Table of Contents
2023-7-24 Regular Meeting Agenda.pdf
Item 3 - Minutes.pdf
Item 4 - List of Demands.pdf
Item 6 - Objective Design Standards Consultant.pdf
Item 7 - HAP Grant.pdf
Item 8 - TPAC Appointment.pdf
Item 9 - 941 CDM Undergrounding In-Lieu Fee Request.pdf Item 10 - STRs Part 2.pdf
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Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California
And via teleconference
128 Ritchie Ave.
Silver Spring, Maryland 20910
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, July 24, 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.
Tracy Martinez
Mayor
Dan Quirk
Deputy Mayor
Dave Druker
Council Member
Terry Gaasterland
Council Member
Dwight Worden
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting July 24, 2023
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Each person wishing to speak before the City Council on any matter not on the agenda shall submit a “Speaker Slip” to the City Clerk or raise their hand in Zoom when Public Oral Communication is announced. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and may be asked clarifying questions. Information received during Public Oral Communication may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda.
Note: there is a time limit of 30 minutes for this section of public communications and each speaker will be heard in the order of the submission of their speaker slip. Speakers who have turned in a speaker slip prior to the time oral communications was called on the agenda, but were not heard during the initial time period shall be called to speak at the end of the agenda.
V. CITY COUNCIL COMMENTS
VI. COMMUNITY ANNOUNCEMENTS
VII. CITY MANAGER’S REPORT
VIII. PRESENTATIONS
1. Update from City Representative to San Diego County Water Authority Recommended Action: Receive an update from San Diego County Water Authority Chairperson and Del Mar representative Mel Katz and Acting General Manager Dan Denham.
Reference: Clerk’s File No. 1506-3
2. SANDAG Del Mar Tunnel Alignment & Public Outreach Plan Recommended Action: Receive a presentation from the San Diego Association of Governments (SANDAG) Manager of Outreach and Engagement Brandy Sweitzer and Rail Planning Program Manager Danny Veeh.
Del Mar City Council Regular Meeting July 24, 2023
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 1506-1
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.
3. Approval of Minutes: May 30, 2023 and May 31, 2023 Special Meeting, June 19, 2023 Regular Meeting, July 10, 2023 Regular and Special Meeting Recommended Action: Approve Minutes.
Reference: Clerk’s Minutes Book
4. Ratification of List of Demands, dated July 24, 2023 Recommended Action: Ratify the List of Demands.
Reference: Clerk’s File No. 201-3
5. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.
Reference: Clerk’s File No. 401-4
6. Approval of a Professional Services Agreement with Ascent Environmental Inc. to Prepare Residential Objective Design Standards in Accordance with Program 6G of the City’s Adopted 6th Cycle Housing Element Recommended Action: Staff recommends that the City Council: 1) Approve a Professional Services Agreement with Ascent Environmental Inc. for the preparation of Objective Design Standards for by-right/ministerial residential housing projects (Attachment A); and 2) Authorize the City Manager to execute the Agreement.
Reference: Clerk’s File No. 304-7, 406-1
7. Resolution to Authorize Applications to SANDAG to Request Cycle 2 Housing Acceleration Program (HAP) Grant Funds
Recommended Action: Staff recommends that the City Council: 1) Adopt a Resolution (Attachment A) authorizing staff to submit two applications to the San Del Mar City Council Regular Meeting July 24, 2023
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Diego Association of Governments (SANDAG) for $181,000 in planning grant funds and $1.5 million in capital grant funds for three Housing Element-related special projects, including the Housing Element Program 3A Fairgrounds Housing special project, Housing Element Programs 4A/4B (Resources for Special Needs Households), and Program 6G Objective Design Standards; 2) Commit the City to provide partial match funds in the amount of $160,000 and in-kind staff time in the amount of $200,000 (2,000 hours) to increase the application competitiveness (no minimum match is required); and 3) Authorize the City Manager to accept any awarded grant funds and execute all necessary grant related documents or agreements.
Reference: Clerk’s File No. 201-13, 304-7, 1506-1
8. Traffic and Parking Advisory Committee Appointment
Recommended Action: The City Council Liaisons to the Traffic and Parking Advisory Committee recommend that the City Council appoint Ajit Venkatraman as a voting member of the Traffic and Parking Advisory Committee to serve the balance of a vacant term starting July 24, 2023, and ending on May 31, 2025.
Reference: Clerk’s File No. 401-5
9. Request from Kitchell Development Company to Contribute an In-Lieu Fee for Future Undergrounding of Utilities in the 300 Block of 10th Street Recommended Action: Staff recommends that the City Council authorize the City Manager to accept an In-Lieu Utility Undergrounding Fee to satisfy the Kitchell Development Company’s (Applicant) obligation under the 941 Camino del Mar Specific Plan and Development Agreement DA22-001 to underground two utility poles with the development of 307 10th Street and 941 Camino del Mar.
Reference: Clerk’s File No. 801-3, 1001-2
X. COUNCIL MEETING RECESS
XI. CITY COUNCIL OTHER BUSINESS
10. Discussion of Council Guiding Principles and Objectives for Development of Short-Term Rental Regulations
Recommended Action: Based on City Council direction on July 10, 2023, the purpose of this agenda item is to facilitate a City Council discussion of the guiding principles and objectives for development of short-term rental (STR) regulations and to provide direction to staff on the next steps in the process.
Reference: Clerk’s File No. 301-19
Del Mar City Council Regular Meeting July 24, 2023
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XII. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.
A. 22nd District Agricultural Association Community Relations Committee (Gaasterland/Martinez)
B. Clean Energy Alliance JPA (CEA) Board of Directors (Druker/Worden) C. CSA-17 Ambulance District Advisory Board (Martinez/Quirk) D. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Quirk/Martinez) E. League of California Cities – San Diego Chapter (Martinez/Worden) F. League of California Cities – Coastal Cities Group (Worden) G. North County Transit District (NCTD) (Druker/Gaasterland) H. Regional Solid Waste Association (Worden/Quirk)
I. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Druker
J. SANDAG Borders Committee (Druker)
K. SANDAG Regional Planning Committee (Gaasterland)
L. SANDAG Shoreline Preservation Working Group
(Worden/Gaasterland/Martinez)
M. SANDAG LOSSAN Executive Task Force (Druker/Gaasterland) N. San Diego Metropolitan Wastewater Commission/JPA (Worden/Quirk/Druker) O. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Worden/Quirk)
P. Other Regional Organization Reports
XIII. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.
A. Arts Advisory Committee (Druker)
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 (Gaasterland/Martinez)
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) Del Mar City Council Regular Meeting July 24, 2023
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us 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.
September 5, 2023
Lease Agreement Between NCTD and City of Del Mar for Parcel 299-100-3300 (Trailhead Parking Lot)
First Amendment to West Coast Arborist Contract for As-Needed Citywide Tree Management and Maintenance Services
Award of Contract for Road Condition Assessment Program MissionSquare Retirement Health Savings Agreement Amendment Award of Construction Contract for Beach Colony Pedestrian Ramps Introduction of Manufactured Home Ordinance (Housing Element Program 1F) Presentation of San Dieguito Drive Phase 1 Engineering Assessment XV. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 19th day of July, 2023 at approximately 4:55 p.m.
___________________________________________ 7/19/2023
Sarah Krietor, Administrative Services Manager/ Date
City Clerk
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
MAY 30 & 31, 2023
COUNCIL BUDGET WORKSHOP
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
MAY 30, 2023: BUDGET WORKSHOP – DAY 1
CALL TO ORDER
Mayor Martinez called the meeting to order at 9:04 A.M.
ROLL CALL
Present: Mayor Tracy Martinez; Deputy Mayor Dan Quirk; Councilmembers Dave Druker, Terry Gaasterland and Dwight Worden
PLEDGE OF ALLEGIANCE
Mayor Martinez led the pledge of allegiance.
PUBLIC COMMENT
There were no public speakers.
CITY COUNCIL BUSINESS
ITEM 1: DISTRIBUTION OF PROPOSED FISCAL YEARS 2023-2024 AND 2024- 2025 OPERATING & CAPITAL BUDGET (CLERK’S FILE NO. 202-1) A presentation was provided by City Manager Ashley Jones and Finance Manager/Treasurer Monica Molina.
Council questions focused on the total General Fund balance; quarterly sales tax reports available on the City’s website; other City revenue sources; anticipated Clean Energy Alliance (CEA) reimbursement of $150,000; property tax revenue trend for the upcoming years and new projections received from the County of San Diego; feedback provided by the City’s Finance Committee; Transient Occupancy Tax (TOT); upcoming accounting system upgrade costs and other items included in equipment replacement fund; gas tax fund; and general governmental fund revenues and expenditures totals.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 10:10 a.m. to 10:22 a.m.
A presentation was provided by City Manager Jones regarding proposed budget items, which primarily focused on proposed new staffing positions. Council questions and discussion focused on offsetting the cost of additional staffing; potential financial impact of 1 July 24, 2023 Item 03
SPECIAL MEETING – COUNCIL BUDGET WORKSHOP
May 30 & 31, 2023
Fire Association negotiations; consequences of not hiring additional proposed positions; opportunities to further streamline processes to reduce staff time spent on review of planning applications/projects; department performance metrics; 9/80 schedule and counter hours; and recruitment timeline for the proposed positions.
A presentation on the Measure Q Fund was provided by Finance Manager/Treasurer Molina. Council questions and discussion focused on Measure Q Oversight Committee scope; Shores Park master planning effort status and funding; detailed construction costs analysis; and public bid process requirements. The Council consensus was for staff to provide some general information about the City’s public bidding process and what is required by State law on the City’s website to help inform members of the Council and public.
ADJOURNMENT
Mayor Martinez adjourned the meeting to Wednesday, May 31, 2023 at 2:00 p.m.
MAY 31, 2023: RESUME BUDGET WORKSHOP – DAY 2
CALL TO ORDER
Mayor Martinez called the meeting to order at 2:00 P.M.
ROLL CALL
Present: Mayor Tracy Martinez; Deputy Mayor Dan Quirk; Councilmembers Dave Druker, Terry Gaasterland and Dwight Worden
PLEDGE OF ALLEGIANCE
Mayor Martinez led the pledge of allegiance.
PUBLIC COMMENT
Mayor Martinez opened Public Comment and W. Tate Scott spoke. Mayor Martinez closed public comment.
CITY COUNCIL BUSINESS
CONTINUATION OF ITEM 1 FROM THE MAY 30, 2023, SPECIAL MEETING AGENDA – PROPOSED FISCAL YEARS 2023-2024 AND 2024-2025 OPERATING & CAPITAL BUDGET (CLERK’S FILE NO. 202-1)
A presentation on capital improvement projects was provided by City Manager Ashley Jones and Finance Manager/Treasurer Monica Molina.
Council questions and discussion focused on 29th Street Seawall & Beach access project and what the proposed amount of $50,000 will fund; “Finnell Plan” evaluation to be completed by staff and a subcommittee of the Finance Committee; interest in increasing Council salary stipend via required City ballot measure; and costs associated with legal 2 July 24, 2023 Item 03
SPECIAL MEETING – COUNCIL BUDGET WORKSHOP
May 30 & 31, 2023
services. The Council also discussed the projected increased cost of the Riverpath Del Mar Phase 3 project and current funding deficit of $1.3M along with staff’s proposal to temporarily place the project on hold to allow time to seek additional grant funds for the project while still completing the project design and preparing the public bid package. It was the consensus of the Council to finalize the project design and prepare the project to go out to bid, but to temporarily hold off on bidding the project while staff works to secure additional grant funding for the project, with the goal of being able to start construction of the project by fall 2024.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 4:58 P.M.
____________________________
Nestor Machado, Acting City Clerk
3 July 24, 2023 Item 03
CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
JUNE 19, 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 4:30 p.m.
ROLL CALL
Present: Mayor Tracy Martinez; Deputy Mayor Dan Quirk; Councilmembers Dave Druker, Terry Gaasterland, and Dwight Worden
CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that there were no recusals or reportable actions for the June 19, 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 Allan Bergman spoke. Martinez closed Public Oral Communications.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Worden congratulated Michael Leaderman on being recognized as Del Mar Community Connections’ volunteer of the year; reported on the passing of long-time community member Ira Sharp; and recent Coastal Commission webinar on the California Coastal Act and Senate Bill (SB) 9. Mayor Martinez commented on Ira Sharp’s impact on the community and reported on Congressman Mike Levin hosting his 100th townhall meeting in Del Mar. Councilmember Druker reported on Congressman Levin seeking funding for the City to upgrade its storm drain system. Councilmember Gaasterland congratulated all the 2023 graduates.
CITY MANAGER’S REPORT
City Manager Ashley Jones introduced Community Services Director/Lifeguard Chief Jon Edelbrock to report on summer beach activities. Community Services Director/Lifeguard Chief Edelbrock reported on seasonal beach and park rule changes, special events, and electronic bikes. City Manager Jones and 4 July 24, 2023 Item 03
City Council Regular Minutes
June 19, 2023
Community Services Director/Lifeguard Chief Edelbrock answered City Council questions regarding ebike regulations and licensing requirements.
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 COUNCILMEMBER GAASTERLAND, SECONDED BY COUNCILMEMBER WORDEN TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 12 WITH AN AMENDMENT TO ITEM 1 PER STAFF RED DOT. (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: JUNE 5, 2023 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, as amended by the staff red dot, on consent.
ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED JUNE 19, 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: SECOND READING AND ADOPTION OF AN ORDINANCE TO REGULATE TWO UNIT
RESIDENTIAL DEVELOPMENT AND URBAN LOT SPLIT PROJECTS IN ACCORDANCE WITH CALIFORNIA SENATE BILL 9 (SB 9) (CLERK’S FILE NO. 305- 1, 401-4, 401-7, 401-9)
Council adopted Ordinance 996, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ADOPTING NEW CHAPTERS 30.93, 24.66, 23.07; AMENDING CHAPTERS 30.75, 30.10, 30.11, 30.12, 30.13, 30.14, AND 30.15 OF THE CITY OF DEL MAR MUNICIPAL CODE, AND LOCAL COASTAL AMENDMENT (ZA22- 003/A22-001/LCPA22-003) ESTABLISHING THE PROCEDURES AND OBJECTIVE
STANDARDS FOR THE DEVELOPMENT OF TWO UNIT RESIDENTIAL
DEVELOPMENT AND URBAN LOT SPLITS ON SINGLE DWELLING ZONED PROPERTIES IN ACCORDANCE WITH SENATE BILL 9”, on consent.
Councilmember Worden reported on red dot questions answered by staff.
ITEM 5: SECOND READING AND ADOPTION OF AN ORDINANCE TO AMEND PROSPECTIVE ORDINANCE NO. 982 PURSUANT TO CALIFORNIA COASTAL COMMISSION ACTION ON MAY 10, 2023, APPROVING A CONDITIONAL CERTIFICATION ORDER
WITH REQUIRED MODIFICATIONS (ALL RELATING TO THE PARKING AMENDMENTS UNDER DMMC CHAPTER 30.80 ADOPTED BY THE CITY COUNCIL IN DECEMBER 2021) (CLERK’S FILE NO. 305-1, 401-4, 401-9, 905-3) 5 July 24, 2023 Item 03
City Council Regular Minutes
June 19, 2023
Council adopted Ordinance 997, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AMENDING REGULATIONS GOVERNING
REQUIRED OFF-STREET PARKING AS ADOPTED BY PROSPECTIVE ORDINANCE NO. 982 PURSUANT TO THE CONDITIONAL CERTIFICATION ACTION TAKEN BY THE CALIFORNIA COASTAL COMMISSION ON MAY 10, 2023 IN ORDER TO OBTAIN
FINAL CERTIFICATION OF THE SUBMITTED LOCAL COASTAL PROGRAM AMENDMENT APPLICATION”, on consent.
ITEM 6: SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER
21.70 OF THE DEL MAR MUNICIPAL CODE TO REVISE EMERGENCY WATER MANAGEMENT WATER SHORTAGE RESPONSE LEVELS (CLERK’S FILE NO. 401- 4, 401-9, 907-10)
Council adopted Ordinance 998, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AMENDING DEL MAR MUNICIPAL CODE CHAPTER
21.70 TO REVISE EMERGENCY WATER MANAGEMENT WATER SHORTAGE STAGES”, to align with the six standard water shortage levels as required by the California Water Code, on consent.
ITEM 7: AGREEMENT WITH CLAIMS MANAGEMENT ASSOCIATES, INC. FOR GENERAL LIABILITY CLAIMS MANAGEMENT SERVICES (CLERK’S FILE NO. 406-1) Council approved a Professional Services Agreement with Claims Management Associates, Inc. to provide general liability claims management and third-party adjustment services; and authorized the City Manager to execute the Agreement, on consent.
ITEM 8: SECOND AMENDMENT TO AGREEMENT WITH CLIFTONLARSONALLEN LLP FOR PROFESSIONAL AUDIT SERVICES (CLERK’S FILE NO. 406-1 )
Council approved the Second Amendment to the Agreement (Agreement) between the City of Del Mar and CliftonLarsonAllen LLP for professional auditing services, extending the Agreement for an additional two-year period ending June 30, 2025; and authorized the City Manager to execute the Second Amendment, on consent.
ITEM 9: AGREEMENT FOR AS-NEEDED PUBLIC INFORMATION, COMMUNICATION, AND OUTREACH SERVICES (CLERK’S FILE NO. 406-1, 1201-6)
Council approved a professional services agreement with Adam Kaye Communications to provide as-needed public information, communication, and outreach services for an initial three-year period effective July 1, 2023, through June 30, 2026; and authorize the City Manager to execute the agreement, on consent.
Councilmember Worden commented on improved City communications with the community.
ITEM 10: APPROVAL OF LEASE AND MAINTENANCE AGREEMENTS WITH CANON USA, INC. C/O SIGNA DIGITAL SOLUTIONS, INC. FOR A NEW CANON MULTI-FUNCTION DEVICE (CLERK’S FILE NO. 406-1)
6 July 24, 2023 Item 03
City Council Regular Minutes
June 19, 2023
Council authorized the City Manager to execute a sixty (60) month lease and maintenance agreement with Canon USA, Inc. C/O Signa Digital Solutions, Inc. for a new Canon Color Multi-function Device (MFD) for City Hall, on consent.
ITEM 11: RESOLUTION ACCEPTING STATE-MANDATED ANNUAL FIRE INSPECTIONS REPORT (CLERK’S FILE NO. 1101-8)
Council adopted Resolution 2023-19, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA ACKNOWLEDGING RECEIPT OF A REPORT MADE
BY THE FIRE CHIEF OF THE DEL MAR FIRE DEPARTMENT REGARDING THE
INSPECTION OF CERTAIN OCCUPANCIES REQUIRED TO PERFORM ANNUAL INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE” and in conjunction with Senate Bill (SB) 1205, on consent.
ITEM 12: ADOPTION OF A RESOLUTION TO FIND AND ACCEPT THAT THE STATE
DEPARTMENT OF HOUSING AND COMMUNITY DEPARTMENT (HCD)
ADMINISTRATIVE EDIT TO HOUSING PROGRAM 3B (AFFORDABLE HOUSING ON
PUBLIC SITES) IS CONSISTENT WITH THE PREVIOUSLY ADOPTED CITY COUNCIL RESOLUTION AND RESULTS IN FINAL CERTIFICATION OF THE CITY’S 6TH CYCLE HOUSING ELEMENT (CLERK’S FILE NO. 304-7)
Council adopted Resolution 2023-20, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, TO FIND THAT THE CITY’S AGREEMENT TO
INCORPORATE THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CLARIFYING “TECHNICAL MODIFICATION” TO THE ADOPTED 6TH CYCLE HOUSING ELEMENT PROGRAM 3B (AFFORDABLE HOUSING ON PUBLIC
SITES) IS CONSISTENT WITH PREVOUSLY ADOPTED COUNCIL RESOLUTION 2023-12”, which resulted in HCD determining that the City’s Housing Element is in “substantial compliance” with State Housing Element Law, on consent.
COMMISSION AND COMMITTEE INTERVIEWS
ITEM 13: PLANNING COMMISSION INTERVIEWS AND APPOINTMENTS (CLERK’S FILE NO. 401-5)
Acting City Clerk Nestor Machado provided an overview of the Planning Commission interview and appointment process. The City Council interviewed three applicants including Jas Grewal, John Spelich, and Ajit Venkatraman.
The Council voted to appoint Jas Grewal to the Planning Commission with a vote of 4–1 with Councilmember Worden opposed. Council unanimously voted for John Spelich to be appointed to the Planning Commission. Jas Grewal and John Spelich will be voting members on the Planning Commission for full four-year terms beginning July 1, 2023, and ending on July 31, 2027.
ITEM 14: DESIGN REVIEW BOARD INTERVIEWS AND APPOINTMENT (CLERK’S FILE NO. 401-5)
7 July 24, 2023 Item 03
City Council Regular Minutes
June 19, 2023
Acting City Clerk Nestor Machado provided an overview of the Design Review Board interview and appointment process. The City Council interviewed two applicants including Linda Judd and Ajit Venkatraman.
Council unanimously voted to appoint Linda Judd to serve as a voting member on the Design Review Board for a full four-year term effective July 2, 2023 and expiring on July 31, 2027.
CITY COUNCIL OTHER BUSINESS
ITEM 15: ADOPTION OF THE FISCAL YEARS 2023-2024 AND 2024-2025 OPERATING AND CAPITAL BUDGET AND RELATED BUDGET RESOLUTIONS (CLERK’S FILE NO. 202-1 )
An introduction to the item was provided by City Manager Ashley Jones. A presentation was provided by Finance Manager/Treasurer Monica Molina.
Council questions focused on annual contribution to San Dieguito River Valley Regional Open Space Park JPA; Measure Q undergrounding funds; purpose of the Capital Reserve account; plans for staff and a subcommittee of the Finance Committee to review the Finnell Plan; street paving and repairs funding sources; Equipment Reserve funds being set aside for new accounting system; enterprise funds; and work being completed by the Undergrounding Project Advisory Committee’s subcommittee.
Mayor Martinez opened the item to public comment and Clive Freeman spoke. Mayor Martinez closed the item to public comment.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY MAYOR MARTINEZ TO 1) ACCEPT FINAL CHANGES TO THE PROPOSED BUDGET DOCUMENT IDENTIFIED IN TABLE A; AND 2) ADOPT RESOLUTION 2023-21, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ADOPTING THE FISCAL YEARS 2023-2024 AND 2024-2025 OPERATING AND CAPITAL BUDGET AND CITY COUNCIL PRIORITIES”; RESOLUTION 2023-22, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ADOPTING THE
COMPENSATION PLANS FOR MANAGEMENT AND PROFESSIONAL, GENERAL, AND MISCELLANEOUS, PART-TIME, TEMPORARY AND HOURLY EMPLOYEES”; RESOLUTION 2023- 23, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, SETTING THE FISCAL YEAR 2023-2024 CITY OF DEL MAR FEE SCHEDULE FOR PLANNING, PUBLIC WORKS, COMMUNITY SERVICES, AND ADMINISTRATION SERVICES”; RESOLUTION 2023-24, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ESTABLISHING THE FIXED CHARGE ASSESSMENTS FOR BONDED INDEBTEDNESS FOR FISCAL YEAR 2023- 2024”; RESOLUTION 2023-25, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023-24”; RESOLUTION 2023-26, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, APPROVING THE STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2023- 2024, AND DELEGATING THE AUTHORITY TO INVEST CITY FUNDS TO THE TREASURER”; RESOLUTION 2023-27, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, SETTING THE FISCAL YEAR 2023-2024 PARKING VIOLATION FINES SCHEDULE”;
INCLUDED AS ATTACHMENTS A, C-H AS REQUIRED IN ORDER TO FORMALLY ADOPT THE FISCAL YEARS 2023-2024 AND 2024-2025 OPERATING AND CAPITAL BUDGET. (VOTE 5-0) Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
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REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the Clean Energy Alliance JPA (CEA) Board of Directors; Regional Solid Waste Association; San Diego Metropolitan Wastewater Commission/JPA; Oceanside Sand Retention Project; League of California Cities - Local Cities Group; San Dieguito River Valley Regional Open Space Park JPA–Executive Committee; San Diego Association of Governments (SANDAG) LOSSAN Executive Task Force; North County Transit District (NCTD); SANDAG Board of Directors; SANDAG Audit Committee; Human Resources Subcommittee; Planning Process Subcommittee; 22nd District Agricultural Association Community Relations Committee; CSA-17 Ambulance District Advisory Board; Del Mar Community Connections; Housing Subcommittee; and Parks and Recreation Committee.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 6:39 p.m.
Nestor Machado, Acting City Clerk
9 July 24, 2023 Item 03
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
CLOSED SESSION
JULY 10, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
And via teleconference
4225 Lake Drive, Soda Springs, CA 95728
CALL TO ORDER
Mayor Martinez called the meeting to order at 2:45 P.M.
ROLL CALL
Present: Mayor Tracy Martinez; Councilmembers Dave Druker, Terry Gaasterland and Dwight Worden. Deputy Mayor Dan Quirk participated in the meeting remotely.
CLOSED SESSION
A) Conference with Legal Counsel – Existing Litigation
Olson v. City of Del Mar
San Diego Superior Court Case No. 37-2019-00069156-CU-MC-CTL Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None. City Attorney Leslie Devaney reported that the name of the lawsuit was properly listed on the agenda. However, the case number was incorrect. The correct case number is: 37-2023-0023407-CU-PT-CTL.
B) Conference with Legal Counsel – Existing Litigation
Gina Mattern v. City of Del Mar
Case No. 37-2023-00010313-CL-JR-CTL
Authority: Govt. Code § 54956.9(d)(1)
Reportable Action: None.
C) Conference with Legal Counsel – Existing Litigation
Danielle Nicholas v. City of Del Mar
Case No. 37-2023-00010328-CL-JR- CTL
Authority: Govt. Code § 54956.9(d)(1)
Reportable Action: None.
D) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: Two
Description: Potential liabilities related to: 1) Ministerial approval of Accessory Dwelling Unit (ADU) located at 2610 Ocean Front; and 2) Short Term Rental regulations Authority: Government Code Section 54956.9(b)
Reportable Action: None.
10 July 24, 2023 Item 03
SPECIAL MEETING MINUTES
July 10, 2023
E) Conference with Labor Negotiators
Negotiators: City Manager Ashley Jones; Finance Manager/Treasurer Monica Molina, Administrative Services Manager/City Clerk Sarah Krietor; Associate Management Analyst Kseniia Izgarskaia
Labor Associations: Del Mar Firefighters Association (DMFA) Authority: Gov. Code Section 54957.6
Reportable Action: None.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 4:24 P.M.
________________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
11 July 24, 2023 Item 03
CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
JULY 10, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
And via teleconference
4225 Lake Drive, Soda Springs, CA 95728
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 4:30 p.m.
ROLL CALL
Present: Mayor Tracy Martinez; Deputy Mayor Dan Quirk (via teleconference); 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 actions for the July 10, 2023, City Council Closed Session meeting. She reported that for Item IIIA the name of the lawsuit was properly listed on the agenda. However, the case number was incorrect. The correct case number is:
37-2023-0023407-CU-PT-CTL.
PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Martinez opened public oral communications and the follow people spoke:
1) Julie Maxey-Allison
2) Suren Dutia
3) Lee Larcher
Mayor Martinez closed public oral communications.
City Manager Ashley Jones provided additional context regarding the City’s plans and process to evaluate potential traffic control measures on Camino del Mar, including working with the City’s contract Traffic Engineer, Traffic and Parking Advisory Committee, and San Diego County Sheriff. Public Works Director Joe Bride provided an update on the status of the citywide streets improvement assessment.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Worden announced that he will be participating remotely in the July 24, 2023, City Council meeting. Councilmember Gaasterland announced that she will be absent for the July 14, 2023, San Diego Association of Governments (SANDAG) Board of Directors meeting. Mayor Martinez reported 12 July 24, 2023 Item 03
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July 10, 2023
on the success of the Del Mar 4
th of July Parade and expressed her appreciation to the community and staff.
CITY MANAGER’S REPORT
City Manager Jones reported that the Planning Commission will hold a public workshop on Accessory Dwelling Units (ADU) and manufactured homes on July 11, 2023; upcoming SANDAG presentation at the July 24, 2023, City Council meeting to report on the Del Mar Tunnel Alignment Project public outreach process. City Manager Jones and Administrative Services Manager/City Clerk Sarah Krietor reported on the City’s red dot process and email addresses for submitting written public comment.
PRESENTATIONS
ITEM 1: PRESENTATION FROM LOCAL BOYS AND GIRLS CLUB CHIEF EXECUTIVE OFFICER MARINEKE VANDERVORT (CLERK’S FILE NO. 1202-3)
Mayor Martinez introduced the item. A presentation was provided by Marineke Vandervort Chief Executive Offer of the Boys and Girls Club of San Dieguito. KC Vafiadis presented the Boys and Girls Club with a $10,000 dollar donation.
City Council questions and comments focused on appreciation to the Boys and Girls Club of San Dieguito for the services they provide to the community; cost for services and cost free options; and support for the fundraising events hosted by the Boys and Girls Club of San Dieguito in Del Mar.
There were no public speakers for this item.
CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY COUNCILMEMBER DRUKER TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 8. (VOTE 5-0) Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
ITEM 2: APPROVAL OF MINUTES: JUNE 19, 2023 AND JUNE 30, 2023 SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED JULY 10, 2023 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.
ITEM 4: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
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ITEM 5: AUTHORIZATION TO APPLY FOR STATE OF CALIFORNIA RECREATIONAL TRAILS PROGRAM GRANT FUNDS FOR THE DEL MAR RIVERPATH EXTENSION PHASE 3 (CLERK’S FILE NO. 201-13, 406-1)
Council adopted Resolution 2023-28, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AUTHORIZING THE FILING OF AN APPLICATION
WITH THE STATE OF CALIFORNIA FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM”, for the Del Mar Riverpath Extension Phase 3 Project; and authorized the City Manager to execute the necessary related documents and agreements required to receive the grant funding, on consent.
ITEM 6: COMMUNITY SUPPORT PROGRAM FUNDING AGREEMENTS FOR FISCAL YEARS 2023-2024 AND 2024-2025 (CLERK’S FILE NO. 406-1, 1202-3, 1202-9) Council approved the recommended Community Grant Funding Agreements for Fiscal Years (FY) 2023-2024 and 2024-2025; and authorized the City Manager to execute the Agreements and related documents, on consent.
ITEM 7: TRAFFIC AND PARKING ADVISORY COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5)
Council appointed Zach Groban as the at-large, business representative voting member of the Traffic and Parking Advisory Committee to serve the balance of a vacant term starting July 10, 2023, and ending on January 30, 2025, on consent.
ITEM 8: CONSIDERATION OF THE 2023-2027 MEMORANDUM OF AGREEMENT BETWEEN
THE CITY OF DEL MAR AND THE DEL MAR FIREFIGHTERS ASSOCIATION (CLERK’S FILE NO. 406-1, 502-3)
Council adopted Resolution 2023-29, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, APPROVING THE MEMORANDUM OF
AGREEMENT BETWEEN THE CITY OF DEL MAR AND THE DEL MAR FIREFIGHTERS ASSOCIATION FOR THE PERIOD JULY 1, 2023 THROUGH JUNE 30, 2027”; authorized the City Manager to execute the Agreement; and adopted Resolution 2023-30, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ADOPTING THE FISCAL YEAR 2023-2024 COMPENSATION PLAN FOR FIRE EMPLOYEES”, on consent.
CITY COUNCIL OTHER BUSINESS
ITEM 9: PRESENTATION OF DATA RELATED TO ACTIVE SHORT-TERM RENTALS AND
COUNCIL DIRECTION ON NEXT STEPS TO CONSIDER ESTABLISHMENT OF NEW POLICIES/REGULATIONS (CLERK’S FILE NO. 301-19)
An introduction to the item was provided by City Manager Jones and Planning and Community Development Director Karen Brindley. A presentation was provided by Principal Planner Amanda Lee.
Planning and Community Development Director Brindley, Associate Planner Adriana Jaramishian, and Kuda Wekwete, Managing Director with DTA, the City’s data consultant, were available to answer Council questions.
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Council questions focused on clarifying the data in the report related to Short Term Rental (STR) cleaning fees, parking, number of bedrooms, occupancy rates, vacancy rate calculations, number of occupants, length of stay, and black out/available rental dates/periods; preliminary/unvetted Transient Occupancy Tax (TOT) revenue projections; whether DTA will continue to collect data in the 2023 summer months; process used for scrubbing data; process used for determining owner occupied versus investment properties; California Department of Finance dwelling unit data; considerations related to timeshares at Wave Crest and L’Auberge; next steps in the process for developing STR regulations; availability of STR data from property management companies; process for considering and implementing TOT for STRs; and timing for receiving STR TOT revenue projections.
Mayor Martinez opened the item to public comment and the following people spoke:
1) Ken Assi
2) Julie Split-Keyes
3) Debbie Church
4) Steve Quirk
5) Kimberly Jackson
Mayor Martinez closed the item to public comment.
Council discussed the STR data and considered whether the Council would like to receive additional STR data. There was Council consensus to collect June 2023 data; to expand existing and June 2023 data sets to include information regarding number of bedrooms and occupancy capacity, if available; and to set aside data related to timeshares at Wave Crest and L’Auberge.
Council discussion also focused on the next step in the process for considering, developing and implementing STR regulations including the purpose and goals of the July 24 and September 5, 2023, City Council meetings; desire to establish guiding principles and objectives to develop STR regulations and receive information regarding the City’s current zoning and Local Coastal Program (LCP) regulations that relate to STRs at the July 24, 2023, Council meeting; desire to receive a report from the City Attorney’s office on the legal landscape and case law related to STR’s, including STR related approvals by the Coastal Commission, at the September 5, 2023, Council meeting; logistics and number of potential STR permits; desire to receive information about enforcement options, such as a three strike policy; importance of public participation, outreach and engagement in the process; whether STR trash impact data is available through the City’s waste hauler EDCO; percentage of STRs compared to the City’s total housing stock; California Environmental Quality Act (CEQA) process for STR regulations; and whether the City has received any input from local hotels/motels.
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY MAYOR MARTINEZ TO FOLLOW THE PROCESS OUTLINED BY COUNCILMEMBERS DRUKER AND GAASTERLAND. (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 7:19 to 7:25 p.m.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the League of California Cities- San Diego Chapter; Regional Solid Waste Authority; SANDAG Shoreline Preservation Working Group; Shores Advisory Committee; 15 July 24, 2023 Item 03
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SANDAG Board of Directors; Del Mar Village Association; Legislative Subcommittee; Undergrounding Project Advisory Committee; Clean Energy Alliance; SANDAG LOSSAN Executive Task Force; Del Mar Railroad Committee; Fire Governance Board; Parks and Recreation Committee; and Sustainability Advisory Committee.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 7:55 p.m.
_______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
16 July 24, 2023 Item 03
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Matt Bator, AICP, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: July 24, 2023
SUBJECT: Approval of a Professional Services Agreement with Ascent Environmental Inc. to Prepare Residential Objective Design Standards in Accordance with Program 6G of the City’s Adopted 6th Cycle Housing Element REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Approve a Professional Services Agreement with Ascent Environmental Inc. for the preparation of Objective Design Standards for byright/ministerial residential housing projects (Attachment A); and 2) Authorize the City Manager to execute the Agreement.
DISCUSSION/ANALYSIS:
Del Mar Municipal Code (DMMC) Chapter 23.08 is the City’s Design Review Ordinance that sets forth the existing discretionary permit process applicable to most residential development in Del Mar. The Design Review permitting process has long been utilized to preserve the City’s unique coastal charm and village-like character by encouraging development that is both compatible with existing neighborhoods and is sensitive to the community’s distinctive environmental features. Program 6G of the City’s certified 6 th
Cycle Housing Element commits the City to create new objective design standards, involving “measurable and verifiable” criteria, that can be applied to development projects where the City’s discretion over design review is otherwise preempted per State law.
These standards are intended to apply to any by-right/ministerially processed housing development projects that include an affordable housing component, and could be used, subject to future City Council action, for other development types exempt from discretionary design review (i.e., Senate Bill 9 (SB 9) and Accessory Dwelling Units).
On May 24, 2023, staff distributed a request for task order proposals to pre-qualified firms participating in the San Diego Association of Government’s (SANDAG) ‘On-Call Sustainable Communities Consulting Services” program. Of the five firms that received the request for professional services to develop Objective Design Standards, only Ascent Environmental Inc. submitted a proposal. Staff has reviewed Ascent’s proposal and determined the firm is well-qualified to perform the task. Among Ascent’s qualifications was their experience and lead role in preparing an Objective Design Standard toolkit for the State Department of Housing and Community Development (HCD). Ascent’s 1 July 24, 2023 Item 06
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Objective Design Standards Consultant
July 24, 2023
submitted cost proposal of $89,908, is within the solicited budget maximum of $90,000.
The attached proposed agreement includes the consultant’s proposal as “Exhibit A”.
At the request of the City, the firm’s proposal includes an optional task for the preparation of a multi-dwelling unit residential parking study that would justify parking-related standards for proposed multi-unit development that is subject to ministerial approval and objective design standards. This optional task was requested based on expressed interest by the City Council during the recent adoption of Del Mar’s SB 9 Ordinance in pursuing tailored parking standards. The intent is to provide a rational basis for implementation of community-specific parking regulations that otherwise would be inconsistent with the State’s general parking exemptions mandated by various State laws.
Because Ascent does not have the in-house support for conducting a parking study, the optional task would be managed by Ascent but conducted and provided by a traffic engineering firm that has also been pre-qualified by SANDAG through its ‘On-Call Sustainable Communities Consulting Services” program. Council authorization of the Agreement with the optional parking study does not bind the City to completing the parking study through Ascent, it simply provides the City with the option to do the work through Ascent or the City has the option to pursue a separate agreement for the parking study using one of the City’s on-call traffic engineering firms or to conduct an RFP to select a consultant to do this work.
If authorized by the City Council, the consultant is expected to begin work in September 2023 with the goal of bringing a draft Objective Design Standards Ordinance to the City Council for adoption consideration no later than June 2024, which will meet the Program 6G timeline indicated in the City 6th Cycle Housing Element.
FISCAL IMPACT:
Currently, there are funds totaling $106,000 available in a special project budget for this work. As a separate agenda item on July 24, 2023, the City Council will be considering authorizing the submittal of a SANDAG Cycle 2 Housing Acceleration Program (HAP) grant application totaling $101,000, with a City partial match of $5,000, for this special project. If awarded, this would result in a cost savings to the general fund up to $101,000.
The proposed grant amount anticipates completing a study of multi-dwelling unit parking standards as well as additional studies that may be needed as a basis to justify the objective design standards (i.e., additional studies related to citywide parking-related standards, public scenic view protections, etc.).
ENVIRONMENTAL IMPACT:
The action being considered is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. Any project developed as a result of the City Council’s action that requires the City or the City Council’s discretionary approval resulting in a physical change to the environment will be analyzed in accordance with CEQA prior to such approval.
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Objective Design Standards Consultant
July 24, 2023
HOUSING IMPACT:
The proposed agreement will help implement Housing Element Program 6G (Objective Design Standards). The objective design standards will apply to housing projects where the City’s discretion over design review is otherwise preempted per State law. The intent of the objective design standards is to foster good design for implementation of affordable housing projects consistent with the Housing Element and Del Mar Community Plan.
NEXUS TO CITY COUNCIL GOALS & PRIORITIES:
This item is listed as a Tier 1 City Council priority special project for FY 2023/24.
ATTACHMENTS:
Attachment A – Professional Services Agreement with Ascent Environmental Inc. 3 July 24, 2023 Item 06
Attachment A
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND ASCENT ENVIRONMENTAL, INC.
FOR THE PREPARATION OF OBJECTIVE DESIGN STANDARDS
This Professional Services Agreement (“Agreement”) is made and entered into this 24th day of July, 2023 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and Ascent Environmental, Inc. (“Consultant”) (collectively “Parties”).
WHEREAS, the City desires to employ a consultant to assist the City in completing 6th Cycle Housing Element Program 6-G through the preparation of Objective Design Standards (“Consulting Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A” and incorporated herein; and
WHEREAS, the City has initially determined that Consultant is qualified by experience and ability to perform the services desired by City, and Consultant is willing to perform such services; and
WHEREAS, Consultant will conduct all the work as described and detailed in this Agreement to be provided to the City.
NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:
1. CONSULTING SERVICES.
1.1 Scope of Services. The Consultant shall perform the Consulting Services as set forth in the written Scope of Services, attached hereto as Exhibit “A” and incorporated herein. Such services shall be provided at the direction of the City.
1.2. Project Coordinator. Matt Bator, Principal Planner is hereby designated as the Project Coordinator for City and will monitor the progress and execution of this Agreement.
Christine Babla is hereby designated as the Project Director for Consultant, who will be responsible for the Consultant’s progress and execution of the Agreement.
1.3. City Modification of Scope of Services. City may order changes to the Scope of Services within the general scope of this Agreement consisting of additions, deletions, or other revisions. If such changes cause a change in the Consultant’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Consultant’s compensation and/or contract time shall be made, subject to the City’s approval. All such changes shall be authorized in writing, executed by Consultant and City. If such a change results in an extension of the term of this Agreement or increases the maximum amount to be paid under this Agreement, no such change shall have any force or effect unless an amendment to this Agreement is approved by the City Council.
2. DURATION OF AGREEMENT.
2.1 Term, Time for Performance. This Agreement shall be effective for an initial period of three (3) years from the date first written above. Upon satisfactory performance and written agreement of both parties, the Agreement may be extended for an additional two (2) year period.
4 July 24, 2023 Item 06
Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.
2.2 Delay. Any delay resulting from causes beyond the control of Consultant may merit an extension of time for the completion of the Scope of Services. When such delay occurs, Consultant shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the Consulting Services when justified by the circumstances provided that no extension of time shall be granted which would extend the time for performance beyond the date specified in section 2.1 above.
2.3 City’s Right to Terminate for Default. Should Consultant be in default of any covenant or condition hereof, City may immediately terminate this Agreement for cause if Consultant fails to cure the default within ten (10) calendar days of receiving written notice of the default.
2.4 City’s Right to Terminate without Cause. Without limiting its rights in the event of Consultant’s default, City may terminate this Agreement, without cause, by giving written notice to Consultant. Such termination shall be effective upon receipt of the written notice.
Consultant shall be compensated for all effort and material expended on behalf of City under the terms of this Agreement, up to the effective date of termination. All personal property remaining in City facilities or on City property thirty (30) days after the expiration or termination of this Agreement shall be, at City’s election, considered the property of City.
3. PERFORMANCE AFTER TERMINATION. Upon termination of this Agreement as provided herein, Consultant shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by Consultant to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by Consultant shall be delivered to the City Manager, upon his request, as property of City.
4. COMPENSATION.
4.1 Total Amount. Compensation to Consultant shall be provided in accordance with the rates described in the Scope of Services contained in Exhibit “A” Consultant shall bill the City for work provided and shall present a written request for such payment monthly.
City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Consultant in advance. Consultant acknowledges that it is not guaranteed any particular amount of work.
4.2 Additional Services. City may, as the need arises or in the event of an emergency, request additional services of Consultant. Should such additional services be required, Compensation therefore shall be paid to the Consultant in accordance with Scope of Services contained in Exhibit “A.” City and Consultant shall agree to the costs prior to commencement of such work.
5. INDEPENDENT CONTRACTOR. Consultant is, for all purposes arising out of this Agreement, an independent contractor. The Consultant has and shall retain the right to exercise full control and supervision of all persons assisting the Consultant in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Consultant nor Consultant’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Consultant being solely responsible for all such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters. 5 July 24, 2023 Item 06
6. STATEMENT OF EXPERIENCE. Consultant agrees and represents by executing this Agreement that it has the financial resources, service experience, completion ability, personnel, and experience in dealing with public agencies necessary for performing the Scope of Services and that such performance shall be in accordance with the standards customarily adhered to by an experienced and competent Consultant using the degree of care and skill ordinarily exercised by reputable Consultants practicing in the same field of service in the State of California. Additionally, Consultant and all of Consultant’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.
7. AUDIT OF RECORDS.
7.1 At any time during normal business hours and as often as may be deemed necessary, the Consultant shall make available to a representative of City for examination all of its records with respect to all matters covered by this Agreement and shall permit City to audit, examine, and/or reproduce such records. Consultant shall retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.
7.2 The Consultant shall include the City’s right to audit under this section in any and all of their subcontracts and shall ensure that these sections are binding upon all subcontractors.
8. CONFIDENTIALITY. All Consulting services performed by Consultant, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to Consultant, at the time that it was disclosed to Consultant by the City, (b) subsequently becomes publicly known through no act or omission of Consultant or (c) otherwise becomes known to Consultant other than through disclosure by the City. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the City. The sole purpose of this section is to prevent disclosure of City’s confidential and proprietary information by Consultant or subcontractors.
9. CONFLICTS OF INTEREST.
9.1 Consultant shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code § 87103. Consultant represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City.
9.2 Consultant shall comply with all of the reporting requirements of the Political Reform Act. The Consultant shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the Consultant is subject to a conflict of interest code, if applicable. The Consultant shall also file a Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which the Consultant was subject to a conflict of interest code.
9.3 If, in performing the Consulting Services set forth in this Agreement, the Consultant makes, or participates in, a “governmental decision” as described in Title 2, section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for the City that would otherwise be performed by a City employee holding a position specified in the department's conflict of interest code, the Consultant shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests 6 July 24, 2023 Item 06
disclosing the Consultant’s relevant financial interests.
10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by Consultant under this Agreement shall be considered the property of City. Consultant shall be permitted to reference and use said materials for use in future studies, work, and marketing so long as said materials are considered “public documents” and are not subject to attorney-client privilege, or the subject of pending closed or executive session discussions.
11. INSURANCE
11.1 Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than “A” and “VII” and are admitted to do business in the State of California, unless otherwise approved in writing by the City’s Risk Manager.
11.2 Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to non-payment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.
11.3 Types and Amounts Required. Consultant shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
11.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
11.3.2 Commercial Automobile Liability. For all of the Consultant's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $300,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).
11.3.3 Workers' Compensation. For all of the Consultant's employees who are subject to this Agreement and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage. The Consultant shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives.
11.3.4 Consulting Liability. Consulting liability (errors and omissions) coverage with a limit of $1,000,000 per claim and $2,000,000 annual aggregate. The Consultant shall ensure both that (1) the policy retroactive date is on or before the date of commencement of the Scope of Services; and (2) the policy will be maintained in force for a period of three years after substantial completion of the Scope of Services or termination of this Agreement whichever occurs last. The Consultant agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the City's exposure to loss. All defense costs shall be outside the limits of the policy.
11.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions are the responsibility of the Consultant and must be declared to and approved 7 July 24, 2023 Item 06
by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers, or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
11.5 Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:
11.5.1 The City, its officers, officials, employees, and representatives shall be named as additional insureds. The City's Additional Insured status must be reflected on additional insured endorsement form which shall be submitted to the City.
11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.
11.6 Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 11. The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
12. DEFENSE AND INDEMNIFICATION.
12.1 Consultant agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the Consultant, its employees, agents, and subcontractors performance of services under this Agreement. Consultant’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the City or its elected officials, officers, agents, and employees. Consultant's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's selfadministered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.
12.2 This indemnity is in addition to any other rights or remedies which City may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, at its sole discretion, reserve, retain or apply any monies due to Consultant under this Agreement for the purpose of resolving such claims; provided however, that City may release such funds if Consultant provides City with reasonable assurances of protection of the City's interest. The City shall, in its sole discretion determine whether such assurances are reasonable.
12.3 Consultant agrees that its duty to defend arises upon an allegation of liability based upon the performance of services under this Agreement by Consultant, its officers, agents, representatives, employees, sub-consultants, or anyone for whom Consultant is liable and that an adjudication of Consultant’s liability is not a condition precedent to Consultant's duty to defend.
13. SUBCONTRACTORS.
13.1 The Consultant’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the Project is subject to prior approval by the City.
13.2 All contracts entered into between the Consultant and its subcontractor shall also provide that each subcontractor shall obtain insurance policies, which shall be kept in full 8 July 24, 2023 Item 06
force and effect during any and all work on this Project and for the duration of this Agreement. The Consultant shall require the subcontractor to obtain all policies described in section 11 of this Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Consultant.
13.3 In any dispute between the Consultant and its subconsultants, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Consultant agrees to defend and indemnify the City as described in section 12 of this Agreement should the City be made a party to any judicial or administrative proceeding to resolve any such dispute or should the City incur any costs in responding to third-party discovery requests.
14. NON-DISCRIMINATION. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places available to employees and applicants for employment any notices provided by City setting forth the provisions of this nondiscrimination clause.
15. NOTICES. All communications to either party by the other party shall be delivered to the persons listed below. Any such written communications by mail shall be conclusively deemed to have been received by the addressee five (5) calendar days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted below.
If to City: If to Consultant:
City of Del Mar Ascent Environmental, Inc.
City Clerk Attn: Christine Babla
1050 Camino del Mar 1230 Columbia Street, Suite 440
Del Mar, CA 92014 San Diego, CA 92101
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.
17. RESPONSIBILITY FOR EQUIPMENT. City shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Consultant or any of Consultant’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Consultant by City. The acceptance or use of any such equipment by Consultant, Consultant’s employees, or subcontractors shall be construed to mean that Consultant accepts full responsibility for and agrees to exonerate, indemnify and hold harmless City from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.
18. CALIFORNIA LAW; VENUE/MISC. This Agreement shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Agreement shall be brought in the county of San Diego, California.
Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
19. COMPLIANCE WITH LAWS. The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of prevailing wages for public works projects, if applicable. Consultant shall indemnify and defend the 9 July 24, 2023 Item 06
Indemnified Parties from and against any liability incurred due to any failure on the part of Consultant to comply with any applicable Laws.
To the extent Consultant is required to comply with prevailing wage requirements, Consultant does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Consultant and any subconsultants ensure that they are familiar with and comply with its requirements. Such requirements include, but are not limited to, the registration requirement with the Department of Industrial Relations, State of California (DIR), pursuant to Labor Code section 1725.5. As of March 1, 2015, in compliance with SB 854, the City requires all affected contractors and consultants to be registered with the DIR prior to submitting a bid or proposal on any eligible District project. As of April 1, 2015, failure to comply with the requirements of SB 854 by any contractor or consultant, including registration with the DIR pursuant to Labor Code section 1725.5, shall be a material breach of this Agreement which may be terminated by the City in its sole and absolute discretion. Where applicable, this project is subject to compliance monitoring and enforcement by the DIR.
20. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986. Consultant certifies that Consultant is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Agreement.
21. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the Parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein.
22. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless agreed to in writing by both Parties.
23. NO WAIVER. No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement shall constitute a waiver of any such breach of such covenant, term or condition.
24. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.
25. DRAFTING AMBIGUITIES. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.
26. LEGAL FEES. In the event of the bringing of any action or suit by either party hereto against the other party hereunder to enforce or interpret any of the provisions, covenants or conditions of this Agreement, or arising out of any tortious conduct by either party incident to this Agreement, the prevailing party in such action or suit shall be entitled to recover all costs and expenses of suit, including reasonable attorneys' fees. In any action or suit brought to enforce this Agreement, the damages available shall be limited to specific performance or other such equitable relief that the court may order.
27. CONFLICTS BETWEEN TERMS. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, 10 July 24, 2023 Item 06
or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.
28. EXHIBITS INCORPORATED. All Exhibits referenced in this Agreement are incorporated into the Agreement by this reference.
29. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF DEL MAR,
a municipal corporation
By: ____________________________
Ashley Jones, City Manager
ASCENT ENVIORNMENTAL, INC.
By: _______________________
Christine Babla, Principal
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
11 July 24, 2023 Item 06
EXHIBIT “A”
SCOPE OF SERVICES
12 July 24, 2023 Item 06
PROPOSAL TO PROVIDE
CONSULTING SERVICES FOR
IMPLEMENTATION OF THE CITY OF
DEL MAR HOUSING PROGRAM 6G:
OBJECTIVE DESIGN STANDARDS
RFP NO. 2023-05
SUBMITTED TO:
CITY OF DEL MAR
June 19, 2023
PROFESSIONAL SERVICES AGREEMENT
"EXHIBIT A"
13 July 24, 2023 Item 06
Ascent Environmental, Inc., 1230 Columbia Street, Suite 440, San Diego, CA 92101 Main: 619.219.8000 Fax: 916.444.3927 ascentenvironmental.com June 19, 2023
Matt Bator, Principal Planner
City of Del Mar
1050 Camino del Mar
Del Mar, CA 92014
via email: [email protected]
Subject: Proposal for RFP 2023-05, Consulting Services for Implementation of the City of Del Mar Housing Element Program 6G: Objective Design Standards Dear Mr. Bator:
Developing Objective Design Standards is an important step in the City’s continued efforts to implement its Housing Element. This effort, identified as Program 6G in the Housing Element, is critical to maintaining the City’s ability to affect the design of multifamily housing and mixed-use development. By adopting an Objective Design Standards Manual, the City will ensure high-quality design that has a character consistent with the local community for housing that is eligible for by-right processing under state law.
The Ascent team offers Del Mar unmatched local expertise:
A full suite of services including urban design and planning, and community engagement—all under one roof in our San Diego office.
Team members with expertise in preparing statewide guidance on objective design standards through our work on the Senate Bill 2 ODS toolkit for the California Department of Housing and Community Development. A history of working collaboratively with our clients on award-winning planning and design projects, creating graphically rich and user-friendly plans and regulatory documents, design standards, and zoning updates. In-depth knowledge of housing policy, coupled with design expertise related to implementation and feasibility testing, to achieve the design outcomes that the City of Del Mar and the community desire.
The Ascent team is aware of no actual, potential, or perceived conflicts that would arise as a result of performing task order work for the City of Del Mar, and we understand that staff on this project will be required to submit Form 700.
We look forward to the opportunity to work with Del Mar and appreciate your consideration of our submittal.
Christine Babla is the primary point of contact for this effort. Please do not hesitate to contact her if you have any questions or require further information. As an Ascent principal, Christine is authorized to negotiate and execute a contract.
Sincerely,
Christine Babla, AIA, AICP, LEED AP Matt Gelbman, AICP
Principal Project Manager
e: [email protected] e: [email protected] p: 619.366.3468 p: 619.795.0153
14 July 24, 2023 Item 06
TABLE OF CONTENTS
CITY OF DEL MAR // CONSULTING SERVICES FOR OBJECTIVE DESIGN STANDARDS PAGE i 01/ OVERVIEW OF CONSULTANT AND KEY PERSONNEL .............................................1 Qualifications and Experience.................................................................................................... 5 Compensation ................................................................................................................................9 Scope of Work..........................................................................................................................................9 Proposed Budget....................................................................................................................................11 Standard Agreement ..................................................................................................................12 02/ PROPOSED APPROACH TO ACCOMPLISH THE WORK ....................................... 13 Technical and Management Approach..................................................................................13 Communication............................................................................................................................13 15 July 24, 2023 Item 06
SECTION 01// OVERVIEW OF CONSULTANT AND KEY PERSONNEL
CITY OF DEL MAR // CONSULTING SERVICES FOR OBJECTIVE DESIGN STANDARDS PAGE 1 01/OVERVIEW OF CONSULTANT AND
KEY PERSONNEL
Ascent is a dynamic environmental, natural resources, and planning consultancy with offices in San Diego, Irvine, Sacramento, Lake Tahoe, and Berkeley. Founded in 2010, the firm has grown to over 115 staff. We offer a broad spectrum of services, including planning, urban design, and community engagement; California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance; and climate change, greenhouse gas (GHG) analyses, and sustainability planning. We focus on providing personal service, nimble responsiveness, quality outcomes, a caring workplace, and enjoyable professional relationships.
Our Design + Planning Studio comprises a team of experts in urban design, master planning, affordable housing policy, transit-oriented development, downtown revitalization, and sustainability and resiliency. Our team has experience preparing innovative specific plans, master plans, and development and design standards for both public and private sector clients, including the preparation of vision plans with planning principles, alternative scenarios and ground truthing, illustrative and 3-D rendered plans, focused code updates, and form-based codes. We do this for projects ranging from the city scale to the block or individual site scale. All this work is underpinned by community outreach and client collaboration to achieve highquality and innovative results.
For this effort, Christine Babla will be Ascent’s management contact and principal-in-charge and is authorized to sign an agreement on behalf of Ascent. Matt Gelbman will be responsible for the day-to-day management of the agreement and will work closely with Christine, supported by a team of Ascent’s urban designers and planners. The principal office that will be responsible for implementation of the agreement will be Ascent’s San Diego office, located approximately 20 miles south of Del Mar City Hall. Our team’s qualifications, experience, and contact information are provided below and on the following pages. Resumes are included as an appendix.
EDUCATION
MAUD (Master of Architecture in
Urban Design), Harvard University
Graduate School of Design
B.Arch., Illinois Institute of
Technology
CONTACT INFORMATION
1230 Columbia Street, Suite 440
San Diego, CA 92101
[email protected]
619.366.3468
Christine Babla, AIA, AICP, LEED
AP
PRINCIPAL
Christine is an award-winning urban designer, architect, and urban planner with over 20 years of experience. As a principal at Ascent, she is the statewide practice leader for urban design and planning and is responsible for leading urban design and physical planning efforts.
Christine has spent her career working in urban areas on infill and redevelopment, integrating transit, walkability, and mixed use to create complete communities. She is recognized for her skill in bringing together a variety of disciplines and stakeholders to establish a distinctive community vision and for translating that vision into concise, graphic, and user-friendly vision plans, standards, and regulatory documents.
Christine’s project experience includes specific plans, community plans, master plans, streetscape design, design standards, hybrid form-based 16 July 24, 2023 Item 06
SECTION 01// OVERVIEW OF CONSULTANT AND KEY PERSONNEL
CITY OF DEL MAR // CONSULTING SERVICES FOR OBJECTIVE DESIGN STANDARDS PAGE 2 codes, and development of feasibility studies, with a special emphasis on smart growth, transit-oriented development, and sustainable design. Christine is an expert in developing design standards and led the development of the California Department of Housing and Community Development’s (HCD’s) Objective Design Standards Toolkit.
She has worked throughout Southern California, including for the Cities of South Gate, Long Beach, Los Angeles, Pasadena, Burbank, and San Diego, the County of San Diego, and the Port of San Diego, as well as the City of Sacramento, Bay Area cities, the Southern California Association of Governments (SCAG), and the Sacramento Area Council of Governments (SACOG), among others. Her projects have received numerous awards, including an American Planning Association (APA) California Chapter Award of Merit, an APA Los Angeles Comprehensive Plan Award (Large Jurisdiction), and two Congress for New Urbanism awards for planning and urban design. Christine teaches city planning at San Diego State University.
EDUCATION
Master of Urban and Regional
Planning, University of California,
Irvine
BA, Sociology, Boston University
CONTACT INFORMATION
1230 Columbia Street, Suite 440
San Diego, CA 92101
[email protected]
619.581.1134
Matt Gelbman, AICP
PROJECT MANAGER
Matt is a senior urban planner with over 15 years of experience working with jurisdictions throughout California. He has experience working on comprehensive plans, specific plans, and other policy planning and design efforts with the goal of increasing housing capacity and streamlining development approval. He is currently project manager for SANDAG’s Housing Acceleration Program Technical Assistance Program. As a project manager, Matt is responsible for coordinating with clients, leading interdisciplinary teams, adhering to schedules and budgets, and overseeing work on deliverables. In addition, he is an experienced facilitator and effective communicator and has experience developing and executing community outreach strategies and public participation programs. Matt also has experience leading in-person and virtual workshops and open houses and using a variety of other creative outreach tools and techniques, such as mobile meetings, interactive surveys, mapping activities, websites, and videos.
EDUCATION
Chelsey Payne, AICP
HOUSING POLICY SPECIALIST
Chelsey has over 16 years of experience and leadership on long-range planning projects for local governments that span California, with an emphasis on comprehensive plans, specific plans, land use studies, housing strategies, and community engagement. She is highly regarded for her ability to lead multidisciplinary teams of planners, urban designers, and experts in CEQA, economic development, 17 July 24, 2023 Item 06
SECTION 01// OVERVIEW OF CONSULTANT AND KEY PERSONNEL
CITY OF DEL MAR // CONSULTING SERVICES FOR OBJECTIVE DESIGN STANDARDS PAGE 3 Master of Regional Planning,
Cornell University
BA, Environmental Studies, Oberlin
College
CONTACT INFORMATION
455 Capitol Mall, Suite 300
Sacramento, CA 95814
[email protected]
916.396.2124
transportation, infrastructure, and other fields in the development of long-range plans that meet the requirements of state law, articulate community members’ visions and priorities, and meet the needs and expectations of local policymakers.
Chelsey has significant experience overseeing comprehensive general plan updates, having prepared over a dozen general plans for cities and counties around the state. She is also an expert in state housing element law. She has prepared 70 housing elements and provides ongoing assistance to cities and counties striving to maintain their housing elements in compliance with state law.
EDUCATION
MUEP, Urban and Environmental
Planning, University of Virginia
BA, Architecture, University of
California, Berkeley
CONTACT INFORMATION
455 Capitol Mall, Suite 300
Sacramento, CA 95814
[email protected]
916.732.3339
Anh Thai, AICP, LEED AP
SENIOR URBAN DESIGNER/PLANNER
Anh is a planner and urban designer with over 20 years of experience in master planning, transit-oriented development, and community planning projects for public and private sector clients throughout California and the western United States. She has worked on and managed projects ranging from large master plans to small infill sites, with an emphasis on visioning and implementation strategies that translate the community’s vision to plans, policies, actions, and design guidance. Anh has prepared master plans, land use plans, detailed neighborhood and streetscape plans, specific plans, development codes, and design guidelines for new and existing communities, downtowns, commercial corridors, and infill and redevelopment sites.
She is a LEED accredited professional who brings a holistic design and planning lens to each project, seeking to find the best fit solutions for each site, place, and the overall community.
EDUCATION
BS, Community and Regional
Planning, Iowa State University
CONTACT INFORMATION
455 Capitol Mall, Suite 300
Sacramento, CA 95814
[email protected]
916.444.7301
Paul Kronser
URBAN DESIGNER/PLANNER
Paul has more than 11 years of experience in planning, urban design, and community engagement. He has led community outreach efforts to engage the public on various projects ranging from high-density urban developments, housing element updates, and specific plans to rural active transportation grants. Paul’s experience has allowed him to gain skills in various community engagement methods, creating productive conversations around key issues facing communities today. 18 July 24, 2023 Item 06
SECTION 01// OVERVIEW OF CONSULTANT AND KEY PERSONNEL
CITY OF DEL MAR // CONSULTING SERVICES FOR OBJECTIVE DESIGN STANDARDS PAGE 4
EDUCATION
Master of Urban Design, The City
College of New York
B.Arch., Illinois Institute of
Technology
CONTACT INFORMATION
455 Capitol Mall, Suite 300
Sacramento, CA 95814
[email protected]
916.306.2629
Angela Khermouch, AIA
URBAN DESIGNER/PLANNER
Angela is a licensed architect and urban designer with 9 years of experience in the public and private sectors, including work in architecture, street design, and leading vision zero implementation projects. She is particularly passionate about creating urban, walkable, and bikeable environments. Before joining Ascent, Angela worked with the New York City Department of Transportation, designing and implementing complete streets projects and mobility improvements. 19 July 24, 2023 Item 06
SECTION 01// OVERVIEW OF CONSULTANT AND KEY PERSONNEL
CITY OF DEL MAR // CONSULTING SERVICES FOR OBJECTIVE DESIGN STANDARDS PAGE 5
QUALIFICATIONS AND EXPERIENCE
Ascent has been in business since 2010 and has led dozens of urban design and community planning efforts throughout Southern California and statewide, including general plans, specific plans, community plans, master plans, focused land use studies, housing feasibility and test fits, design studies, visualization, objective design standards, hybrid form-based codes, and zoning updates. The Ascent team has extensive experience working with cities, communities, and developers to prepare design guidelines and standards, including:
stand-alone design standards or design guidelines documents; integrated design standards within community plans, master plans, and specific plans; and as part of targeted zoning updates that codify development and design standards to ensure measurable development outcomes and consistency in application.
Our team members, including our principal-in-charge, Christine Babla, have experience working for the City of San Diego, the County of San Diego, SANDAG, and the Port of San Diego, as well as the Cities of South Gate, Long Beach, Los Angeles, Pasadena, Burbank, and Sacramento, Bay Area cities, the Southern California Association of Governments (SCAG), and the Sacramento Area Council of Governments (SACOG), among others.
In addition, Ascent has special expertise in housing policy, including implementing housing-related general plan updates and zoning amendments to ensure compliance with state law. Ascent’s project manager, Matt Gelbman, has worked on the preparation of specific plans and design standards and led the completion of comprehensive planning projects including housing elements and general plan updates. He also specializes in community engagement.
Several of our team members are also architects and landscape architects and have experience working with the private sector to develop parcel-specific solutions that balance site-specific constraints with economic and planning goals. We are skilled in development feasibility analysis, as well as in the preparation of 2-D and 3-D models, and routinely test key criteria such as density, intensity, setbacks, and other objective and measurable standards to ensure our deliverables will achieve the desired outcomes. This knowledge is extremely useful when preparing design standards, testing building prototypes, and creating associated graphics to streamline the development process.
Recent housing legislation, including Senate Bill (SB) 35 and SB 330, among other bills, will require cities to update their policies and procedures to remove barriers to housing implementation. Our team is working with multiple cities to create objective design standards as part of our ongoing specific plan and community planning work, as well as through our work with SANDAG and HCD on technical assistance, and on housing elements throughout the state.
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SECTION 01// OVERVIEW OF CONSULTANT AND KEY PERSONNEL
CITY OF DEL MAR // CONSULTING SERVICES FOR OBJECTIVE DESIGN STANDARDS PAGE 6 SB 2 AND LEAP/REAP TECHNICAL ASSISTANCE AND OBJECTIVE DESIGN
STANDARDS TOOLKIT
Client: California Department of Housing and Community
Development
As part of a team, Ascent supported HCD to help oversee the SB 2 Planning Grants Technical Assistance Program. SB 2, the Building Jobs and Homes Act, imposed a fee on the recording of most real estate documents in California as a means to fund construction of affordable housing. Through the SB 2 program, Ascent has provided technical assistance to local governments in the San Diego, Sacramento, and Sierra Nevada regions to help cities and counties prepare, adopt, and implement plans and process improvements that streamline housing approvals and accelerate housing production. As part of this effort, Ascent led the preparation of an Objective Design Standards Toolkit, which incorporates an overview and resources related to guiding legislation, a range of approaches that can be used to craft objective design standards and measure design “objectively,” alternative implementation approaches, best practices related to writing, organizing standards, and example topics, criteria, and graphics.
SANDAG HOUSING
ACCELERATION PROGRAM
TECHNICAL ASSISTANCE
Client: San Diego Association of
Governments
Ascent is assisting SANDAG with the
Housing Acceleration Program (HAP)
Technical Assistance Program,
providing staffing support and assistance to local jurisdictions on housing policy and legislation, housing element implementation, and CEQA streamlining to assist SANDAG’s 19 member agencies. The Technical Assistance Program supports implementation of SANDAG’s 6th Cycle Regional Housing Needs Assessment Plan, 2021 Regional Plan, and Sustainable Communities Strategy. The technical assistance resources developed through this program will support local jurisdictions as they implement their 6th cycle housing elements, implement new housing legislation, update zoning and design standards, and promote strategies to streamline CEQA and permitting processes for local housing development. The technical assistance program includes local staffing assistance, trainings and webinars, the development of templates and tools, and legislation tracking. Work on the program is funded by one-time state grant funding through the Regional Early Action Planning Grants of 2019 (REAP 1.0) program administered by HCD. 21 July 24, 2023 Item 06
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CITY OF DEL MAR // CONSULTING SERVICES FOR OBJECTIVE DESIGN STANDARDS PAGE 7
SOUTH GATE GATEWAY DISTRICT SPECIFIC PLAN
Client: City of South Gate
Ascent is working with the City of
South Gate to finalize preparation of
the Gateway District Specific Plan, in
anticipation of the planned EcoRapid/West Santa Ana Branch South Gate Transit Station. The Specific Plan
provides a vision and framework for
the new station, station area, and
surrounding transit-oriented development, which will be mixed-use and pedestrian- and transit-focused. The plan is a concise, user-friendly, and highly graphic document that establishes the regulatory approach for the Gateway District, including goals and development and design standards, together with frameworks for development, mobility, and open space strategies, as well as transition areas to the surrounding light and heavy industrial areas. The effort included the coordination of a steering committee and a wide public outreach effort to create a feasible development strategy that respects the city’s industrial character and existing neighborhood context.
SUNNYVALE VILLAGE CENTER MASTER
PLAN
Client: City of Sunnyvale
Ascent is working with the City of Sunnyvale on the Village Center Master Plan, a plan for seven Village Centers,
identified in the City’s General Plan Land Use and
Transportation Element (LUTE). The Master Plan will
incorporate development concepts, updated zoning, streetscape strategies, and a “toolkit” of objective design and development standards for the infill and revitalization of seven mixed-use neighborhood nodes throughout Sunnyvale. The Master Plan will ensure integration into the surrounding neighborhoods while creating local identity and a sense of place with a vibrant mix of public, commercial, and residential activities and public space improvements. Extensive community engagement has been a key component of the planning process, including virtual workshops, study sessions, and online surveys.
ELK GROVE SPECIAL PLANNING AREA UPDATE
Client: City of Elk Grove
Ascent is assisting the City of Elk
Grove with the update of the Old
Town Special Planning Area (SPA)
document, addressing a historic
commercial district along a 1-mile
stretch of Elk Grove Boulevard. Old
Town Elk Grove dates to the mid-1800s, with over 40 buildings contributing to a historic commercial district listed on the National Register of Historic Places. The project updates the vision and development and design standards to support the creation of a cohesive main street environment serving the Elk Grove community.
The effort includes an extensive stakeholder engagement program to comprehensively update the vision, guiding principles, development regulations, and design criteria for the area, including updated recommendations for activation of Elk Grove Boulevard, site and architectural design, building frontages, streetscape design, and branding. The update concluded with City-led implementation priorities to facilitate the improvement of the district and is currently pending the final stages of the adoption process. 22 July 24, 2023 Item 06
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CITY OF DEL MAR // CONSULTING SERVICES FOR OBJECTIVE DESIGN STANDARDS PAGE 8 MILPITAS GATEWAY–MAIN STREET SPECIFIC PLAN UPDATE
Client: City of Milpitas
Ascent is leading the comprehensive update
of the Gateway–Main Street Specific Plan,
which will serve as a guide for the
revitalization of the Milpitas midtown/
downtown area. The Gateway–Main Street
Specific Plan area is envisioned as a group of
midtown neighborhoods that together create
a complete community and a center for
Milpitas. Main Street and the Civic Center will
continue to evolve into a walkable and thriving
destination, supported by civic and cultural
anchors, infill residential, and neighborhood
retail nodes. The Crossroads will serve as a regional destination and a Gateway to Milpitas and the Abbott District. New infill housing and mixed use will be paired with complete streets and trail improvements, new urban open spaces, plazas, and placemaking to distinguish midtown as a walkable and bike-friendly urban community. The planning process has included extensive public engagement, scenario planning and feasibility testing, detailed urban design guidance for housing, infill development, retail, and public realm improvements, and a detailed implementation program to address economic development and infrastructure improvements.
SACRAMENTO REGION HOUSING INITIATIVES
Client: Sacramento Area Council of Governments and Member Jurisdictions Through an on-call contract with SACOG, Ascent has been supporting SACOG’s member jurisdictions with a series of projects funded through the REAP program, including housing feasibility studies and design visualizations, specific plans, community plans, zoning updates, housing element preparation, Assembly Bill (AB) 686 technical assistance, and development and design standards updates to streamline the production of housing. Assignments have included the following:
Commercial Corridor Specific Plan Support, City of Roseville – Ascent worked with the City of Roseville to develop graphic documents for updates to each of the three commercial corridor specific plans (Atlantic Street, Douglas-Sunrise, and Douglas-Harding). We supported the City with urban design studies and visualizations, including studies to contextualize density and mixed use for the community, to facilitate community investment and streamline redevelopment, higher-density housing infill, and mixed use. Implementation of Increased Residential Densities, City of Folsom – Ascent is working with the City of Folsom to develop Zoning Code and General Plan Amendments, and accompanying environmental analysis, to increase residential densities near light-rail stations, along the East Bidwell commercial corridor, and within the Folsom Plan Area Specific Plan to ensure adequate land is available to meet the Regional Housing Needs Allocation (RHNA).
Stockton Boulevard Special Planning Area, County of Sacramento – Ascent is working with the County of Sacramento to evaluate potential catalyst development sites for residential and mixed-use development, including site plan development, feasibility testing, pro-forma analysis, and design visualization, and is preparing a SPA update to modernize regulations and streamline infill development. 23 July 24, 2023 Item 06
SECTION 01// OVERVIEW OF CONSULTANT AND KEY PERSONNEL
CITY OF DEL MAR // CONSULTING SERVICES FOR OBJECTIVE DESIGN STANDARDS PAGE 9
COMPENSATION
Scope of Work
Based on our understanding of the City’s goals, we have developed a scope of work and approach to prepare an Objective Design Standards Manual (Standards) that will incorporate a new set of objective design standards, establishing measurable and verifiable standards to facilitate the objective review and approval of proposed multiple dwelling unit residential and mixed-use development for use when the City is preempted from applying its typical discretionary review process. The Standards will be organized in a graphic- and user-friendly format with concise text, photos, graphics, clear headers, and document wayfinding. The following scope and budget organize the project into three tasks: Project Management and Check-In Meetings, the Objective Design Standards Manual, and Workshops/Meetings. No subconsultants are proposed for this effort.
TASK 1. Project Management and Check-In Meetings
Ascent will coordinate all aspects of the project to ensure that the schedule is achieved and high-quality products are delivered. We will prepare and submit monthly invoices and progress reports. Ascent will facilitate regular project coordination meetings, which will be conducted via Microsoft Teams conference calls. For the purposes of this assignment, we assume up to 10 staff meetings/calls over a project duration of approximately 9 months. Ascent will provide summary notes with action items following each meeting.
As part of this task and to initiate the project, Ascent’s project manager, Matt Gelbman, and project principal, Christine Babla, will hold a kickoff meeting with the City to discuss the following:
City goals and objectives, including addressing SB 35, SB 330, SB 9, and Housing Element implementation requirements, as well as any other recent relevant legislation, if applicable. Other City regulating documents, as well as where and for what projects the Standards are expected to apply.
Current issue areas related to design goals, community character, and project permitting and approvals, as well as recent project applications.
TASK 2. Objective Design Standards Manual
Task 2.1. Material Review and Approach
Ascent will conduct a high-level review of the City’s planning documents and zoning code regulations as they pertain to multifamily development, with a focus on projects covered by SB 35 and SB 330 and other City objectives, to inform the project approach, including:
City of Del Mar Design Review Ordinance (Chapter 23.08) and Citywide Design Guidelines (2017); relevant portions of the City of Del Mar Community Plan (General Plan) and Certified Local Coastal Program;
City of Del Mar Housing Element; and
SB 9 Implementation – Draft Regulations, including Chapter 23.07, Objective Design Standards for Residential Development, as well any other relevant recently adopted or draft regulations.
Based on material review, Ascent will meet with the City to discuss potential options for implementing the Objective Design Standards. Based on our initial review of materials, we anticipate that the approach to the Objective Design Standards Manual will address similar/parallel design topics identified in the City’s existing Design Review Guidelines for multiple dwelling unit and mixed-use development, including:
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SECTION 01// OVERVIEW OF CONSULTANT AND KEY PERSONNEL
CITY OF DEL MAR // CONSULTING SERVICES FOR OBJECTIVE DESIGN STANDARDS PAGE 10 creating a concise and user-friendly graphic document; focusing on criteria that are the highest priority topics for the City and are anticipated to be regulated through the Standards
where appropriate, translating existing design guidelines topics into measurable and verifiable standards, and removing criteria and topics that are subjective in nature; where possible, incorporating a concise checklist approach, in order to provide for flexibility and creativity in implementation, or to ensure that more specific design direction is provided using a range of acceptable solutions; and
establishing clear criteria for applicability, administration, compliance (or alternative compliance), and deviation.
Task 2.2. Draft Objective Design Standards Manual
Based on the direction received in Task 2.1, Ascent will prepare an annotated outline to confirm the structure and components of the Objective Design Standards Manual with City staff.
Ascent will work with the City to expand the annotated outline, annotate and integrate photos, write text, and develop other graphics to create the Objective Design Standards Manual. It is anticipated that the document will be a concise, graphically formatted document that focuses on design of lower-density locally relevant typologies, “missing middle” housing types, and site design. Given the complexity of local design review, Ascent will work closely with the City to ensure that the Standards are tailored to the City’s needs and focus on the anticipated projects that the City expects to process with the Standards.
Task 2.3. Final Objective Design Standards Manual
Based on City review and consolidated comments, Ascent will refine the draft to create a final Objective Design Standards Manual.
Task 2 Deliverables
Annotated outline (for discussion)
Draft Objective Design Standards Manual (one draft for review) Final Objective Design Standards Manual (one draft for review) TASK 3. Workshops/Meetings
Ascent will coordinate with City staff in the preparation for and execution of up to five workshops/meetings of the Design Review Board, Planning Commission, and City Council to receive input on the Objective Design Standards direction and deliverable. Since our team is based in San Diego, it is anticipated that these workshops/meetings will be in-person, will function as study sessions or hearings to facilitate feedback and approval, and will be noticed and advertised by the City. Ascent anticipates the preparation of up to three presentations, in collaboration with City staff, and assumes that the same presentation(s) will be shared with multiple review bodies.
Task 3 Deliverables
Up to three presentations (draft and final)
Attendance at up to five total workshops/meetings by one or two Ascent team members (principal and/or project manager)
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CITY OF DEL MAR // CONSULTING SERVICES FOR OBJECTIVE DESIGN STANDARDS PAGE 11 Proposed Budget
Ascent’s proposed compensation and fee schedule for completing the tasks described in the scope of work is provided below. We welcome the opportunity to work with the City to refine the scope and budget to meet the City’s goals for the work program.
Budget Notes
1. Ascent’s proposal includes assumptions for level of effort and staffing. If the project scope differs in complexity or level of effort from the budgeted hours, Ascent will discuss with the City the need for a budget augmentation.
2. Proposed labor rates are the approved rates established through the SANDAG On-Call for Category 1 – Land Use Planning, Urban Design, and Land Use Policy. If a change in staff mix or new staff are included in the project, they will be charged at SANDAG rates.
3. Ascent’s proposal does not include feasibility testing, renderings, zoning amendments, or CEQA.
Recommendations for standards will be based on best practices. If additional services or drafts are desired, Ascent will work with the City to prepare an estimate for additional work on a time-andmaterials basis.
4. Ascent assumes project completion by June 30, 2024. If the project extends beyond this time frame, Ascent will discuss with the City the need for a budget augmentation.
5. All deliverables are assumed to be submitted electronically (PDF) unless hard copies are specifically requested.
Optional Tasks for Multi-Family Parking Study
Additional optional tasks to perform a multi-family parking study to support the City’s development of objective standards would be performed by Intersecting Metrics. These tasks are presented as optional services and are contingent upon authorization of the City. A scope of work and budget for the proposed optional tasks is included in Appendix A.
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SECTION 01// OVERVIEW OF CONSULTANT AND KEY PERSONNEL
CITY OF DEL MAR // CONSULTING SERVICES FOR OBJECTIVE DESIGN STANDARDS PAGE 12
STANDARD AGREEMENT
We reviewed the City’s standard agreement (Attachment 1) and respectfully request the following changes.
Section 12. Defense and Indemnification
12.1 Consultant agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the Consultant, its employees, agents, and subcontractors performance of services under this Agreement but only to the extent actually caused by the negligence or willful misconduct of Consultant. Consultant’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the City or its elected officials, officers, agents,
12.3 Consultant agrees that its duty to defend arises upon an allegation of liability based upon the negligent performance of services under this Agreement by Consultant, its officers, agents, representatives, employees, sub-consultants, or anyone for whom Consultant is liable and that an adjudication of Consultant’s liability is not a condition precedent to Consultant's duty to defend. 27 July 24, 2023 Item 06
SECTION 02// PROPOSED APPROACH TO ACCOMPLISH THE WORK
CITY OF DEL MAR // CONSULTING SERVICES FOR OBJECTIVE DESIGN STANDARDS PAGE 13 02/PROPOSED APPROACH TO
ACCOMPLISH THE WORK
TECHNICAL AND MANAGEMENT APPROACH
Del Mar is a beach community that is mostly residential, with natural beauty and community character that make it unique. An effective Objective Design Standards Manual will encourage good design, which encompasses the use of harmonious materials and colors, compatible proportional relationships, and appropriate use of high-quality native landscaping, to protect property values, the natural environment, primary scenic views, and the aesthetic quality of the community. The development of Objective Design Standards is an important step in the City’s continued efforts to implement its Housing Element. This effort, identified as Program 6G in the Housing Element, is critical to maintaining the City’s ability to affect the design of multiple dwelling unit and mixed-use development when the City is preempted from applying its typical discretionary design review process. By adopting the Objective Design Standards Manual, the City will ensure a high level of quality and design character, consistent with the local community, for housing that is eligible for by-right processing under state law.
Ascent’s Urban Design + Planning Practice Leader, Christine Babla, will serve as the principal-in-charge for this effort. Christine is an experienced urban designer and has led numerous design and development standards projects, as well as zoning updates, specific plans, and outreach processes, and will serve in a hands-on role for the duration of the project. Matt Gelbman, Ascent’s proposed project manager, is an experienced urban planner, policy planner, and facilitator and will serve as the City’s day-to-day contact.
Christine and Matt authored state guidance related to Objective Design Standards and will bring their experience working with HCD, crafting design standards and regulations, and working throughout the San Diego region and statewide. Our proposed approach to developing Objective Design Standards will begin by collaborating with the City to better understand the City’s priorities and ensuring that standards address the topics that are most important when reviewing multifamily residential and mixed-use development. We will work with the City to assess existing Design Review Requirements and procedures, as well as relevant guidance and criteria, recent applications, and “sticking points” of recent discretionary review efforts and development in the coastal zone. As part of this effort, Ascent will collaborate closely with the City to confirm the types of projects that the Objective Design Standards Manual will apply to, and the relevant priority design intent and criteria that will be important to ensuring that the City has criteria in place to facilitate timely review of those projects. We have developed a streamlined approach to minimize unnecessary processes and to focus on developing and refining the standards.
COMMUNICATION
You know your city best, and we want to leverage your knowledge to craft the standards. Throughout the process, it will be important to draw from City staff’s experience, knowledge of the design review process, and past examples of projects to fine-tune the deliverable to meet the City’s needs. We will use our meetings as interactive working sessions to streamline this process and make the best use of your time. Because our senior team members are local, we anticipate holding some meetings in person early in the process, and where helpful, visiting project sites or recent development project to discuss design goals and solutions, as well as best practice examples, or conversely, learn from any examples which have outcomes that the City would like to ensure are avoided through the regulation of future development projects. 28 July 24, 2023 Item 06
SECTION 02// PROPOSED APPROACH TO ACCOMPLISH THE WORK
CITY OF DEL MAR // CONSULTING SERVICES FOR OBJECTIVE DESIGN STANDARDS PAGE 14 As described above and on previous pages, our proposed scope and approach build upon extensive team experience related to planning, design standards, and housing policy and on our knowledge of the local community. We will work collaboratively with the City and where appropriate, build upon existing design criteria to translate current relevant guidance into objective, measurable, and verifiable criteria. Our team includes architects, urban designers, policy planners, and engagement specialists who are skilled at creating concise and user-friendly regulations and graphics. We work with our clients to tailor our solutions to the local character and community.
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APPENDIX A // OPTIONAL TASKS
CITY OF DEL MAR // CONSULTING SERVICES FOR OBJECTIVE DESIGN STANDARDS PAGE 15 APPENDIX A: OPTIONAL TASKS FOR
MULTI-FAMILY PARKING STUDY
The following tasks to perform a multi-family parking study to support the City’s development of objective standards would be performed by Intersecting Metrics. These tasks are presented as optional services and are contingent upon authorization of the City.
Task A.1 Policy Review and Summary
Review the City’s current parking standards for multi-family residential. Review the multi-family parking standards for other peer coastal jurisdictions (Solana Beach, Carlsbad, Encinitas, Huntington Beach, Newport Beach, Dana Point, etc.), including the total ratios for resident spaces and guest spaces, as well as the allowance of tandem parking spaces. Additionally, review the multi-family parking standards from national publications such as ULI and ITE. Finally, review US census data such as total number of vehicles per household and vehicles per resident within the City of Del Mar, and compare them to the City’s parking standards.
Task A.1 Deliverables
Matrix summarizing the findings of the peer review analysis and comparing the findings to the current multi-family parking standards within the City.
Task A.2 Parking Utilization Counts
Identify multi-family properties within the City of Del Mar in which parking occupancy counts can be conducted. Properties will be identified based on the following criteria:
City of Del Mar input
GIS parcel data
Locations where parking utilization can be observed (i.e. no individual or private garage parking) Locations that will allow for parking counts to be observed Based on this criteria IM will present a list of potential sites to the City of Del Mar for the approval of up to four sites in which the parking utilization counts will take place. The parking utilization counts will include:
Identification of the total number of parking spaces available Total number of vehicles parked within the property
Total number of vehicles parked on the street for the block surrounding the property Parking counts will be conducted during the evening when most residents are home, between 9:00 PM and 10:00 PM
Parking counts will be conducted on two weekdays and two weekend days The maximum observed occupancy over the four days will be reported for each property The number of occupied spaces per dwelling unit will be calculated Task A.2 Deliverables
Tables and figures documenting the results of the parking utilization counts. 30 July 24, 2023 Item 06
APPENDIX A // OPTIONAL TASKS
CITY OF DEL MAR // CONSULTING SERVICES FOR OBJECTIVE DESIGN STANDARDS PAGE 16 Task A.3 Recommendations
Based on the findings of the previous tasks, develop recommendations on how the multi-family parking requirements within the City should be changed to meet the anticipated demands of multi-family uses.
Recommendations may include, but are not limited to the following:
Changes to the residential and/or guest parking rate requirements. Developing separate multi-family parking requirements for different areas within the City. Identifying streets in which on-street parking should be removed or time limited parking restrictions should be implemented to reduce residential use.
Identifying enforcement techniques to ensure that any over-flow from residential parking does not impede coastal access.
The draft recommendations will be presented to City staff for review and comment. IM will work with City staff to refine and finalize the parking requirements.
Task A.3 Deliverables
Draft list of recommendations for the City’s multi-family parking standards Final list of recommendations for the City’s multi-family parking standards Task A.4 Documentation, Ordinance, and Municipal Code Update Document the findings of the previous three tasks in a technical report or memorandum. The report will review and summarizes the existing parking conditions within the City, identify the impacts that currently occur due to the current parking standards, review the and explain the proposed recommendations, and justify their need based on the data that was collected. A draft version of the report will be submitted to City staff for review and comment. A final version of the report will then be developed based on the City’s comments.
If needed, IM will assist the City in the development of an ordinance to change the Multi-Family parking standards based on the study’s recommendations. IM can also assist the City with implementing the changes needed to the City’s Municipal Code to reflect the proposed recommendations.
Task 4.4 Deliverables
Draft Multi-Family Parking Report
Final Multi-Family Parking Report
Assistance in the Development of the Multi-Family Parking Ordinance (if needed) Assistance with Municipal Code Update (if needed)
Task A.5 Recommendations
IM staff will attend up for five project related meetings and up to two public hearings.
Task A.5 Deliverables
Attendance at meetings
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APPENDIX A // OPTIONAL TASKS
CITY OF DEL MAR // CONSULTING SERVICES FOR OBJECTIVE DESIGN STANDARDS PAGE 17 Proposed Budget for Optional Tasks
The proposed compensation and fee schedule for completing the tasks described in the scope of work for optional tasks is provided below. We welcome the opportunity to work with the City to refine the scope and budget to meet the City’s goals for the work program.
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RESUMES
RFP NO. 2023-05
33 July 24, 2023 Item 06
Christine Babla, AIA, AICP, LEED AP
PRINCIPAL, URBAN DESIGN AND PLANNING
Christine Babla, AIA, AICP, LEED AP, is an award-winning urban designer, architect, and urban planner with over 20 years of experience. Christine is Ascent’s statewide practice leader for urban design and planning and is responsible for leading urban design and physical planning efforts.
Christine has spent her career working in urban areas on infill and redevelopment, integrating transit, walkability, and mixed use to create complete communities. She is recognized for her skill in bringing together a variety of disciplines and stakeholders to establish a distinctive community vision and for translating that vision into concise, graphic, and user-friendly vision plans, guidelines, and regulatory documents.
Christine’s project experience includes specific plans, community plans, master plans, streetscape design, design standards, hybrid form-based codes, and development of feasibility studies, with a special emphasis on smart growth, transit-oriented development, and sustainable design. Her projects have received numerous awards, including an APA California Chapter Award of Merit, an APA Los Angeles Comprehensive Plan Award (Large Jurisdiction), and two Congress for New Urbanism awards for planning and urban design. Christine is an expert in developing design standards and guidelines. She teaches city planning at San Diego State University.
PROJECT EXPERIENCE SUMMARY
• Objective Design Standards Toolkit, as part of SB 2 Planning Grants Technical Assistance Services | California Department of Housing and Community Development • Gateway District Specific Plan (including ODS) | City of South Gate • Sunnyvale Village Center Master Plan (including ODS) | City of Sunnyvale • Milpitas Gateway–Main Street Specific Plan Update (including ODS) | City of Milpitas • Elk Grove SPA Update (including ODS) | City of Elk Grove • Placerville Broadway Corridor Feasibility Study | EPS/City of Placerville/SACOG • Roseville Specific Plans | City of Roseville/SACOG
• Stockton Boulevard Plan | City of Sacramento
• Stockton Boulevard Special Planning Area Update (including ODS) | County of Sacramento • Rancho Seco Master Plan | Sacramento Municipal Utility District • East Campus Operations Center | Sacramento Municipal Utility District • Comprehensive Siting Plan to Address Homelessness | City of Sacramento • San Diego Cannabis Equity Assessment & Program Blueprint | City of San Diego • Alpine Community Plan | County of San Diego Planning & Development Services • Truckee 2040 General Plan Update and Downtown Specific Plan Update | Town of Truckee • Port of San Diego Master Plan Update (including Design Standards) | Nexus Consulting/San Diego Unified Port District
• Sunnyvale Downtown Specific Plan Update | City of Sunnyvale • Washington Specific Plan Update | City of West Sacramento Community Development Department
YEARS OF EXPERIENCE 23
EDUCATION
MAUD (Master of Architecture in Urban
Design), Harvard University Graduate
School of Design
B.Arch., Illinois Institute of Technology
CERTIFICATIONS
American Institute of Certified Planners
(No. 020360), 2006
Licensed Architect, State of Illinois
(#001.020879), 2009
National Council of Architectural
Registration Boards (NCARB), 2009
LEED Accredited Professional, 2003
AFFILIATIONS
American Institute of Architects (AIA)
American Planning Association (APA)
AIA San Diego Chapter, Urban Design
Committee
AWARDS AND HONORS
2017 Governor’s Environmental and
Economic Leadership Award for
Sustainable Practices, Communities or
Facilities: Long Beach Downtown Plan
APA Los Angeles Chapter Award of
Merit: Comprehensive Plan for a Small
Jurisdiction, 2016: City of South Gate
Comprehensive Zoning Code Update
and Hybrid-Form Based Code
APA California Chapter Award: Best
Comprehensive Plan for a Small
Jurisdiction, 2013: City of San Marcos
General Plan Update
APA California Chapter Award of Merit,
2013: Long Beach Downtown Plan
APA Los Angeles Chapter
Comprehensive Plan Award, Large
Jurisdiction, 2013: Long Beach
Downtown Plan
CNU Charter Award, 2005: Waukegan
Lakefront/Downtown Master Plan/Urban
Design Plan
Burnham Award for Excellence in
Planning, 2005: Waukegan Lakefront/
Downtown Master Plan/Urban Design
Plan
AIA Honor Award for Urban Design,
2004: Chicago Central Area Plan
34 July 24, 2023 Item 06
Christine Babla, AIA, AICP, LEED AP
SACRAMENTO | LAKE TAHOE | BERKELEY | SAN DIEGO | IRVINE • On-Call Services for: San Diego Association of Governments (SANDAG) Southern California Association of Governments (SCAG) City of San Diego
City of Sunnyvale
Sacramento Area Council of Governments (SACOG)
County of San Diego
PROJECT EXPERIENCE SUMMARY, PRIOR TO ASCENT
• South Block Master Plan Design Standards, St. George, Utah | State of Utah School and Institutional Trust Lands Administration • South Gate Form-Based Zoning Ordinance (including Design Standards) | City of South Gate • Long Beach Downtown Plan (including Design Standards) | City of Long Beach • San Marcos General Plan and Form-Based Zoning Ordinance Update | City of San Marcos • Western Avenue Corridor Street Enhancement Strategy (including Design Standards) | City of Rancho Palos Verdes/City of Los Angeles/SCAG/Caltrans
• Imperial Beach Commercial/Mixed-Use Zoning Review (including Design Standards) | City of Imperial Beach • Burbank Golden State District Specific Plan | City of Burbank • Central Area Specific Plans Update for General Plan Implementation | City of Pasadena • Kearny Mesa Community Plan Update | City of San Diego • Long Beach Uptown UZIP/UPlan | SCAG/City of Long Beach • Zoning Update Strategy | County of San Diego
• Palm Avenue Revitalization Plan | City of San Diego/Caltrans • Sorrento Valley TOD Feasibility Study | City of San Diego • Shoppes II Retail Center – Development Compass Blueprint Demonstration Project | City of Chino Hills • Midway and Old Town Community Plan Updates | City of San Diego • El Dorado Neighborhood Plan/Specific Plan | City of Fresno 35 July 24, 2023 Item 06
Matthew Gelbman, AICP
PROJECT MANAGER
Matt Gelbman, AICP, is a senior urban planner with over 15 years of experience working with jurisdictions throughout California. He has experience working on comprehensive plans, specific plans, and other policy planning and design efforts with the goal of increasing housing capacity and streamlining development approval. As a project manager, Matt is responsible for coordinating with clients, leading interdisciplinary teams, adhering to schedules and budgets, and overseeing work on deliverables. In addition, he is an experienced facilitator and effective communicator and has experience developing and executing community outreach strategies and public participation programs. He also has experience leading in-person and virtual workshops and open houses and using a variety of other creative outreach tools and techniques, such as mobile meetings, interactive surveys, mapping activities, websites, and videos.
SELECTED PROJECT EXPERIENCE
Senate Bill 2 Planning Grants Technical Assistance Services California Department of Housing and Community Development Regional Liaison for San Diego Region
Through the SB 2 Planning Grants Technical Assistance Program, Ascent and PlaceWorks are providing technical assistance to all local governments in California to help cities and counties prepare, adopt, and implement plans and process improvements that streamline housing approvals and accelerate housing production. Matt leads Ascent’s effort to prepare a toolkit to provide guidance on objective design guidelines for HCD. In addition, he serves as the regional liaison for the San Diego Region, working directly with local jurisdictions to provide technical assistance.
Housing Acceleration Program Technical Assistance
San Diego Association of Governments (SANDAG)
Project Manager
Ascent is assisting SANDAG with the Housing Acceleration Program (HAP) Technical Assistance Program, providing staffing support and assistance to local jurisdictions on housing policy and legislation, housing element implementation, and CEQA streamlining to assist SANDAG’s 19 member agencies. As project manager, Matt is overseeing the development of technical assistance resources related to AB 2011 and SB 6, AB 2097, conducted trainings for local planning staff, and assisted with tracking recent legislation related to housing.
Sixth-Cycle Housing Element Updates
City of El Cerrito and City of Clovis
Project Manager
Matt led the preparation of the Sixth-Cycle Housing Elements for the City of El Cerrito and the City of Clovis. Both projects included preparation of a new sites inventory, a new fair housing assessment in compliance with AB 686, and conducting community outreach. Matt oversaw the sites inventory methodology, helped the develop the housing plans with policies and programs to address the housing needs of all households. Matt is managing the Housing Element updates for both cities.
YEARS OF EXPERIENCE 15
EDUCATION
Master of Urban and Regional Planning,
University of California, Irvine
BA, Sociology, Boston University
CERTIFICATIONS
American Institute of Certified Planners,
No. 025490
Emotion, Outrage, and Public
Participation (2013)
PROFESSIONAL AFFILIATIONS
American Planning Association, San
Diego Section, Professional
Development Officer (2013–2017)
American Planning Association, Orange
Section, Vice Director of Public
Information (2008–2011)
36 July 24, 2023 Item 06
Matthew Gelbman, AICP
SACRAMENTO | LAKE TAHOE | BERKELEY | SAN DIEGO | IRVINE Truckee 2040 General Plan Update and Downtown Specific Plan Update, Nevada County Town of Truckee
Project Manager
Ascent led a concurrent update of the Truckee General Plan and Downtown Specific Plan. The update effort included all phases of the project: documentation of existing conditions, identification of key issues and opportunities, development of a vision and guiding principles, land use alternatives, and a policy document; as well as a comprehensive community engagement program.
Port of San Diego Master Plan Update, San Diego County
Nexus Consulting/San Diego Unified Port District
Assistant Project Manager/Planner
Matt worked on the comprehensive update to the Port’s Master Plan, with the intent of developing a modern, streamlined Port Master Plan document to meet Coastal Act requirements and to facilitate future project implementation. Ascent’s role included the coordination of detailed policies and development standards for each of the Planning Districts, as well as coordination with other team members on baywide and district-level policies to increase and improve coastal access and recreation opportunities consistent with the District’s goals.
Palm Avenue Revitalization Plan, San Diego County
City of San Diego/Caltrans
Senior Planner/Outreach Lead
Matt was a senior planner and helped prepare a revitalization plan for a 1.5-mile section of Palm Avenue, an auto-oriented corridor linking Imperial Beach to San Diego and the Palm Avenue Trolley Station. He contributed to the development of the urban design framework and multimodal mobility strategy. He also led the outreach for the plan and executed a robust community involvement process, including a bike audit and several community meetings, as well as coordination with the South County Economic Development Corporation. The plan provides a long-term vision for the evolution of Palm Avenue into a walkable, pedestrian-friendly, mixed-use corridor and complete street.
The plan identified a series of catalyst projects, including operational improvements and beautification efforts, as well as longer-term implementation projects to improve mobility for all users.
Midway and Old Town Community Plan Updates, San Diego County City of San Diego
Planner
Matt assisted with preparation of background reports and early planning concepts to support overall urban design, planning, and public outreach for two parallel community plan updates in central San Diego. Major components included strategies for infill and transit-oriented development and improving pedestrian access, bicycle access, and walkability, as well as historic preservation. 3Roots Master Planned Development Permit, San Diego County Mesa Canyon Community Partners
Project Manager/Planner
Matt served as the lead planner and project manager responsible for the preparation of a Master Planned Development Permit (MPDP) for an innovative community in Mira Mesa, in the heart of one of San Diego’s largest job centers. The 3Roots MPDP will enable the transformation of a former gravel mine into a connected, mixed-use community and will provide a range of housing. 3Roots will include diverse neighborhoods, complete with parks, trails, a restored natural creek, neighborhood-serving retail, multimodal transit options, and hundreds of acres of preserved open space. The MPDP provides the regulatory foundation for the entitlement of development and integrates land use regulations, design standards, and an implementation strategy. The MPDP also includes a comprehensive perspective of 3Roots by providing a description of the vision, mobility, and sustainability strategies.
Morena Corridor Specific Plan and Program EIR, San Diego County City of San Diego
Assistant Project Manager/Planner
The Morena Corridor Specific Plan provides recommendations for the areas adjacent to two future Mid-Coast Light Rail Transit Trolley stations in San Diego. The plan prioritizes transit-oriented development along a pedestrian-oriented commercial corridor with new residential uses located within half a mile of two trolley stations, thus creating a walkable and bikeable community core. The Specific Plan incorporates tailored land use regulations and urban design strategies, recommends re-establishing a grid network of streets, and identifies mobility improvements bicyclists, pedestrians, vehicles, and transit users. Matt led preparation of the Specific Plan and contributed to the environmental analysis. The Specific Plan received the 2020 Best Practice Award from the San Diego Section of the American Planning Association “based on the exceptional quality of work that touches on key planning principals and methods.” 37 July 24, 2023 Item 06
Chelsey Payne, AICP
HOUSING POLICY SPECIALIST
YEARS OF EXPERIENCE 16
EDUCATION
Master of Regional Planning, Cornell
University
BA, Environmental Studies, Oberlin College
CERTIFICATIONS
American Institute of Certified Planners,
No. 026470
PROFESSIONAL AFFILIATIONS
Urban Land Institute
American Planning Association, Sacramento
Valley Section, Secretary (2017–2019)
Chelsey Payne is an AICP-certified planner with over 16 years of experience and leadership on long-range planning projects for local governments that span California, with an emphasis on comprehensive plans, specific plans, land use studies, housing strategies, and community engagement. Chelsey is an expert in state housing element law, and has prepared over 70 housing elements. She provides ongoing assistance to cities and counties striving to maintain their housing elements in compliance with state law. Chelsey is highly regarded for her ability to lead multidisciplinary teams of planners, urban designers, and experts in CEQA, economic development, transportation, infrastructure, and other fields in the development of long-range plans that meet the requirements of state law, articulate community members’ visions and priorities, and meet the needs and expectations of local policymakers.
SELECTED PROJECT EXPERIENCE
Senate Bill 2 Planning Grants Technical Assistance/LEAP Technical Assistance California Department of Housing and Community Development Deputy Project Manager/Regional Liaison
Ascent is part of the PlaceWorks team on the SB 2 Planning Grants Technical Assistance Program and the LEAP Grant Technical Assistance Program. Ascent is working closely with HCD to provide technical assistance to all local governments in California to help cities and counties prepare, adopt, and implement plans and process improvements that streamline housing approvals and accelerate housing production.
Housing Acceleration Program Technical Assistance
San Diego Association of Governments (SANDAG)
Housing Specialist
Ascent is assisting SANDAG with the Housing Acceleration Program (HAP) Technical Assistance Program, providing staffing support and assistance to local jurisdictions on housing policy and legislation, housing element implementation, and CEQA streamlining to assist SANDAG’s 19 member agencies. As a technical specialist, Chelsey is supporting the development of technical assistance resources related to AB 2011 and SB 6, AB 2097, assisting with trainings and office hours for local planning staff, and assisting with tracking recent legislation related to housing.
Stockton Boulevard Plan, Sacramento County
City of Sacramento
Project Director
Chelsey serves as project director for the Stockton Boulevard Plan, a specific plan for a 4.5- mile corridor in South Sacramento and a neighborhood action plan for the 23 surrounding neighborhoods. The goal of the effort is to develop an action-oriented plan that not only strengthens the corridor but also prioritizes the needs of the surrounding neighborhoods so that existing residents and small businesses are not displaced and are able to benefit from future investments and improvements. As part of this collaborative and inclusive planning process, a Resident Planning Team has been assembled to act as consultants/collaborators for the team and to build capacity at a community level. Significant attention is also being placed on developing a multilingual outreach strategy. A Community Working Version of the Stockton Blvd Plan was published in July 2022 and the Ascent team is working with the City to conduct a robust community engagement program on the Draft Plan. 38 July 24, 2023 Item 06
Chelsey Payne, AICP
SACRAMENTO | LAKE TAHOE | BERKELEY | SAN DIEGO | IRVINE Washington Specific Plan, Yolo County
City of West Sacramento
Project Manager
Chelsey is leading an effort to update the Washington Specific Plan for the City of West Sacramento. The Washington neighborhood is located along the eastern bank of the Sacramento River between the Tower Bridge and the I Street Bridge. The neighborhood features an eclectic mix of land uses and building forms over approximately 200 acres of land and features the city’s oldest buildings, a walkable commercial district, some of its most established residential neighborhoods, and tree-lined streets. Ascent’s updated specific plan will provide a more detailed land use and urban design framework; architectural guidelines, including historic architectural guidelines; strategies for addressing parking needs; and an implementation strategy for achieving the vision for the Washington neighborhood.
Sacramento Housing Element Update, 2013 and 2021, Sacramento County City of Sacramento
Project Director
Chelsey led the preparation of the City of Sacramento 2021-2029 (sixth cycle) Housing Element. The project included preparation of a new sites inventory, a new fair housing assessment in compliance with AB 686, and facilitating meetings with an external housing stakeholder working group. Chelsey worked with the City to develop a new tiered approach to classifying non-vacant sites based on their development readiness. Using this new sites inventory methodology, the Housing Element was able to demonstrate capacity to accommodate an RHNA of nearly 46,000 units—an 89 percent increase from the previous RHNA. The Housing Element won an Award of Merit from the Sacramento Valley Section of the American Planning Association in the category of Comprehensive Plan – Large Jurisdiction. Previously, Chelsey assisted the City with the prior Housing Element update in 2013.
Sunnyvale Downtown Specific Plan Update, Santa Clara County City of Sunnyvale
Project Manager
Chelsey was the project manager for the Downtown Specific Plan (DSP) update for the City of Sunnyvale. The DSP was prepared in 2003 and amended in 2013. Since that time, demand for more residential and office space in the Silicon Valley has put pressure on the City to allow higher floor area ratios and greater intensities of development. The DSP update evaluated several proposed new mixed-use projects to determine how to respond to the increased development while retaining a walkable and pedestrian-friendly environment with a vibrant public realm.
South Central Specific Plan, Fresno County
City of Fresno
Project Manager
The City of Fresno initiated the South Central Specific Plan to facilitate opportunities for economic growth and job creation and to promote development of underutilized lands in the planning area to the south of the central core. This project examines environmental justice issues to help alleviate impacts to disadvantaged populations in the Plan area. Ascent engaged with the community through multiple community meetings, stakeholder interviews, and a community-wide charrette to re-examine industrial uses and their associated land use impacts.
Ascent provided suggestions for modifying the Land Use Plan primarily from heavy industrial use to lower intensive uses, and examined elements that affect land use interfaces (e.g., buffers between sensitive receptors and industrial lands).
Truckee General Plan Update, Nevada County
Town of Truckee
Project Director
Ascent is leading a comprehensive update to the Truckee General Plan. The Town last updated the General Plan in 2006. The current update will address contemporary planning issues and changes in state law since the plan was last updated, including a vulnerability analysis of climate change impacts and reduction of greenhouse gas emissions. The Town kicked off the General Plan with a House Truckee First community workshop to identify appropriate opportunities to accommodate housing that meets the needs of the Truckee residents.
The General Plan update effort includes an interactive project website that encourages broad community engagement. 39 July 24, 2023 Item 06
Anh Thai, LEED AP
SENIOR URBAN DESIGNER/ PLANNER
Anh Thai, LEED AP, is a planner and urban designer with experience in master planning, transitoriented development, and community planning projects for public and private sector clients throughout California and the western United States. She has worked on and managed projects ranging from large master plans to small infill sites, with an emphasis on visioning and implementation strategies that translate the community’s vision to plans, policies, actions, and design guidance. Anh has prepared master plans, land use plans, detailed neighborhood and streetscape plans, specific plans, development codes, and design guidelines in the context of new and existing communities, downtowns, commercial corridors, and infill and redevelopment sites. She is a LEED accredited professional who brings a holistic design and planning lens to each project, seeking to find the best fit solutions for each site, place, and the overall community.
SELECTED PROJECT EXPERIENCE
County of San Diego Alpine Community Plan
County of San Diego Planning & Development Services
Alpine Design Guidelines and Village Core Form-Base Code Task Lead Ascent is working with the County of San Diego to provide planning and design support for the Alpine Community Plan Update. Ascent’s role includes preparing final updates to the Community Plan, as well as the preparation of Design Guidelines and related Zoning and Form-Based Code updates. As part of this effort, Ascent is also preparing graphics and supporting community outreach efforts. Anh is developing recommendations for the update of the Design Guidelines and Form-Based Code to support and implement the proposed land use changes and priorities identified in the Community Plan.
South Gate Form-Based Zoning Ordinance, Los Angeles County City of South Gate
Senior Planner
Anh assisted with the development of the form-based code for all urban zones, as well as a comprehensive update of the citywide Zoning Ordinance. Key issues included translating the City’s General Plan concepts for placemaking, transit-oriented development, and urban infill in key districts and corridors, while addressing transitions to existing single-family neighborhoods.
The project was the recipient of the 2016 APA Los Angeles Chapter Award of Merit:
Comprehensive Plan for a Small Jurisdiction.
Sunnyvale Downtown Specific Plan Update, Santa Clara County City of Sunnyvale
Assistant Project Manager
Anh was the senior planner and assistant project manager on the update to the Specific Plan to develop downtown Sunnyvale as a high-density, mixed-use town center adjacent to the Caltrain station. With Bay Area growth pressures for jobs and housing, downtown Sunnyvale is developing as a multistory town center, with a mix of high-density housing, ground-floor commercial retail and service development, office, entertainment, plazas, public open space, and other amenities that will make it a walkable and exciting 24-hour retail and entertainment destination. The YEARS OF EXPERIENCE 18
EDUCATION
MUEP, Urban and Environmental
Planning, University of Virginia
BA, Architecture, University of California,
Berkeley
PROFESSIONAL REGISTRATION
LEED Accredited Professional, 2009
PROFESSIONAL AFFILIATIONS
Member, Urban Land Institute
Member, American Planning Association
AWARDS AND HONORS
Outstanding Graduate Student Award,
APA Virginia Chapter
PROJECTS EARNING AWARDS AND
HONORS
Innovation in Planning Award, Sandia
National Laboratories Site Development
Plan, APA New Mexico Chapter, 2011
Comprehensive Planning-Large
Jurisdiction Award, Sacramento County
Development Code, Sacramento Valley
Section APA, 2016
Comprehensive Planning-Large
Jurisdiction Award, Sacramento
Railyards, Sacramento Valley Section
APA, 2017
Merit Award for a Planning Document,
Suisun Downtown Waterfront Specific
Plan, AEP, 2017
40 July 24, 2023 Item 06
Anh Thai
SACRAMENTO | LAKE TAHOE | BERKELEY | SAN DIEGO | IRVINE Specific Plan update will help the City establish the long-term plan and framework to support continued walkable growth and development in the downtown. The plan update will accommodate several mixed-use plan proposals taking place in the city that will raise the downtown from a midrise to high-rise environment, ensuring the coordination of project proposals with the community’s vision. The Specific Plan ensures new development contributes to providing quality public open space and benefits that enhance the public realm in exchange for the right to develop at higher densities and intensities.
West Broadway Specific Plan, Sacramento County
City of Sacramento
Project Manager
Ascent prepared the master plan vision, Specific Plan, and EIR for West Broadway. This area includes a mixed-use planned development under construction, known as the Mill at Broadway, the public housing communities of Alder Grove and Marina Vista, the William Land Woods affordable housing community, over 30 acres of industrial land uses, two schools, Miller Regional Park and the Sacramento Marina, and the western end of the Broadway corridor, planned as an enhanced transit corridor. The Specific Plan will focus on stitching together these seemingly disparate land uses into a vibrant, connected, and mixed-use community, with opportunities for improved neighborhood connections, new urban scale housing development, and neighborhood-scale commercial uses and amenities. The Specific Plan provides the vision, policies, regulations, and improvements needed to support and unlock the development constraints in the area, promote new infill residential and commercial growth, and enhance local placemaking along a key commercial and transportation corridor.
Suisun City Downtown Waterfront Specific Plan Update, Solano County City of Suisun City
Urban Design and Planning Lead
Anh was the urban design lead and author of the Specific Plan update for Suisun City’s downtown waterfront, the historic center of the city and a growing visitor attraction. The Specific Plan implements the City’s recent General Plan update to build on the successes of the downtown waterfront area revitalization over the past 30 years and updates land use and development regulations to respond to and address current market opportunities in the community. Funded by a Priority Development Area grant, growth of the plan area is focused around the Capitol Corridor commuter train station and on improving bicycle and pedestrian access from the waterfront area to adjacent surrounding neighborhoods. The project received the AEP merit award for a planning document in 2017.
Sacramento Railyards Specific Plan and Design Guidelines Update, Sacramento County Downtown Railyards Ventures
Planning Lead on Specific Plan and Design Guidelines Update Anh was the primary author and planning task lead on the Specific Plan and Design Guidelines update for a 244-acre downtown redevelopment site at the terminus of the 1869 Transcontinental Railroad. The Railyards is envisioned as a tourism, sports, and entertainment district; innovation center; and urban neighborhood next to the Sacramento Valley Station and planned Intermodal Transportation Facility for light rail, Amtrak, bus, and other transportation services. The plan calls for 6,000+ urban housing units, up to
4.4 million square feet of commercial space (including Kaiser Permanente), and an MLS stadium with seating for up to 25,000 spectators. A central feature of the plan is the repurposing of the historic Railyards Central Shops. The plan will transform the historic site into a mixeduse hub for entertainment, retail, housing, office, theaters, parks, hotels, and other cultural and recreational uses. The project received the Sacramento Valley Section APA Comprehensive Planning-Large Jurisdiction award in 2017.
Central Rohnert Park Priority Development Area Master Plan, Sonoma County City of Rohnert Park
Project Manager
In addition to serving as the project manager, Anh was the planner and urban designer on a 300-acre specific plan, adjacent to the Sonoma-Marin Area Rail Transit (SMART) commuter rail station and multi-use path that will ultimately connect Cloverdale to the Larkspur Ferry Terminal. As a young master planned city, Central Rohnert Park lacks a downtown center. The Master Plan will allow the city to maximize the assets of the coming SMART station to serve as a catalyst to foster the development of a downtown for Rohnert Park around its existing City Center and former State Farm Insurance campus. The plan is focused on preserving and enhancing the existing assets in the city while supporting new infill growth and reinvestment in various planned districts in Central Rohnert Park. It will direct the transition of these areas of the community to support development of a vibrant center and complete community that is connected by public transit and bicycle and pedestrian facilities.
41 July 24, 2023 Item 06
Paul Kronser
URBAN DESIGNER/PLANNER
Paul Kronser has more than 11 years of experience in planning, urban design, and community engagement. He has led community outreach efforts to engage the public on various projects ranging from high-density urban developments, housing element updates, and specific plans to rural active transportation grants. Paul’s experience has allowed him to gain skills in various community engagement methods creating productive conversations around key issues facing communities today along with creating development standards and graphics for various jurisdictions and played a key role in the community engagement efforts for the award-winning Marin County Objective Design Development Standards effort.
PROJECT EXPERIENCE
Milpitas Gateway–Main Street Specific Plan Update, Santa Clara County City of Milpitas
Urban Planner/Designer
Ascent is updating the Milpitas Midtown Specific Plan, which is being renamed the Gateway–Main Street Specific Plan. The plan will serve as a comprehensive guide for the revitalization of the Milpitas Midtown/Downtown area, with a focus on developing design standards for the Main Street, Gateway, and Abbott subareas. The plan will include extensive public engagement; scenario planning and feasibility testing; detailed urban design guidance for housing, infill development, and public realm improvements; and a detailed implementation program to address economic development and infrastructure improvements. Paul is assisting in public engagement, objective design standards, scenario planning, and production of the final Specific Plan document.
Sunnyvale Village Center Master Plan, Santa Clara County City of Sunnyvale
Urban Panner
The Sunnyvale Village Center Master Plan will provide development concepts, updated zoning, streetscape strategies, and a “toolkit” of objective design and development standards for the infill and revitalization of seven mixed-use neighborhood nodes throughout the city. The Master Plan will ensure integration into the surrounding neighborhoods, while creating local identify and a sense of place with a vibrant mix of public, commercial, and residential activities and public space improvements. Paul has led the community outreach events and is assisting in the creation of the development standards along with preparing the final master plan document and urban design concepts.
Auburn/Bowman Community Plan Update
County of Placer
Urban Planner
Ascent is working with Placer County to prepare an update to the Auburn/Bowman Community Plan and a Master Plan for the Bowman area. The Community Plan will refresh the existing Community Plan, last prepared in 1994, almost 30 years ago, and bring the standards of the plan current with new market and development opportunities, with a focus on two urban study areas along SR 49 and I-80 near Auburn. Funded by the Regional Early Action Planning (REAP) grant YEARS OF EXPERIENCE 11
EDUCATION
BS, Community and Regional Planning,
Iowa State University, 2007
SOFTWARE CAPABILITIES
Adobe InDesign, Illustrator, and
Photoshop; Sketch-Up; Squarespace;
Miro Board; Mural, Slido, Mentimeter;
Microsoft Office Suite
42 July 24, 2023 Item 06
Paul Kronser
SACRAMENTO | LAKE TAHOE | BERKELEY | SAN DIEGO | IRVINE from SACOG, the Community Plan will bring a contemporary vision to the Auburn/Bowman community and support the County’s efforts to remove implementation barriers to housing construction. The project will update the Community Plan land use, mobility, and infrastructure plans, standards for development, policies, and implementation programs and will test housing opportunity sites that form the basis of an updated Master Plan for the Bowman area. Paul is helping to create public outreach documents, develop land use scenarios, and produce the final updated Community Plan.
Corte Madera Housing Element Update, Marin County
City of Corte Madera
Community Engagement Lead
The objective of the Corte Madera Housing Element update was to connect unincorporated communities and address barriers with the existing divide of housing affordability. Paul assisted with community outreach and engagement for a series of virtual workshops and meetings where community members were engaged to provide feedback on various Housing Element goals. These meetings were held digitally in a series of meetings and live interactive presentations from City staff. Other outreach tools included an interactive projectspecific website, online surveys, and pop-up events.
Valley’s Edge Specific Plan, Butte County
City of Chico
Project Manager
Valley’s Edge is a proposed mixed-use plan of housing, commercial, parks, trails, and open space that is part of the 2030 General Plan which will help Chico grow in a way that is good for the surrounding communities. Paul led the planning and development of the Valley’s Edge Specific Plan, which included draft alternatives, community outreach efforts, and day-to-day project management duties. Community engagement was accomplished through a series of in-person interactive workshops that included reviewing project design alternatives, design guidelines, and policies along with managing smaller breakout sessions for specific citywide issues and solutions. Comments and input received were used to create a Specific Plan that encompassed the community’s vision for future growth and development.
Mountain View Housing Element Update, Santa Clara County City of Mountain View
Community Engagement Lead
The objective of the Mountain View Housing Element update was to gather feedback from underrepresented communities and address barriers with the existing divide of housing affordability through the development of the 6th cycle Housing Element. Paul led the community outreach and engagement efforts, which included a series of virtual workshops and meetings where community members were engaged to provide feedback on various Housing Element goals. These meetings were held digitally in a series of meetings and live interactive presentations from City staff. Other outreach tools included an interactive project-specific website, online surveys, and pop-up events.
Los Altos Housing Element Update, Santa Clara County
City of Los Altos
Community Engagement Lead
The objective of the Mountain View Housing Element update was to gather feedback from underrepresented communities and address barriers with the existing divide of housing affordability through the development of the 6th cycle Housing Element. Paul led the community outreach and engagement efforts which included a series of virtual workshops and meetings where community members were engaged to provide feedback on various Housing Element goals. These meetings were held digitally in a series of meetings and live interactive presentations from City staff. Other outreach tools included an interactive project-specific website, online surveys, and pop-up events.
Piedmont Housing Element Update, Alameda County
City of Piedmont
Community Engagement Lead
The objective of the City of Piedmont Housing Element update was to gather feedback from underrepresented communities and address barriers with the existing divide of housing affordability through the development of the 6th cycle Housing Element. Paul assisted with community outreach and engagement for a series of virtual workshops and meetings where community members were engaged to provide feedback on various Housing Element goals. These meetings were held digitally in a series of meetings and live interactive presentations from City staff. Other outreach tools included an interactive project-specific website, online surveys, and pop-up events. 43 July 24, 2023 Item 06
Angela Khermouch, RA
URBAN DESIGNER/PLANNER
Angela Khermouch, RA, is a licensed architect and urban planner with 9 years of experience in the public and private sectors, including work in architecture, street design, and leading vision zero implementation projects. She is particularly passionate about creating urban, walkable, and bikeable environments.
SELECTED PROJECT EXPERIENCE
Regional Transportation Commission of Southern Nevada Sustainability Plan Regional Transportation Commission of Southern Nevada
Assistant Project Manager
Ascent is assisting the Regional Transportation Commission of Southern Nevada (RTC) in the development of its Sustainability and Resilience Plan. This plan will document RTC’s existing and proposed sustainability efforts and establish sustainability objectives to guide RTC’s future efforts, consistent with the American Public Transportation Association’s definition of sustainability. The plan will also balance the recommended sustainability objectives with socioeconomic challenges facing the region. Additionally, Ascent is developing a tool that allows RTC to input and track annual sustainability metrics, such as fleet activity and building energy use, and evaluate the agency’s progress toward meeting its objectives. Ascent is also working with RTC to clarify its sustainability objectives and establish ambitious, yet realistic goals.
Milpitas Gateway–Main Street Specific Plan Update, Santa Clara County City of Milpitas
Urban Designer
Ascent is updating the Milpitas Midtown Specific Plan, which is being renamed the Gateway–Main Street Specific Plan. The plan will serve as a comprehensive guide for the revitalization of the Milpitas Midtown/Downtown area, with a focus on the Main Street, Gateway, and Abbott subareas. The plan will include extensive public engagement; scenario planning and feasibility testing; detailed urban design guidance for housing, infill development, and public realm improvements; and a detailed implementation program to address economic development and infrastructure improvements. Angela is helping to create public outreach documents, develop scenario planning, and produce the final Specific Plan document.
Sunnyvale Village Center Master Plan, Santa Clara County City of Sunnyvale
Urban Designer
Sunnyvale’s Village Center Master Plan will provide development concepts, updated zoning, streetscape strategies, and a “toolkit” of objective design and development standards for the infill and revitalization of seven mixed-use neighborhood nodes throughout the city. The plan will ensure integration into the surrounding neighborhoods, while creating local identify and a sense of place with a vibrant mix of public, commercial, and residential activities and public space improvements. As an urban designer on this project, Angela is analyzing community input, developing master plan concepts, and helping draft the final plan.
YEARS OF EXPERIENCE 9
EDUCATION
Master of Urban Design, The City
College of New York
B.Arch., Illinois Institute of Technology
CERTIFICATIONS
Registered Architect, State of New York,
2019
OSHA 10-Hour Construction Safety and
Health, 2017
44 July 24, 2023 Item 06
Angela Khermouch, RA
SACRAMENTO | LAKE TAHOE | BERKELEY | SAN DIEGO | IRVINE Auburn/Bowman Community Plan Update, Placer County
County of Placer
Urban Designer
Ascent is working with Placer County to prepare an update to the Auburn/Bowman Community Plan and a Master Plan for the Bowman area. The Community Plan will refresh the existing Community Plan, last prepared in 1994, almost 30 years ago, and bring the standards of the plan current with new market and development opportunities, with a focus on two urban study areas along SR 49 and I-80 near Auburn.
Funded by the Regional Early Action Planning (REAP) grant from SACOG, the Community Plan will bring a contemporary vision to the Auburn/Bowman community and support the County’s efforts to remove implementation barriers to housing construction. The project will update the Community Plan land use, mobility, and infrastructure plans, standards for development, policies, and implementation programs and will test housing opportunity sites that form the basis of an updated Master Plan for the Bowman area. Angela is helping to create public outreach documents, develop scenario planning, and produce the final updated Community Plan.
Raised Crosswalk Pedestrian Safety Program, New York City New York City Department of Transportation
Program Manager
The NYC Department of Transportation launched the mayoral priority program to make 1,000 intersections safer for pedestrians with improved traffic signals, raised crosswalks, and other expanded pedestrian space and visibility measures. Angela managed the design and implementation of raised crosswalk street safety projects across the city’s five boroughs. She measured the success of the program through data collection and analysis. Locations were prioritized near child and senior pedestrian generators, such as schools, parks, and senior centers.
Pedestrian Safety and Older New Yorkers Report, New York City New York City Department of Transportation
Report Manager
The NYC Pedestrian Safety and Older New Yorkers Report measures the success of safe street treatments by comparing before and after safety data for older New Yorkers. Angela managed the layout, graphics, and presentation of the report.
Vision Zero Bicycle and Pedestrian Street Improvement Projects, New York City New York City Department of Transportation
Project Manager
Angela managed the design, implementation, public outreach, and analysis of pedestrian and bicycle street improvement projects across the city’s five boroughs for the Department’s Vision Zero program.
PATH Train Harrison Station, Harrison, New Jersey
Port Authority of New York and New Jersey
Construction Document Manager/Construction Administration Angela managed the preparation of design and construction documents for the new west PATH train station houses in Harrison, New Jersey, using the 3D modeling program Revit. She performed on-site construction administration at the east train station houses, reviewing conformance to construction documents.
45 July 24, 2023 Item 06
Ascent
1230 Columbia St, Suite 400
San Diego, CA 92101-8517
ascent.inc
46 July 24, 2023 Item 06
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: July 24, 2023
SUBJECT: Resolution to Authorize Applications to SANDAG to Request Cycle 2 Housing Acceleration Program (HAP) Grant Funds
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council:
1. Adopt a Resolution (Attachment A) authorizing staff to submit two applications to the San Diego Association of Governments (SANDAG) for $181,000 in planning grant funds and $1.5 million in capital grant funds for three Housing Element-related special projects, including the Housing Element Program 3A Fairgrounds Housing special project, Housing Element Programs 4A/4B (Resources for Special Needs Households), and Program 6G Objective Design Standards;
2. Commit the City to provide partial match funds in the amount of $160,000 and in-kind staff time in the amount of $200,000 (2,000 hours) to increase the application competitiveness (no minimum match is required); and
3. Authorize the City Manager to accept any awarded grant funds and execute all necessary grant related documents or agreements.
BACKGROUND:
The Housing Acceleration Grant Program (HAP Grant) is a State grant program that is administered by SANDAG. It provides funds to local jurisdictions in the San Diego region to facilitate housing in Smart Growth Opportunity Areas (SGOA) during the 6th Cycle Housing Element planning period (2021-2029). “Smart growth” is an approach to development that encourages a mix of building types and uses, diverse housing options, and transportation alternatives; focuses reinvestment in downtowns, main streets, and existing neighborhoods; and involves robust community engagement. SGOAs are locations surrounded by urban uses and generally within walking distance of transit, jobs, housing, services, and schools. The State Fairgrounds and Del Mar’s downtown village are examples of SGOAs with infill site opportunities for affordable housing.
1 July 24, 2023 Item 07
City Council Agenda Report
Applications for HAP Grant Cycle 2
July 24, 2023
In March 2022, SANDAG allocated $225,000 in Cycle 1 HAP Grant Funds to Del Mar to fund Phase I housing feasibility studies related to the State Fairgrounds property and two Cityowned vacant sites on 10th Street and 28th Street; Phase II housing feasibility studies related to privately-owned sites in the Housing Element sites inventory and potential incentives for affordable housing; and consulting services. The City timely spent the $225,000 grant funds prior to the June 30, 2023, Cycle 1 deadline.
The Cycle 2 HAP Grant program objectives are to facilitate infill housing, reduce vehicle miles traveled (VMT), further fair housing, and facilitate “housing for all”. SANDAG’s Cycle 2 request for proposals is a competitive application process open to all local jurisdictions in the San Diego region. The total funds available include $4 million in planning funds and $12 million in funds for capital projects (that will be built by June 2031). The HAP Grant program provides the City with a great opportunity to offset costs associated with Housing Element implementation. The City can submit multiple applications and request up to $650,000 for planning funds and up to $2.5 million in capital funds for project development within a reasonable timeframe (indicated as June 30, 2031, per SANDAG’s request for proposals).
DISCUSSION/ANALYSIS:
Staff identified three special projects in two separate application submittals to SANDAG for grant funding. No match is required; however, the City has partial match funds already budgeted and can also commit in-kind staff time, which is expected to result in project application points and increased application competitiveness. The City will also receive points for having an adopted Climate Action Plan and a certified Housing Element.
City of Del Mar Grant Application #1 – SANDAG’s Capital Fund:
$1.5 million Grant Request (Capital Funds)
Project Capital Fund Request Matching Funds
Program 3A Lower
Income Affordable
Housing on State
Fairgrounds Property in
Del Mar
$1.5 million $150,000
Account 49.8000.8013
In-Kind staff time:
$150,000 (1,500 hours)
The Fairgrounds is a smart growth, transit priority area/mobility hub location and this project will be “transformative and innovative” planning and development of the site consistent with HAP program objectives to affirmatively further fair housing, reduce VMT, and facilitate infill housing. This grant can support the collaborative effort in process between the City and the 22nd District Agricultural Association (22nd DAA) including opportunities to utilize funds towards multiple phases of this planned capital project and pre-development work for the overall transformative State Fairgrounds plan in process. As grant applicant, the City can include funds in its request that can be used by the City and passed through to the 22nd DAA to complete studies, assessments, and site preparation needs for the project. 2 July 24, 2023 Item 07
City Council Agenda Report
Applications for HAP Grant Cycle 2
July 24, 2023
The City is currently seeking to establish control of a one to two-acre site within the Fairgrounds property, through a ground lease or purchase, to ultimately develop lower income housing consistent with Housing Element Program 3A. The grant funds would support completion of pre-development studies, environmental assessments, and related affordable housing consulting services. See Attachment B for a draft project scope and schedule that aligns with the grant agreement requirements.
The City is currently in the process of negotiating an Exclusive Negotiations Rights Agreement (ENRA) with the 22nd DAA, and hopes to have the ENRA ready for City Council and DAA Board consideration in late 2023 or early 2024. Once an ENRA is in place, the City will conduct a variety of pre-development studies to identify more precisely the physical and financial viability of the affordable housing project to facilitate selection of a developer. The studies to be completed generally relate to:
Site design feasibility
Supplemental economic studies, financial feasibility analysis, and identification of property encumbrances
Transportation and traffic studies to assess mobility and access Environmental assessment work (i.e., geotechnical/soils analysis, biology report, wetlands delineation, sea level rise resiliency)
Assessment of infrastructure-related conditions (i.e., water, sewer, stormwater, roadways, access improvements, flood control/SLR resiliency) The information collected will be integrated into a future agreement with the 22nd DAA and utilized to select a developer and enter into agreements for developer construction and management and operation of the affordable housing once complete. Subsequent phases of the project will be conducted by the selected developer, including the project environmental analysis, design (conceptual, preliminary, or final), entitlement approvals, public improvements, and project construction (by June 30, 2031).
Work on this project will occur during the full term of the grant cycle through December 2025 and is intended to ultimately result in construction of an affordable housing project by June 30, 2031. SANDAG is aware of the special circumstances involved with this project (i.e., no site control at the time of grant application). However, project readiness is just one of several factors in the overall project scoring/evaluation process. SANDAG staff clarified the City could proceed with the pre-development studies as planned on a parallel track with its ongoing work to secure an Exclusive Negotiations Rights Agreement with the DAA, and if unsuccessful, could work with SANDAG to amend the contract at that time to reduce the total grant amount as necessary to cover only the project work that is able to be completed.
Estimated budget: $1.5 million grant funds and matching funds including $150,000 special project funds and $150,000 in-kind staff time
3 July 24, 2023 Item 07
City Council Agenda Report
Applications for HAP Grant Cycle 2
July 24, 2023
City of Del Mar Grant Application #2 – SANDAG’s Planning Fund:
$181,000 Grant Request (Planning Funds) for two Housing Element Projects Project Planning Fund Request Matching Funds
Program 6G Objective
Design Standards,
Including Consultant
Studies
$101,000 $5,000
Account 49.8000.8022
In-Kind staff time:
$30,000 (300 hours)
Program 4A/4B Efforts to
Address the Needs of
Special Needs
Households
$80,000 $5,000
Account 49.8000.8027
In-Kind staff time:
$20,000 (200 hours)
Project Descriptions:
Program 6G Objective Design Standards, Including Consultant Studies Request for grant funds to facilitate preparation and processing of an Objective Design Standards Manual, parking utilization studies, and implementing regulations for Housing Element Program 6G (Objective Design Standards). Objective standards are defined as measurable, verifiable, and involve no personal judgement. The deliverables are intended to facilitate affordable housing development and maintain community character in accordance with the Del Mar Community Plan and the Local Coastal Program. This work is consistent with HAP objectives to locate “housing for all” in smart growth, infill locations. Work is anticipated to cover a portion of the grant cycle through December 2024.
Estimated budget: $101,000 grant funds and matching funds including $5,000 special project funds and $30,000 in-kind staff time
Program 4A/4B Efforts to Address the Needs of Special Needs Households Request for grant funds to support consulting services to prepare informational handouts, conduct public outreach, draft policies and regulations, and process the associated policy resolution and/or ordinance through noticed public hearings of the Planning Commission and City Council. This relates to Housing Element Programs 4A and 4B to address residential care facilities, supportive housing, transitional housing, and other housing needs for the homeless and at-risk populations. In accordance with the Housing Element, consultant selection is scheduled to occur by December 2023. This task is consistent with HAP objectives to Affirmatively Further Fair Housing (AFFH) and facilitate housing and resources for special needs households. Work is anticipated to cover the full term of the grant cycle through December 2025.
Estimated budget: $80,000 grant funds and matching funds including $5,000 special project funds and $20,000 in-kind staff time
4 July 24, 2023 Item 07
City Council Agenda Report
Applications for HAP Grant Cycle 2
July 24, 2023
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council for this agenda item. The identified match funds are already available in the respective special project accounts for each of the identified special projects. If awarded by SANDAG, HAP grant funding will offset costs for implementation of three Housing Element special projects included in the work program for Fiscal Years 2023-24 and 2024-25.
ENVIRONMENTAL IMPACT:
The requested action is exempt from the California Environmental Quality Act (CEQA) pursuant to the common-sense exemption (CEQA Guidelines Section 15061(b)(3)) because CEQA only applies to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility that adoption of the Resolution or future acceptance of the HAP grant funds would have a significant effect on the environment. Further, the 6th Cycle Housing Element has been the subject of prior environmental analysis. Use of HAP grant funds for implementation of 6th Cycle Housing Element would be consistent with the City Council’s prior determination per the City Council action on October 5, 2020, adopting Resolution 2020-52 certifying a Final PEIR (SCH No. 2020029064) and adopting a Mitigation, Monitoring, and Reporting Program (MMRP), identifying that future discretionary actions to implement the Housing Element, including any proposed housing development at the State Fairgrounds, will be subject to future CEQA review.
HOUSING IMPACT:
The Cycle 2 HAP Grant, if awarded, will facilitate creation of affordable housing in accordance with the 6th Cycle Housing Element for the (2021-2029) planning period.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
Implementation of the respective special projects to implement the Housing Element and maintain compliance with State Housing law is a City Council identified priority.
ATTACHMENT:
Attachment A – Resolution Authorizing Submittal of SANDAG HAP Grant Applications Attachment B – Fairgrounds Housing Project Draft Scope/Schedule 5 July 24, 2023 Item 07
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AUTHORIZING THE SUBMISSION OF TWO
GRANT APPLICATIONS TO THE SAN DIEGO ASSOCIATION OF
GOVERNMENTS (SANDAG) IN THE AMOUNT OF $181,000 FOR
PLANNING GRANT FUNDS AND $1.5 MILLION IN CAPITAL
GRANT FUNDS FOR IMPLEMENTATION OF THREE HOUSING
ELEMENT-RELATED SPECIAL PROJECTS; AND COMMITTING
THE CITY TO PROVIDE PARTIAL MATCH FUNDS AND IN-KIND
STAFF TIME; AND AUTHORIZING THE CITY MANAGER TO
ACCEPT GRANT FUNDING AND EXECUTE GRANT
AGREEMENTS IF AN AWARD IS MADE BY SANDAG
WHEREAS, up to $16 million of the Regional Early Action Planning Grants of 2021 (REAP 2.0) allocated funding for SANDAG from the California Department of Housing and Community Development (HCD), these grants are available to local jurisdictions through the Housing Acceleration Program (HAP) Cycle 2 Call for Projects; and WHEREAS, the City of Del Mar desires to receive REAP 2.0 grant funding from SANDAG to implement several Housing Element action programs to facilitate infill housing development, reduce vehicle miles traveled, further fair housing, and facilitate “housing for all” in smart growth, infill locations; and
WHEREAS, the City certifies that it adopted a Climate Action Plan (CAP) in a public meeting of the City Council on June 6, 2016, and confirms that the CAP includes measures to reduce greenhouse gas (GHG) emissions to 1990 levels by 2020 and achieve further reductions beyond 2020 consistent with adopted regional or local GHG emissions reduction targets; and
WHEREAS, the City certifies that its 6
th Cycle Housing Element (2021-2029) was
certified in compliance with State Housing Element Law as determined by the California Housing and Community Development Department on May 31, 2023, in consideration of prior City Council Housing Element Actions that include adoption of General Plan Amendment (GPA20-003) on March 25, 2021, and subsequent amendment adoptions on December 13, 2021 and April 3, 2023; and
WHEREAS, it is a City priority to execute a binding agreement with the State Fairgrounds 22nd District Agricultural Association (22nd DAA) to pursue an affordable housing development of at least 54 lower income units on the Fairgrounds property in accordance with Housing Element Goal 3 and Program 3A; and WHEREAS, the City completed prior affordable housing feasibility studies in June 2022 using Cycle 1 HAP Grant funds that produced initial proformas identifying the projected cost for an affordable housing project on the State Fairgrounds, which demonstrated that affordable housing development on the State Fairgrounds property is feasible and will require significant public investment; and
Attachment A
6 July 24, 2023 Item 07
Resolution No. 2023-XX
WHEREAS, the City intends by this action to submit an application requesting a grant of capital funds totaling $1.5 Million from SANDAG to aid in implementation of the “Lower Income Affordable Housing on State Fairgrounds Property in Del Mar” project which is a planned capital project involving multiple project phases related to Housing Element Program 3A that will facilitate infill housing development, aid in the reduction of vehicle miles traveled, and further fair housing; and
WHEREAS, the City desires to submit a second grant application to SANDAG requesting $181,000 in planning funds to implement two Housing Element-related special projects that concern special needs households and will facilitate infill housing development, aid in the reduction of vehicle miles traveled, and affirmatively further fair housing through implementation of two Housing Element Programs including the Program 6G “Objective Design Standards, Including Consultant Studies” special project and Program 4A/4B “Efforts to Address the Needs of Special Needs Households” special project; and WHEREAS, implementation of the City’s Housing Element action programs will require the City to continue its diligent public outreach efforts and provision of public participation opportunities that are inclusive of all economic segments in the community; and WHEREAS, the City agrees to provide matching funds (partial match funds and inkind staff time) according to the respective grant applications if the grants are awarded.
NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the City Manager to submit the following Cycle 2 HAP Grant applications to SANDAG including one capital funds grant application and one combined planning funds grant application:
Application Type Project Name
Capital Funds Lower Income Affordable Housing on State Fairgrounds Property in Del Mar
Planning Funds Objective Design Standards, Including Consultant Studies Efforts to Address the Needs of Special Needs Households LET IT BE FURTHER RESOLVED that the City Council authorizes the City Manager to accept HAP grant funding and execute any required grant documents or agreements if an award is made by SANDAG.
7 July 24, 2023 Item 07
Resolution No. 2023-XX
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 24th day of July, 2023. _____________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2023-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 24th day of July, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
8 July 24, 2023 Item 07
1 Fairgrounds Affordable Housing Project Schedule for Cycle 2 HAP Grant Agreement The following scope of tasks and timeline (pre-development through construction phases) was prepared based on input from the City’s affordable housing consultants and special legal counsel based on their prior experience and expertise with affordable housing development projects. The proposed timing complies with the HAP Grant criteria. However, it should be noted that many variables can affect project timing as it relates to processing steps following the pre-development phase (Task 2).
Task No. Task Description Outcome/Output Deliverables
1 Develop and execute Exclusive
Negotiations Rights Agreement
with 22nd DAA
(Draft agreement and initial
discussions between agencies at
staff level will have occurred prior
to NTP)
Secure signed agreement between the City and
the California 22nd DAA
Final Exclusive Negotiation Rights
Agreement
By April 2024
2 Pre-Development Studies/Due
Diligence
Site design feasibility
Supplemental economic studies, financial
feasibility analysis, and identification of property
encumbrances
Transportation and traffic studies to assess
mobility and access
Environmental assessment work (i.e.,
geotechnical/soils analysis, biology report,
wetlands delineation, sea level rise resiliency)
Assessment of infrastructure-related conditions
(i.e., water, sewer, stormwater, roadways,
access improvements, flood control/SLR
resiliency)
Consultant studies and reports
By Dec 2025
3 Negotiate Purchase and Sale
Agreement or Right to Ground
Lease
Agreement or Lease to facilitate developer
solicitation
Agreement or Lease
By Oct 2025
Attachment B
9 July 24, 2023 Item 07
2 4 Developer solicitation City to follow local process for preparation of RFP/RFQ and solicitation of proposals for
competitive selection process as stated in
RFP/RFQ request. The highest ranked firm will
be selected considering teams relevant
experience in affordable housing development,
coastal development experience, familiarity with
the City of Del Mar, approach to the work, and
cost.
Final RFP/RFQ
By July 2026
5 Exclusive Negotiations Rights
Agreement with Developer
Negotiate ENRA terms with developer Agreement
By Oct 2026
6 City Land Use Entitlement and
CEQA
Developer to process applications for all
discretionary approvals.
Draft and Final CEQA Documents
By July 2027
7 Disposition and Development
Agreement with Developer
Developer due diligence, negotiation of business
terms and execution of agreement. Planning
Commission review and recommendation and
City Council approval of DDA required.
DDA Agreement
By Aug 2028
8 Coastal Commission Review and
Approval of Coastal Development
Permit
Coastal Commission review and approval of
Coastal Development Permit is required for
approval of affordable housing development on
the State Fairgrounds property.
Coastal Development Permit
By Aug 2028
9 Secure other Project Financing
(i.e., State, County, Tax Credit
Awards)
Developer submits applications for State and
County funding awards and low income housing
tax credit award. (Tax credit process may
require multiple rounds of applications.)
Award of Funding
By June 2029
10 Purchase and Sale Agreement or
Right to Ground Lease
Transferred
Agreement or Lease is needed for land
transaction closing to facilitate construction. May
require City and 22nd DAA action depending on
structure of PSA.
Agreement or Lease
by June 2029
11 Construction and Lease-Up Commence and complete construction of affordable housing project. Complete lease-up
and permanent loan conversion.
Project Construction
By June 2031
10 July 24, 2023 Item 07
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Deputy Mayor Dan Quirk and Council Member Dwight Worden, Council Liaisons to the Traffic and Parking Advisory Committee
Prepared by Nestor Machado, Management Analyst
DATE: July 24, 2023
SUBJECT: Traffic and Parking Advisory Committee Appointment REQUESTED ACTION/RECOMMENDATION:
The City Council Liaisons to the Traffic and Parking Advisory Committee recommend that the City Council appoint Ajit Venkatraman as a voting member of the Traffic and Parking Advisory Committee to serve the balance of a vacant term starting July 24, 2023, and ending on May 31, 2025.
DISCUSSION/ANALYSIS:
The Traffic and Parking Advisory Committee (TPAC) was established with the purpose of developing advisory recommendations to the City Council on specified traffic and parking items referred to the Committee by City staff or the City Council. The Committee relies on the advice of City staff, including the City’s traffic and engineering consultants, and the Sheriff’s Department.
TPAC also has the authority to refer specific concerns to the City’s contract traffic engineer, upon approval of the City Manager. TPAC consists of seven voting members, one of which is a business representative member representing a business located in Del Mar. The business representative may be a non-resident. Geographic diversity is desirable and is considered when the Council appoints members to the Committee.
There is one vacancy on the Committee due to the resignation of John Spelich on June 22, 2023.
City staff advertised the vacancy, and one Citizen Interest Form was received during the recruitment period from Ajit Venkatraman (Attachment A). The Council Liaisons to the Committee have reviewed the application and recommend that the City Council appoint Ajit Venkatraman as a voting member to serve the balance of a vacant term starting on July 24, 2023, and ending on May 31, 2025.
If the recommended appointment is approved by the City Council, the Committee will have a full roster. A copy of the current Committee roster is included as Attachment B.
ATTACHMENTS:
Attachment A – Citizen Interest Form
Attachment B – Current Traffic and Parking Advisory Committee Roster 1 July 24, 2023 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Venkatraman Ajit
Last Name First Name Middle Initial
Del Mar, CA 92014
Home Street Address City, State
Business Street Address (if applicable) City, State
Home Phone Number Business Phone Number E-mail Address
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2
nd choice, etc.):
_2__ Design Review Board _1__ Planning Commission
Arts Advisory Committee 3 Parks and Recreation Committee Finance Committee
4 Traffic and Parking Advisory Committee
Measure Q Citizen Oversight Committee Lagoon Committee
Other(s) (please indicate):______________ Sustainability Advisory Committee Qualifications for appointment and/or reasons for application (attach additional pages as needed):
30 years of experience as a Fortune 50 company executive with experience leading global organizations. 10 years as an entrepreneur building and growing companies in Clean-tech, Renewables, and Health care in Bay Area, Orange county and San Diego.
Awarded Businessman of Year in 2002 at Fort Madison, IA for community leadership Member of Shanghai Jiading Industrial zone representing many industrial companies 2005-2007 Member of the Chamber of Commerce Board, Fort Madison, IA 2003 https://www.linkedin.com/in/ajitvenkatraman/
Attachment A 2 July 24, 2023 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law Education:
Masters in Chemical Engineering
Bachelors in Chemical Engineering
Relevant Experience (job or volunteer etc.):
Led project to fund raise and build a park in down town Fort Madison, IA. Energized business community in coming together and donating and volunteering for the $100K project
Initiated and successfully launched a community festival ( First Night) in 2003 in Fort Madison, IA. Festival brought together community in a non alcoholic new year’s eve celebration that was family friendly and showcased local talent and helped local businesses.
Name all of the Del Mar Committees/Boards/Commissions that you now serve on:
None
Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:
Optional: Please list three Del Mar residents who can provide a reference:
NAME STREET NAME (no house
number)
Phone Number
Provided on request
Residency
Month Year
I have been a resident of California since: April 2010
I have been a resident of San Diego County since: June 2016 I have been a resident of Del Mar since: Oct 2019
Chamber of Commerce Board member , Fort Madison, IA 2003-2004 3 July 24, 2023 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law Are you a full-time or part-time resident of Del Mar? ☒ Full-time ☐ Part-time
Is Del Mar your primary place of residence? ☒ Yes ☐ No
Are you a register voter in Del Mar? ☒ Yes ☐ No
4 July 24, 2023 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law III. COMMITTEE SPECIFIC QUESTIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.
1. Arts Advisory Committee
Membership on the Arts Advisory Committee is set by category. Which membership category do you best fit in? Select all that apply. (Note that City staff, consultants, and vendors are precluded from serving on the Arts Advisory Committee.)
☐ Resident with an art background
☐ Resident without an art background
☐ Business Owner- Art related business
☐ Del Mar Foundation Representative
☐ Del Mar Village Association Representative
☐ Ex-Officio (non-voting) – with Art related expertise
☐ Other (please explain): _________________________________________________ Describe your experience and skills as they relate to the world of community art and fine art.
Why in your opinion is public art valuable to the Del Mar community? What is your public art philosophy?
2. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.
Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.
What aspects of the City’s finances most interest you and why? 5 July 24, 2023 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
3. Measure Q Citizen Oversight Committee
Membership on the Measure Q Citizen Oversight Committee is set by category. To avoid conflicts of interest, members of the Measure Q Citizen Oversight Committee cannot concurrently serve on the Undergrounding Project Advisory Committee. Which membership category do you best fit in? (Select all that apply)
☐ Current (or within past 5 years) Finance Committee Member ☐ Business Community Member
☐ At-large Resident Member
☐ Other (please explain): ____________________________________________________
4. Traffic and Parking Advisory Committee
Which membership category do you best fit in? (Select all that apply) ☐ Business representative (can be a non-resident)
☒ Resident
☐ Other (please explain): ____________________________________________________ What part of town do you live in? Geographic diversity is desirable and will be taken into account.
Check the neighborhood map to verify your neighborhood. ☐ North Bluff
☐ North Beach
☐ South Beach
☒ Village Center
☐ South Bluff
☐ South Hills
☐ North Hills
☐ Valley
Do you have any special expertise or experience related to traffic and parking? If yes, please explain:
5. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.
Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.
What aspects of the City’s parks and recreation most interest you and why? As an engineer and a manager of manufacturing facilities globally, I have worked with Govt and traffic authorities to ensure that large projects did not adversely impact traffic in small towns. Recent example was working with city of Jamestown North Dakota to ensure a proposed Fertilizer facility did not impact local traffic patterns .
I have sponsored and built a park in the city of Ft Madison Iowa. I led the fund raising and pulled together fellow members of the city business community and championed the transformation of an unused weedy lot in the city to a beautiful park, known as Aerodrome park . This was a project that I secured matching funds from my company for each dollar contributed .
Ensuring that city parks have a balance of open green spaces, recreation facilities ( like pickleball) , enlisting city businesses to sponsor Park renovations etc 6 July 24, 2023 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
6. Lagoon Committee
The Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.
What aspect(s) of being on the Lagoon Committee most interest you and why?
7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.
What aspects of being on the Shores Advisory Committee most interest you and why? Please describe your vision for the future of Shores Park.
8. Sustainability Advisory Committee
The Sustainability Advisory Committee members are community leaders on environmental issues.
In what ways would you like to contribute to a more sustainable world either in your personal life or on a broader community level?
Please describe any outreach or public education efforts you have participated in related to environmental issues or in other areas. Do you have skills or experience in outreach that you could bring to the Sustainability Advisory Committee?
9. Undergrounding Project Advisory Committee
The Undergrounding Project Advisory Committee is seeking applicants with an interest in the citywide undergrounding project. To avoid conflicts of interest, members of the Undergrounding Project Advisory Committee cannot concurrently serve on the Measure Q Citizen Oversight Committee.
Geographic diversity is desirable and will be taken into account. What part of town do you live in? Check the neighborhood map to verify your neighborhood.
☐ North Bluff ☐ North Beach
☐ South Beach ☐ Village Center
☐ South Bluff ☐ South Hills
☐ North Hills ☐ Valley
While I believe sustainability starts at the individual level, there is a role for companies, govenrnments to play in policy and operations to ensure that the right environment is there and conducive for right actions and behavior. I am a role model leader who leads by example.
I am very well versed in the concept of sustainability from my corporate background at DuPont where I participated in development of sustainable products ( like water based coatings) and also was the “face” of the company in the Asia region where I led many projects with minimal environmental footprint. bui.into
7 July 24, 2023 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law Is your utility service undergrounded? What involvement did you have, if any? What aspects of being on the Utility Undergrounding Advisory Committee most interest you? Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? IV. SIGNATURE AND ACKNOWLEDGEMENT
Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.
Additionally, the Del Mar Conflict of Interest Code requires that members of the Design Review Board, Planning Commission, and Finance Committee file Conflict of Interest Statements with the Administrative Services Department in conformance with the Fair Political Practices Commission and the City’s Conflict of Interest Code. Other advisory committee members are not required to file Conflict of Interest Statements.
By signing below, you are acknowledging that you have reviewed the Committee webpage for which you are applying and that you understand the conflict of interest filing requirement, if applicable. Part of your service may include ethics and anti-harassment training upon appointment and bi-annually. Visit the City’s Conflict of Interest Code webpage to learn more about the requirement.
By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and correct to the best of your knowledge. _ 5/26/2023
Signature Date
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.
8 July 24, 2023 Item 08
City of Del Mar
Traffic & Parking Advisory Committee
Appointing Authority City Council
Kenneth E Barrett
1st Term May 07, 2018 - Feb 29, 2024
Appointing Authority City Council
Jeffrey H Dysart
1st Term Jun 01, 2018 - Mar 01, 2024
Appointing Authority City Council
Position Vice Chair/Secretary
Katherine White
1st Term May 06, 2019 - Mar 02, 2024
Appointing Authority City Council
Category Business Owner/Representative
Zach Groban
1st Term Jul 10, 2023 - Jan 30, 2025
Appointing Authority City Council
Robin Crabtree
3rd Term Sep 02, 2019 - Jun 01, 2025
Appointing Authority City Council
Position Chair
John L Imperato
1st Term Sep 02, 2019 - Jun 01, 2025
Vacancy
Board Roster
Traffic & Parking Advisory Committee Page 1 of 1
Attachment B 9 July 24, 2023 Item 08
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Matt Bator, AICP, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: July 24, 2023
SUBJECT: Request from Kitchell Development Company to Contribute an In-Lieu Fee for Future Undergrounding of Utilities in the 300 Block of 10th Street REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council authorize the City Manager to accept an In-Lieu Utility Undergrounding Fee to satisfy the Kitchell Development Company’s (Applicant) obligation under the 941 Camino del Mar Specific Plan and Development Agreement DA22-001 to underground two utility poles with the development of 307 10th Street and 941 Camino del Mar.
BACKGROUND:
On July 2, 2018, the Del Mar City Council approved a Specific Plan (SP16-001) for the properties at 941 Camino del Mar and 307 10th Street, which is commonly known as the 941 Camino Del Mar Specific Plan (“Specific Plan”). The Specific Plan allows for development of a two-story, 38,890 square-foot, mixed-use development consisting of eight residential units (including two dedicated for low-income households) and approximately 4,398 square-feet of commercial space. The voter-approved Specific Plan also includes “Exceptional Public Benefits” (EPBs) to justify proposed building standards that would deviate from the development standards of the underlying Central Commercial Zone. The type and scope of the benefits include one additional affordable housing unit than would otherwise be required by the Del Mar Municipal Code (totaling two affordable units) and several monetary contributions to various City projects, such as the Shores Park Master Plan, Coastal Connections Conceptual Planning Study (safe railroad crossings), and the Camino del Mar Streetscape project.
In addition to the EPBs, the Specific Plan also lists other public benefits that included the undergrounding of existing utility poles adjacent to the development site. This was not listed in the Specific Plan as an “exceptional” benefit, but was identified as an additional neighborhood improvement that would result from the development. The utility poles 1 July 24, 2023 Item 09
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noted in the Specific Plan requirement had originally been assumed to be the existing utility pole located in the public right-of-way along the10th Street project frontage, and potentially a pole located on the private property to the south at 915 Camino del Mar.
Following approval of the Specific Plan by the Del Mar electorate in November 2018, an associated Local Coastal Program Amendment (LCPA) was certified (approved) by the California Coastal Commission on May 9, 2019, and development entitlements/permits for the mixed-use development consistent with the standards of the Specific Plan were approved on October 15, 2018, by the City Council (due to an appeal of the Design Review Board’s decision).
DISCUSSION/ANALYSIS:
As authorized by California Government Code sections 65864-65869.5 and DMMC Chapter 24.65, Section 1.5.4 of the 941 CDM Specific Plan provides the City of Del Mar with the option to require a Development Agreement to memorialize and further vest the rights, obligations (of both the applicant and the City), and operational requirements of the Specific Plan. The Design Review Board approved Design Review Permit DRB18-008 (City Council Resolution 2018-71) that required a Development Agreement between the applicant and the City.
On August 10, 2022, the City Council adopted Ordinance No. 992 approving Development Agreement DA22-001. One of the above-mentioned obligations of the 941 CDM project applicant is as follows:
“Section 3.11. Undergrounding Existing Utility Poles. Per the Specific Plan and in accordance with Resolution 2018-71 Condition E-1 and the approved plans, two existing utility poles adjacent to the site, or an equivalent deemed appropriate by the City in agreement with the Developer, shall be undergrounded as part of construction. All proposed utilities within the project shall be installed underground in accordance with current utility engineering practices. The existing poles and aerial utilities (to the project) shall be removed and/or placed underground in accordance with a plan produced by the Developer in consultation with SDG&E and other utility providers to the area, and subject to City approval. At the discretion of the City, the developer will have the option to remit a commensurate monetary contribution to the City for a future undergrounding project involving said poles and aerial utilities, in-lieu of performing the physical undergrounding. The poles and aerial utilities must be undergrounded, or in-lieu payment must be made (if found to be acceptable by the City) in order to obtain final project occupancy.” The above-cited obligation was structured as it is because there are technical barriers to removing a singular utility pole on 10th Street and that a contribution for the required removal of pole(s) by the Applicant would likely be the most cost effective and least 2 July 24, 2023 Item 09
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disruptive option. The 10th Street utility pole adjacent to the Specific Plan site cannot be removed as a stand -alone project. To effectively remove all remaining overhead utilities and poles on 10th Street without having to temporarily relocate or support remaining poles, all of the overhead utilities would need to be undergrounded at one time. For the entire undergrounding effort to be an obligation of the Applicant, it would have needed to be required/accepted as an Exceptional Public Benefit for the project and it was not.
The Tewa Court/10th Street Utility Undergrounding District (UUD) was formed by the City Council in May of 2021, and spans from 420 10th Street eastward to encompass all of Tewa Court, terminating at 1035 Klish Way. When the Tewa/10th Street Utility Undergrounding District was formed, it was determined that the utility lines and five poles on 10th Street would be included in the City’s Utility Undergrounding District 3 (UUD 3).
The Tewa Court/10th Street undergrounding work was completed in February 2023, when the final pole in the district removed. The westernmost of the five poles is adjacent to the 941 CDM development site and is labeled as pole “#1” on an exhibit included as Attachment A.
As allowed by the above-cited section of the Development Agreement, the Applicant submitted a written request to pay a proportional share of the cost (in-lieu fee) for the City to underground the remaining five poles and utilities on 10th Street at a future date instead of undergrounding the utilities during construction of the project. The Applicant’s letter, which includes a construction cost estimate for the undergrounding of the remaining 10th Street power and telecommunications utilities, has been included as Attachment B.
The Applicant’s estimate calculates the estimated cost to underground the utilities and remove all five remaining poles at a “per-pole” cost for in-lieu purposes of $114,000. For consistency with the language of Section 3.11 of the Specific Plan, the Applicant is proposing to contribute the estimated cost for removal of two poles, or two-fifths of the estimated future project cost to remove all the remaining poles, with a contribution of $230,000. The Applicant’s in-lieu fee request/proposal cites the technical difficulties of removing just one or two poles at a time and the disruption that multiple undergrounding projects would have on the residents and users of 10th Street as reasons for the City to allow and accept an in-lieu payment for satisfaction of the development obligation.
Upon receiving the Applicant’s request and cost estimate, the City utilized NV5, one of its current on-call engineering consultants with experience in undergrounding to review (at the Applicant’s expense) and confirm that the cost estimate provided by the Applicant was appropriate and sufficient to cover the cost of removing the two poles. Utilizing the material and labor assumptions provided by the Applicant’s utility consultant, NV5 concluded that the cost estimate would be a conservatively appropriate contribution for undergrounding the remaining overhead utilities on 10th Street and removing the poles 3 July 24, 2023 Item 09
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within the next five years, which is currently the estimated timeframe by which the City plans to complete UUD 3 (Attachment C).
Therefore, based on the conclusion resulting from the City’s third-party review, and the assumption that allowing the Applicant to pay an in-lieu fee would be the most cost effective and least disruptive option to satisfy Section 3.11 of DA22-001, it is staff’s recommendation that the City Council authorize the City Manager to accept the in-lieu payment as proposed in an amount totaling $230,000.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item. If authorized by the City Council, the request would result in a contribution by the Applicant of $230,000 towards undergrounding the remaining five utility poles and associated utility lines on 10th Street, east of Camino del Mar as part of the UUD 3 project. As such, the Fiscal Year 2023-2024 Operating and Capital Budget would be amended as part of the Midyear Budget Process to account for this revenue.
ENVIRONMENTAL STATUS:
A Supplemental Environmental Impact Report (SEIR – SCH No. 2007091007) was prepared and processed for the Specific Plan and associated development in accordance with the requirements of the California Environmental Quality Act (CEQA) and certified by the City of Del Mar City Council on June 12, 2018. Acceptance of the $230,000 in-lieu fee payment to satisfy a Specific Plan requirement is not considered a separate or new project.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
Implementation of the citywide Utility Undergrounding Program is a City Council priority.
ATTACHMENTS:
Attachment A – Photo Exhibit of Remaining Utility Poles on 10th Street Attachment B – Applicant’s Request for In-Lieu Fee Authorization Attachment C – NV5 Third-Party Review of Estimated In-Lieu Fee 4 July 24, 2023 Item 09
ATTACHMENT A
NORTH
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ATTACHMENT B
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15092 Avenue of Science, Suite 200 | San Diego, CA 92128 | www.NV5.com | Office 858.385.0500 | Fax 858.385.0400
July 18, 2023
CITY OF DELMAR
Public Works Department
2240 Jimmy Durante Boulevard
Del Mar, CA 92014
SUBJECT: COST ANALYSIS REVIEW OF KITCHELL'S PROPOSAL AND REFERENCE TO CITY OF DEL MAR
UNDERGROUND PROJECT
Joe Bride / Martin Boyd,
The following is an explanation of the cost analysis review conducted by NV5, based on Kitchell/Utility Specialists proposal, referencing the City of Del Mar Underground Project, specifically the Tewa Street and 10th Street Conversion documents. Additionally, we included inflation adjustments for the next five years in our analysis. NV5 has determined the Kitchell/Utility Specialists cost estimate to be sufficient and conservative based on NV5 analysis, affirming the reasonableness and feasibility of the proposed costs.
During our review process, we paid particular attention to the cost estimate documents provided by the City of Del Mar, and we conducted a thorough cost analysis of Kitchell/Utility Specialists for the 941 CDM project using the Tewa Street and 10th Street Conversion figures, recognizing these as critical components of the overall project. We cross-referenced Kitchell/Utility Specialists' figures with the documentation provided by the City of Del Mar to evaluate the reasonableness and feasibility of the proposed costs.
In addition to analyzing the initial cost estimates, NV5 recognized the importance of accounting for inflation to provide a more realistic projection of future costs. We diligently researched and incorporated the relevant inflation rates into our analysis for the next five years, based on reputable sources and economic indicators. This step ensured that the financial forecast remained accurate and accounted for the potential effects of inflation on the project budget.
Thank you for considering our analysis, and we appreciate your trust in our expertise. Should you have any questions or require further information, please do not hesitate to contact me directly at [email protected].
Thank you for your time and attention.
Sincerely,
NV5
Oscar Lazaro
Director – Distribution Design Services
DocuSign Envelope ID: 6AD92C64-98F8-4796-8609-45EAAAEC9A38 ATTACHMENT C 13 July 24, 2023 Item 09
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: July 24, 2023
SUBJECT: Discussion of Council Guiding Principles and Objectives for Development of Short Term Rental Regulations
REQUESTED ACTION/RECOMMENDATION:
Based on City Council direction on July 10, 2023, the purpose of this agenda item is to facilitate a City Council discussion of the guiding principles and objectives for development of short term rental (STR) regulations and to provide direction to staff on the next steps in the process.
BACKGROUND:
The creation of new STR regulations is an established City Council priority special project.
This project initially began in 2016, and has involved several California Coastal Commission (CCC) actions, legal challenges, and enforcement considerations as well as processing delays due to the timing of court decisions rendered during the COVID-19 pandemic (see Attachment A for additional background).
Work on this special project resumed in January 2023, with the collection of STR data specific to Del Mar which included the number; type; average length of stay, rental rate and occupancy rates; and general location of STR operations in the City. On July 10, 2023, the City Council received a report of STR data collected from January 1, 2023 through April 30, 2023, which helped to provide a general understanding of STRs in Del Mar. The analysis also evaluated whether or not the property owner of record is the same as the STR operator, in an attempt to identify potential “investment properties” that are not the property owner’s primary residence. As part of that discussion, the City Council asked that staff additionally review and provide data for active STRs for the month of June 2023, which staff will provide to the Council on September 5, 2023.
The following is a summary and recap of the data collected from January 1 – April 30, 2023, and presented to the City Council on July 10, 2023:
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Number of STRs Advertised 116
Ratio of STRs to Total Dwelling Units 4.51%
Ownership 36 primary residences
80 investment properties (offsite owners)
Average Length of Stay 3.7 days
Average Rental Rate per Night $630
Average Occupancy Rate 62%
Locations of Advertised STRs RM-West zone (37 STRs)
R2 zone (20 STRs not including Wave Crest)
RM-East zone (18 STRs)
R1-10 zone (15 STRs)
R1-5B (8 STRs)
RM-South (7 STRs)
L’Auberge Villas (6 STRs)
Wavecrest Resort Timeshares (3 STRs)
CVPP (1 STR)
BC parcel/Northerly R2 (1 STR)
On July 10, 2023, the City Council provided the following guidance regarding how to approach next steps in the process for development of STR regulations:
• Utilize data to understand the general characteristics of STR operations in Del Mar • Council to discuss guiding principles and objectives - July 24, 2023 • City Attorney’s office to provide overview of past Coastal Commission and court decisions related to STRs – September 5, 2023
• Staff to present STR policies and regulations from other local jurisdictions and facilitate Council policy discussion – September/October 2023 • Conduct public outreach including the local hotels/motels and other stakeholders • Consider alternatives and provide policy direction including Transient Occupancy Tax (TOT) requirements
• Prepare draft ordinance and confirm with City Council whether the approach is consistent with the guiding principles and objectives
• Prepare environmental analysis of the draft ordinance • Schedule and hold a noticed public hearing of the Planning Commission to review the draft ordinance and provide a recommendation to the City Council • Schedule and hold a noticed public hearing of the City Council to review the draft ordinance and complete ordinance introduction and adoption steps • Submit the adopted ordinance to the CCC for certification 2 July 24, 2023 Item 10
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Community Discussion of STRs
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DISCUSSION/ANALYSIS:
The purpose of this agenda item is to facilitate discussion and identification of the guiding principles and objectives for creating new STR policies and regulations in Del Mar.
Guiding principles are general rules or ideas that provide influence over a decision making process, which in this case is the development of STR regulations. The development of guiding principles and objectives for this process will be an important element of creating the necessary policy framework and providing direction to staff. The following is information on the existing policy and regulatory context to help guide the discussion.
What is an STR?
STR’s are generally defined as visitor accommodation (commercial activity) in a dwelling unit where the unit as a whole is rented for less than 30 consecutive days.
Policy Context
Del Mar Community Plan (General Plan)
The Del Mar Community Plan expresses the community’s policy vision to guide development. It is the main point of reference for all land use-related decisions. The Community Development section of the Community Plan includes the City’s Land Use Element and the most relevant land use policies related to the topics of STRs and housing included below:
Overall Goal: Preserve and enhance the special character of Del Mar, the elements of which are a village-like community of substantially single family residential character, a picturesque and rugged site, and a beautiful beach.
Community Development Goal 3: Preserve and enhance Del Mar’s special residential character and small town atmosphere with its harmonious blending of buildings and landscape in proximity to a beautiful shoreline.
Goal 3 Objective C: Adopt strong positive controls to prevent future commercial development which is incompatible with the existing residential character of the community.
Goal 3 Objective D: Preserve existing and insure adequate housing for diverse age and socio-economic groups within the community.
Goal 3 Objective E: Encourage and facilitate provision of lower cost housing for low- and moderate-income households.
Community Development Goal 5: Preserve the economic integrity of the community.
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Goal 5 Objective A: Maintain a balanced philosophy toward commercial growth which permits the City’s income to keep pace with its expenditures while insuring compatibility with all other goals and objectives of the Community Plan.
Goal 5 Objective B: Promote those uses of the commercial area which will be of greatest economic benefit to the community while insuring compatibility with all other goals and objectives of the Community Plan.
Goal 5 Objective D: When feasible and appropriate, require an economic analysis on any future proposed community plan revisions.
Community Development Goal 6: Assure continuing public participation in city planning by developing procedures in which citizens can participate in updating General Plan goals and policies and help in implementing programs including consultation and advice on enabling legislation.
Local Coastal Program (LCP) Land Use Plan (LUP)
Any proposed land uses must conform with the policies of the Coastal Act. The standard of review for any prospective STR Ordinance will be the City’s certified LCP LUP.
Relevant LCP policies include:
LUP Goal IV-A: Provide physical and visual access to coastal recreation areas for all segments of the population without creating a public safety concern, overburdening the City’s public improvements, degrading the City’s natural resources, or causing substantial adverse impacts to adjacent private properties.
LUP Policy II-6: Encourage visitor-serving and recreation-oriented businesses that blend harmoniously with the traditional small-town character of the community.
LUP Goal V-B: Provide the public with quality overnight accommodations and other visitor-serving facilities which enhance the unique village character of the community.
LUP Policy V-10: The City shall ensure that development of visitor-serving facilities is compatible with surrounding development and is consistent with the policies of this Land Use Plan intended to preserve environmentally sensitive resources.
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Regulatory Context – Zoning Code/Certified Local Coastal Program (LCP) Title 30 of the Del Mar Municipal Code sets forth the City’s zoning code requirements.
The Title 30 regulations and associated maps applicable to base zones, overlay zones, permit types, public access, and coastal resources comprise the City’s certified LCP implementing ordinances. Until new STR regulations are adopted and become effective, new STR’s are only an allowed use in commercial zones including the ResidentialCommercial (RC), Central Commercial (CC), North Commercial (NC), Professional Commercial (PC), Visitor-Commercial (VC), Hotel Specific Plan, and 941 Camino Del Mar Specific Plan zones; and as provided for by development entitlement (i.e., Wave Crest Resort Time Shares and L’Auberge Vacation Villas). STRs are currently not an allowed use in any residential zones.
General Expectations of Coastal Commission
The Coastal Act requires public access to be protected, provided, and maximized. The CCC considers STRs as a means for visitors to access the coast. The relevant policy Section 30213 of the Coastal Act states “Lower cost visitor and recreation facilities shall be protected, encouraged, and where feasible, provided. Developments providing public recreational opportunities are preferred.” The CCC has interpreted that STRs are a type of lower cost visitor accommodation, more affordable than traditional hotels that can facilitate members of the public with low or moderate incomes to access and recreate at the coast. Further, the CCC has taken the position that coastal jurisdictions should expressly accommodate STRs within Local Coastal Program policies and regulations.
The CCC has generally interpreted STRs to be both a visitor-serving use and a form of residential use. In terms of length of stay, CCC staff has indicated an expectation in the past that the local regulations accommodate the ability for a weekend getaway to provide visitor opportunities during the most common times individuals are able to travel. That being said, the CCC has expressed recognition that each community is unique and may address STRs differently.
Draft Concepts for Consideration when Developing Guiding Principles & Objectives
• Honor the existing policies in the Del Mar Community Plan • Maintain the residential character of neighborhoods in residential zones • Honor the tradition of vacation rentals during the summers, holidays, and horse racing season
• Ensure protection of the public health, safety, and general welfare • Ensure the City’s natural resources will be preserved and protected 5 July 24, 2023 Item 10
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• Ensure STRs will not overburden public improvements, facilities, and services • Minimize adverse impacts to adjacent private properties and the surrounding neighborhood
• Consider distribution and concentration of STRs throughout the community. • Craft regulations that are easy to understand and implement • Communicate expectations for civil conduct in line with “good neighbor” policies • Establish enforcement protocols, and ensure regulation of short-term rentals is, at a minimum, revenue neutral to the City
HOUSING IMPACT:
STRs involve commercial use of a dwelling unit that can displace long term housing stock.
This special project to establish new STR policies/regulations is consistent with the City’s Housing Element Program 5C as a measure intended to reduce current vacancy rates (units reported as unoccupied due to off-site owners with no long term housing tenant) and protect the residential character of neighborhoods in residential zones (i.e., creating new opportunities for STRs in commercial zones and maintaining the majority of dwelling units in residential zones for long term housing).
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council for this agenda item.
ENVIRONMENTAL IMPACT:
The requested action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) because CEQA only applies to projects with the potential for causing a significant effect on the environment. For the purpose of CEQA, there is no change in baseline environmental conditions as a result of the action.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
The STR Regulations special project is a City Council identified priority for completion in FY 2023-2024.
ATTACHMENTS:
Attachment A – STR Background Summary
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Attachment A
Background Summary of Prior Ordinance Processing and Actions to Accommodate Existing STRs Until New Regulations Take Effect This City Council priority special project began in 2016 and has involved several California Coastal Commission (CCC) actions, legal challenges, and enforcement considerations as well as processing delays due to the timing of the final court decisions rendered during the COVID 19 pandemic, which required the City Council to postpone work on a new STR ordinance and direct the City’s limited resources to address the highest priority public health and safety issues and legal mandates.
Initial Moratorium:
After experiencing a significant increase in the number of STRs operating in residential zones, on April 4, 2016, the City Council adopted a moratorium on new STRs in residential zones and provided for existing, non-conforming STRs to temporarily continue while new regulations are processed. The moratorium ended on November 6, 2017 (when Ordinance 934 was adopted). The moratorium was replaced with a Council-adopted forbearance policy to accommodate STRs in operation prior to April 4, 2016, until new STR regulations take effect (see forbearance discussion below).
STR “7/28 Ordinance” - Ordinance 934:
November 6, 2017 - The City Council adopted Ordinance 934 to establish new STR regulations. This ordinance, also referred to as the “7/28 ordinance”, never took effect because Zoning/Local Coastal Program Amendments require CCC certification per the California Coastal Act in order to take effect.
June 7, 2018 – After the CCC conditionally certified Ordinance 934 in June 2018, the City processed an extension. However, while the City was waiting for final resolution of litigation, the conditional approval expired on December 13, 2019.
February 7, 2021 - The court dismissed the final case (City of Del Mar v. California Coastal Commission) because the CCC’s conditional approval had expired.
Adoption of Forbearance Policy Currently in Effect:
The forbearance policy was adopted by Council Resolution 2017-71 on November 6, 2017, to accommodate STRs in operation prior to April 4, 2016, until new STR regulations take effect. The forbearance has been consistently applied, enforced, and maintained:
Date City Council Action
Nov 6, 2017 Adopted new STR Ordinance 934 and Resolution 2017-71 to establish Forbearance Policy
Sep 4, 2018 Approved six-month extension to March 2019 (Resolution 2018-61).
Feb 11, 2019 Approved one-year extension to February 2020 (Resolution 2019-09).
Feb 3, 2020 Approved one-year extension to February 2022 (Resolution 2020-05).
Feb 1, 2021 Approved two-year extension to February 2023 (Resolution 2021-04).
Jan 23, 2023 Approved two-year extension to January 2025 (Resolution 2023-02). 7 July 24, 2023 Item 10