all impounds, relinquishments, and adoptions out of the El Cajon Shelter .
**Red eared slider turtles are $5.00
*The unaltered fee is inclusive of State unaltered fees Adoptions Cat $65.00 $65.00 $65.00 $65.00 $100.00
Adoptions Dog $100.00 $100.00 $100.00 $100.00 $150.00
Adoptions Kitten $130.00 $130.00 $130.00 $130.00 $150.00 Adoptions Puppy $200.00 $200.00 $200.00 $200.00 $250.00 Adoptions Rabbits,
Guineas’,
chins, large
birds, reptiles**
$30.00 $30.00 $30.00 $30.00 $30.00
Adoptions Sheep / Horse
/ Livestock $250.00 $250.00 $250.00 $250.00 $250.00
Adoptions Small birds,
mice, rats,
hamsters
$10.00 $10.00 $10.00 $10.00 $15.00
Boarding Dog, Cat,
small animal $20.00 $20.00 $20.00 $20.00 $25.00
Boarding Equine,
Bovine, large
(plus 1/2 for
1st day)
$60.00 $60.00 $60.00 $60.00 $80.00
Boarding Sheep, Goats.
Medium animal
(per day)
$25.00 $25.00 $25.00 $25.00 $30.00
Dangerous
Dog / Public
Nuisance
Annual
Renewal $25.00 $25.00 $25.00 $25.00 $30.00
Dangerous
Dog / Public
Nuisance
Initial
Registration $85.00 $85.00 $85.00 $85.00 $100.00
22 May 15, 2023 Item 08
ATTACHMENT
B
Dangerous
Dog / Public
Nuisance
Inspection $20.00 $20.00 $20.00 $20.00 $50.00
Dangerous
Dog / Public
Nuisance
Reg. Late Fee $40.00 $40.00 $40.00 $40.00 $50.00
Dangerous
Dog / Public
Nuisance
Renewal Late
Fee $15.00 $15.00 $15.00 $15.00 $50.00
Dog Licenses Adopted Dogs:
1 time exempt $0.00 $0.00 $0.00 $0.00 $0.00
Dog Licenses Altered, one
year license $18.00 $15.00 $15.00 $18.00 $20.00
Dog Licenses Altered, three
year license $45.00 $40.00 $40.00 $45.00 $50.00
Dog Licenses Altered, two
year license $33.00 N/A N/A $33.00 $35.00
Dog Licenses Change of
ownership $10.00 $10.00 $10.00 $10.00 $15.00
Dog Licenses Late fee $20.00 $20.00 $20.00 $20.00 $25.00 Dog Licenses Tag
replacement $10.00 $5.00 $5.00 $10.00 $15.00
Dog Licenses Transfer fee $10.00 $5.00 $5.00 $10.00 $15.00 Dog Licenses Unaltered, one
year license $36.00 $50.00 $50.00 $36.00 $50.00
Dog Licenses Unaltered,
three year
license
$90.00 $100.00 $150.00 $90.00 $140.00
Dog Licenses Unaltered, two
year license $66.00 N/A N/A $66.00 $90.00
Guard Dogs Operator
Permit $100.00
Guard Dogs Premise
Permit $50.00
Impounds Dog at large
2nd time $50.00 $50.00 $50.00 $53.00 $55.00
Impounds Dog at large
3rd time $75.00 $75.00 $75.00 $75.00 $100.00
Impounds Dog, Cat,
small animals $40.00 $40.00 $40.00 $40.00 $40.00
Impounds Equine,
Bovine, large
animals
$60.00 $60.00 $60.00 $63.00 $65.00
Impounds Fowl $40.00 $40.00 $40.00 $40.00 $40.00
23 May 15, 2023 Item 08
ATTACHMENT B
Impounds Sheep, Goats.
Medium
animals
$40.00 $40.00 $40.00 $40.00 $40.00
Impounds Unaltered Fee*
Dog & Cat $150.00 $150.00 $150.00 $150.00 $150.00
Kennels Deficiency
Follow-up
$40.00 $40.00 $40.00 $40.00 $50.00
Kennels Late Fee $15.00 $15.00 $15.00 $15.00 $50.00
Kennels Late Fee > 6
mos.
$50.00 $50.00 $50.00 $50.00 $100.00
Kennels License
Application $125.00 $125.00 $125.00 $125.00 $150.00
Medical
Services Cat Neuter $45.00 $45.00 $45.00 $45.00 $65.00
Medical
Services
Cat
Cryptorchid
Neuter
$65.00 $65.00 $65.00 $65.00 $75.00
Medical
Services Cat Spay $65.00 $65.00 $65.00 $65.00 $75.00
Medical
Services
Dog
Cryptorchid
Neuter
$110.00 $110.00 $110.00 $110.00 $130.00
Medical
Services Dog Neuter $90.00 $90.00 $90.00 $90.00 $120.00 Medical
Services Dog Spay $110.00 $110.00 $110.00 $110.00 $130.00 Medical
Services
Feline
Leukemia Test $12.00 $12.00 $12.00 $12.00 $40.00
Medical
Services
Topical Flea
Treatment $15.00 $15.00 $15.00 $15.00 $15.00
Medical
Services
Vaccinations
(per injection) $12.00 $12.00 $12.00 $12.00 $20.00
Miscellaneous Brachycephalic
anesthetic
protocol
(propofol)
$50.00 $50.00 $50.00 $50.00 $50.00
Miscellaneous Cardboard
Carrier $10.00 $10.00 $10.00 $10.00 $15.00
Miscellaneous E-Collar $10.00 $10.00 $10.00 $10.00 $15.00 Miscellaneous Facility
Maintenance
Fee***
$0.00 $0.00 $0.00 $3.00 ***
Miscellaneous Microchip $25.00 $25.00 $25.00 $25.00 $25.00 24 May 15, 2023 Item 08
ATTACHMENT B
Miscellaneous SNIP
(Spay/Neuter
Reclaim
Program)
$50.00 $50.00 $50.00 $50.00 See S/N Fees
Miscellaneous Spay/Neuter
Deposit $60.00
Miscellaneous Trailer (per
trip) $98.00 $98.00 $98.00 $98.00 $98.00
Owner
Requested
Euthanasia
Cremation - 0-
29 pounds $10.00 $10.00 $10.00 $10.00 $20.00
Owner
Requested
Euthanasia
Cremation -
30-79 pounds $30.00 $30.00 $30.00 $30.00 $50.00
Owner
Requested
Euthanasia
Cremation -
80+ pounds $55.00 $55.00 $55.00 $55.00 $75.00
Owner
Requested
Euthanasia
Shelter $50.00 $50.00 $50.00 $50.00 $60.00
Protection
Dogs
Premise
Inspection $30.00
Quarantines Fee Per Visit $50.00 $50.00 $50.00 $50.00 $50.00 Relinquishment Dog, Cat,
small animals
at shelter
$25.00 $25.00 $25.00 $25.00 $50.00
Relinquishment Dog, Cat,
small animals
in field
$25.00 $25.00 $25.00 $25.00 $50.00
Relinquishment Livestock $25.00 $25.00 $25.00 $25.00 $100.00 Relinquishment Out of
Jurisdiction $40.00 $40.00 $40.00 $40.00 $100.00
25 May 15, 2023 Item 08
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Michael Luna, Special Projects & Programs Manager Clem Brown, Assistant City Manager
Via Ashley Jones, City Manager
DATE: May 15, 2023
SUBJECT: Resolution Approving the Updated City of Del Mar Annex of the 2023 MultiJurisdictional Hazard Mitigation Plan REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council adopt a Resolution (Attachment A) approving the updated City of Del Mar Annex (Attachment B) of the 2023 Multi-Jurisdictional Hazard Mitigation Plan.
BACKGROUND:
The Disaster Mitigation Act (DMA), signed into law on October 30, 2000, requires all jurisdictions to have a Federal Emergency Management Agency (FEMA)-approved hazard mitigation plan to qualify for hazard mitigation program grants and public assistance funds. In 2004, the San Diego County Office of Emergency Services (County OES) led an effort to develop the first Multi-Jurisdictional Hazard Mitigation Plan (Plan), a pre-disaster strategic plan that serves as a guideline for lowering the risks and exposure to hazards in the region.
Federal law requires the Plan to contain the following information related to natural disasters:
• Identification and assessment of risks related to potential disasters; • Implementation measures to reduce potential losses; and • Plans for the continuation of critical services and facilities after the disaster.
In response to the 2000 DMA, the first edition of the Plan was developed in 2004 by the County OES and all eighteen (18) incorporated cities, including Del Mar. All participating jurisdictions were required to write and individually adopt their portion of the Plan (referred to as Annexes). The DMA intends for hazard mitigation plans to remain relevant and current; therefore, the Plan is required to be updated every five (5) years and resubmitted to FEMA for approval.
The first edition of the City of Del Mar Annex to the Plan was adopted by City Council resolution in 2004, and has been subsequently updated and approved by the City Council in 2010 and 2018. The 2023 Plan update is consistent with DMA and FEMA required standards that will allow the City to be eligible for funding for future hazard mitigation projects. 1 May 15, 2023 Item 09
City Council Agenda Report
Resolution Approving the 2023 Update to the MJHMP & City of Del Mar Annex May 15, 2023
The 2023 Plan update and the have been adopted by the County of San Diego Board of Supervisors on February 7, 2023, and recently approved by FEMA.
DISCUSSION/ANALYSIS:
The DMA is intended to facilitate and encourage cooperation between State and local jurisdictions in disaster planning efforts. This enhanced planning network is intended to enable local and State agencies to articulate needs for mitigation, resulting in faster allocation of funding and more effective risk reduction projects.
The process of updating the 2018 Plan began in September 2019, and involved coordination with representatives from all the jurisdictions in the region. A Planning Team from the City of Del Mar (i.e., staff from all departments) conducted a comprehensive review of the City of Del Mar Annex and related mitigation action items. After staff completed its updates, the 2023 City of Del Mar Annex was submitted to the County’s Unified Disaster Council, California OES, and FEMA for a preliminary review. Based on additional direction and feedback from FEMA, the Planning Team made the requested modifications to the 2023 City of Del Mar Annex. On April 24, 2023, FEMA notified County OES (Attachment C) that the City of Del Mar must submit an adopted resolution to receive final approval. As such, the 2023 City of Del Mar Annex is now ready for approval and adoption by the City Council.
The 2023 updates reflect public feedback regarding hazard concerns, and updated hazard mitigation goals, objectives, actions/priority actions for the County of San Diego and cities within the region to align with current and existing countywide plans, procedures, and priorities.
Upon resolution adoption, the 2023 Plan will carry the City through the next five (5) years (2023-2028) of hazard mitigation planning, after which it will again be revisited, updated and submitted to County OES, California OES, and FEMA for re-approval.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the City Council related to this agenda item.
ATTACHMENTS:
Attachment A – Resolution Approving Revisions to the Multi-Jurisdictional Hazard Mitigation Plan
Attachment B – 2023 City of Del Mar Annex
Attachment C – FEMA County Hazard Mitigation Plan Amendment Notice 2 May 15, 2023 Item 09
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, APPROVING UPDATES TO THE MULTIJURISDICTIONAL HAZARD MITIGATION PLAN CITY OF DEL
MAR ANNEX
WHEREAS, the City of Del Mar has experienced natural and manmade disasters, resulting in loss of life, personal injury, property damage, and interruption of business and government services; and
WHEREAS, the majority of San Diego County's residents live in areas subject to these disasters; and
WHEREAS, the Federal Disaster Mitigation Act of 2000 requires all local governments to prepare a Multi-Jurisdictional Hazard Mitigation Plan; and WHEREAS, a Multi-Jurisdictional Hazard Mitigation Plan (the “Plan”) was developed by the County of San Diego and all eighteen (18) incorporated cities in 2004; and
WHEREAS, the City of Del Mar is required to write and individually adopt their portion of the Plan (referred to as the “Annex”); and
WHEREAS, the City Council of the City of Del Mar approved the initial Annex in 2004; and
WHEREAS, the Federal Emergency Management Agency requires that the Annex be reviewed and updated every five (5) years; and
WHEREAS, the 2004 Annex was updated and adopted by the City Council of the City of Del Mar on April 11, 2011; and
WHEREAS, the 2011 Annex was updated and adopted by the City Council of the City of Del Mar on March 5, 2018; and
WHEREAS, between September 2019 and December 2022, all affected city departments conducted a comprehensive review of the Annex and related mitigation action items, and created revisions to the Annex (the "Updated Annex"); and WHEREAS, the Updated Annex recommends many hazard mitigation actions that will protect the people and property affected by the natural and manmade hazards that face the City of Del Mar; and
WHEREAS, public meetings were held throughout the county to review the Updated Plan and Annex as required by law; and
ATTACHMENT A
3 May 15, 2023 Item 09
Resolution 2023-XX
WHEREAS, mitigation measures have been shown to be effective in saving lives and reducing property damage caused by disasters.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar hereby adopts the updated 2023 Multi-Jurisdictional Hazard Mitigation Plan City of Del Mar Annex dated February 2023 as an official hazard mitigation plan of the City of Del Mar.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held on the 15th day of May, 2023. _____________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
4 May 15, 2023 Item 09
Resolution 2023-XX
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 15th day of May, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Nestor Machado
Acting City Clerk
City of Del Mar
5 May 15, 2023 Item 09
Multi-Jurisdictional
Hazard Mitigation Plan:
City of Del Mar Annex
San Diego County, California
February 2023
ATTACHMENT B
6 May 15, 2023 Item 09
i
This page is intentionally left blank.
7 May 15, 2023 Item 09
SECTION ONE | Determine the Planning Area and Resources 2 1. SECTION ONE: Determine the
Planning Area and Resources
1.1. Planning Area: City of Del Mar
Incorporated in 1959, the City of Del Mar is a quaint seaside village located just 20 miles north of San Diego. With a population of approximately 4,331 people, and covering just 2.2 square miles, Del Mar is known for its vibrant small-town atmosphere. Del Mar attracts residents, and upwards of three (3) million visitors annually from all over the world, who come to enjoy the beautiful dogfriendly beaches, hiking trails, scenic views, and year-round events held at the Del Mar Fairgrounds including the San Diego County Fair and Del Mar horse races.
The community is primarily comprised of single-family residential neighborhoods, with retail uses and restaurants in the downtown, a small commercial area, and several hotels. The City employs approximately 60 full-time employees, and 70 part-time, seasonal employees, who operate out of the City’s Civic Center, Lifeguard Headquarters, Del Mar Fire Station, and Public Works yard and administration building. The City provides law enforcement services through a contract with the San Diego County Sheriff’s Department, and fire administration is provided through a mutual agreement between the cities of Del Mar, Encinitas, and Solana Beach.
1.2. Community Rating System Requirements
The Community Rating System (CRS) is a FEMA program and rewards communities that go beyond the minimum standards for floodplain management under the National Flood Insurance Program (NFIP).
For more information on the National Flood Insurance Program, see http://www.fema.gov/national-flood-insurance-program.
Community Rating System (CRS) Planning
Steps
Local Mitigation
Planning Handbook
Tasks
(44 CFR Part 201)
Step 1. Organize
Task 1: Determine the Planning Area and
Resources
Task 2: Build the Planning
Team 44 CFR 201.6(c)(1)
Step 2. Involve the public
Task 3: Create an Outreach Strategy
44 CFR 201.6(b)(1)
Step 3. Coordinate
Task 4: Review Community Capabilities
44 CFR 201.6(b)(2) & (3)
Step 4. Assess the hazard Task 5: Conduct a Risk
Assessment 44 CFR 201.6(c)(2)(i)
44 CFR 201.6(c)(2)(ii) & (iii) Step 5. Assess the problem Step 6. Set goals Task 6: Develop a Mitigation
Strategy 44 CFR 201.6(c)(3)(i) Step 7. Review possible activities 8 May 15, 2023 Item 09
SECTION ONE | Determine the Planning Area and Resources 3 Step 8. Draft an action plan
44 CFR 201.6(c)(3)(ii)
44 CFR 201.6(c)(3)(iii)
Step 9. Adopt the plan
Task 8: Review and Adopt the Plan
44 CFR 201.6(c)(5)
Step 10. Implement, evaluate, revise
Task 7: Keep the Plan Current
Task 9: Create a Safe and Resilient
Community 44 CFR 201.6(c)(4)
TABLE 1.2: FEMA LOCAL MITIGATION PLANNING HANDBOOK WORKSHEET 1.1 DESCRIBES
THE CRS REQUIREMENTS MET BY THE SAN DIEGO COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN.
Any jurisdiction or special district may participate in the hazard mitigation planning process.
However, to request FEMA approval, each of the local jurisdictions must meet all requirements of 44 CFR §201.6. In addition to the requirement for participation in the process, the Federal regulation specifies the following requirements for multi-jurisdictional plans:
• The risk assessment must assess each jurisdiction’s risk where they may vary from the risks facing the entire planning area. (44 CFR §201.6(c)(2)(iii)) • There must be identifiable action items specific to the jurisdiction requesting FEMA approval or credit of the plan. (44 CFR §201.6(c)(3)(iv))
• Each jurisdiction requesting approval of the plan must document that is has been formally adopted. (44 CFR §201.6(c)(5))
The hazard mitigation plan must clearly list the jurisdictions that participated in the plan and are seeking plan approval. The San Diego County Multi-Jurisdictional Hazard Mitigation Plan and annexes meet all requirements.
9 May 15, 2023 Item 09
SECTION TWO | Build the Planning Team
4 2. SECTION TWO: Build the Planning
Team
2.1. Planning Participants
City of Del Mar Hazard Mitigation Planning Team
Name Title Department
Mike Stein Chief Fire
Hans Schmidt Fire Marshal Fire
Corina Jimenez Senior Management Analyst Fire
Joe Bride Public Works Director / City Engineer Public Works Tim Thiele Engineering / Manager (contractor) Public Works Kristen Crane Assistant City Manager City Manager’s Office Clem Brown Environmental Sustainability/Special
Projects Manager City Manager’s Office
Jon Edelbrock Director and Chief Lifeguard Community Services Karen Brindley Director Planning & Community Development Amanda Lee Principal Planner Planning & Community Development Emily Bernardo IT Manager Administrative Services
TABLE 2.1 - DEL MAR HAZARD MITIGATION PLANNING TEAM
2.2. Planning Process
The City of Del Mar Planning Team (Planning Team) reviewed hazard maps, critical facility information, and localized potential hazard/exposure/loss estimates provided by the County of San Diego and applied the set of criteria to identify hazards with the most significant to the City (Section 5). The Planning Team also identified current capabilities available for implementing hazard mitigation activities (Section 4).
Mitigation goals were developed by considering the risk assessment findings, localized hazard identification and loss/exposure estimates, and an analysis of the City’s current capabilities.
Mitigation goals and actions were developed to represent a vision of long-term hazard reduction or enhancement of capabilities (Section 6). To help further develop these goals, the Planning Team compiled and reviewed current City sources including the City’s planning documents, codes, and ordinances (Section 5). In addition, representatives from the Planning Team met with consultant staff and/or OES to specifically discuss these hazard-related goals, objectives, and actions as they related to the Plan. As discussed in 2.1, representatives of numerous City departments involved in 10 May 15, 2023 Item 09
SECTION TWO | Build the Planning Team
5 hazard mitigation planning, including Fire, Administrative Services, Community Services, Planning & Community Development, City Manager’s Office, and Public Works participated in the planning process.
Once developed, the Planning Team submitted the final plan to the State of California (Cal OES) and the Federal Emergency Management Agency (FEMA) for approval. Once approved by FEMA, the plan will be taken to the Del Mar City Council for adoption.
See the San Diego County Multi-Jurisdictional Hazard Mitigation Plan’s Section 2 for details about the county-wide Planning Process.
11 May 15, 2023 Item 09
SECTION THREE | Create an Outreach Strategy
6 3. SECTION THREE: Create an
Outreach Strategy
The City of Del Mar did not conduct a separate outreach strategy for its Hazard Mitigation Plan Annex. Rather, the measures identified have been vetted through the development of other City plans such as the Community (General) Plan, Sea Level Rise Adaptation Plan, and Climate Action Plan. Instead, the City relied on the County’s public outreach strategy for the totality of the Hazard Mitigation Plan including all annexes (see the San Diego County Multi-Jurisdictional Hazard Mitigation Plan’s Section Three for details about the county-wide outreach strategy). 12 May 15, 2023 Item 09
SECTION FOUR | Review Community Capabilities
7 4. SECTION FOUR: Review Community
Capabilities
Local mitigation capabilities are existing authorities, policies, programs, and resources that reduce hazard impacts or that could be used to implement hazard mitigation activities and are described in further detail below.
4.1. Capability Assessment
The primary types of capabilities for reducing long-term vulnerability through mitigation planning are:
• Planning and regulatory
• Administrative and technical
• Financial
• Education and outreach
4.1.1.Planning and Regulatory
Planning and regulatory capabilities are the plans, policies, codes, and ordinances that prevent and reduce the impacts of hazards. Table 4.1-1 includes a summary of the City of Del Mar’s existing planning documents and regulations related to mitigation efforts within the community.
Future opportunities for planning and regulatory enhancement would focus on implementing new ordinances to implement improvements in energy use and safety in the City of Del Mar such as a building electrification ordinance. Additional efforts will be made to incorporate references from the MJHMP in any plan updates such as the Tsunami Max Phase Playbook.
Plans Yes/No
Year
Does the plan address hazards?
Does the plan identify projects to include in the
mitigation strategy?
Can the plan be used to implement mitigation actions?
Comprehensive/Master Plan Yes The Del Mar Community Plan (General Plan) includes policies that specify the City’s goals and objectives for protection of the public health, safety, and welfare. These policies are implemented via mitigation and conditions of approval for development projects. The City’s certified Local Coastal Program (Land Use Plan and implementing
ordinances) is a comprehensive plan that identifies policies and regulations for hazard control, including but not
limited to flood and erosion hazards, that are implemented via mitigation and conditions of approval for development projects.
Capital Improvements Plan Yes The City’s 10-year CIP program identifies various public projects to be implemented for public health and safety to minimize risk and address hazards including the Camino
del Mar bridge replacement (one of two critical north-south 13 May 15, 2023 Item 09
SECTION FOUR | Review Community Capabilities
8 roadways that provides access across San Dieguito
Lagoon), sand replenishment (for flood control in North Beach neighborhood that protects public facilities and
infrastructure and private property), citywide upgrades to roadways and water/sewer/storm water infrastructure, and upgrades to critical City facilities (Beach Safety Center, Fire Station, Public Works, Civic Center).
Economic Development Plan No The City of Del Mar does not have an adopted Economic Plan. However, the City has a close partnership with the Del Mar Village Association, including substantial
financial contributions, that implements programs and
provides recommendations in support of furthering the
City’s economic vitality.
Local Emergency Operations Plan Yes The City has a draft of an updated Emergency Operations Plan that was completed in May 2021. It needs to be
finalized and approved by the City Council and submitted to Cal OES for certification.
Continuity of Operations Plan Yes The City has a Continuity of Operations Plan that was developed in 2012. The plan is currently being updated, with a target completion date of December 2022.
Transportation Plan Yes The Del Mar Community Plan (General Plan) includes policies that specify the City’s goals and objectives for transportation management. These policies are
implemented via mitigation and conditions of approval for development projects.
Stormwater Management Plan Yes The City has a Jurisdictional Runoff Management Plan (JRMP) and two Water Quality Improvement Plans
(WQIP) for the Los Peñasquitos and San Dieguito
Watersheds. The City’s two WMPs mention flood control
in the context of some flood relief from future/potential green infrastructure projects via detention, retention, and infiltration. Furthermore, the City’s recently constructed downtown streetscape and Civic Center projects include
features that fit the flood control benefit of green
infrastructure. Finally, all new private development and redevelopment projects also include LID features that
incorporate elements of detention, retention and/or
infiltration. Public Works implements a storm water
preparation program which includes seasonally cleaning all the City’s storm drains. Public Works also installs
sandbags, erosion control and other storm preparations
during the rainy season.
Community Wildfire Protection Plan Yes The City of Del Mar does not currently have a Community Wildfire Protection Plan. However, the City recently
completed a Wildfire Evacuation Plan for the Crest Canyon area, which is an area of the City within a Very High Fire Hazard Severity Zone. The plan was received by the City Council in March 2022.
14 May 15, 2023 Item 09
SECTION FOUR | Review Community Capabilities
9 M. Real estate disclosure requirements Yes The City’s Local Coastal Program Land Use Plan and implementing ordinances require real estate disclosure of a property’s location within the Floodplain Overlay Zone or Coastal Bluff Overlay Zone.
Other special plans (e.g., brownfields
redevelopment, disaster recovery, coastal
zone management, climate change
adaptation)
Yes The City of Del Mar is located entirely within the coastal zone. In accordance with the Coastal Act, the City’s
certified Local Coastal Program (Land Use Plan and
implementing ordinances) is a comprehensive plan for
coastal zone management that identifies policies and
regulations for hazard control, including but not limited to flood and erosion hazards, that are implemented via
mitigation and conditions of approval for development
projects. The City’s Sea Level Rise Adaptation Plan (2018) is incorporated by reference within the City’s Community Plan (General Plan) Safety Element and sets forth a plan for the City to adapt to sea level rise as projected through year 2100. The Plan identifies priority adaptation projects for the City to implement in the near-term including beach nourishment, dredging of the San Dieguito Lagoon river
mouth, preparation of a conceptual living levee plan for flood protection along both sides of the San Dieguito
Lagoon, and continued maintenance of the existing
shoreline protection that protects the North Beach
neighborhood in accordance with the 1988 local voter
initiative (Beach Preservation Initiative). The Plan also incorporates by reference the City’s Sediment Management Plan (2018). The City’s Climate Action Plan (2016)
identifies the policies and desired implementation actions to minimize greenhouse gas emissions for sustainability and supports the City’s expressed desire to maintain the quality of life in accordance with community’s vision for the future.
TABLE 4.1-1: FEMA LOCAL MITIGATION PLANNING HANDBOOK WORKSHEET 4.1 DATA.
4.1.2.Administrative and Technical
Administrative and technical capabilities include staff and their skills and tools that can be used for mitigation planning and to implement specific mitigation actions. The administrative and technical capabilities of Del Mar, as shown in Table 4.1-2, provide an identification of the personnel and department resources available to implement the actions identified in the mitigation section of the Plan. Specific resources reviewed include those involving technical personnel, such as planners/engineers with knowledge of land development and land management practices, engineers trained in construction practices related to building and infrastructure, planners and engineers with an understanding of natural or manmade hazards, floodplain managers, surveyors, personnel with Geographic Information Systems (GIS) skills, and scientists familiar with hazards in the community.
Overall, the City can expand upon these capabilities by creating and applying the updated fiveyear Multi-Jurisdictional Hazard Mitigation Plan Cycle to City operations, provide hazard training for staff, apply for hazard mitigation grant funding in partnership with San Diego County and CalOES, and look for other opportunities to coordinate and educate key stakeholders who 15 May 15, 2023 Item 09
SECTION FOUR | Review Community Capabilities
10 may be interested in aligning efforts related to hazard mitigation. Other future enhancements may include providing hazard training for staff or hazard mitigation grant funding in partnership with San Diego County and CalOES. Other opportunities to coordinate and educate key stakeholders may be interested in aligning efforts related to hazard mitigation and supporting Hazard Mitigation Grant Program (HMGP) applications and other hazard mitigation trainings.
Administration Yes/No Describe capability
Is coordination effective?
Planner(s) or engineer(s) with knowledge of
land
development and land management
practices
Yes The City of Del Mar has a team of staff that are
knowledgeable and capable of effectively implementing
land development and land management practices. This
primarily includes staff within the Planning and
Community Development Department (includes Planning
and Building Services, Clean Water Management, and
Code Enforcement), Public Works and Engineering
Department, Community Services Department, and Fire
Protection Services. However, the City Manager and
Administrative Services Departments also significantly
contribute to ensure the effective implementation of land development and land management in accordance with
applicable policies and regulations.
Engineer(s) or professional(s) trained in
construction practices related to buildings
and/or infrastructure
Yes The City of Del Mar has a team of staff that are
knowledgeable and capable of effectively implementing
construction practices related to buildings and/or
infrastructure. This primarily includes staff within the Planning and Community Development Department
(includes Planning and Building Services, Clean Water
Management, and Code Enforcement), Public Works and
Engineering Department, and Fire Protection Services.
However, the City Manager, Administrative Services,
and Community Services Departments also significantly
contribute to ensure the effective implementation of
approved construction plans.
Planners or Engineer(s) with an
understanding of natural and/or manmade
hazards
Yes The City of Del Mar has a team of staff with an
understanding of natural and/or manmade hazards and
strategies to plan, minimize risk, and respond in case of emergencies. This primarily includes staff within the
Community Services Department, Fire Protection
Services, Public Works and Engineering Department, and
Planning and Community Development Department
(includes Planning and Building Services, Clean Water
Management, and Code Enforcement). However, the
City Manager and Administrative Services Departments
also significantly contribute to the strategies and plans to minimize risk and respond to emergencies, which
includes Emergency Operations planning and training via the City Manager’s office and coordination, training,
equipment, and risk management services provided via
the Administrative Services Department.
16 May 15, 2023 Item 09
SECTION FOUR | Review Community Capabilities
11 Mitigation Planning Committee Yes The City of Del Mar has a local Community Emergency Response Team (CERT) that meets regularly and
participates in City emergency operations coordination
and planning. The City had a City Council Advisory
Committee in place 2014-2018 (Sea Level Rise
Technical Advisory Committee), which facilitated input
on local plans to plan for and minimize the risk of
projected flooding, storms, coastal and bluff erosion, and sea level rise.
Maintenance programs to reduce risk (e.g.,
tree trimming, clearing drainage systems)
Yes The City performs regular tree trimming activities on an approved work schedule. The City also performs annual
storm drain cleaning under its Clean Water Program to
mitigate localized flooding during rain events.
Mutual aid agreements Yes The City participates in various aid agreements. The Fire Department is part of the North Regional Zone Master
Automatic Aid Agreement for Fire-Rescue Responses
and Support Activities. The City participates in a San
Diego County Water Authority Mutual Aid Agreement
amongst San Diego retail Water Agencies.
Staff Yes/No
FT/PT1
Is staffing adequate to enforce regulations? Is staff
trained on hazards and mitigation?
Is coordination between agencies and staff effective?
Chief Building Official Yes The City utilizes a Building Official to oversee all aspects of building/structural safety, which is a
contracted service that is managed by the Planning and
Community Development Department. The Building
Official coordinates the City’s contracted Building and Safety Services Division, which includes building plan
check and inspection services.
Floodplain Administrator Yes The Planning and Community Development Director is assigned as the City's Floodplain Administrator to
administer and enforce the Floodplain management
regulations of Del Mar Municipal Code Chapter 30.56
(Floodplain Overlay Zone). Planners ensure compliance
with the City’s floodplain requirements including base
flood elevation and project design requirements. The City utilizes a contract Engineering Services firm
administered by the City’s Public Works Director to
assist on civil and drainage plan reviews during concept and construction-level drawings to ensure technical
requirements are met. The City’s contracted Building
Services Division completes structural reviews during
plan check and in-person inspections.
Emergency Manager Yes The City’s Environmental Sustainability/Special Projects Manager in the City Manager’s Office serves as the
17 May 15, 2023 Item 09
SECTION FOUR | Review Community Capabilities
12 City’s Emergency Manager. This function is part of the duties of that position.
Surveyors Yes The City has as-needed contracts with three Californialicensed surveying firms: PSOMAS, NV5, and Michael Baker International.
Staff with education or expertise to assess
the community’s vulnerability to hazards
Yes The City of Del Mar has a team of staff with an
understanding of natural and/or manmade hazards and
strategies to plan, minimize risk, and respond in case of emergencies. This primarily includes staff within the
Community Services Department, Fire Department,
Public Works and Engineering Department, and Planning
and Community Development Department (includes
Planning and Building Services, Clean Water
Management, and Code Enforcement). However, the
City Manager and Administrative Services Departments
also significantly contribute to the strategies and plans to assess risk and respond to emergencies, which includes
Emergency Operations planning and training via the City Manager’s office and coordination, training, equipment, and risk management services provided via the
Administrative Services Department.
Community Planner Yes The Planning and Community Development Department has a team of community planners, which includes a
Planning Director.
Scientists familiar with the hazards of the
community
Yes The City of Del Mar does not currently have any
scientists on staff. However, due to the City’s location near the University of California San Diego and the
Scripps Institute of Oceanography, the community
includes a significant number of renowned scientists with expertise in this area. The City Council consistently has representatives with scientific backgrounds and
qualifications to contribute this type of expertise. In addition, the City has contracts with Environmental
Science Associates (2014-2018) and Moffatt & Nicholl
(2019-present) to provide this type of expertise as it
relates to sea level rise planning, planning for coastal hazards, and shoreline management. The City has a
Vulnerability and Risk Assessment that discloses local
hazards (Environmental Science Associates 2016 and
Addendum 2018), and an Adaptation Plan
(Environmental Science Associates 2018) and Sediment
Management Plan (Environmental Science Associates
2018) that set forth strategies to minimize the risk of hazards. Further, the City has a locally adopted Sand
Compatibility Opportunistic Use Program (Moffatt &
Nicholl 2020) that is currently in process for federal and state approvals. The City also participates in a regional Memorandum of Understanding with SANDAG with a
Regional Shoreline Monitoring program, which monitors
18 May 15, 2023 Item 09
SECTION FOUR | Review Community Capabilities
13 the beach width and sand volume of coastal beaches in San Diego County.
Civil Engineer Yes The City’s Public Works Director/City Engineer is a licensed civil engineer, and the City further supplements via contracted services (currently provided by contracts with PSOMAS, NV5 and Michael Baker International).
Personnel skilled in GIS and/or HAZUS Yes The City of Del Mar has a team of staff with an understanding of GIS. This primarily includes staff
within the City’s Administrative Services Department
and Planning and Community Development Department
(includes Planning and Building Services, Clean Water
Management, and Code Enforcement) and is
supplemented with contract services as needed. The
City’s emergency responders and risk assessment
managers use FEMA’s HazUs and other tools to
determine potential losses from disasters and to identify the most effective mitigation actions for minimizing
those losses. The City’s Administrative Services
Department, Fire Department, Public Works Department,
and Community Services Department facilitate this type
of risk assessment and emergency response.
Grant writers Yes The City of Del Mar is a small City that does not currently have any designated grant writers on staff.
However, the City has retained specialized contract
services for grant writing services. The City has also been successful in preparing grant applications and being
awarded funds.
TABLE 4.1-2: FEMA LOCAL MITIGATION PLANNING HANDBOOK WORKSHEET 4.1 DATA CONTINUED.
4.1.3.Financial
Table 4.1-3 shows specific financial and budgetary tools potentially available to Del Mar, such as Community Development Block Grants; capital improvement project funding; authority to levy taxes for specific purposes; fees for water, clean water, and sewer; impact fees related to new development and/or redevelopment; ability to incur debt through general obligation bonds; and withholding spending in hazard-prone areas. In most cases, these are subject to City Council and/or voter approval.
Overall, the City could expand upon this capability by updating other plans, such as the CIP plan to incorporate hazard information and include hazard mitigation actions and climate adaptation strategies that relate to infrastructure systems resiliency associated with the water and wastewater systems. Capital investments and improvements related to seismic retrofits, sea level rise, and water supply systems should all be emphasized in the outreach materials as they are related to hazard mitigation. These fiscal capabilities may be supported by City staff or augmented with consultants.
19 May 15, 2023 Item 09
SECTION FOUR | Review Community Capabilities
14 The City has access to or is eligible to use the following funding resources for hazard mitigation:
Funding Resource Access/
Eligibility
(Yes/No)
Has the funding resource been used in past and for
what type of activities?
Could the resource be used to fund future mitigation
actions?
Community Development Block Grants
(CDBG)
Yes The most recent city CDBG-funded project installed
pedestrian ramps and restriped the intersection of 22nd Street / Camino del Mar (CDM) to enhance pedestrian,
bicycle, and vehicle safety. The City of Del Mar receives a relatively minor amount of funding each year, which
historically has been important for completing disabled access improvement capital projects.
Capital improvements project funding Yes The City has utilized Capital Improvement Project funding in the past for required bluff collapse repairs and other emergency storm drain repairs.
Authority to levy taxes for specific
purposes
Yes The City Council could consider levying taxes for
specific purposes subject to State law, which generally includes voter approval.
Fees for water, sewer, gas, or electric
service
Yes City does not control fees for electric or gas service.
The City Council does establish fees for water and sewer service in accordance with State law, including
Proposition 218. Not likely a source of funding for
hazard mitigation.
Impact fees for homebuyers or developers
for new developments/homes
Yes The City has an adopted fee schedule that includes
mitigation fees for fire, transportation (regional) and affordable housing due at the time of permit issuance.
Incur debt through general obligation
bonds
Yes The City currently does not have any general obligation bonds.
Incur debt through special tax and revenue
bonds
Yes A general tax was approved by the voters in November 2016. Funds are presently being used for the City’s
Utility Undergrounding Project and are anticipated to be used for the future development of Shores Park. To date, there has not been any debt or revenue bonds associated with this funding source.
Incur debt through private activity bonds Yes The City borrowed approximately $3 million from SANDAG, which is annually paid using the City’s
Annual TransNet revenue allocation. No additional
TransNet funding is available for borrowing currently.
The City also borrowed approximately $16 million from
IBank to fund the construction of the Civic Center
Project.
TABLE 4.1-3: FEMA LOCAL MITIGATION PLANNING HANDBOOK WORKSHEET 4.1 DATA CONTINUED.
20 May 15, 2023 Item 09
SECTION FOUR | Review Community Capabilities
15 4.1.4.Education and Outreach
Table 4.1.4 identifies the City of Del Mar’s education and outreach programs and methods already in place that could be used to implement mitigation activities and communicate hazard-related information.
Overall, the City can expand upon these capabilities by creating and applying the updated fiveyear Multi-Jurisdictional Hazard Mitigation Plan Cycle, to City operations, provide hazard training for staff, apply for hazard mitigation grant funding in partnership with San Diego County and CalOES, and look for other opportunities to coordinate and educate key stakeholders who may be interest in aligning efforts related to hazard mitigation.
Specific enhancements may include continued public engagement through the city’s weekly newsletter and social media posts focused on project successes related to the MJHMP, and focused outreach to community based organization and non-profits in the City. Additionally, the City can conduct quarterly trainings to the Community Emergency Response Team (CERT) and conduct a fuel reduction program inform residents on how to improve fire survivability.
The table below identifies education and outreach programs and methods already in place that could be used to implement mitigation activities and communicate hazard-related information:
Program/Organization Yes/No
Describe program/organization and how relates to
disaster resilience and mitigation.
Could the program/organization help implement
future mitigation activities?
Local citizen groups or non-profit
organizations focused on environmental
protection, emergency preparedness, access
and functional needs populations, etc.
Yes The City of Del Mar has a volunteer Community
Emergency Reponses Team (CERT) that coordinates
with the City on emergency operations planning and
training. In terms of environmental protection and
access, the Surfrider Foundation is a stakeholder group that regularly participates in local planning.
Ongoing public education or information
program (e.g., responsible water use, fire
safety, household preparedness,
environmental education)
Yes The City has a Communication Plan in place that
provides for robust communication of hot topics, public education, and regular sharing of information that is in addition to legally required public noticing. This is
primarily done via the City’s web page and
communications that are sent electronically and/or mailed including a weekly electronic newsletter and frequent
communications as needed via the City’s social media
accounts. The City highlights topics such as community
events, vegetation management/fire safety, household
preparedness, responsible water use, Clean Water
Program compliance, proper techniques for disposal of
waste, recycling, energy savings, etc.
21 May 15, 2023 Item 09
SECTION FOUR | Review Community Capabilities
16 Natural disaster or safety related school
programs
Yes The City of Del Mar does not have any public schools located within its jurisdiction. However, the City
regularly accommodates participation from public
schools in the surrounding jurisdictions, which has
included school projects focused on local adaptation
along the shoreline and safe access and design along the downtown streetscape.
StormReady certification No The City does not have a StormReady certification. 22 May 15, 2023 Item 09
SECTION FOUR | Review Community Capabilities
17 Firewise Communities certification No The City does not have a Firewise Communities certification.
Public-private partnership initiatives
addressing disaster-related issues
Yes The Sea Level Rise Technical Advisory Committee work (2014-2018) helped to bolster private property owner
support for the City’s local adaptation initiatives (i.e., beach nourishment, living levee, maintenance of the
existing system of shoreline protection/beach access in North Beach, and relocation of the railroad
operations/infrastructure from the South Bluff).
Other Yes The City of Del Mar has a volunteer CERT team that coordinates with the City on emergency operations
planning and training. In terms of environmental
protection and access, the Surfrider Foundation is a
stakeholder group that regularly participates in local
planning.
TABLE 4.1.4: FEMA LOCAL MITIGATION PLANNING HANDBOOK WORKSHEET 4.1 DATA CONTINUED.
4.2. Safe Growth Audit
Tables 4.2-1 through 4.2-4 identifies gaps in the City of Del Mar’s growth guidance instruments and improvements that could be made to reduce vulnerability to future development.
Comprehensive Plan Yes No
Land Use
1. Does the future land-use map clearly identify natural hazard areas? X The City’s Community (General) Plan land use map does not identify natural hazard areas. However, the City has a certified Local Coastal Program Land Use Plan that does include this information. The City prepared a Vulnerability and Risk Assessment (Environmental Science Associates 2016 and Addendum 2018) that identifies the extent of natural hazard areas as projected through year 2100 based on assumptions of projected sea level rise. The City’s Floodway Zone, Floodplain Overlay Zone, Coastal Bluff Overlay Zone, Lagoon Overlay Zone, and Open Space Overlay Zone effectively cover the locations at risk. Further, the City’s Adaptation Plan, which is incorporated into the Community (General) Plan Safety Element by reference, effectively identifies and describes the City’s plan to adapt and minimize the risk of projected hazards.
2. Do the land-use policies discourage development or redevelopment within natural hazard areas?
X
The City’s land use policies within the Community (General) Plan and within the certified Local Coastal Program Land Use Plan discourage development within natural hazard areas based on relative risk. This includes prohibitions on development within the floodway, wetlands, on the public beach, and within 40 feet of a coastal bluff edge. The City’s proposed approach is consistent with the California Coastal Act, State Fire Hazard Severity Zones, and Federal Floodplain Management standards. However, it is important to note that within the Floodplain, the State Coastal Commission has recently indicated their preference for a more conservative approach to further limit development and redevelopment (i.e., via definition changes to carry out managed retreat) in locations with a relatively very low risk of flooding in the Floodplain (i.e., the existing century-old North Beach neighborhood). This 23 May 15, 2023 Item 09
SECTION FOUR | Review Community Capabilities
18 approach was not supported by the Del Mar City Council after four years of planning that included scientific studies and extensive public outreach and discussion.
3. Does the plan provide adequate space for expected future growth in areas located outside natural hazard areas?
X
The City’s Community (General) Plan provides for adequate space for expected future growth areas in locations outside of natural hazard areas. This includes prohibitions on development within the floodway, wetlands, on the public beach, and within 40 feet of a coastal bluff edge.
Transportation
1. Does the transportation plan limit access to hazard areas? X The City’s Community (General) Plan Circulation Element and transportation plans rely on an existing network of roadway connections that facilitate pedestrian and vehicular access to the downtown village, public beach, and State Fairgrounds and limit access to environmentally sensitive and hazardous areas. Further, the Community (General) Plan Safety Element incorporates by reference the adopted Adaptation Plan (Environmental Science Associates 2018), which identifies adopted local policy to support relocation of the railroad operations and infrastructure away from the South Bluff in Del Mar, which is vulnerable to bluff erosion and projected sea level rise.
2. Is transportation policy used to guide growth to safe locations? X The City’s transportation policy and desired protection for the public health and safety is reflected in the City’s Community (General) Plan and in the City’s certified Local Coastal Program.
3. Are movement systems designed to function under disaster conditions (e.g., evacuation)?
X
The City is in the process of implementing various plans and special projects to improve mobility. For example, the City recently completed an evacuation plan in consultation with the City of San Diego Fire Department to facilitate the evacuation of properties located in the jurisdictions of the City of Del Mar and the City of San Diego along Crest Canyon and the San Dieguito Lagoon (Crest Canyon Evacuation Plan). In addition, the City is currently working with Caltrans and a team of consultants to replace the Camino del Mar bridge over the San Dieguito Lagoon, which is currently vulnerable to various hazards (i.e., flooding, earthquakes, storm damage). The replacement bridge will be able to adapt to such hazards including projected sea level rise.
TABLE 4.2-1: FEMA LOCAL MITIGATION PLANNING HANDBOOK WORKSHEET 4.2 DATA.
Comprehensive Plan (continued) Yes No
Environmental Management
1. Are environmental systems that protect development from hazards identified and mapped?
X
The City’s Community (General) Plan maps the environmentally sensitive locations within the City. This includes:
• the San Dieguito River/Lagoon Floodway and Floodplain; • locations within the North Beach Floodplain, San Dieguito River Valley, and State Fairgrounds that are subject to potential flooding from the Pacific Ocean and/or the San Dieguito River; • locations on the North Bluff and South Bluff that are vulnerable to coastal bluff erosion; • locations along Crest Canyon that are vulnerable to fire hazards; and • locations in the North Hills and South Hills that are vulnerable to inland bluff erosion. 24 May 15, 2023 Item 09
SECTION FOUR | Review Community Capabilities
19 2. Do environmental policies maintain and restore protective ecosystems? X The City’s Community (General) Plan policies protect each of the environmentally sensitive locations within the City.
3. Do environmental policies provide incentives to development that is located outside protective ecosystems?
X
The City of Del Mar does not have a system of incentives for location of new development outside of protective ecosystems. Location of new development outside of protective ecosystems and environmentally sensitive or hazardous areas is a required regulatory standard as reflected by the City’s Community (General) Plan, certified Local Coastal Program, and the Del Mar Municipal Code.
Public Safety
1. Are the goals and policies of the comprehensive plan related to those of the FEMA Local Hazard Mitigation Plan?
X
The City of Del Mar’s Community (General) Plan and certified Local Coastal Program are consistent with the goals and policies of the FEMA Local Hazard Mitigation Plan.
2. Is safety explicitly included in the plan’s growth and development policies? X Protection of the public health, safety, and general welfare is a primary objective and component of the City’s Community (General) Plan, certified Local Coastal Program, and the Del Mar Municipal Code.
3. Does the monitoring and implementation section of the plan cover safe growth objectives?
X
Safe growth objectives and assured protection of the public health, safety, and general welfare is a primary objective and component of the City’s General Plan, certified Local Coastal Program, and the Del Mar Municipal Code.
TABLE 4.2-2: FEMA LOCAL MITIGATION PLANNING HANDBOOK WORKSHEET 4.2 DATA CONTINUED.
Zoning Ordinance Yes No
1. Does the zoning ordinance conform to the comprehensive plan in terms of discouraging development or redevelopment within natural hazard areas? X
The location of new development outside of hazardous areas is a required regulatory standard as reflected by the City’s Community (General) Plan, certified Local Coastal Program, and the Del Mar Municipal Code.
2. Does the ordinance contain natural hazard overlay zones that set conditions for land use within such zones?
X
The City’s Floodway Zone, Floodplain Overlay Zone, Coastal Bluff Overlay Zone, Lagoon Overlay Zone, and Open Space Overlay Zone effectively cover the locations at risk of natural hazards and explicitly either prohibit new development or identify how new development may be conditionally approved via a discretionary permit process and subject to conditions of approval.
3. Do rezoning procedures recognize natural hazard areas as limits on zoning changes that allow greater intensity or density of use? 25 May 15, 2023 Item 09
SECTION FOUR | Review Community Capabilities
20 The City’s Community (General) Plan, certified Local Coastal Program, and the Del Mar Municipal Code identify policies, regulations, and permit approval procedures that effectively provide for decision makers to limit zoning changes, as appropriate within natural hazard areas, including proposed changes that would allow greater intensity or density. Requested zoning changes require processing of legislative approvals through a public process via the Planning Commission and City Council. Following local adoption, the proposed zoning amendments require further processing via the California Coastal Commission for final certification approval to become effective. Consistency with the Coastal Act environmental protections and provisions for minimization of hazard risk is required to gain final certification approval of any proposed zoning changes.
4. Does the ordinance prohibit development within, or filling of, wetlands, floodways, and floodplains?
X
The City’s certified Local Coastal Program and the Del Mar Municipal Code prohibit the filling of wetlands and prohibit new development within wetlands and floodways. New development within the existing developed areas of the floodplain is required to meet all Federal Floodplain Management requirements and additional limitations in accordance with the Floodway Zone and Floodplain Overlay Zone within the City’s certified Local Coastal Program.
Subdivision Regulations Yes No
1. Do the subdivision regulations restrict the subdivision of land within or adjacent to natural hazard areas?
X
The City’s Subdivision Regulations are incorporated in the Del Mar Municipal Code Title 24 to implement the Subdivision Map Act. Further, the City’s certified Local Coastal Program regulates proposed subdivisions as “coastal development” subject to approval of a Coastal Development Permit, which is a discretionary permit that requires findings for approval that include environmental projections and assurances to minimize risk of hazards for new development.
2. Do the regulations provide for conservation subdivisions or cluster subdivisions in order to conserve environmental resources?
X
The City’s Community (General) Plan, certified Local Coastal Program, and the Del Mar Municipal Code identify policies, regulations, and permit approval procedures that provide for development to be clustered to avoid environmentally sensitive resources or hazards. Further, the City utilizes easements as a condition of approval, where appropriate, to reserve areas as sensitive areas as open space or building restricted as necessary to ensure sensitive environmental resources are protected and conserved in perpetuity.
3. Do the regulations allow density transfers where hazard areas exist? X The Del Mar Municipal Code does not explicitly allow for a density transfer.
TABLE 4.2-3: FEMA LOCAL MITIGATION PLANNING HANDBOOK WORKSHEET 4.2 DATA CONTINUED.
Capital Improvement Program and Infrastructure Policies Yes No
1. Does the capital improvement program limit expenditures on projects that would encourage development in areas vulnerable to natural hazards? X
The City of Del Mar does not expend funds on projects that encourage development in areas vulnerable to hazards.
The CIP is reviewed for conformance with the Community (General) Plan, which as incorporated by reference identifies locations and facilities that are vulnerable to hazards and the City’s Adaptation Plan to minimize risk of hazards.
2. Do infrastructure policies limit extension of existing facilities and services that would encourage development in areas vulnerable to natural hazards? X
26 May 15, 2023 Item 09
SECTION FOUR | Review Community Capabilities
21 The City’s CIP is consistent with the City’s Community (General) Plan that identifies locations and facilities that are vulnerable to hazards and the City’s Adaptation Plan to minimize risk of hazards; and discourages new development and infrastructure in vulnerable locations.
3. Does the capital improvement program provide funding for hazard mitigation projects identified in the FEMA Mitigation Plan?
X
The City’s CIP is consistent with the Community (General) Plan, which is consistent with the FEMA Mitigation Plan and local Adaptation Plan. Projects on the current 10-year CIP include priority projects identified in the Adaptation Plan such as the Sand Compatibility Opportunistic Use Program (SCOUP), beach nourishment, living levee, and replacement of the Camino del Mar bridge over the San Dieguito Lagoon. These are projects with identified funding and/or identified grant opportunities to help fund these priority CIP projects.
Other Yes No
1. Do small area or corridor plans recognize the need to avoid or mitigation natural hazards?
X
The City’s Community (General) Plan recognizes the need to avoid or mitigate natural hazards and identifies opportunities within the Open Space Element and Safety Element for more fine grain environmental connections in specified small areas and habitat corridors. Further, the City’s Community (General) Plan Safety Element incorporates by reference the City’s Adaptation Plan and the supporting technical documents including the:
1) Sediment Management Plan to help maintain the public beach and environmental health of the Lagoon; and 2) Lagoon Habitat Migration Assessment, which identifies potential locations for the City to consider in the future to accommodate wetland habitat migration, if necessary, with increasing sea level rise and the associated mixing of ocean water within the freshwater Lagoon environs.
2. Does the building code contain provisions to strengthen or elevate construction to withstand hazard forces?
X
The City’s Community (General) Plan Safety Element, certified Local Coastal Program, and Del Mar Municipal Code, including the California Building Code, include policies and regulations applicable to the Floodplain contain provisions that require flood proofing or elevation of new construction in accordance with FEMA’s Floodplain Management standards as necessary to withstand flood hazards.
3. Do economic development or redevelopment strategies include provisions for mitigation natural hazards?
X
The City’s Community (General) Plan, certified Local Coastal Program, and Del Mar Municipal Code include provisions to facilitate and require mitigation and reduction of risk of natural hazards.
4. Is there an adopted evacuation and shelter plan to deal with emergencies from natural hazards?
X
The City has an Emergency Operations Plan to coordinate and facilitate response to emergencies, including those related to natural hazards. In addition, the City recently completed an evacuation plan in consultation with the City of San Diego Fire Department to facilitate the evacuation of properties located in the jurisdictions of the City of Del Mar and the City of San Diego along Crest Canyon and the San Dieguito Lagoon (Crest Canyon Evacuation Plan).
TABLE 4.2-4: FEMA LOCAL MITIGATION PLANNING HANDBOOK WORKSHEET 4.2 DATA CONTINUED.
4.3. National Flood Insurance Program (NFIP)
The City of Del Mar is a participant in the National Flood Insurance Program (NFIP) and develops capabilities for conducting flood mitigation activities. This section of the Plan describes each the City of Del Mar’s participation in the NFIP.
27 May 15, 2023 Item 09
SECTION FOUR | Review Community Capabilities
22 The information in Tables 4.3-1 and 4.3-2 below describe the City of Del Mar’s participation in and continued compliance with the NFIP and identified areas for improvement that could be potential mitigation actions.
NFIP Topic Source of Information Comments
Insurance Summary
How many NFIP policies are in the
community? What is the total
premium and coverage?
State NFIP Coordinator or
FEMA NFIP Specialist
• 242 NFIP policies
• Total premiums: $445,933
• Total coverage: $69,071,800
How many claims have been paid in
the community? What is the total
amount of paid claims? How many of
the claims were for substantial
damage?
FEMA NFIP or Insurance
Specialist
• Claims: 144
• Amount paid: $1,339,418
• Substantial damage: 4
How many structures are exposed to
flood risk within the community?
Community Floodplain
Administrator (FPA)
The City does not have this information
currently.
Describe any areas of flood risk with
limited NFIP policy coverage
Community FPA and
FEMA Insurance
Specialist
The City of Del Mar is vulnerable to flooding
in North Beach, which is a century-old beachlevel neighborhood where the flood risk is from San Dieguito River flooding and Pacific Ocean
flooding. The relative risk of flooding varies
depending on property location. The
westernmost portion of the beachfront
properties located between 18th Street and the
San Dieguito Lagoon river mouth are located
within the VE zone, which is a special flood
hazard area due to the associated risk of ocean
flooding in a 100-year flood. Portions of other
properties located within the northernmost
section of the North Beach neighborhood,
northernmost section of the North Commercial
Zone, and southernmost section of the State
Fairgrounds are located within the AE zone,
which is a special flood hazard area due to the
associated risk of river flooding in a 100-year
flood.
Staff Resources
Is the Community FPA or NFIP
Coordinator certified?
Community FPA
(Planning and Community
Development Director)
Yes
Isfloodplain management an
auxiliary function?
Community FPA Yes
28 May 15, 2023 Item 09
SECTION FOUR | Review Community Capabilities
23 Provide an explanation of NFIP
administration services(e.g., permit
review, GIS, education or outreach,
inspections, engineering capability)
Community FPA The City of Del Mar utilizes the FEMA FIRM map in effect to identify the floodway and
floodplain locations. The City utilizes policies
and zoning regulations (Floodway Zone and
Floodplain Overlay zone) to regulate
development that is vulnerable to flooding.
Proposed development within the floodplain
requires a Floodplain Development Permit
(FDP), which is a discretionary permit that
requires required findings and conditions of
approval in accordance with FEMA floodplain
management standards and the City’s certified
Local Coastal Program consistent with the
Coastal Act. Public notice of submitted
applications is required. FDP applications are
reviewed by planning and engineering staff
certification and/or training in floodplain
management.
What are the barriers to running an
effective NFIP program in the
community, if any?
Community FPA A challenge is that FEMA and the CA Coastal Commission utilize separate floodplain
management requirements and standards of
review. The main difference is that the Coastal
Commission prefers to consider projected sea
level rise through year 2100 as part of the
standard of review, despite the inherent
uncertainty associated with mid to late century
projections.
Compliance History
Is the community in good standing
with the NFIP?
State NFIP Coordinator,
FEMA NFIP Specialist,
community records
The City is in good standing with the NFIP.
Are there any outstanding compliance
issues (i.e., current violations)?
There are no outstanding compliance issues.
When was the most recent Community
Assistance Visit (CAV) or Community
Assistance Contact (CAC)?
2017
Is a CAV or CAC scheduled or needed? No
TABLE 4.3-1: FEMA LOCAL MITIGATION PLANNING HANDBOOK WORKSHEET 4.3 DATA.
NFIP Topic Source of Information Comments
Regulation
29 May 15, 2023 Item 09
SECTION FOUR | Review Community Capabilities
24 When did the community enter the
NFIP?
Community Status Book
http://www.fema.gov/
national-flood-insuranceprogram/national-floodinsurance-programcommunity-status-book August 15, 1983
Are the FIRMs digital or paper? Community FPA Both digital and paper.
Do floodplain development
regulations meet or exceed FEMA or
State minimum requirements? If so,
in what ways?
Community FPA The City’s regulations are more restrictive than the FEMA minimum requirements and
are consistent with the State’s minimum
requirements. This is because the City of Del
Mar is a coastal city that is subject to
compliance with the Coastal Act and
certification of its Local Coastal program by
the California Coastal Commission.
Provide an explanation of the
permitting process.
Community FPA, State,
FEMA NFIP
Proposed development within the floodplain
requires a Floodplain Development Permit
(FDP), which is a discretionary permit that
requires required findings and conditions of
approval in accordance with FEMA floodplain
management standards and the City’s certified
Local Coastal Program consistent with the
Coastal Act. Public notice of submitted
applications is required. FDP applications are
reviewed by planning and engineering staff
certification and/or training in floodplain
management.
Flood Insurance Manual
http://www.fema.gov/
flood-insurance-manual
Community FPA, FEMA
Community Rating System
(CRS) Coordinator,
International Organization
for Standardization (ISO)
representative
Community Rating System (CRS)
Doesthe community participate in
CRS?
Community FPA, State,
FEMA NFIP
No
What is the community’s CRS Class
Ranking?
Flood Insurance Manual
http://www.fema.gov/
flood-insurance-manual
N/A
What categories and activities
provide CRS points and how can the
class be improved?
N/A
Does the plan include CRS planning
requirements
Community FPA, FEMA
CRS Coordinator, ISO
representative
N/A
TABLE 4.3-2: FEMA LOCAL MITIGATION PLANNING HANDBOOK WORKSHEET 4.3 DATA CONTINUED.
30 May 15, 2023 Item 09
SECTION FIVE | Conduct a Risk Assessment
25 5. SECTION FIVE: Conduct a Risk
Assessment
The City of Del Mar Planning Team conducted a risk assessment to determine the potential impacts of hazards to the people, economy, and built and natural environments of the Del Mar community.
This risk assessment provides the foundation for the rest of the mitigation planning process, which is focused on identifying and prioritizing actions to reduce risk to hazards.
In addition to informing the mitigation strategy, the risk assessment also can be used to establish emergency preparedness and response priorities, for land use and comprehensive planning, and for decision making by elected officials, city and county departments, businesses, and organizations in the Del Mar community.
5.1. Hazards Summary
As shown in Tables 5.1-1 and 5.1-2, the Planning Team reviewed hazard maps and critical facility information and localized potential hazard/exposure/loss estimates provided by the County of San Diego, and then applied the criteria below to identify hazards with the most significant to the City.
Location (Geographic
Area Affected)
Maximum Probable Extent
(Magnitude/Strength)
Hazard Probability of Future
Events
Overall Significance
Ranking
Avalanche Negligible Weak Unlikely Low
Dam Failure Significant Moderate Unlikely Medium
Drought Extensive Severe Likely High
Earthquake Extensive Severe Likely High
Erosion Significant Severe Likely High
Expansive Soils Limited Moderate Occasional Medium
Extreme Cold Negligible Weak Unlikely Low
Extreme Heat Extensive Severe Occasional Medium
Flood Significant Severe Likely High
Hail Negligible Weak Unlikely Low
Hurricane Negligible Weak Unlikely Low
Landslide Limited Severe Occasional Medium
Lightning Negligible Weak Occasional Low
Sea Level Rise Significant Extreme Likely High
31 May 15, 2023 Item 09
SECTION FIVE | Conduct a Risk Assessment
26 Severe Wind Negligible Weak Occasional Low
Severe Winter Weather Negligible Weak Unlikely Low
Storm Surge Significant Moderate Likely Medium
Subsidence Negligible Weak Unlikely Low
Tornado Negligible Weak Unlikely Low
Tsunami Significant Severe Likely High
Wildfire Significant Severe Likely High
TABLE 5.1-1: FEMA LOCAL MITIGATION PLANNING HANDBOOK WORKSHEET 5.1 DATA.
Hazard Evaluation Criteria:
Location (Geographic Area Affected)
• Negligible: Less than 10 percent of planning area or isolated single-point occurrences • Limited: 10 to 25 percent of the planning area or limited single-point occurrences • Significant: 25 to 75 percent of planning area or frequent single-point occurrences • Extensive: 75 to 100 percent of planning area or consistent single-point occurrences Maximum Probable Extent (Magnitude/Strength based on historic events or future probability) • Weak: Limited classification on scientific scale, slow speed of onset or short duration of event, resulting in little to no damage
• Moderate: Moderate classification on scientific scale, moderate speed of onset or moderate duration of event, resulting in some damage and loss of services for days • Severe: Severe classification on scientific scale, fast speed of onset or long duration of event, resulting in devastating damage and loss of services for weeks or months • Extreme: Extreme classification on scientific scale, immediate onset or extended duration of event, resulting in catastrophic damage and uninhabitable conditions Hazard Scale / Index Weak Moderate Severe Extreme
Drought Palmer Drought Severity Index3 -1.99 to
+1.99
-2.00 to
-2.99
-3.00 to
-3.99
-4.00 and
below
Earthquake
Modified Mercalli Scale4 I to IV V to VII VII IX to XII Richter Magnitude5 2, 3 4, 5 6 7, 8
Hurricane
Wind
Saffir-Simpson Hurricane Wind
Scale6
1 2 3 4, 5
Tornado Fujita Tornado Damage Scale7 F0 F1, F2 F3 F4, F5 Probability of Future Events
32 May 15, 2023 Item 09
SECTION FIVE | Conduct a Risk Assessment
27 • Unlikely: Less than 1 percent probability of occurrence in the next year or a recurrence interval of greater than every 100 years.
• Occasional: 1 to 10 percent probability of occurrence in the next year or a recurrence interval of 11 to 100 years.
• Likely: 10 to 90 percent probability of occurrence in the next year or a recurrence interval of 1 to 10 years
• Highly Likely: 90 to 100 percent probability of occurrence in the next year or a recurrence interval of less than 1 year.
Overall Significance
• Low: Two or more criteria fall in lower classifications, or the event has a minimal impact on the planning area. This rating is sometimes used for hazards with a minimal or unknown record of occurrences or for hazards with minimal mitigation potential. • Medium: The criteria fall mostly in the middle ranges of classifications and the event’s impacts on the planning area are noticeable but not devastating. This rating is sometimes used for hazards with a high extent rating but very low probability rating. • High: The criteria consistently fall in the high classifications and the event is likely/highly likely to occur with severe strength over a significant to extensive portion of the planning area.
References
o Cumulative meteorological drought and wet conditions: http://ncdc.noaa.gov/ o Earthquake intensity and effect on population and structures: http://earthquake.usgs.gov o Earthquake magnitude as a logarithmic scale, measured by a seismograph:
http://earthquake.usgs.gov
o Hurricane rating based on sustained wind speed: http://nhc.noaa.gov o Tornado rating based on wind speed and associated damage: http://spc.noaa.gov Residential Commercial Critical Facilities
Hazard Type
Exposed
Population
Number of
Residential
Buildings
Potential
Exposure/Loss
for Residential
Buildings
(x$1,000)
Number of
Commercial
Buildings
Potential
Exposure/Loss
for
Commercial
Buildings
(x$1,000)
Number
of
Critical
Facilities
Potential
Exposure
for Critical
Facilities
(x$1,000)
Coastal Storm
/ Erosion
70 5 1,943 0 0 0 0
Sea Level Rise
790 52 20,207 9 2,721 4 25,730
Dam Failure
1,260 556 216,062 31 9,373 5 25,156
Earthquake
(Annualized
Loss- Includes
shaking,
liquefaction,
and landslide
components)
471 351 212,056 104 39,064 0 0
33 May 15, 2023 Item 09
SECTION FIVE | Conduct a Risk Assessment
28 Rose Canyon
M6.9 Scenario
3,965 2,001 $777,388,500 546 $165,083,100 13 $60,406,000 Flood (Loss)
100 Year
1,123 384 149,222 29 8,768 5 25,156
500 Year
1,228 475 184,585 36 10,885 5 25,156
Rain-Induced
Landslide
High Risk
0 0 0 0 0 0 0
Moderate Risk
0 0 0 0 0 0 0
Tsunami
1,173 532 206,735 25 7,559 5 25,156
Wildfire /
Structure Fire
High
940 255 99,068 8 2,419 1 6,670
Very High
3,555 340 132,124 249 75,285 0 0
TABLE 5.1-2 SUMMARY OF POTENTIAL HAZARD-RELATED EXPOSURE/LOSS IN DEL MAR Development Since 2018 Plan
The City of Del Mar tracks the number of building permits and certificates of occupancy issued annually. A summary of new residential development for the past five years is as follows:
• 2018 – 1
• 2019 – 1
• 2020 – 3
• 2021 – 6
• 2022 – 14 (accessory dwelling units on existing residential properties) As a built-out community with limited land available for residential and commercial development, Del Mar experienced minimal housing grown from 2018 to 2022. No new commercial development occurred during this period. Furthermore, any development that occurred in identified hazard areas were completed in accordance with all current and applicable development codes and standards and should be adequately protected. Thus, with the exception of slightly more people living in the city potentially exposed to natural hazards, this growth should not cause a significant change in vulnerability of the City to identified priority hazards.
Future Development
The 2010 U.S. Census reported that Del Mar’s population declined from 4,860 to 4,161 in 2010.
Despite prior tends, the San Diego Association of Governments (SANDAG) 2050 Regional Growth Forecast estimates that Del Mar’s population will experience forecasted growth reaching 4,672 by 2023 and 4,732 by 2050. Del Mar is the smallest incorporated jurisdiction by land area, population, and housing units within San Diego County. As a generally built out community with limited land available to accommodate new growth, Del Mar is expected to experience the lowest percentage of average annual growth compared to neighboring jurisdictions and other incorporated cities in San Diego County.
34 May 15, 2023 Item 09
SECTION FIVE | Conduct a Risk Assessment
29 Potential hazards related to new development have been analyzed in detail in the City’s Housing Element Programmatic Environmental Impact Report (PEIR). As summarized in that report, future development constructed under the Housing Element may involve the construction of new residential structures in a seismically active area (e.g., subject to earthquake, ground failure, or liquefaction). However, the potential hazards would be less than significant because of the existing regulatory framework related to seismic safety standards. For example, the City applies State and local permit requirements and regulations to new housing in areas identified in the Community Plan as having the greatest potential of ground failure to minimize risk of hazards (e.g., along the coastal bluffs and sea cliffs, areas of the Del Mar Foundation of Torrey Sandstone in which existing slopes exceed 25 percent, and terrace escarpments made up of colluvium and slope wash in Crest Canyon and on the northeast side of the Del Mar Hills).
In addition, any proposed development within “Special Flood Hazard Area” of the floodplain (locations in the City with one (1) percent chance of flooding within a given year) would be required to comply with the regulations in the City’s Floodplain Overlay Zone (Del Mar Municipal Code 30.56). Finally, future development projects within the City located in a fire hazard severity zone (e.g., mostly in the southern and eastern portions of the City), will be required to meet the applicable requirements and regulations of the California Fire Code to minimize the risk from wildfires.
High Priority Hazards
After reviewing the local hazard maps, exposure/loss estimates, and their overall significance rankings, the following hazards were identified by the City of Del Mar as the highest priorities for mitigation. A general profile for each of the high priority hazard is included below. Each hazard profile includes the nature of the hazard, impacts of the hazard, location/extent/magnitude of the hazard, and the probability of the hazard’s occurrence. • Rising or High-Water Events – Constant and historical. See details below. o Flood
Nature of the Hazard
A flood occurs when excess water from snowmelt, rainfall, or storm surge accumulates and overflows onto a river’s bank or to adjacent floodplains.
Floodplains are lowlands adjacent to rivers, lakes, and oceans that are subject to recurring floods. Most injuries and deaths from flood occur when people are swept away by flood currents, and property damage typically occurs because of inundation by sediment-filled water. Several factors determine the severity of floods, including rainfall intensity and duration. A large amount of rainfall over a short time span can result in flash flood conditions. A sudden thunderstorm or heavy rain, dam failure, or sudden spills can cause flash flooding. The National Weather Service’s definition of a flash flood is a flood occurring in a watershed where the time of travel of the peak of flow from one end of the watershed to the other is less than six hours.
There are no watersheds in San Diego County that have a longer response time than six hours. In this county, flash floods range from the stereotypical wall of water to a gradually rising stream. Since the City of Del Mar is located along the coastline 35 May 15, 2023 Item 09
SECTION FIVE | Conduct a Risk Assessment
30 and is bordered to the north and south by San Dieguito River and Lagoon and the Los Penasquitos Lagoon, respectively, it is most susceptible to flooding from these bodies of water during significant rain events and/or storm surge.
Hazard Impacts
Flooding kills more people than just about any weather-related hazard. Most deaths associated with floods occur either at night, or when people become trapped in automobiles that stall while driving in areas that are flooded. Flooding can also cause substantial property damage.
Location/Extent & Magnitude/Probability of Future Events Location: Significant – 25-75 percent of the City of Del Mar is likely to be affected during a large flood event given its proximity to the coastline, San Dieguito River and the San Dieguito and Los Penasquitos Lagoons.
Extent: Severe classification on the scientific scale and long duration of the event could result in the devastating damage and loss of services for weeks or months based on historical flooding.
Probability of Future Events: Likely – 10 to 90 percent probably of flooding in the next year or a recurrence interval of 1 to 10 years.
Overall Significance: High – the criteria above consistently fall in the high classifications and the event is likely to occur with severe strength over a significant portion of the City of Del Mar.
o Sea Level Rise
Nature of the Hazard
Sea Level Rise is an increase in sea level caused by a change in the volume of the world’s oceans and changes in local ground elevations. Sea level rise leads to increased frequency and depth of flooding in coastal areas.1 With up to two feet of sea level rise projected by 2050, low-lying areas could become inundated more frequently and with increasingly higher water levels. In addition, storm related flooding may reach further inland and occur more often2. Beaches and cliffs could also see increased erosion as they are exposed to more hours of high sea levels and wave action.3 The NOAA Sea Level Rise Viewer allows for planers to predict the impact of sea level rise over the next several decades. It can be found at https://coast.noaa.gov/digitalcoast/tools/slr.
Hazard Impacts
Hazard impacts can include but are not limited to flooding, asset/structure damage and/or collapses, injury, and death.
1 https://www.fema.gov/sites/default/files/documents/fema_coastal-glossary.pdf 2 San Diego’s Changing Climate: A Regional Wake-Up Call. A Summary of the Focus 2050 Study Presented by The San Diego Foundation
3 Ibid.
36 May 15, 2023 Item 09
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31 Location/Extent & Magnitude/Probability of Future Events Location: Significant – 25-75 percent of the City of Del Mar is likely to be affected by future sea level rise given its proximity to the coastline, San Dieguito River and the San Dieguito and Los Penasquitos Lagoons.
Extent: Extreme classification on the scientific scale and long duration of the event could result in the devastating damage and the permanent loss of beachfront property.
Probability of Future Events: Likely – Sea level rise and the associated impacts of coastal erosion and loss of beach sand is already happening and will continue to impact the Del Mar community for the next several decades.
Overall Significance: High – the criteria above consistently fall in the high classifications and the event is likely to occur with severe strength over a significant portion of the City of Del Mar.
o Tsunami
Nature of the Hazard
A tsunami is a series of long waves generated in the ocean by a sudden displacement of a large volume of water. Underwater earthquakes, landslides, volcanic eruptions, meteoric impacts, or onshore slope failures can cause this displacement. Tsunami waves can travel at speeds averaging 450 to 600 miles per hour. As a tsunami nears the coastline, its speed diminishes, its wavelength decreases, and its height increases greatly. After a major earthquake or other tsunami-inducing activity occurs, a tsunami could reach the shore within a few minutes. Some low-lying areas could experience severe inland inundation of water and deposition of debris more than 3,000 feet inland. Historically the impact of Tsunamis on the San Diego coastline has been low, but inundation maps developed by the California Office of Emergency Services and the California Geologic Survey show the potential for moderate damage along low-lying areas.
Hazard Impacts
Hazard impacts can include but are not limited to flooding, asset/structure damage and/or collapses, loss of resources such as utilities, injury, and death.
Location/Extent & Magnitude/Probability of Future Events Location: Significant – 25-75 percent of the City of Del Mar is likely to be affected by a tsunami given its proximity to the coastline, San Dieguito River and the San Dieguito and Los Penasquitos Lagoons.
Extent: Severe classification on the scientific scale and fast speed of onset could result in devastating damage and beachfront property damage.
Probability of Future Events: Likely – 10 to 90 percent probably of a tsunami in the next year or a recurrence interval of 1 to 10 years. 37 May 15, 2023 Item 09
SECTION FIVE | Conduct a Risk Assessment
32 Overall Significance: High – the criteria above consistently fall in the high classifications and the event is likely to occur with severe strength over a significant portion of the City of Del Mar.
• Wildfire – Periodic Santa Ana conditions and fuel loads in hillside areas and Crest Canyon.
Nature of Hazard
A wildfire is an uncontrolled fire spreading through vegetative fuels and exposing or possibly consuming structures. They often begin unnoticed and spread quickly. Naturally occurring and non-native species of grasses, brush, and trees fuel wildfires. UrbanWildland/Urban Interface fire is a wildfire in a geographical area where structures and other human development meet or intermingle with wildland or vegetative fuels. The hillside and Crest Canyon areas in the City of Del Mar are in the Wildland/Urban Interface.
Significant development in San Diego County is located along canyon ridges at the wildland/urban interface. Areas that have experienced prolonged droughts or are excessively dry are at risk of wildfires.
Hazard Impacts
Hazard impacts can include but are not limited to increased flooding risk over burn scar areas, environmental impacts/damage, air quality impacts, loss of resources such as utilities, asset/structure damage and/or total loss, injury, and death.
Location/Extent & Magnitude/Probability of Future Events Location: Significant – 25-75 percent of the City of Del Mar is likely to be affected by a wildfire given the City’s eastern hillside topography and proximity to the Crest Canyon Open Space Preserve, which has vegetative fuels.
Extent: Severe classification on the scientific scale and fast speed of onset could result in devastating damage to life and property.
Probability of Future Events: Likely – 10 to 90 percent probably of a wildfire in the next year or a recurrence interval of 1 to 10 years.
Overall Significance: High – the criteria above consistently fall in the high classifications and the event is likely to occur with severe strength over a significant portion of the City of Del Mar.
• Erosion– Constant and historical beach sand loss and coastal buff erosion. See details below.
Nature of Hazard
Coastal erosion is the wearing of coastal land. It is commonly used to describe the horizontal retreat of the shoreline along the ocean and is considered a function of larger processes of shoreline change, which include erosion and accretion. Erosion results when more sediment is lost along a particular shoreline than is deposited by the water body and is measured as a rate with respect to either a linear retreat or volumetric loss. Erosion rates are not uniform and vary over time at any single location. Various locations along the coast of San Diego County are highly susceptible to erosion, including the City of Del Mar. 38 May 15, 2023 Item 09
SECTION FIVE | Conduct a Risk Assessment
33 Erosion prevention and repair measures such as installation of seawalls and reinforcement of cliffs have been required in different locations along the San Diego coast in the past.
Coastal erosion risk is highest in the City of Del Mar where geologically unstable cliffs become over-saturated by irrigation or rainwater.
The risk/probability of coastal erosion in San Diego County is considered “Likely”. with the risk of damage from coastal erosion considered to be “Likely” and tsunami “Highly Likely”.
Hazard Impacts
Hazard impacts can include but are not limited to beach sand loss, asset/structure damage and/or collapses, injury, and death.
Location/Extent & Magnitude/Probability of Future Events Location: Significant – 25-75 percent of the City of Del Mar is likely to be affected by coastal erosion given the City’s 1.6 miles of coastal bluffs along the Pacific Ocean.
Extent: Severe classification on the scientific scale and fast speed of onset could result in devastating damage to life and property.
Probability of Future Events: Likely – Coastal erosion and loss of beach sand is already happening and will continue to impact the Del Mar community for the next several decades.
Overall Significance: High – the criteria above consistently fall in the high classifications and the event is likely to occur with severe strength over a significant portion of the City of Del Mar.
• Earthquake
Nature of the Hazard
An earthquake is a sudden motion or trembling that is caused by a release of strain accumulated within or along the edge of the Earth's tectonic plates. The effects of an earthquake can be felt far beyond the site of its occurrence. They usually occur without warning and, after just a few seconds, can cause massive damage and extensive casualties.
Common effects of earthquakes are ground motion and shaking, surface fault ruptures, and ground failure. Ground motion is the vibration or shaking of the ground during an earthquake.
Hazard Impacts
Earthquakes usually occur without warning and can quickly cause massive damage and extensive casualties. Other earthquake impacts include, but are not limited to, structure doors swinging, persons at risk of being struck by unstable/falling objects, cracks in building structures, persons having trouble controlling heavy machinery/motor vehicles that may pose a life safety risk, underground pipelines out of service, and large rock masses displaced. Several major active faults exist in San Diego County, including the Rose Canyon, La Nacion, Elsinore, San Jacinto, Coronado Bank and San Clemente Fault Zones. 39 May 15, 2023 Item 09
SECTION FIVE | Conduct a Risk Assessment
34 The Rose Canyon Fault Zone is part of the Newport-Inglewood fault zone, which originates to the north in Los Angeles, and the Vallecitos and San Miguel Fault Systems to the south in Baja California.
Location/Extent & Magnitude/Probability of Future Events Location: Extensive – 75-100 percent of the City of Del Mar is likely to be affected by an earthquake given the City’s proximity to the Rose Canyon Fault. The Rose Canyon Fault extends inland from La Jolla Cove, south through Rose Canyon, along the east side of Mission Bay, and out into San Diego Bay. The Rose Canyon Fault is considered the greatest potential threat to San Diego as a region, due to its proximity to areas of high population.
Extent: Severe classification on the scientific scale and fast speed of onset could result in devastating damage to life and property.
Probability of Future Events: Likely – 10 to 90 percent probability of an earthquake in the next year or a recurrence interval of 1 to 10 years.
Overall Significance: High – the criteria above consistently fall in the high classifications and the event is likely to occur with severe strength over a significant portion of the City of Del Mar.
• Drought
Nature of the Hazard
Drought is a slow-onset hazard that can last for months or years. As a hazard, it has the potential to impact many aspects of life, including drinking water and food. Because of the long duration of droughts, the impacts last for years and can ripple through a community over time. Severe droughts are projected for the coming decades and may increase incidences of other events, like wildfires. Warming temperatures statewide could result in reduced water supply for the San Diego region. Local water managers also report that higher temperatures could lead to increased demand for water for irrigation. Water shortages could become more frequent and more severe in the future, straining the local economy. The potential for drought in San Diego is highly likely. Severe droughts are projected for the coming decades and may increase incidences of other events like wildfires, which are threats to people, structures, and other community assets.
Hazard Impacts
As extreme drought periods become more frequent, the increase in slow, or chronic drought periods can cause long term and indirect health effects on people. Potential health effects include “compromised quantity and quality of drinking water, increased recreational risks, effects on air quality, diminished living conditions related to energy, air quality, and sanitation and hygiene, mental health effects related to economic and job losses, compromised food and nutrition and increased incidence of illness and disease” (Centers for Disease Control, 2022).
Location/Extent & Magnitude/Probability of Future Events 40 May 15, 2023 Item 09
SECTION FIVE | Conduct a Risk Assessment
35 Location: Extensive – 75-100 percent of the City of Del Mar is likely to be affected as extreme drought periods become more frequent in San Diego County.
Extent: Severe classification on the scientific scale and long duration of the event could result in devastating damage to life and property.
Probability of Future Events: Likely – 10 to 90 percent probably of drought conditions in the next year or a recurrence interval of 1 to 10 years.
Overall Significance: High – the criteria above consistently fall in the high classifications and the event is likely to occur with severe strength over a significant portion of the City of Del Mar.
41 May 15, 2023 Item 09
SECTION SIX | Develop a Mitigation Strategy
36 6. SECTION SIX: Develop a Mitigation
Strategy
The City of Del Mar’s mitigation strategy serves as the long-term blueprint for reducing potential losses identified in the risk assessment included in Section 5. The mitigation strategy describes how the City of Del Mar will accomplish the overall purpose, or mission, of the planning process.
The mitigation strategy is made up of three main required components: mitigation goals, mitigation actions, and an action plan for implementation. These provide the framework to identify, prioritize, and implement actions to reduce risk to hazards.
Mitigation goals are general guidelines that explain what the Del Mar community wants to achieve with the Plan. They are usually broad policy-type statements that are long-term, and they represent visions for reducing or avoiding losses from the identified hazards Mitigation actions are specific projects and activities that help achieve the goals.
The action plan describes how the mitigation actions will be implemented including how those actions will be prioritized, administered, and incorporated into the Del Mar community’s existing planning mechanisms.
6.1. Mitigation Action Evaluation
The Del Mar Planning Team used FEMA Worksheet 6.1 to help evaluate and prioritize each mitigation action under consideration. For each action, the potential benefits and/or likelihood of successful implementation were considered for the criteria defined below.
Each criterion was ranked with a -1, 0 or 1 using the following scale:
• 1 = Highly effective or feasible
• 0 = Neutral
• -1 = Ineffective or not feasible
Example Evaluation Criteria:
• Life Safety – How effective will the action be at protecting lives and preventing injuries? • Property Protection – How significant will the action be at eliminating or reducing damage to structures and infrastructure?
• Technical – Is the mitigation action technically feasible? Is it a long-term solution? Eliminate actions that, from a technical standpoint, will not meet the goals. • Political – Is there overall public support for the mitigation action? Is there the political will to support it?
• Legal – Does the community have the authority to implement the action? • Environmental – What are the potential environmental impacts of the action? Will it comply with environmental regulations?
42 May 15, 2023 Item 09
SECTION SIX | Develop a Mitigation Strategy
37 • Social – Will the proposed action adversely affect one segment of the population? Will the action disrupt established neighborhoods, break up voting districts, or cause the relocation of lower income people?
• Administrative – Does the community have the personnel and administrative capabilities to implement the action and maintain it or will outside help be necessary? • Local Champion – Is there a strong advocate for the action or project among local departments and agencies that will support the action’s implementation? • Other Community Objectives – Does the action advance other community objectives, such as capital improvements, economic development, environmental quality, or open space preservation? Does it support the policies of the comprehensive plan? Mitigation Action Life
Safety
Property
Protection
Technical Political Legal Environ
mental
Social Admini
strative
Local
Champion
Other
Community
Objectives
Total
Score
Local Plans and Regulations
Action 4: Continue to implement, and update as needed, the Crest Canyon Evacuation Plan that provides for the safe and orderly evacuation of community members and visitors who live and or are visiting the communities and neighborhoods that surround the Crest Canyon in the event of a wildfire (supports Goal 2). 1 0 1 1 1 1 1 1 1 0 8
Action 11: Update the City’s Emergency Operations Plan to bring it in alignment with current emergency planning standards (support Goals 1-3).
1 1 1 1 1 1 0 1 1 1 9
Action 12: Update the City’s Safety Element in accordance with the State law requirement that requires an update with each Housing Element Cycle (supports Goals 1-3).
1 1 1 0 1 1 1 1 1 1 9
Action 10: Review building codes to reflect current earthquake, fire, ad wind standards annually and update as necessary (supports Goal 3).
1 1 1 1 1 1 1 1 0 0 8
Structure and Infrastructure Projects
Action 1: Complete the design, engineering, and environmental permitting to replace the Camino del Mar Bridge over the San Dieguito River to accommodate anticipated sea level rise (supports Goal 1). 1 0 1 1 1 1 0 1 1 1 8
Action 7: Complete the design for the Jimmy Durante Boulevard Bluff Repair Project and construct permanent improvements to protect Jimmy Durante Boulevard from future bluff slides (supports Goal 3). 1 1 1 1 1 1 0 1 1 1 9
Action 8: Continue to support SANDAG’s regional effort to relocate the train tracks off the Del Mar Bluffs to an inland location (supports Goal 3).
43 May 15, 2023 Item 09
SECTION SIX | Develop a Mitigation Strategy
38 1 0 0 1 1 0 0 0 1 1 5
Action 9: Continue to support SANDAG’s efforts to stabilize portions of the coastal bluffs in the City of Del Mar. Phase 5 is currently funded through construction and will address additional seismic and general stabilization needs, install additional support columns, and replace more aging drainage structures. Phase 6 will continue to provide long-term rehabilitation and stabilization work, including protecting the base of the bluffs against additional bluff retreat (supports Goal 3). 1 0 0 1 1 0 0 0 1 1 5
Natural Systems Protection
Action 5: Continue to implement mitigation measures to enhance protection of homes along Crest Canyon and the wildland urban interface (WUI) like the City’s annual Fuel Reduction Program (supports Goal 2). 1 1 1 1 1 1 1 0 0 1 8
Action 2: Complete the permitting for the City’s Sand Compatibility Opportunistic Use Program (SCOUP) to allow the City to accept beach quality sand more readily for beach nourishment efforts when available (supports Goal 1). 0 1 1 1 1 1 1 0 1 1 8
Action 3: Prepare a conceptual plan for a living levee along the banks of the San Dieguito River as an adaptation measure to reduce flood risk consistent with the City’s adopted Sea Level Rise Adaptation Plan and Community (General) Plan Safety Element (supports Goal 1).
0 1 1 1 1 1 1 0 1 1 8
Education and Awareness Programs
Action 13: Educate the public to increase awareness of the City’s priority hazards and mitigation actions by hosting periodic community meetings, giving Council presentations, sending electronic notifications, and making updates to the City’s website (supports Goals 1-3).
1 1 1 1 1 1 1 0 0 1 8
Action 6: Assist the community in adapting to more frequent and intense droughts by encouraging drought tolerant landscaping or xeriscape practices, promoting the use of reclaimed water for all landscaping efforts, where available and feasible, and supporting regional groundwater recycling efforts (supports Goal 2). 1 1 1 1 1 1 1 1 0 0 8
TABLE 6.1-1: FEMA LOCAL MITIGATION PLANNING HANDBOOK WORKSHEET 6.1 DATA.
6.2. Mitigation Action Implementation
A mitigation action is a specific action, project, activity, or process taken to reduce or eliminate long-term risk to people and property from hazards and their impacts. Implementing mitigation actions helps achieve the Plan’s mission and goals. The actions to reduce vulnerability to threats and hazards form the core of the Plan and are a key outcome of the planning process.
The Del Mar Planning Team developed three overarching goals to reduce vulnerability to threats and hazards and are a key outcome of the planning process described above. Each goal includes a subset of corresponding mitigation actions. Each mitigation action was assigned to a City Department(s) that will have responsibility for implementation. The potential funding source(s) 44 May 15, 2023 Item 09
SECTION SIX | Develop a Mitigation Strategy
39 and general timeline for all the mitigation actions will extend five years from 2022 until the next Hazard Mitigation Plan update in 2026-2027. Specific mitigation action timelines are included below. For more information on potential funding sources and grants, please see the County of San Diego Multi-jurisdictional Hazard Mitigation Base Plan, Section 6.2.
The City of Del Mar does not use the Hazard Mitigation Plan (Plan) as a budget planning document. Instead, the Del Mar City Council approves an annual work plan that prioritizes City actions or projects for inclusion in the City’s adopted two-year fiscal budget. During the development of the City’s two-year budget, the scope and cost for each item on the City’s work plan, including the mitigation actions identified below, are carefully considered and approved by the City Council. Funding sources for the mitigation actions include the City’s General Fund, grants, and/or private donations.
The following 13 mitigation actions have been prioritized by the Del Mar City Council and are in the City’s current work plan, although not all actions are fully funded. These actions are acceptable and realistic actions to mitigate the highest priority hazards identified by the Del Mar Planning Team. The prioritized actions below reflect progress in local mitigation efforts as well as changes in development.
❖ Goal 1: Reduce the possibility of damage and losses to existing assets, particularly people, critical facilities/infrastructure, and City-owned facilities, due to coastal flooding, noncoastal flooding, erosion, sea level rise, and/or tsunami. ➢ Action 1: Complete the design, engineering, and environmental permitting to replace the Camino del Mar Bridge over the San Dieguito River to accommodate anticipated sea level rise.
▪ Department(s): Public Works, Planning and Community Development, City Manager’s Office
▪ Potential Funding Source: General Fund, County of San Diego ($3.5 million), State funding ($2.2 million), Federal Highway Bridge Program (89 percent of total project cost)
▪ Implementation Timeline: Complete permitting and final design by 2025 and construction by 2028
▪ Hazard(s) Addressed: Sea Level Rise, Coastal Flooding, Tsunami ➢ Action 2: Complete the permitting for the City’s Sand Compatibility Opportunistic Use Program (SCOUP) to allow the City to accept beach quality sand more readily for beach nourishment efforts when available.
▪ Department(s): Planning and Community Development
▪ Potential Funding Source: General Fund, grants
▪ Implementation Timeline: Fall 2023
▪ Hazard(s) Addressed: Sea Level Rise, Coastal Flooding, Tsunami 45 May 15, 2023 Item 09
SECTION SIX | Develop a Mitigation Strategy
40 ➢ Action 3: Prepare a conceptual plan for a living levee along the banks of the San Dieguito River as an adaptation measure to reduce flood risk consistent with the City’s adopted Sea Level Rise Adaptation Plan and Community (General) Plan Safety Element. ▪ Department(s): Planning and Community Development
▪ Potential Funding Source: General Fund, grants
▪ Implementation Timeline: End of Fiscal Year 2023-2024 ▪ Hazard(s) Addressed: Sea Level Rise, Non-Coastal Flooding, Tsunami ❖ Goal 2: Reduce the possibility of damage and losses to existing assets, particularly people, critical facilities/infrastructure, and City-owned facilities, due to wildfires/structure fire and drought.
➢ Action 4: Continue to implement, and update as needed, the Crest Canyon Evacuation Plan that provides for the safe and orderly evacuation of community members and visitors who live and or are visiting the communities and neighborhoods that surround the Crest Canyon in the event of a wildfire.
▪ Department(s): Fire Department, City Manager’s Office ▪ Potential Funding Source: General Fund, grants
▪ Implementation Timeline: Ongoing, plan to be revisited and updated based on changes from future development
▪ Hazard(s) Addressed: Wildfire
➢ Action 5: Continue to implement mitigation measures to enhance protection of homes along Crest Canyon and the wildland urban interface (WUI) like the City’s annual Fuel Reduction Program.
▪ Department(s): Fire Department, City Manager’s Office ▪ Potential Funding Source: General Fund
▪ Implementation Timeline: Ongoing
▪ Hazard(s) Addressed: Wildfire
➢ Action 6: Assist the community in adapting to more frequent and intense droughts by encouraging drought tolerant landscaping or xeriscape practices, promoting the use of reclaimed water for all landscaping efforts, where available and feasible, and supporting regional groundwater recycling efforts.
▪ Department(s): Public Works, City Manager’s Office
▪ Potential Funding Source: General Fund
▪ Implementation Timeline: Ongoing
46 May 15, 2023 Item 09
SECTION SIX | Develop a Mitigation Strategy
41 ▪ Hazard(s) Addressed: Drought
❖ Goal 3: Reduce the possibility of damage and losses to existing assets, particularly people, critical facilities/infrastructure, and City-owned facilities, due to geological hazards including erosion, landslides and/or earthquakes. ➢ Action 7: Complete the design for the Jimmy Durante Boulevard Bluff Repair Project and construct permanent improvements to protect Jimmy Durante Boulevard from future bluff slides
▪ Department: Public Works, Planning and Community Development ▪ Potential Funding Source: General Fund, City’s property insurance (covers City’s cost above $500,000 and up to property’s original condition) ▪ Implementation Timeline: End of 2023 to complete design and construction ▪ Hazard(s) Addressed: Erosion
➢ Action 8: Continue to support SANDAG’s regional effort to relocate the train tracks off the Del Mar Bluffs to an inland location.
▪ Department: City Manager’s Office, Planning and Community Development ▪ Potential Funding Source: SANDAG, State funding, Federal funding ($300 million secured to complete initial studies and environmental permitting) ▪ Implementation Timeline: 2035 to complete construction ▪ Hazard(s) Addressed: Erosion
➢ Action 9: Continue to support SANDAG’s efforts to stabilize portions of the coastal bluffs in the City of Del Mar. Phase 5 is currently funded through construction and will address additional seismic and general stabilization needs, install additional support columns, and replace more aging drainage structures. Phase 6 will continue to provide long-term rehabilitation and stabilization work, including protecting the base of the bluffs against additional bluff retreat.
▪ Department(s): City Manager’s Office, Planning and Community Development ▪ Potential Funding Source: SANDAG ($65 million)
▪ Implementation Timeline: 2023-2026 to complete construction ▪ Hazard(s) Addressed: Erosion, Sea Level Rise
➢ Action 10: Review building codes to reflect current earthquake, fire, and wind standards annually and update as necessary.
▪ Department(s): Planning and Community Development
▪ Potential Funding Source: General Fund
47 May 15, 2023 Item 09
SECTION SIX | Develop a Mitigation Strategy
42 ▪ Implementation Timeline: Ongoing
▪ Hazard(s) Addressed: Earthquake
The Del Mar Planning team also identified the following three mitigation actions that support all three goals.
➢ Action 11: Update the City’s Emergency Operations Plan to bring it in alignment with current emergency planning standards.
▪ Department(s): City Manager’s Office, Fire Department ▪ Potential Funding Source: General Fund, grants
▪ Implementation Timeline: Ongoing
▪ Hazard(s) Addressed: All
➢ Action 12: Update the City’s Safety Element in accordance with the State law requirement that requires an update with each Housing Element Cycle. ▪ Department(s): Planning and Community Development
▪ Potential Funding Source: General Fund, grants
▪ Implementation Timeline: Ongoing
▪ Hazard(s) Addressed: All
➢ Action 13: Educate the public to increase awareness of the City’s priority hazards and mitigation actions by hosting periodic community meetings, giving Council presentations, sending electronic notifications, and making updates to the City’s website. ▪ Department(s): All
▪ Potential Funding Source: General fund, grants
▪ Implementation Timeline: Ongoing
▪ Hazard(s) Addressed: All
48 May 15, 2023 Item 09
43 7. SECTION SEVEN: Keep the Plan
Current
Hazard Mitigation Plan maintenance is the process the Del Mar Planning Team establishes to track the Plan’s implementation progress and to inform the plan update. The Plan must include a description of the method and schedule for monitoring, evaluating, and updating it within a 5-year cycle. These procedures help to:
• Ensure that the mitigation strategy is implemented according to the Plan. • Provide the foundation for an ongoing mitigation program in your community. • Standardize long-term monitoring of hazard-related activities. • Integrate mitigation principles into community officials’ daily job responsibilities and department roles.
• Maintain momentum through continued engagement and accountability in the Plan’s progress.
Hazard Mitigation Plan updates provide the opportunity to consider how well the procedures established in the previously approved plan worked and revise them as needed. This annex is part of the most recent San Diego County Multi-Jurisdictional Hazard Mitigation Plan update. The plan was last updated in 2018. See the San Diego County Multi-Jurisdictional Hazard Mitigation Plan for more information.
7.1. Mitigation Action Progress
Plan monitoring means tracking the implementation of the plan over time. The City of Del Mar participated in the development of the San Diego County Multi-Jurisdictional Hazard Plan in 2018.
However, the City has other planning documents it uses to track progress on various hazard mitigation efforts including the Community (General) Plan; Climate Action Plan; Crest Canyon Evacuation Plan; Coastal Hazards Analysis, Vulnerability, And Risk Assessment; Sea Level Rise Adaptation Plan; as well as the City Council’s approved annual work plan.
The Del Mar Planning Team used some of these documents to inform the 2018 Hazard Mitigation Plan; however, active monitoring and implementation of those plans occurs on a regular basis through processes outside the 5-year Hazard Mitigation Planning cycle. For the 2022 Hazard Mitigation Plan update, the Del Mar Planning Team reviewed the priority actions identified in 2018 Plan and determined they were either complete, no longer being worked on, or not a priority.
To ensure improved Hazard Mitigation Plan action monitoring moving forward, beginning with the 2022 Plan update, the Del Mar Planning streamlined the mitigation goals and actions to only include those that are currently being worked on or have been prioritized by the City Council but are not fully funded. This will allow the Planning Team to easily track the implementation of the mitigation actions during the next 5-year cycle.
Status of Priority Mitigation Actions from 2018 Plan
49 May 15, 2023 Item 09
44 2018 Priority Mitigation Actions Current Status
Priority Action #1:
Review, update, and seek adoption of previously prepared Flood Hazard Mitigation Plan
Complete.
Priority Action #2:
Protect existing assets with the highest relative vulnerability to the effects of geological hazards. Continue efforts to relocate the train tracks off the coastal bluff region. Retrofit the Camino Del Mar Bridge over San Dieguito River. Pursue funding to retrofit the Jimmy Durante/Camino Del Mar Bridge over railroad). Reconstruct City Hall with Essential Facility Designation and backup generator.
Monitor existing protective measures to assure continued improvement and effectiveness in addressing the effects of geological hazards local land mass and infrastructure.
Efforts to relocate the train tracks off the
coastal bluffs are ongoing. This is a longterm project led by SANDAG and supported by the City. SANDAG recently
received $300 million in Federal funding
to complete the initial studies and
environmental permitting. This action has
been carried forward into the 2022 Plan
update as Priority Action #8 with a target
completion date of 2035.
Federal, State, and local funding for the
Camino del Mar Bridge Replacement
Project has been secured. This action has
been carried forward into the 2022 Plan
update as Priority Action #1 with a target
completion date of 2028.
Efforts to secure funding to retrofit the
Jimmy Durante/Camino Del Mar Bridge
are ongoing.
The redevelopment of City Hall is
complete. The new Del Mar Civic Center
includes battery backup and an emergency
generator to support the City’s Emergency
Operations Center.
Priority Action #3:
Coordinate with and support existing efforts to mitigate wildfire hazards (e.g., County of San Diego and State of California).
Implement mitigation measures to enhance protection of homes along and in the Crest Canyon area and the wild land/urban interface. Work in conjunction and cooperation with the applicable regulatory governmental agencies. Coordinate with other agencies to ensure consistency among standards.
This effort is ongoing and has been
enhanced with the development of the
Crest Canyon Wildfire Evacuation Plan.
Continued implementation and updating of
that plan has been carried forward into the
2022 Plan update as Priority Action #4.
The plan will be updated as needed based
on changes from future development.
Priority Action #4:
Upgrade to Next Generation Regional Communications System (RCS). The RCS was placed in service in 1998 and is approaching the end of its useful life, after which the County will no longer be able to support and maintain the system. The Next Generation RCS will provide improved communication capabilities.
Complete.
Priority Action #5:
Develop a comprehensive approach to reducing the possibility of damage and losses due to other manmade hazards. Coordinate with other agencies on training and planning for terrorist-related activities. Maintain communications links with regards to threat assessments and dissemination of information.
This effort is ongoing and incorporated
into the City’s emergency preparedness
operations. City staff regulatory attend
emergency management meetings and
trainings led by the County of San Diego’s
Office of Emergency Services.
Priority Action #6:
Address the lack of information about relative vulnerability of assets from floods. Work with regional agencies and state agencies (OES, SanGIS) to accurately map affected areas. Share and train acquired information with all City departments and personnel.
This effort is ongoing and incorporated
into the City’s daily operations.
50 May 15, 2023 Item 09
45 Coordinate with neighboring jurisdictions on joint training opportunities between staffs.
Priority Action #7:
Protect existing assets with the highest relative vulnerability to the effects of other manmade hazards. Evaluate access levels to public facilities; restrict access where necessary. Evaluate infrastructure and facilities for additional security measures as required.
Coordinate with neighboring jurisdictions to address vulnerable assets (i.e., gas lines).
This effort is ongoing and incorporated
into the City’s daily operations.
Priority Action #8:
Monitor and publicize the effectiveness of mitigation actions implemented locally. Utilize City newsletter, press releases, and public meetings. Train and review with staff implemented programs as part of regular training.
This effort is ongoing and incorporated
into the City’s daily operations.
Priority Action #9:
Discourage activities that exacerbate hazardous conditions. Make hazard mitigation part of the planning and approval process.
Enhance Code Enforcement activities targeting these conditions.
This effort is ongoing and incorporated
into the City’s daily operations.
Priority Action #10:
Work with the Sustainability Advisory Board to implement policies and programs that promote hazard mitigation measures relevant to the city’s most vulnerable assets.
This effort is ongoing and incorporated
into the City’s daily operations.
Priority Action #11:
Prepare and process a Vulnerability Assessment, Adaptation Plan, and associated Local Coastal Program Amendment (LCPA) with strategies to address coastal resiliency and sea level rise-related impacts.
The City has completed the Vulnerability
Assessment, which includes the
development of a Coastal Hazards
Vulnerability and Risk Assessment and
Addendum, Sea Level Rise Adaptation
Plan, Sediment Management Plan, and
Wetland Habitat Migration Assessment.
The City has also adopted a Local Coastal
Program Amendment package that
includes these plans.
7.2. Plan Update Evaluation
Tables 7.2-1 and 7.2-2 below include evaluation information from the City of Del Mar Planning Team on the Hazard Mitigation Plan update process.
Plan Section Considerations Explanation
Planning
Process
Should new jurisdictions and/or
districts be invited to participate in
future updates?
Yes.
Have any internal or external agencies
been invaluable to the mitigation
strategy?
Yes, the County of San Diego’s Office of Emergency
Services.
Can any procedures (e.g., meeting
announcements, plan updates) be done
differently or more efficiently?
Yes. For the next update, it would be helpful to receive a template for updating the annex at the beginning of the update process.
51 May 15, 2023 Item 09
46 Hasthe Planning Team undertaken
any public outreach activities?
Yes, by the County’s Office of Emergency Services.
How can public participation be
improved?
It is important to note that the City of Del Mar conducted extensive public outreach on the planning documents (e.g., Sea Level Rise Adaptation Plan, Crest Canyon Evacuation Plan, Climate Action Plan, etc.) that were used to inform this Plan and will continue to do so for future updates.
Have there been any changes in public
support and/or decision- maker
priorities related to hazard mitigation?
No, but there has been greater community concern of
wildfire hazards and impacts to coastal properties from sea level rise.
Capability
Assessment
Have jurisdictions adopted new
policies, plans, regulations, or reports
that could be incorporated into this
plan?
Yes, the Crest Canyon Evacuation Plan was presented to
the Del Mar City Council in March 2022. The City has also completed a Coastal Hazards, Vulnerability, and Risk
Assessment and Seal Level Rise Adaptation Plan.
Are there different or additional
administrative, human, technical, and
financial resources available for
mitigation planning?
No, but the City is applying for grant funding to support its Sand Compatibility Opportunistic Use Program (SCOUP).
Also, the City is working with its lobbyist to get Federal funding for several mitigation action efforts, including the Camino del Mar Bridge Replacement Project.
Are there different or new education
and outreach programs and resources
available for mitigation activities?
No.
Has NFIP participation changed in the
participating jurisdictions?
No.
Risk
Assessment
Has a natural and/or technical or
human-caused disaster occurred?
Yes, the City experienced a bluff failure/slide along Jimmy Durante Blvd. in 2018 that impacted private and public
property and several coastal bluff failures along the Del Mar Bluffs adjacent to the railroad tracks. Those bluff failure resulted in suspended train service and several emergency repairs by SANDAG and the North County
Transit District.
Should the list of hazards addressed in
the plan be modified?
No, the hazards identified in this plan are up to date and prioritized.
Are there new data sources and/or
additional maps and studies available?
If so, what are they and what have they
revealed? Should the information be
incorporated into future updates?
No.
Do any new critical facilities or
infrastructure need to be added to the
asset lists?
No.
52 May 15, 2023 Item 09
47 Have any changes in development
trends occurred that could create
additional risks?
The City has seen an increase in the number of Accessory Dwelling Units (ADUs) proposed and constructed since
2020. In accordance with State law, this means that
residential lots can end up with an additional two units per lot if developed as ADUs.
Are there repetitive losses and/or
severe repetitive lossesto document?
Yes. As noted in Table 15 of the County of San Diego’s
Base Plan, there are 15 residential repetitive loss properties located in the City of Del Mar. There are no (0) severe repetitive loss properties and no (0) mitigated properties.
TABLE 7.2-1: FEMA LOCAL MITIGATION PLANNING HANDBOOK WORKSHEET 7.2 DATA.
Plan Section Considerations Explanation
Mitigation
Strategy
Is the mitigation strategy being
implemented as anticipated? Were the
cost and timeline estimates accurate?
Yes, however, the City does not use the Hazard Mitigation Plan as a budget planning document. Instead, the Del Mar City Council approves an annual work plan that prioritizes City actions or projects for inclusion in the City’s adopted two-year fiscal budget. Furthermore, active monitoring and implementation of the mitigation actions included in the Plan occurs on a regular basis through processes outside the 5-year Hazard Mitigation Planning cycle, as discussed in Section 7.1.
Should new mitigation actions be
added to the Action Plan? Should
existing mitigation actions be revised
or eliminated from the plan?
Yes, as discussed in Section 7.1, Del Mar Planning Team reviewed the priority actions identified in 2018 Plan and determined they were either complete, no longer being
worked on, or not a priority. To ensure improved Hazard Mitigation Plan action monitoring moving forward,
beginning with the 2022 Plan update, the Del Mar Planning streamlined the mitigation goals and actions to only include those that are currently being worked on or have been
prioritized by the City Council but are not fully funded.
This will allow the Planning Team to easily track the
implementation of the mitigation actions during the next 5- year cycle.
Are there new obstacles that were not
anticipated in the plan that will need to
be considered in the next plan update?
No.
Are there new funding sourcesto
consider?
Yes, Federal infrastructure funding and potential grant funds from the State for climate action planning and
adaptation.
Have elements of the plan been
incorporated into other planning
mechanisms?
Yes, the City’s Hazard Mitigation Plan is being
incorporated into the City’s Safety Element in accordance with the State law requirement that requires an update with each Housing Element Cycle.
Was the plan monitored and evaluated
as anticipated?
Yes.
53 May 15, 2023 Item 09
48 Plan
Maintenance
Procedures
What are needed improvements to the
procedures?
None currently.
TABLE 7.2-2: FEMA LOCAL MITIGATION PLANNING HANDBOOK WORKSHEET 7.2 DATA CONTINUED.
7.3. Incorporation into Existing Planning Mechanisms
Another important implementation mechanism that is highly effective and low-cost is incorporation of the 2022 Hazard Mitigation Plan updates into other City plans and operations, where appropriate and feasible. Where possible, the Del Mar Planning Team will use existing plans and/or programs to implement hazard mitigation actions. As previously stated in Section
7.1, the City already implements policies and programs to reduce losses to life and property from hazards. The 2022 Plan update builds upon the momentum developed through previous City planning efforts and mitigation programs and recommends implementing actions, where possible, through these other plans and programs. These existing plans and programs include:
• Community (General) Plan and Safety Element
• Emergency Operations Plan
• Climate Action Plan
• Crest Canyon Evacuation Plan
• Coastal Hazards Analysis, Vulnerability, And Risk Assessment • Sea Level Rise Adaptation Plan
• City Council’s Approved Annual Work Plan
The Del Mar Planning Team involved in implementing these plans and programs will be responsible for integrating the findings and recommendations of this 2022 Plan update those documents and programs, as appropriate. As described in Section 7.1, incorporation into existing plans will be done through the routine actions of:
• Monitoring other planning/program items going before the City Council; • Attending other planning/program meetings;
• Participating in Executive Team meetings; and
• Participating in the development of the City’s two-year budget process.
The successful implementation of this mitigation strategy will require constant and vigilant review of existing plans and programs for coordination and multi-objective opportunities that promote a safe, sustainable community. For example, the City will consider incorporating the 2022 Plan update into the City’s Safety Element of the Community Plan, as recommended by Assembly Bill 2140.
Efforts should continuously be made to monitor the progress of mitigation actions implemented through these other planning mechanisms and, where appropriate, their priority actions should be incorporated into updates of this hazard mitigation plan. 54 May 15, 2023 Item 09
U.S. Department of Homeland Security
FEMA Region IX
1111 Broadway, Suite 1200
Oakland, CA 94607-4052
www.fema.gov
April 24, 2023
Nicholas Zubel
Senior Emergency Services Coordinator
County of San Diego Office of Emergency Services
5580 Overland Ave, Ste. 100
San Diego, CA 92123
Dear Nicholas Zubel:
The San Diego County Multi-Jurisdictional Hazard Mitigation Plan has been amended to include the following jurisdictions as official planning participants:
City of Coronado
City of Del Mar
City of El Cajon
City of Escondido
City of Encinitas
City of Imperial Beach
City of Poway
City of San Diego
City of Santee
City of Lemon Grove
Otay Water District
Padre Dam Municipal Water District
San Diego Unified Port District
Sweetwater Authority
These new jurisdictions must submit an adoption resolution to FEMA in order to be considered fully approved.
FEMA’s approval of the San Diego County Multi-Jurisdictional Hazard Mitigation Plan remains for a period of five years from the original approval date of March 31, 2023 for all approved participants. An updated list of the status of current participating jurisdictions is enclosed with this letter.
ATTACHMENT C
55 May 15, 2023 Item 09
San Diego County Hazard Mitigation Plan Amendment Notice April 24, 2023
If you have any questions regarding the planning or review processes, please contact the FEMA Region 9 Hazard Mitigation Planning Team at [email protected]. Sincerely, Alison Kearns
Planning and Implementation Branch Chief
Mitigation Division
FEMA Region 9
Enclosures (2)
San Diego County Amended Plan Review Tool, dated April 24, 2023 Status of Participating Jurisdictions, dated April 24, 2023 cc: Ron Miller, Mitigation Quality Assurance Division Chief, California Governor’s Office of Emergency Services
Robyn Fennig, Planning Division Chief, California Governor’s Office of Emergency Services
Victoria LaMar-Haas, Hazard Mitigation Planning Chief, California Governor’s Office of Emergency Services
56 May 15, 2023 Item 09
San Diego County Hazard Mitigation Plan Amendment Notice April 24, 2023
Status of Participating Jurisdictions as of April 24, 2023 Jurisdictions – Adopted and Approved
# Jurisdiction Date of Adoption
1 San Diego County February 7, 2023
2 City of National City March 21, 2023
3 San Diego County Water Authority (SDCWA) March 23, 2023 Jurisdictions – Approvable Pending Adoption
# Jurisdiction
1 City of Coronado
2 City of Del Mar
3 City of El Cajon
4 City of Encinitas
5 City of Escondido
6 City of Imperial Beach
7 City of La Mesa
8 City of Lemon Grove
9 City of Poway
10 City of San Diego
11 City of Santee
12 Otay Water District
13 Padre Dam Municipal Water District
14 San Diego Unified Port District
15 Sweetwater Authority
16 Vista Irrigation District
57 May 15, 2023 Item 09
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Joshua Gordon, Fire Chief
Via Ashley Jones, City Manager
DATE: May 15, 2023
SUBJECT: Acceptance of 2022 State Homeland Security Program Grant Funds REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Accept $6,909 in grant funds from the Fiscal Year 2022 State Homeland Security Program (SHSP) for the purchase of a thermal imaging camera and rescue saws with additional chain for the Del Mar Fire Department; and 2) Authorize the City Manager to execute the necessary grant documents.
BACKGROUND:
The City of Del Mar is eligible for $6,909 in Fiscal Year 2022 SHSP federal grant funds through the County of San Diego. Copies of the award letter (Attachment A) and approved grant allocation (Attachment B) are included with this report. SHSP grant funds can only be expended on equipment authorized for purchase by the Department of Homeland Security.
DISCUSSION/ANALYSIS:
Staff proposes that the SHSP grant funds be used towards the purchase of a thermal imaging camera and rescue saws with additional chain for the Del Mar Fire Department.
Thermal imaging cameras are one of the most important pieces of fire suppression equipment that a firefighter relies on in a hazardous environment and are a vital tool used to find unconscious victims or fallen firefighters in smoke filled rooms, pinpoint the source of fires, and detect structural dangers before they cause injury or death. They also allow responders to access important information and improve reconnaissance when responding to a variety of situations requiring night vision, forcible entry, and exposure to immediate dangerous environments.
A rescue chainsaw is one of the most used pieces of equipment in the fire service. The versatility in using wood or carbide chains allows a firefighter to cut through a variety of materials to gain access in forcible entry, cut debris blocking roadways, and cut through building roofing material to ventilate hazardous smoke and heat for safer interior working conditions. The Stihl rescue chainsaw is the most common chainsaw used by the fire service for its reliability and ease of use. The saw is lighter with less vibration than other 1 May 15, 2023 Item 10
City Council Staff Report
2022 State Homeland Security Program Grant Funds
May 15, 2023
saws and has a depth limiter that allows for controlling the bar and blade depth while cutting through material. This saw also has an extra-large starter handle that allows easier starting while firefighters are wearing large protective gloves.
The grant funds are reimbursement-based, which requires the City to expend the funds prior to requesting reimbursement from the County of San Diego. SHSP expenditures must be made by the grant recipient (City of Del Mar) and request reimbursement from the County of San Diego Office of Emergency Services. The deadline to expend funds and request reimbursement is May 31, 2024.
Grant recipients are required to adhere to the California Governor’s Office of Emergency Services Standard Assurances for Cal OES Federal Non-Disaster Grant Programs, which outline policies and regulations pertaining to use of federal grant funds (Attachment C).
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action; however, it will require the following budget adjustments to the Fiscal Year 2022-2023 Operating and Capital Budget:
Account Name Account Number Amount
Federal Grant (Revenue) 24.4600.4622 $6,909
Small Tools & Equipment (Expenditure) 24.5781.2600 $6,909 Net Budget Impact $0
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Action (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 – FY 2022 County OES Award Letter to Jurisdictions Attachment B – FY 2022 SHSP Approved Grant Allocation
Attachment C – California Governor’s Office of Emergency Services Standard Assurances for Cal OES Federal Non-Disaster Grant Programs
2 May 15, 2023 Item 10
3 May 15, 2023 Item 10
4 May 15, 2023 Item 10
JURISDICTION
CITIES
LE - 25% of
FY21
Allocation
Non-LE
Allocation TOTAL
Sworn LE
Personnel
Figures
(2021)
LE - 30% of
FY21
Allocation
Non-LE
Population
(2021)
Non-LE
Allocation TOTAL
% Change
from
FY2021 to
FY2022
CARLSBAD 18,412 64,909 83,321 132 21,061 115,501 56,787 77,848 -6.57% CHULA VISTA 31,971 147,469 179,440 275 43,877 274,449 128,053 171,930 -4.19% CORONADO 6,137 16,191 22,328 46 7,339 22,357 15,024 22,363 0.16% DEL MAR - 7,234 7,234 - - 4,258 6,909 6,909 -4.49%
EL CAJON 17,984 59,639 77,623 123 19,625 103,243 51,290 70,915 -8.64% ENCINITAS - 37,546 37,546 - - 62,289 32,928 32,928 -12.30% ESCONDIDO 22,694 85,083 107,777 154 24,571 151,688 73,012 97,583 -9.46% ESCONDIDO RINCON DEL DIABLO - 7,142 7,142 - - - 6,289 6,289 -11.94% IMPERIAL BEACH - 19,684 19,684 - - 27,774 17,453 17,453 -11.33% LA MESA 9,848 36,386 46,234 70 11,169 59,578 31,713 42,882 -7.25% LEMON GROVE - 18,884 18,884 - - 26,345 16,812 16,812 -10.97% NATIONAL CITY 13,559 37,502 51,061 86 13,721 62,749 33,134 46,855 -8.24% NATIONAL CITY - LINCOLN ACRES - 827 827 - - - 723 723 -12.58% OCEANSIDE 32,113 97,816 129,929 226 36,059 176,754 84,250 120,309 -7.40% POWAY - 30,823 30,823 - - 48,936 26,941 26,941 -12.59%
SAN DIEGO 291,590 - 291,590 2,036 324,847 - - 324,847 11.41% SAN MARCOS - 55,878 55,878 - - 96,302 48,178 48,178 -13.78% SAN MARCOS FPD - 7,402 7,402 - - - 6,566 6,566 -11.29%
SANTEE - 35,356 35,356 - - 56,800 30,467 30,467 -13.83% SOLANA BEACH - 12,243 12,243 - - 13,827 11,200 11,200 -8.52% VISTA - 58,872 58,872 - - 103,268 51,302 51,302 -12.86% VISTA FPD - 10,858 10,858 - - - 9,179 9,179 -15.46%
TOTAL CITIES 444,308 847,744 1,292,052 3,148 502,269 1,406,118 738,210 1,240,479 -3.99%
FIRE DISTRICTS/OTHER
ALPINE FPD - 13,492 13,492 - - 16,224 12,274 12,274 -9.03% DEER SPRINGS FPD - 11,407 11,407 - - 12,242 10,489 10,489 -8.05% LAKESIDE FPD - 38,411 38,411 - - 63,835 33,621 33,621 -12.47% NORTH COUNTY FPD - 32,415 32,415 - - 52,380 28,485 28,485 -12.12% PORT OF SAN DIEGO 19,125 - 19,125 140 22,337 - - 22,337 16.79% RANCHO SANTA FE FPD - 22,904 22,904 - - 34,208 20,338 20,338 -11.20% SAN MIGUEL FPD - 71,006 71,006 - - 126,111 61,544 61,544 -13.33% VALLEY CENTER FPD - 13,567 13,567 - - 16,367 12,338 12,338 -9.06% TOTAL FIRE DISTRICTS/OTHER 19,125 203,202 222,327 140 22,337 321,367 179,090 201,427.00 -9.40% 2-1-1 SAN DIEGO CONTRACT 70,000 70,000 70,000 70,000 0.00%
COUNTY DEPTS
UDC SHARE 0 102,357 102,357 - - - 102,357 102,357 0.00% M&A (5%) 0 168,160 168,160 - - - 160,535 160,535 -4.53% HHSA-PHPR 80,000 80,000 - - 80,000 80,000 0.00%
OES - 1,050,941 1,050,941 - - - 917,301 917,301 -12.72% SHERIFF 377,369 - 377,369 2,749 438,607 - - 438,607 16.23% TOTAL COUNTY DEPTS 377,369 1,401,458 1,778,827 2,749 438,607 - 1,260,193 1,698,800 -4.50% TOTAL ALLOCATIONS 840,802 2,522,404 3,363,206 6,037 963,213 1,727,485 2,247,493 3,210,706 -4.53% Notes:
*Personnel Cap: Each jurisdiction's allocation has a personnel cap of 50%. *San Diego Sheriff includes: Unincorporated San Diego County and the contracted cities of Del Mar, Encinitas, Imperial Beach, Lemon Grove, Poway, San Marcos, Santee, Solana Beach and Vista.
FY 2022 STATE HOMELAND SECURITY PROGRAM (SHSP) GRANT ALLOCATION PROPOSAL FY2021 - ALLOCATION FY2022 - Allocation
5 May 15, 2023 Item 10
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
6 May 15, 2023 Item 10
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 7 May 15, 2023 Item 10
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
8 May 15, 2023 Item 10
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discriminationon the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; 9 May 15, 2023 Item 10
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable.
FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
10 May 15, 2023 Item 10
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 etseq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wildand scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
11 May 15, 2023 Item 10
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
All Applicants must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $30,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R.
Part 170 Reporting Subaward and Executive Compensation Information.
13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
12 May 15, 2023 Item 10
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.
16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
13 May 15, 2023 Item 10
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications;and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
14 May 15, 2023 Item 10
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
NONPROFIT SECURITY GRANT PROGRAM (NSGP) –
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collectPII are required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.
24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. 15 May 15, 2023 Item 10
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.
28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through nonfederal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.
No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
33. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. 17 May 15, 2023 Item 10
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.
36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report (BSIR) submission requirements outlined in the Preparedness Grants Manual, subrecipients must demonstrate how the grant-funded project addressed the core capability associated with this project. The capability gap reduction must be addressed in the Project Description of the BSIR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. 18 May 15, 2023 Item 10
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2021, Version 11.4, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
Subrecipient:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
19 May 15, 2023 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Karen Brindley, Planning & Community Development Director Wendy House, Assistant City Attorney
Via Ashley Jones, City Manager
DATE: May 15, 2023
SUBJECT: Adoption of an Amended Restorative Action Plan for 404 Torrey Point Road REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council approve the Resolution (Attachment A) amending the Restorative Action Plan to resolve Code Enforcement Case CE 19-040 at 404 Torrey Point Road consistent with the Superior Court Judgment entered September 12, 2022.
BACKGROUND
The City received two complaints from residents alleging Kenneth and Linda Olson, the owners of 404 Torrey Point Road in Del Mar (the “Property”), were keeping and maintaining the Property in violation of the Carmel Valley Precise Plan (“CVPP”).
The City conducted a code enforcement investigation in response to complaints and determined the Property was in violation of the CVPP. Thereafter, the City issued a Notice of Violation and Administrative Citation to the Olsons. Following the Olsons’ failure to bring the Property into compliance with the CVPP, the City issued a Restorative Action Plan, which the Olsons appealed to the City Council. The City Council upheld the Restorative Action Plan, as amended by the Council. The Olsons subsequently filed a court action to challenge the Restorative Action Plan adopted by the Council.
The proposed Resolution adopts the Amended Restorative Action Plan consistent with the Judgment and Court Order.
DISCUSSION/ANALYSIS
On May 5, 1980, the Del Mar City Council adopted the CVPP by way of Ordinance No. 308 to guide development and preserve the ecological sensitivity of the CVPP’s native open space. The Property is located entirely within the CVPP area and is therefore subject to the CVPP’s rules and regulations, including the applicable landscape development criteria.
1 May 15, 2023 Item 11
City Council Agenda Report
Amendment of the Restorative Action Plan – 404 Torrey Point Road May 15, 2023
The Olsons purchased the Property identified as Lot 9 in the CVPP, which includes an allowable landscape improvement area and open space area. The CVPP Land Use and Open Space Requirements, Sections 8(C) and 8(D), restrict landscaping in the landscape and open space areas, respectively, as follows:
(C) Landscape limitations shall ensure that no tree is planted which, upon maturity, would exceed five feet (5') above the maximum roof elevation allowed on that lot, except for the Torrey Pine tree.
(D) Open Space Area ... landscaping shall be limited to an informal planting of native plants normally found in the coastal scrub zone.
In 2019, the City received two complaints from residents alleging the Property was in violation of the CVPP’s landscape regulations because the Olsons planted and/or maintained trees on the Property exceeding the maximum height of elevation +147’ in violation of Section 8(C) of the CVPP and planted and/or maintained non-native vegetation in the Property’s open space area in violation of Section 8(D) of the CVPP.
The City’s Code Enforcement Division investigated the alleged violations and determined that the Property was in violation of the CVPP. As a result, the City issued a Notice of Violation to the Olsons requiring the Property be brought into compliance with the CVPP (the “NOV”). After the Olsons declined to comply with the NOV, the City issued an Administrative Citation to the Olsons. Following the Olsons’ failure to bring the Property into compliance with the CVPP, the City issued a Restorative Action Plan to the Olsons.
The Olsons appealed the Restorative Action Plan to the City Council, and the Council set the matter for a De Novo Hearing. On October 21, 2019, the City Council held the De Novo Hearing and upheld the Restorative Action Plan, as modified by the City Council.
On November 4, 2019, the Council adopted Resolution No. 2019-55 establishing the Restorative Action Plan for the Property to resolve Code Enforcement Case CE 19-040 and bring the Property into compliance with the CVPP. Thereafter, the Olsons filed a petition in San Diego Superior Court with the court challenging the Restorative Action Plan. The Judge issued an order granting in part and denying in part the Olsons’ petition and ordered the City to make certain amendments to the Restorative Action Plan adopted by the Council.
The Court Order requires the City to modify the Restorative Action Plan with respect to the vegetation located in the open space area of the Property as follows:
2 May 15, 2023 Item 11
City Council Agenda Report
Amendment of the Restorative Action Plan – 404 Torrey Point Road May 15, 2023
The Olsons must remove all subject trees not approved to be planted by the DRB in 1982 (tree tag numbers 25, 28, 31, 32, and 33), as identified on the Certified Arborist’s Tree Inventory sheet provided to the City by the Olsons; and City must strike other requirements in the Restorative Action Plan (e.g., annual certification by a licensed arborist, recordation of a covenant against the Property, removal of tree tag numbers 24, 26, 27, 29, and 30).
Consistent with the Court Order, the attached Resolution approves an Amended Restorative Action Plan, which establishes the processes and procedures necessary to resolve Code Enforcement Case CE 19-040 against the Olsons and bring the Property at 404 Torrey Point Road into compliance with the CVPP.
The Olsons will be responsible for the cost of all work required to comply with the Amended Restorative Action Plan and bring the Property into compliance with the CVPP, and all work must be completed on or before November 15, 2023, unless an extension is requested and granted by the City as per the terms of the Amended Restorative Action Plan.
FISCAL IMPACT
There is no fiscal impact or action to be taken by the City Council related to this agenda item.
ENVIRONMENTAL IMPACT
The proposed 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.
ATTACHMENT
Attachment A – Resolution No. 2023-XX
3 May 15, 2023 Item 11
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DEL MAR, CALIFORNIA, AMENDING THE RESTORATIVE
ACTION PLAN FOR CODE ENFORCEMENT CASE CE 19-
040 AT 404 TORREY POINT ROAD PURSUANT TO THE
SEPTEMBER 12, 2022 JUDGMENT OF THE SAN DIEGO
SUPERIOR COURT
WHEREAS, on May 5, 1980, the City of Del Mar adopted the Carmel Valley Precise Plan (“CVPP”) by Ordinance to guide development and preserve the ecological sensitivity of the CVPP's native open space. Landscape regulations and restrictions remain exclusive to the CVPP community and may override local zoning standards; and WHEREAS, the residential property at 404 Torrey Point Road (the “Property”) is located entirely within the CVPP area and subject to its rules and regulations; and WHEREAS, the CVPP Land Use and Open Space Requirements, Sections 8(C) and 8(D), state:
(C) Landscape limitations shall ensure that no tree is planted which, upon maturity, would exceed five feet (5') above the maximum roof elevation allowed on that lot, except for the Torrey Pine tree.
(D) Open Space Area ... landscaping shall be limited to an informal planting of native plants normally found in the coastal scrub zone; and WHEREAS, the Property includes both an Open Space Area and a Landscape Area as stipulated in the CVPP; and
WHEREAS, the Court upheld the Design Review Board (DRB) action and discretionary authority under the express terms of the CVPP taken on November 3, 1982 to approve a site plan for the Property, which included trees that were otherwise not compliant according to the CVPP Land Use and Open Space Requirements, Sections 8(C) and 8(D). No minutes or additional information were available from the DRB’s 1982 approval; and
WHEREAS, in 2019, the City received two resident complaints alleging the owners of the Property, Kenneth and Linda Olson, (collectively, the “Property Owner”) were in violation of the CVPP Landscape Regulations, Sections 8(C) and 8(D); and WHEREAS, the complainants claimed the Property Owner planted and maintained trees on the Property that have grown above the required height of elevation +147' (five feet above maximum roof elevation of +142') in conflict with CVPP Section 8(C). The complainants also stated that the Property Owner planted or maintained non-native 4 May 15, 2023 Item 11
Resolution No. 2023-XX
May 15, 2023
vegetation in the designated Open Space Area in conflict with the CVPP Section 8(D); and
WHEREAS, in response to the residents' complaints, an investigation by City of Del Mar Code Enforcement Division was initiated on or around February 17, 2019. The Code Enforcement Officer conducted a site visit of the Property, which was found to be surrounded by dense, over height and non-native vegetation appearing to be incongruous with the CVPP requirements; and
WHEREAS, during the course of the investigation, the Code Enforcement Officer was given a copy of a 2012 private agreement that admitted the Property Owner understood that trees on the Property were in violation of the CVPP; and WHEREAS, on February 27, 2019, a Notice of Violation was issued to demand the Property Owner bring the Property into compliance with the CVPP Land Use and Open Space Requirements, Sections 8(C) and 8(D) and to come into compliance by April 1, 2019; and
WHEREAS, on March 19, 2019, the Property Owner submitted a Certified Arborist's Tree Inventory, which listed 34 trees, species and overall height. The Arborist's written note stated the inventory was not all-inclusive of all vegetation planted on the Property. A review of the Tree Inventory confirmed that trees existed in violation of the CVPP; and
WHEREAS, City Staff met with the Property Owner on March 5, 2019, and April 9, 2019, and spoke to the Property Owner and the Property Owner’s representative on numerous occasions in the ensuing months; and
WHEREAS, on April 9, 2019 the Property Owner declined the City's request for compliance and was fined by the City for a violation of Ordinance No. 308; and WHEREAS, as of June 19, 2019, the Property Owner had complied with only a limited number of restorative actions and therefore the City prepared a Restorative Action Plan, based upon the submitted Certified Arborist's Tree Inventory, requiring compliance with CVPP Sections 8(C) and 8(D); and
WHEREAS, the Restorative Action Plan was submitted to the Property Owner on June 20, 2019; and
WHEREAS, on July 8, 2019, the Property Owner appealed the Restorative Action Plan to the City Council; and
5 May 15, 2023 Item 11
Resolution No. 2023-XX
May 15, 2023
WHEREAS, on September 9, 2019, the City Council conducted an Initial Consideration of the appeal and set the matter for a De Novo hearing of the City Council on Code Enforcement Case CE19-040; and
WHEREAS, on October 21, 2019, the City Council conducted the De Novo Hearing and established a Restorative Action Plan as a result of the majority vote of the City Council; and
WHEREAS, on January 2, 2020, the Property Owner filed a Verified Petition and Complaint for Writ of Administrative Mandamus (“Petition”) in San Diego Superior Court challenging the Restorative Action Plan adopted by the Del Mar City Council on November 4, 2019 (SDSC Case No. 37-2019-00069156-CU-MC-CTL); and WHEREAS, on September 12, 2022, the Honorable Judge Gregory W. Pollack entered the attached Judgment (Exhibit A), granting in part and denying in part the Petition, and ordering modification of the City’s Restorative Action Plan (the “Court Order”); and
WHEREAS, the Amended Restorative Action Plan, consistent with the Court Order, requires the Property Owner to take the following action to bring and maintain the Property at 404 Torrey Point Road in compliance with the CVPP:
Remove all trees that are non-native species in the Open Space Zone per the Court Order – Tree Tag number 25 (a canary island date palm) and numbers 28, 31, 32 and 33 (red gum eucalyptus trees) that the Court found both non-native and non-DRB-approved.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar, California, hereby implements the following:
SECTION 1. The Restorative Action for Code Enforcement Case CE 19-040 against the Property Owner to bring the Property at 404 Torrey Point Road into compliance with the CVPP, is hereby amended as set forth in the Amended Restorative Action Plan included as Exhibit B.
SECTION 2. Non-compliance with the Amended Restorative Action Plan will result in further administrative and legal action by the City of Del Mar. 6 May 15, 2023 Item 11
Resolution No. 2023-XX
May 15, 2023
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a regular meeting held on the 15th day of May, 2023.
Tracy Martinez, Mayor
APPROVED AS TO FORM:
Leslie E. Devaney, City Attorney
ATTEST:
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, as a regular meeting held on the 15th day of May, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Nestor Machado, Acting City Clerk
7 May 15, 2023 Item 11
Form Approved for Optional Use
Judicial Council of California
CIV-130 [New January 1, 2010]
NOTICE OF ENTRY OF JUDGMENT OR ORDER www.courts.ca.gov
CIV-130
FOR COURT USE ONLY
CASE NUMBER:
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.: FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
NOTICE OF ENTRY OF JUDGMENT
OR ORDER
(Check one): UNLIMITED CASE
(Amount demanded
exceeded $25,000)
LIMITED CASE
(Amount demanded was
$25,000 or less)
TO ALL PARTIES :
1. A judgment, decree, or order was entered in this action on (date):
2. A copy of the judgment, decree, or order is attached to this notice.
Date:
(TYPE OR PRINT NAME OF ATTORNEY PARTY WITHOUT ATTORNEY) (SIGNATURE)
37-2019-00069156-CU-MC-CTL
Devaney Pate Morris & Cameron LLP
William C. Pate, Esq.
402 W. Broadway, Suite 1300
San Diego CA 92101
619-354-5030 619-354-5035
[email protected]
Defendant City of Del Mar
SAN DIEGO
330 W. Broadway
330 W. Broadway
San Diego 92101
Central
Kenneth Olson and Linda Olson
City of Del Mar
September 12, 2022
September 20, 2022
William C. Pate, Esq.
8 May 15, 2023 Item 11
CIV-130 [New January 1, 2010] NOTICE OF ENTRY OF JUDGMENT OR ORDER CIV-130
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE NUMBER:
PROOF OF SERVICE BY FIRST-CLASS MAIL
NOTICE OF ENTRY OF JUDGMENT OR ORDER
(NOTE: You cannot serve the Notice of Entry of Judgment or Order if you are a party in the action. The person who served the notice must complete this proof of service.)
1. I am at least 18 years old and not a party to this action. I am a resident of or employed in the county where the mailing took place, and my residence or business address is (specify):
2. I served a copy of the Notice of Entry of Judgment or Order by enclosing it in a sealed envelope with postage fully prepaid and (check one):
a. deposited the sealed envelope with the United States Postal Service. b. placed the sealed envelope for collection and processing for mailing, following this business's usual practices, with which I am readily familiar. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service.
3. The Notice of Entry of Judgment or Order was mailed:
a. on (date):
b. from (city and state):
4. The envelope was addressed and mailed as follows:
a. Name of person served:
Street address:
City:
State and zip code:
b. Name of person served:
Street address:
City:
State and zip code:
c. Name of person served:
Street address:
City:
State and zip code:
d. Name of person served:
Street address:
City:
State and zip code:
Names and addresses of additional persons served are attached. (You may use form POS-030(P).)
5. Number of pages attached
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT)
.
Kenneth Olson and Linda Olson
City of Del Mar 37-2019-00069156-CU-MC-CTL
9 May 15, 2023 Item 11
1 [PROPOSED] JUDGMENT ON PETITIONER’S VERIFIED PETITION AND COMPLAINT FOR WRIT OF
ADMINISTRATIVE MANDAMUS
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO
KENNETH OLSON, a married individual;
and LINDA OLSON, a married individual,
Plaintiff,
v.
CITY OF DEL MAR and DOES 1 through
50, inclusive.
Defendant.
Case No.: 37-2019-00069156-CU-MC-CTL
ICJ: H. Gregory W. Pollack
Dept.: C-71
[PROPOSED] JUDGMENT ON
PETITIONERS’ VERIFIED PETITION
AND COMPLAINT FOR WRIT OF
ADMINISTRATIVE MANDAMUS
[IMAGED FILE]
Complaint filed: December 31, 2020
Trial Date: Not set
On June 3, 2022, the Court heard initial oral argument concerning Petitioners’ Verified Petition and Complaint for Writ of Administrative Mandamus (“Petition”). Following oral argument, the Court continued the hearing for additional briefing. On July 8, 2022 at 3:00 p.m., this Court heard additional oral argument on the Petition. Appearing for Petitioners was Richard R. Rice, of The Law Office of Richard R. Rice. Appearing for Respondent City of Del Mar was William C. Pate, of Devaney Pate Morris & Cameron, LLP. Following oral argument, the Court issued its final ruling, granting in part and denying in part Petitioners’ Petition. The Minute Order containing the Court’s ruling is attached hereto as Exhibit “A.” WHEREFORE, IT IS HEREBY ADJUDGED AND DECREED that:
1. The matter is remanded back to Respondent City of Del Mar (“City”) for the creation 10 May 15, 2023 Item 11
2 [PROPOSED] JUDGMENT ON PETITIONER’S VERIFIED PETITION AND COMPLAINT FOR WRIT OF
ADMINISTRATIVE MANDAMUS
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of a Restorative Action Plan consistent with the Court’s decision.
2. The City of Del Mar is to modify its Restorative Action Plan to strike the removal of five trees approved by the City’s Design Review Board on December 3, 1982, namely tree tag numbers 24, 26, 27, 29, and 30.
3. Petitioners are to remove all subject trees not approved by the City’s Design Review Board, namely tree tag number 25 (a canary island date palm) and numbers 28, 31, 32 and 33 (red gum eucalyptus trees).
4. The City of Del Mar is to modify its Restorative Action Plan to strike all requirements other than the removal of the five (5) trees described above, e.g. annual certifications by a licensed arborist or recordation of a covenant against the property.
5. Based upon the agreement of the Parties, Petitioners’ Third Cause of Action for inverse Condemnation is hereby dismissed, with prejudice.
Dated: ______________
Honorable Judge Gregory W. Pollack
JUDGE OF THE SUPERIOR COURT
APPROVED AS TO FORM:
Dated: August 23, 2022
By:
Richard R. Rice
Attorney for Petitioners Kenneth Olson and
Linda Olson
Dated: August 23, 2022 By:
William C. Pate, Esq.
Lesley A. Ionescu, Esq.
Wendy L. House, Esq.
Attorneys for Respondent CITY OF DEL
MAR
/s/ Richard R. Rice
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EXHIBIT A
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PROOF OF SERVICE
KENNETH OLSON AND LINDA OLSON V. CITY OF DEL MAR
SUPERIOR COURT OF CALIFORNIA - COUNTY OF SAN DIEGO Case No. 37-2019- 00069156-CU-MC-CTL
I, the undersigned, declare: That I am, and was at the time of service of the papers herein referred to, over the age of eighteen years, and not a party to the action; and I am employed in the County of San Diego, California. My business address is 402 West Broadway, Ste. 1300, San Diego, California 92101-8700.
On August 25, 2022, at San Diego, California, I served the following document(s) described as:
[PROPOSED] JUDGMENT ON PETITIONERS’ VERIFIED PETITION AND
COMPLAINT FOR WRIT OF ADMINISTRATIVE MANDAMUS
on the parties in said action by placing a true copy thereof in a separate sealed envelope for each addressee named hereafter, addressed to each such addressee respectively as stated on the attached service list, which reflects the address last given by each such addressee on any document filed in the action and served on this office.
Richard R. Rice
The Law Office of Richard R. Rice
1084 North El Camino Real, Suite B121
Encinitas, CA 92024-1334
[email protected]
Lee M. Andelin
Arie L. Spangler
The Jon Corn Law Firm
160 Cesterfield Drive, Suite 201
Cardiff-by-the-Sea, CA 92007-1900
[email protected]
[email protected]
Attorneys for PLAINTIFF KENNETH
OLSON and LINDA OLSON
☒ BY E-FILE/E-SERVICE: by submitting an electronic version of the document(s) TO One Legal, LLC, through the user interface at www.onelegal.com. the act of electronic filing is evidence that the party agrees to accept service at the electronic service address the party has furnished to the court under Rule 2.256(a)(4). A true and correct copy of the e-filed document(s) is attached.
☒ STATE COURT: I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
Executed on August 25, 2022, at San Diego, California.
____________________________________
Sabrina Scialpi
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PROOF OF SERVICE
KENNETH OLSON AND LINDA OLSON V. CITY OF DEL MAR
SUPERIOR COURT OF CALIFORNIA - COUNTY OF SAN DIEGO Case No. 37-2019- 00069156-CU-MC-CTL
I, the undersigned, declare: That I am, and was at the time of service of the papers herein referred to, over the age of eighteen years, and not a party to the action; and I am employed in the County of San Diego, California. My business address is 402 West Broadway, Ste. 1300, San Diego, California 92101-8700.
On September 20, 2022, at San Diego, California, I served the following document(s) described as:
NOTICE OF ENTRY OF JUDGMENT
on the parties in said action by placing a true copy thereof in a separate sealed envelope for each addressee named hereafter, addressed to each such addressee respectively as stated on the attached service list, which reflects the address last given by each such addressee on any document filed in the action and served on this office.
Richard R. Rice
The Law Office of Richard R. Rice
1084 North El Camino Real, Suite B121
Encinitas, CA 92024-1334
[email protected]
Lee M. Andelin
Arie L. Spangler
The Jon Corn Law Firm
160 Cesterfield Drive, Suite 201
Cardiff-by-the-Sea, CA 92007-1900
[email protected]
[email protected]
Attorneys for PLAINTIFF KENNETH
OLSON and LINDA OLSON
☒ BY E-FILE/E-SERVICE: by submitting an electronic version of the document(s) TO One Legal, LLC, through the user interface at www.onelegal.com. the act of electronic filing is evidence that the party agrees to accept service at the electronic service address the party has furnished to the court under Rule 2.256(a)(4). A true and correct copy of the e-filed document(s) is attached.
☒ STATE COURT: I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
Executed on September 20, 2022, at San Diego, California. ____________________________________
Sabrina Scialpi
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Exhibit B
AMENDED RESTORATIVE ACTION PLAN FOR
404 TORREY POINT ROAD (OLSON PROPERTY)
Dated as of May 15, 2023
The following Amended Restorative Action Plan requires the Property Owners of 404 Torrey Point Road in Del Mar (“Property”) to take the following actions to bring and maintain the Property in compliance with the City of Del Mar Carmel Valley Precise Plan:
1. Remove all trees that are non-native species in the Open Space Zone of the Property pursuant to the September 12, 2022 Court Order issued by the Honorable Judge Gregory W. Pollack – Tree Tag number 25 (a canary island date palm) and numbers 28, 31, 32 and 33 (red gum eucalyptus trees), as shown on the Tree Inventory attached hereto as Attachment 1, that the Court found both non-native and non-DRB-approved.
2. The Property Owners must cover the cost of all work and otherwise comply with the terms and conditions of this Amended Restorative Action Plan, as well as all applicable rules and regulations of the City of Del Mar.
3. This Amended Restorative Action Plan shall be implemented and completed within six (6) months of City Council action and approval, or no later than November 15, 2023. The Property Owners may request a single extension of time by submitting a written request to the City Manager setting forth the reason that substantial work on the Amended Restorative Action Plan cannot be commenced by the required performance date. The City Manager may exercise discretion on whether to grant the extension if there has been a change in circumstances to warrant an extension.
No extension shall be granted for a period greater than one (1) year from the time of the City Council action and approval of the Amended Restorative Action Plan.
4. The Property shall otherwise continue to be subject to and maintained in accordance with the CVPP.
End of Conditions for Amended Restorative Action Plan
ATTACHMENT:
Attachment 1 – Tree Inventory for 404 Torrey Point Road 17 May 15, 2023 Item 11
Tag # (per Inventory Attach C) Non-Native Tree Identity Location:
Open Space
Area or
Landscape
Area Approved on 1980 DRB Plan Restorative Action
1 Kentia Palm Landscape No Removed by Property Owner (May 2019) 2 Kentia Palm Landscape No Removed by Property Owner (May 2019) 3 Kentia Palm Landscape No Removed by Property Owner (May 2019) 4 New Zealand Christmas Tree Landscape No Subject to and maintain in accordance with CVPP 5 New Zealand Christmas Tree Landscape No Subject to and maintain in accordance with CVPP 6 New Zealand Christmas Tree Landscape No Subject to and maintain in accordance with CVPP 7 New Zealand Christmas Tree Landscape No Subject to and maintain in accordance with CVPP 8 New Zealand Christmas Tree Landscape No Subject to and maintain in accordance with CVPP 9 New Zealand Christmas Tree Landscape No Subject to and maintain in accordance with CVPP 10 New Zealand Christmas Tree Landscape No Subject to and maintain in accordance with CVPP 11 New Zealand Christmas Tree Landscape No Subject to and maintain in accordance with CVPP 12 New Zealand Christmas Tree Landscape No Subject to and maintain in accordance with CVPP 13 New Zealand Christmas Tree Landscape No Subject to and maintain in accordance with CVPP 14 New Zealand Christmas Tree Landscape No Subject to and maintain in accordance with CVPP 15 New Zealand Christmas Tree Landscape No Subject to and maintain in accordance with CVPP 16 New Zealand Christmas Tree Landscape No Subject to and maintain in accordance with CVPP 17 Brazilian Pepper Tree Landscape No Removed by Property Owner (May 2019) 18 New Zealand Christmas Tree Landscape No Subject to and maintain in accordance with CVPP 19 King Palm Landscape No Removed by Property Owner (May 2019) 20 King Palm Landscape No Removed by Property Owner (May 2019) 21 King Palm Landscape No Removed by Property Owner (May 2019) 22 King Palm Landscape No Removed by Property Owner (May 2019) 23 Jacaranda Tree Landscape No Subject to and maintain in accordance with CVPP 24 Norfolk Pine Open Space Yes No action needed - Approved by the DRB 25 Canary Island Date Palm Open Space No Remove no later than November 15, 2023 26 Lemon Gum Eucalyptus Open Space Yes No action needed - Approved by the DRB 27 Lemon Gum Eucalyptus Open Space Yes No action needed - Approved by the DRB 28 Red Gum Eucalyptus Open Space No Remove no later than November 15, 2023 29 Red Gum Eucalyptus Open Space Yes No action needed - Approved by the DRB 30 Lemon Gum Eucalyptus Open Space Yes No action needed - Approved by the DRB 31 Red Gum Eucalyptus Open Space No Remove no later than November 15, 2023 32 Red Gum Eucalyptus Open Space No Remove no later than November 15, 2023 33 Red Gum Eucalyptus Open Space No Remove no later than November 15, 2023 18 May 15, 2023 Item 11
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Clem Brown, Assistant City Manager
Via Ashley Jones, City Manager
DATE: May 15, 2023
SUBJECT: Approval of Mission/Purpose Statements for City Council Subcommittees
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council approve the proposed mission/purpose statements for Council subcommittees (Attachment A) as prepared by the Council subcommittees and staff.
BACKGROUND:
The City Council establishes Council subcommittees to discuss specific topics or special projects and to meet intermittently with staff, as needed. City Council Policy 101, Appointments of Council Members to Regional Organizations, and Local Council Committees and Subcommittees, states that the City Council will make or reaffirm Council appointments to Council subcommittees annually prior to the second Council meeting in January.
The City Council most recently reevaluated the purpose and need for Council subcommittees on February 11, 2019. Since that time, some subcommittees have been dissolved and others have been formed. While more recently formed subcommittees, such as the Legislative Subcommittee, have a clear mission and purpose, other longstanding subcommittees such as the Planning Process Subcommittee, do not have any reference documents formally outlining their intended mission and purpose.
DISCUSSION:
On January 9, 2023, the City Council made and/or reaffirmed its Council appointments to local and regional organizations for 2023, including appointments to Council subcommittees per Council Policy 101. At that time, the City Council approved the following seven (7) Council subcommittees for 2023 and appointed Council Members to serve on those subcommittees:
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City Council Agenda Report
Approval of Charters for Council Subcommittees
May 15, 2023
Subcommittee Council Liaisons
Housing Terry Gaasterland Tracy Martinez
Human Resources Dave Druker Dwight Worden
Del Mar Railroad Dave Druker Terry
Gaasterland
Planning Process Dave Druker Terry
Gaasterland
Sea-Level Rise Adaptation Plan
Implementation
Terry Gaasterland Tracy Martinez
Legislative Subcommittee Terry Gaasterland Dave Druker* Clean Water Rate Project – On hold N/A N/A
*Tracy Martinez to replace Dave Druker beginning of the 3rd quarter.
In conjunction with these appointments, the Council noted that many of the Council subcommittees had been created some time ago and their intended mission and purpose was not documented and sometimes unclear. On occasion, this lack of clarity has created some confusion for City staff, Council members, and the public as to each Committee’s purpose and how they should be best used. As such, the Council directed staff to work with the members of each Council subcommittee to prepare a proposed mission and purpose statement for future Council consideration. Proposed mission and purpose statements for each Committee were developed by staff and Council Subcommittee members and are included as Attachment A.
ATTACHMENTS:
Attachment A – Proposed City Council Subcommittee Charters 2 May 15, 2023 Item 12
City Council Subcommittees
Mission/Purpose Statements
Del Mar Railroad Subcommittee
Support staff in implementing the policy direction from City Council relating to issues, initiatives, projects, and programs associated with the Los Angeles – San Diego – San Luis Obispo Rail Corridor (LOSSAN Corridor), which transects the entire length of the City of Del Mar, including a 1.6-mile segment along the Del Mar Bluffs.
At the discretion of staff, the Subcommittee will act as a sounding board and provide initial feedback on important projects impacting the LOSSAN Corridor that include, but are not limited to, the following:
San Dieguito Bridge Replacement, Double Track and Special Events Platform
LOSSAN Rail Realignment Study
Coastal Connections Conceptual Planning Study
Del Mar Bluff Stabilization Project 5
Fencing along the rail corridor
Housing Subcommittee
Work with staff to facilitate adoption and implementation of the City’s Housing Element in compliance with State law.
Provide guidance and feedback on the desired process, level of public outreach, and other details related to implementation of required action programs in accordance with the City’s adopted Housing Element to facilitate processing of these items through the applicable local and state decision processes. Act as a sounding board to facilitate City staff participation in the Regional Housing Needs Allocation (RHNA) process that is held every eight years prior to the start of a new housing cycle.
Provide guidance and feedback related to the desired process and provision of opportunities for public participation to inform preparation of Housing Element updates and the associated California Environmental Quality Act document.
Human Resources Subcommittee
Work with Human Resources staff and Council to facilitate the selection/hiring process for the City Manager and City Attorney (contract), as well as the annual performance review process for each.
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Facilitate City Manager or City Attorney contract amendments and Del Mar Municipal Code revisions related to the City Manager and/or City Attorney’s role and responsibilities as may be needed.
Lead the process for development and implementation of any Council/City Attorney and/or Council/Manager related policies, such as the Guiding Principles.
Concerns related to adherence to such policies will be brought to the HR Subcommittee as a first step.
At the discretion of staff, the Subcommittee will act as a sounding board and provide initial feedback on HR related matters such as staffing recommendations, succession planning, organizational structure, and labor agreements.
Legislative Subcommittee
Build good working relationships with the City’s Federal and State legislative representatives, as well as elected officials from the County of San Diego, City of San Diego, and other neighboring cities. These relationships are essential because many of the issues and challenges that the City faces are initiated by the State, County and/or City of San Diego.
At the direction of the City Council and with support from staff, advocate for the City’s goals and priorities and specific positions (utilizing the City Council’s Legislative Policy Guidelines) regarding both State and Federal legislative and administrative issues that affect the City.
Planning Process Subcommittee
Provide feedback to Planning staff on proposed process modifications related to land use procedures (unrelated to housing), with a goal of recommending strategies that manage development consistent with community values, and on an as-needed basis. This may include recommendations for public outreach. Meet annually with the Chair of the Planning Commission and DRB to discuss any changes required in ordinances or procedures that may make the processes more effective.
Sea-Level Rise Adaptation Plan Implementation Subcommittee Work with Planning staff to facilitate implementation of Del Mar’s adopted approach to sea level rise adaptation. The City’s commitment is to monitor local conditions to inform future planning decisions and implement various strategies to minimize risk of flooding and erosion (i.e., beach nourishment, sediment management, and living levee/vegetated berm strategies). 4 May 15, 2023 Item 12
Provide guidance on the desired process, level of public outreach, and other details related to timing and implementation of the City’s adopted Adaptation Plan in order to facilitate processing through the applicable local, state, and federal decision processes.
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Martin Boyd, Project Manager II
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: May 15, 2023
SUBJECT: City of Del Mar Utility Undergrounding Program Update REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council receive an update regarding the City’s Utility Undergrounding Program and provide feedback on the Undergrounding Project Advisory Committee (UPAC) recommendation to determine whether to proceed with concurrent or sequential construction activities once the design for Utility Underground District (UUD) 1A is complete.
BACKGROUND:
The City of Del Mar is progressing with its citywide Undergrounding Program (UP), the work for which started in 2017, following passage of a voter approved 1% sales tax measure known as Measure Q in 2016. The UP aims to remove utility poles and overhead cables for electricity and telecommunications and replace them with underground lines, and has been identified as a priority project by the City Council.
Attachment A includes a map of the planned citywide undergrounding project areas.
As a result of the COVID-19 pandemic, the City was forced to put its undergrounding efforts on hold for an interim period from March 2020 to May 2021. On May 17, 2021, the City Council approved the formation of a small-scale undergrounding district on Tewa Court/10th Street, which was intended to be used as a pilot project for the City. The Tewa/10th Street project included the removal of 10 overhead utility poles and approximately 1,000 linear feet of overhead conversion to 1,345 linear feet of underground trench. Of the 21 properties and residences, 7 required undergrounding of their private service lateral at the expense of the property owner.
On February 8, 2023, the Tewa Court/10th Street UUD project was officially completed, with the removal of the final pole as part of a pole removal ceremony. The final project cost was $832,000, with a general contractor cost of $344 per linear foot of joint trench.
The completion of this initial pilot project was an important milestone for the City, which provided valuable information and lessons learned that have been incorporated into the planning for future undergrounding districts, including UUDs 1A and X1A the design and planning for which is currently underway.
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City Council Agenda Report
City of Del Mar Utility Undergrounding Program Update
May 15, 2023