Del Mar City Council
October 2, 2023

per the 2020 Census. This comparison does not include any of the STRs advertised in the Wavecrest Resort Timeshares (31 total vacation units) or L’Auberge Vacation Villas (12 total vacation units).
o The main STR use-related changes in the April 2023 data when compared to June 2023 related to length of stay, daily rental costs, and availability within the greater 92014 zip code, which includes the City of Del Mar and portions of the cities of San Diego and Solana Beach and County of San Diego are as follows:
• An increase in the average days per rental from three to five days; • A slight decrease in average daily rental rate from $630 to $625; and • An increase in the average STR occupancy rate (occupancy compared to availability) from 62% to 82%.
o The following is a breakdown of existing STRs in the City of Del Mar by location:
▪ 57-59% of the existing STRs are operating in residential zones in the North Beach neighborhood (RM-West, RM-East, and R1-5 zones);
▪ 26-28% of the existing STRs are operating in residential zones in the south bluff neighborhoods (R2 and RM-South zones);
▪ 15% of the existing STRs are operating in residential zones in the hills neighborhoods (R1-10 and CVPP); and
▪ The existing Wavecrest Resort and L’Auberge Villas entitlements provide an additional 43 units as options for STR use (R2 zone and Hotel Specific Plan).

Council Guiding Principles & Objectives for STR Regulations On July 24, 2023, the City Council determined the initial eleven guiding principles and objectives for development of new STR regulations. On September 5, 2023, the City Council voted unanimously to add a twelfth guiding principle to guide the process as follows:

1. Honor the existing policies in the Del Mar Community Plan.

2. Maintain the residential character of neighborhoods in residential zones.

3. Honor the tradition of vacation rentals during the summers, holidays, and horse-racing season.

4. Ensure protection of the public health, safety, and general welfare.

5. Ensure the City’s natural resources will be preserved and protected.

6. Ensure STRs will not overburden public improvements, facilities, and services.
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STR Regulatory Framework Discussion and Policy Direction October 2, 2023

7. Minimize adverse impacts to adjacent private properties and the surrounding neighborhood.

8. Consider distribution and concentration of STRs throughout the community.

9. Craft regulations that are easy to understand and implement.

10. Communicate expectations for civil conduct in line with “good neighbor” policies.

11. Establish enforcement protocols, and ensure regulation of short-term rentals is, at a minimum, revenue neutral to the City.

12. Work towards a solution for STRs that works for Del Mar and will pass muster with the Coastal Commission.

Creation of Database of Existing STRs to Identify Baseline Conditions On September 5, 2023, the City Council provided direction to staff to establish a database of existing STRs in operation within the last 10 years for use as a starting point in the discussion of options for new STR policies and regulations. The registry will inform the City of a reasonable baseline to use for future City Council determinations of the number of existing STRs that need to be accommodated as well as whether additional maximum limits on new STRs would be appropriate to set in residential zones. It is understood that the CCC typically relies on this type of data when evaluating the proposed STR regulations for coastal jurisdictions.

To ensure that the City has as accurate of data as possible related to STRs, staff created a web page for property owners to register their STR locations to assist the City establish a database of existing STRs. Newsflash articles were published and distributed in the City’s weekly update on September 8, 14, 15, and 22 to facilitate public outreach and encourage existing STR owners to add their properties to the database. To-date, the City has received documentation for 43 properties including 39 STRs via the code compliance process since 2016 and four STRs via the registry, including one property where additional documentation may be needed.

There are approximately 148 existing STRs (5.7% of total dwelling units), which account for the 125 STRs advertised in June 2023, the four submittals to-date in response to the call for registry of existing STRs, and the list of 39 existing STRs who previously provided information via the code compliance process. The consolidated list adds up to a total of 148 STRs when duplicate listings were removed. To help inform future policy decisions, existing STR operators are encouraged to register by December 5, 2023 at following link:
https://www.delmar.ca.us/FormCenter/Planning-6/ShortTerm-Rental-Registry-51 Existing STRs that register will be more likely to secure priority status and ability to continue operations under new STR regulations (i.e., if cap applies in residential zones). 3 October 2, 2023 Item 14
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Council Approach
On September 5, 2023, the City Council received a report from the City Attorney with an overview of past Coastal Commission actions, court decisions, and legal parameters to help guide community discussions focused on the creation of a new STR regulatory framework. The City Council also provided direction to return with a summary of the regulatory framework of seventeen California jurisdictions, which would inform the Council’s direction for the City’s regulatory framework. The information below summarizes the results of the key components of the survey.

DISCUSSION/ANALYSIS:

Following is a summary of issue categories and details relating to implementation of STR regulations in accordance with the guiding principles stated above and approaches the Coastal Commission has approved. STR regulation examples from the following 17 jurisdictions are included in Attachment A:
• San Diego region: Cities of Carlsbad, Encinitas, Oceanside, San Diego, and Solana Beach.
• Other California Jurisdictions: Cities of Avalon, Carmel by the Sea, Carpinteria, Dana Point, Half Moon Bay, Laguna Beach, Newport Beach, Palm Springs, Pismo Beach, San Clemente, Santa Cruz, and Trinidad.

The main issue categories where staff is seeking City Council input and direction are described below:

Issue Categories Description

1. STR Ownership Types Confirm whether to regulate STRs by ownership type and/or if owner is available on-site as STR rental host.

Primary Residence: Owners occupy property yearround, or more than 6 months per calendar year, as their primary residence and rent as Part-Time STR
Secondary Residence: Owners occupy property 6
months or less per calendar year and rent as Part-Time
STR
Full-Time STR: Owners do not occupy property and
rent as Full-Time STR
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The City can impose different rules based on STR
ownership type. This can include a cap on the number of licenses issued per lot and/or per STR operator. The City also can impose requirements that distinguish between
hosted STRs (where the owner or owner’s representative
is available on-site) versus non-hosted STRs. Most STRs in Del Mar appear to be non-hosted.

Most examples reviewed have provisions to
accommodate existing STRs (10 of 17 jurisdictions). Half Moon Bay and Pismo Beach allow STRs in residential
zones where they are a primary residence. Carmel and
Laguna Beach accommodate existing STRs but have
caps that have been reached, and therefore do not allow any new STRs in residential zones with justification to CCC based on local conditions.

Staff recommendation:

New STR regulations should differentiate between fulltime STRs and use of a primary residence as a part-time STR. The City should set a cap on STRs in residential
zones and limit the number of STR permits issued per lot.

The City can also choose to limit the number of STR
permits per property owner and/or STR operator.

2. STR Permit and
Licensing Procedures
Identify desired STR permit and licensing
procedures.

All jurisdiction examples reviewed require a STR permit that is enforceable and revocable. The City can require STR Permits on an annual basis or can require less
frequent renewal after issuance (i.e., every two years or three years). Some jurisdictions limit permit issuance to the property owner (11 of 17) and/or specify that the
permit is non-transferable (12 of 17). It is recommended that the permit be approved at the staff level and provide for an appeals process if the permit/license or renewal is denied, suspended, or revoked where appeals would be
heard by an Administrative Hearing Officer.

Currently, a business license is required of any person conducting business in the City of Del Mar. Most
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jurisdictions require a business license for STRs (9 of 17).

By comparison, some jurisdictions consider the STR
Permit to be equivalent to an issued business license.

Some jurisdictions require the owner maintain insurance (8 of 17); maintain records of STR operations (10 of 17); identify the permit/license number on advertisements (13 of 17); or prohibit on-site advertisements identifying the property as an STR (5 of 17).

Staff recommendation:

Require property owners to obtain a STR Permit with an
annual renewal requirement; maintain at least $1 million in property insurance; maintain and provide records of
STR operations for audit and inspection purposes;
identify the permit/license number on STR
advertisements; and that the STR Permit be revocable.

3. Designated Point of
Contact for Timely
Response to Complaints
Identify desired details for STR operators to
designate a 24-hour point of contact who will be
responsible for timely response to complaints and
make this information available.

All jurisdictions except Carmel by the Sea expressly
require a 24-hour point of contact for the STR. The City can require the designated contact information to be
shared in a mailed notice to adjacent property owners
upon permit issuance, posted on-site, and/or on the City web page to facilitate timely response to complaints and enforcement of the regulations. Some of the jurisdictions surveyed require the designated contact information be
provided to STR neighbors via mailed notice (8 of 17).

Staff recommendation:

Require on-site posting of contact information and mailed notice with STR contact information to property
owners/occupants in proximity to the STR. As identified below under #9, staff recommends the City also
implement a licensing software system to facilitate STR permitting, monitoring, and enforcement that would
include a City hotline, mapping of STR permit locations, and STR contact information in an online resource.
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4. Overall STR Cap to
Preserve Housing Stock
Identify whether an overall cap on STRs is desired as
a means to preserve existing housing stock in
accordance with Housing Element Program 5C.

The City can set an overall cap on the total number of
STRs in the City (typically expressed as the maximum
percentage of total dwelling units) or set caps on the
different subtypes of STRs (i.e., Primary Residence,
Secondary Residence, and Full-Time STRs). Citywide
caps were adopted by the cities of San Diego (1%), Dana Point (max. 115 permits non-hosted), Trinidad (15%,
max. 32 FT STRs), Carmel by the Sea (in multi-unit zones max. one STR per every 3 affordable dwelling units
created), Laguna Beach (20%, max. 300 non-hosted),
and Carpinteria (max. 218 non-hosted).

The CCC factors the number of existing STRs and hotel
rooms available in the area in their reviews of LCPAs.
• City has 2,574 dwelling units (per 2020 Census)
• There are approximately 148 existing STRs (5.7%
of total dwelling units) based on data to-date. By
comparison, Solana Beach (a larger neighboring
coastal jurisdiction) estimates their ratio of STRs is
5% of total dwelling units.
• There are 400 hotel guest rooms/units in Del Mar
and more than 1,979 additional guest rooms/units
in proximity including 13 hotels within 5 miles of
Del Mar in the cities of San Diego and Solana
Beach and the County of San Diego for a total of
2,379 guest rooms in the area. By comparison,
Solana Beach has 294 hotel rooms/units.

Staff recommendation:

Continue to collect information on the number of existing STRs in residential zones, set a maximum cap at 5% of
total dwelling units, and accommodate existing STRs
above the cap as needed.

5. Limits on
Concentration by
Identify whether limits on STR concentration by
neighborhood are desired.
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Neighborhood (i.e.,
Beach, Bluff, Hills)
The City can set limits on concentration by neighborhood for STR use and can differentiate the rules based on the subtypes of STRs (i.e., Primary Residence, Secondary
Residence, and Full-Time STRs) or limit STRs at the
zoning district level through caps and separation distance requirements. This approach would require identification of the number and location of existing dwelling units in a specified area to facilitate calculation of the ratio between STRs and total dwelling units in that area; and the
distance between each STR. This is a more staff
intensive implementation approach that would require
regular monitoring and updates to reflect changes in the number of dwelling units and locations of STRs over time, which could conflict with the guiding principle to craft regulations that are easy to understand and implement.

Concentration limits were adopted by the cities of San
Diego, Dana Point, Carpinteria, San Clemente, and Palm
Springs. These jurisdictions and others that regulate by concentration are generally geographically larger than
Del Mar where it is more feasible to regulate
concentration by zoning district and allocate staff
resources towards implementation and enforcement.

Staff recommendation:

Limit the total number of STRs on a Citywide basis.

6. Limits on Duration and
Use of STR (i.e., Length
of Stay per STR Booking,
Prohibitions on Special
Events, Limits on
Daytime Guests, and
Minimum Age to Rent)
Identify whether a limit on minimum length of stay per
STR booking is desired (i.e., 2-night minimum).

The City can set limits on the length of stay per STR
booking to minimize the potential for STRs to be used by groups of people for one-night special events in conflict with the intent. Many cities were approved by the CCC to require minimum 2-night stays including San Diego, Dana Point, Newport Beach, Trinidad, and Oceanside. Solana
Beach (2012) requires a minimum 7 day stay.

Staff recommendation:

Require a two-night minimum length of stay per booking. 8 October 2, 2023 Item 14
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The City can also set a maximum limit on duration of use.

For example, Palm Springs limits STR operators to a
maximum of 26 rental contracts per year; and Half Moon
Bay limits STR use to 100 days per year in residential
zones. Staff recommends deferring the discussion on
maximum length of stay requirements to a future date
when additional data on existing STRs will be available.

Identify whether to expressly prohibit Special Events,
Limit Daytime Guests, and Set Minimum Age to Rent
Some jurisdictions explicitly prohibit special events in STRs (8 of 17), specify a minimum age to rent the STR
(3 of 17), and/or limit the number of daytime guests and the hours allowable for daytime guests (6 of 17).

Staff recommendation:

Specify the minimum age for rental is 25 years of age and expressly state that hosting of special events in an STR is prohibited.

7. Good Neighbor
Policies
Identify desirable good neighbor policies.

Nine of the 17 jurisdictions reviewed established good
neighbor policies.

Staff recommendation:

Identify good neighbor policies and establish a procedure for STR operators to share them with STR visitors.

8. Operational
Requirements
Identify desirable operational requirements.

The City can adopt operational requirements within the
ordinance or reflect these in the good neighbor policies.

Most jurisdictions address limits consistent with existing noise and refuse and recycling ordinances. Some
jurisdictions limit the number of vehicles per STR rental (i.e., one per STR or number of on-site parking spaces).

Staff Recommendation: Require compliance with existing
legislation (i.e., noise, trash, occupancy) and utilize good 9 October 2, 2023 Item 14
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neighbor policies to identify best practices and
expectations.

9. Monitoring and
Enforcement
Identify desired approach for monitoring and
enforcement.

Staff recommendation:

At a future date, after drafting the Ordinance, that the City Council consider options to contract with a third-party consultant to facilitate implementation of the STR
regulations. The goal is to create a one-stop shop
customer interface to help streamline permitting,
compliance monitoring, and enforcement for STR
operators, the City, and the community, similar to
systems used by other jurisdictions. The intent is that the implementing software system would also include a City
hotline, mapping of STR permit locations, and
identification of STR contact information in an online
informational resource accessible to the public.

10. Collection of TOT Identify desired approach to facilitate collection of Transient Occupancy Taxes (TOT) from STRs to
ensure regulation of short-term rentals is, at a
minimum, revenue neutral to the City.

Staff recommendation:

Once a draft approach is decided by the City Council, it is recommended that the City Council at a future date
consider options to facilitate collection of TOT as a means for cost recovery to facilitate permitting, monitoring, and enforcement of STRs.

Correspondence
Two public comment letters were received from STR operators since the September 5, 2023, City Council meeting and prior to publication of this report (Attachment D). One is from an STR operator who expressed opposition to STR permits, limits on intensity of use, and collection of TOT. The second letter is from an owner who relies on STR use to maintain a second home in Del Mar who is seeking “common sense legislation” such as permits, contact requirements, and compliance with occupancy and noise ordinances. 10 October 2, 2023 Item 14
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Next Steps
Below is an outline of the approach and planned next steps identified by the City Council:
• Prepare draft framework for Ordinance consistent with the guiding principles. • Prepare environmental analysis of the draft Ordinance and consider alternatives. • Conduct public outreach including to local hotels/motels and other stakeholders. • Obtain Council direction on process to require Transient Occupancy Tax (TOT). • Hold noticed public hearing of the Planning Commission to review the draft Ordinance and provide a recommendation to the City Council. • Hold noticed City Council public hearings to introduce and adopt an ordinance. • Submit the adopted Ordinance to the CCC for certification.

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, which commits the City to implement measures to reduce current vacancy rates in units of off-site property owners that report the units as unoccupied and having no long-term housing tenant. The intent is to protect the residential character of neighborhoods in residential zones by 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 – Matrix of Surveyed California Jurisdiction Regulations Attachment B – STR Background Summary
Attachment C – Supplemental Data Analysis through June 2023 Attachment D – Correspondence
11 October 2, 2023 Item 14

COMPARISON OF SHORT-TERM RENTAL REGULATIONS IN CALIFORNIA {Client Files/4630/1/ORD/S0737663.DOCX} Page 1 Half Moon Bay San Diego Dana Point Trinidad Newport Beach
Carmel by
the Sea
Laguna Beach
Oceanside
Pismo Beach
Santa Cruz
Carpinteria
Solana Beach
Carlsbad
San Clemente
Avalon
Encinitas
Palm Springs
General Characteristics
CCC
Approval Date 2023 2022 2022 2022 2021 2020 2020 2019 2018 2018 2016 2012 -- -- -- -- N/A Approx.

Population 11k 1.4m 33k 309 85k 4k 23k 173k 8k 62k 13k 13k 115k 64k 4k 62k 45k 100% within
Coastal Zone ● ● ● ● ●
Located in
SD County ● ● ● ● ●
# of Hotel
Rooms 600 64k 1,900 1,000 1,300 294 5,300
Permit / License
Notify
Neighbors ● ● ● ● ● ● ● ●
Issued Only to
Prop. Owner ● ● ● ● ● ● ● ● ● ● ●
Consent from
HOA ● ● ● ●
Pre-Permit
Inspection ● ● ● ● ● ● ● ● ●
Bus. License
Required ● ● ● ● ● ● ● ● ●
STR Permit
Required ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ●
Attachment A
12 October 2, 2023 Item 14

COMPARISON OF SHORT-TERM RENTAL REGULATIONS IN CALIFORNIA {Client Files/4630/1/ORD/S0737663.DOCX} Page 2 Half Moon Bay San Diego Dana Point Trinidad Newport Beach
Carmel by
the Sea
Laguna Beach
Oceanside
Pismo Beach
Santa Cruz
Carpinteria
Solana Beach
Carlsbad
San Clemente
Avalon
Encinitas
Palm Springs
Permit / License
(Continued)
Permit Duration 1 yr 2 yrs 1 yr 1 yr 1 yr 1 yr 3 yrs 1 yr 1 yr 1 yr 1 yr 1 yr 1 yr 1 yr 1 yr 1 yr 1 yr NonTransferable ● ● ● ● ● ● ● ● ● ● ● ●
Accommodate
Existing STRs ● ● ● ● ● ● ● ● ● ●
Intensity of Use
Citywide Cap ● ● ● ● ● ●
Concentration ● ● ● ● ●
Distance Buffer ● ●
Min. # of
Nights ● ● ● ● ● ● ● ●
Max.

Duration ● ● ● ●
Occupancy
Limits ● ● ● ● ● ● ● ● ● ● ● ● ●
Max. # of
STR Permits ● ● ● ● ● ● ●
Max. # of
STRs per APN ● ● ● ● ● ●
13 October 2, 2023 Item 14

COMPARISON OF SHORT-TERM RENTAL REGULATIONS IN CALIFORNIA {Client Files/4630/1/ORD/S0737663.DOCX} Page 3 Half Moon Bay San Diego Dana Point Trinidad Newport Beach
Carmel by
the Sea
Laguna Beach
Oceanside
Pismo Beach
Santa Cruz
Carpinteria
Solana Beach
Carlsbad
San Clemente
Avalon
Encinitas
Palm Springs
Use Types &
Location Restrictions
STR as Primary
Residence
(in Res. Zone)
● ●
Prohibited in
Residential Zone ● ●
Other
Restrictions
(See Pg. 5)
● ● ● ● ● ● ●
Operational
Requirements
Parking
Limits ● ● ● ● ● ● ● ● ● ● ● ● ●
Noise ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ●
Trash ● ● ● ● ● ● ● ● ● ● ● ● ● ● ●
24/7 Contact ● ● ● ● ● ● ● ● ● ● ● ● ● ● ●
Insurance ● ● ● ● ● ● ● ●
Indemnify City ● ● ●
Minimum
Rental Age ● ● ●
Daytime Guest
Limits ● ● ● ● ● ●
14 October 2, 2023 Item 14

COMPARISON OF SHORT-TERM RENTAL REGULATIONS IN CALIFORNIA {Client Files/4630/1/ORD/S0737663.DOCX} Page 4 Half Moon Bay San Diego Dana Point Trinidad Newport Beach
Carmel by
the Sea
Laguna Beach
Oceanside
Pismo Beach
Santa Cruz
Carpinteria
Solana Beach
Carlsbad
San Clemente
Avalon
Encinitas
Palm Springs
Operational
Requirements (Continue
d)
Comply w/ Fire/
Building Codes ● ● ● ● ● ● ● ● ● ●
Allow City
Inspections ● ● ● ● ● ● ● ● ● ● ● ● ●
No Special
Events ● ● ● ● ● ● ● ●
Advertising
(City Permit #) ● ● ● ● ● ● ● ● ● ● ● ● ●
No Onsite
Advertising ● ● ● ● ● ●
Good Neighbor
Policy ● ● ● ● ● ● ● ● ●
Signage Posted
(Interior) ● ● ● ● ● ● ● ● ●
Signage Posted
(Exterior) ● ● ● ● ● ● ● ●
Keep / Provide
Records ● ● ● ● ● ● ● ● ● ● ●
Transient
Occupancy Tax ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ●
Enforcement
(Revocation) ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ●
15 October 2, 2023 Item 14

COMPARISON OF SHORT-TERM RENTAL REGULATIONS IN CALIFORNIA {Client Files/4630/1/ORD/S0737663.DOCX} Page 5
Other Use Types & Location Restrictions
Half Moon Bay
• STR must be primary residence (Exemption: STRs in commercial zones & existing STRs since Oct 2022, if TOT paid and not multi-family) • Limits STRs to 1 in duplexes/triplexes, and only if 1 unit is a primary residence • Limits STRs to 1 in mixed-use zones
• Prohibits STRs in mobile homes, RVs, multi-family units, affordable housing, farmworker housing, ADUs, open space and urban ag zones, smaller residential lots
Newport Beach
• STRs limited to residential zones
Oceanside
• Prohibit STRs in mobile home parks (preserve for affordable housing) • No new ADUs or primary unit may be rented as STR
Santa Cruz
• Prohibits new, Non-Hosted STRs
• Permits Hosted STRs (up to 250 permits)
• Prohibits STRs in ADUs unless an exception applies
Carpinteria
• Non-Hosted STRs limited to Vacation Rental Overlay Zone Carlsbad
• STRs limited to Coastal Zone & La Costa Resort & Spal Master Plan area San Clemente
• Prohibits STRs in affordable housing
16 October 2, 2023 Item 14
Attachment B
1 Background Summary and Policy Context
Prior Actions to Accommodate Existing Short Term Rentals (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 to operate 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 became effective 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 CCC 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 on December 13, 2019.

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) 17 October 2, 2023 Item 14
Attachment B
2 Feb 3, 2020 Approved one-year extension to February 2021 (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) 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. However, some STR operators offer rentals of a portion of the dwelling unit and/or as multiple STR rental options within a single dwelling unit.

General Description of Coastal Act
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.

Local 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. 18 October 2, 2023 Item 14
Attachment B
3 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.

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.

City of Del Mar Community Plan - Housing Element (6th Cycle 2021-2029) The Del Mar Housing Element identifies the following goals, policies, and programs:
 Provide new types of housing opportunities and housing capacity for a greater range of income levels by pursuing development at the State Fairgrounds, promoting accessory dwelling units, and incorporating multiple dwelling unit development in various commercial zones;
 Remove governmental constraints to create new opportunities for affordable housing through modified regulations, incentives, and streamlining of processes;  Establish a regulatory framework that supports the maintenance and improvement of existing housing, including the preservation of affordable housing;  Provide equal opportunities and access to housing options within the community for residents of all abilities consistent with the City’s overall housing policy goal to “Inspire a more diverse, sustainable, and balanced community through implementation of strategies and programs that will result in economically and socially diversified housing choices that preserve and enhance the special character of Del Mar.”;
19 October 2, 2023 Item 14
Attachment B
4  Provide affordable housing assistance resources and information to residents, property owners, and individuals seeking to remain living in the community or to relocate to Del Mar; and
 Identify the challenges faced by special needs groups working and/or living in the community and taking actionable steps towards assisting those groups consistent with the City’s housing goals.

Housing Element Program 5C commits the City to implement measures to reduce current vacancy rates in units off-site property owners that report the units as unoccupied and having no long term housing tenant.

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.

Regulatory Context – Zoning Code/Certified Local Coastal Program (LCP) Title 30 of the Del Mar Municipal Code (DMMC) sets forth the City’s Zoning regulations.

The DMMC Title 30 regulations and associated maps applicable to base zones, overlay zones, permitted/allowed uses, required discretionary 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 Residential-Commercial (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, including R1-40, R1-14, R1-10, R1-0B, R1-5, R1-5B, RM-east, RM-West, RM-Central, RM-South, and R2 zones.
20 October 2, 2023 Item 14
Attachment C
Supplemental Data Analysis
Following is a summary of the data presented to the City Council on July 10, 2023, for January 1 – April 30, 2023, compared to supplemental data collected through June 30.

January 1 - April 30, 2023 January 1 - June 30, 2023
Total STRs Advertised 107 125
Ratio of STRs to Units
2,574 units per 2020 Census

4.2% (107 units) not including
Wavecrest/L’Auberge units

4.9% (125 units) not including
Wavecrest/L’Auberge units
Ownership 36 primary residences
71 with offsite owners
40 primary residences
85 with offsite owners
Average Length of Stay 3.7 days 5 days
Average Rental Rate per
Night
$630 $625
Average Occupancy 62% 82%
Bedrooms per Unit N/A Ranged from studio to 7-
bedroom units
Occupancy per Unit N/A Ranged from 2 to 14 visitors
maximum
Parking “Amenities” N/A Most say “free parking”; some
identify “on-street parking”
Locations of Advertised STRs
Jan-April 2023 Jan-June 2023
RM-West Zone 37 (+2) 39
R2 Zone 20 (+4) 24
RM-East Zone 18 (+5) 23
R1-10 Zone 15 (+3) 18
R1-5B Zone 8 (+1) 9
RM-South Zone 7 (+3) 10
CVPP Zone 1 1
BC (R2) Zone 1 1
SUBTOTAL 107 125
Wavecrest Resort 3 (+3) 6
L’Auberge Villas 6 (+1) 7
TOTAL 116 138
21 October 2, 2023 Item 14
1 Melinda Gould
From: Cherie Harris <[email protected]>
Sent: Tuesday, September 19, 2023 2:48 PM
To: City Clerk Mail Box
Subject: Short Term rentals
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

I am a homeowner in Del Mar Beach Colony. Why is Del Mar special?? Because it does not over regulate!!!
I short term rent one of our properties though a local rental company. -This provides jobs and income to the community.
-It provides access for others to enjoy the beauty of Del Mar Beach. -It brings income to the local restaurants and stores.

I oppose your legislation to regulate short term rentals and oppose:
 Registration/Licensing/Permits
 Intensity of Use (overall cap and/or limits on concentration by area)  Transient Occupancy Tax
It is a very quiet community and stories of wild parties in rental properties is greatly exaggerated. Walk through Beach Colony in the summer or any other night after 8pm and you will not hear a sound!!
Cherie Harris
626-375-3681

ATTACHMENT D
22 October 2, 2023 Item 14
1 Melinda Gould
From: [email protected]
Sent: Friday, September 15, 2023 7:06 AM
To: City Clerk Mail Box; Tracy Martinez; Dan Quirk; David Druker; Terry Gaasterland; Dwight Worden; City Manager Mail Box; Leslie Devaney
Subject: STR
Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

We own our home in Del Mar and raised our children in this home. We had to move away for an unknown period of time to take care of our elderly parents. Our lifelong plans are to retire and live out the rest of our lives in this home. We would not be able to keep this home if it wasn't for Short-term rentals providing us income to pay for expenses. This allows us to come back and stay in our home throughout the year, and create income during the times we are not there.

Please do not limit the ability to allow short-term rentals to residents.

Common sense legislation such as permits (not limited), noise ordinances, occupancy limitations, contact requirements, etc.

Thank you.

Mike Khoury
760-668-0881
23 October 2, 2023 Item 14
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: October 2, 2023
SUBJECT: City Council Consideration of Follow Up Actions Pursuant to the Agreement for Withdrawal of the Referendum Against City Ordinance 973 Relating to Allowable Land Use and Development in the North Commercial Zone Including Short Term Rentals and Condominium Conversions REQUESTED ACTION/RECOMMENDATION:

It is requested that the City Council consider two follow up actions pursuant to the Agreement executed between the City of Del Mar and Del Mar Hillside Community Group for withdrawal of the Referendum (Attachment A) against the adopted North Commercial Zone Housing Element-Related Ordinance 973 as follows:
• Consider whether to prohibit Condominium Conversions of market rate units developed pursuant to “by-right” development in the North Commercial Zone (NC Zone) as part of the Housing Element Program 4E (Condominium Conversions) code amendments that will be clarified in conjunction with the Inclusionary Housing ordinance currently in process via Housing Element Program 4D; and • Consider whether to prohibit Short Term Rentals (STRs) in any “by-right” development project in the NC Zone as part of implementation of the special project currently in process to establish new citywide STR regulations and implement Housing Element Program 5C.

Staff recommends that the City Council defer any decisions on limits for Condominium Conversions and STRs in the NC Zone to coincide with the citywide policy discussions and decisions that are forthcoming related to those respective special projects in process.

BACKGROUND:

Ordinance 973 was adopted by the City Council on October 19, 2020, to implement the City’s 5th Cycle Housing Element applicable to the planning period years 2013-2021. The 1 October 2, 2023 Item 15
City Council Agenda Report
Follow Up Actions Pursuant to Referendum Withdrawal Settlement Agreement October 2, 2023

primary purpose of the Ordinance was to establish an allowance for multiple dwelling unit residential use at a density up to 20 dwelling units per acre. Ordinance 973 was necessary to implement the City’s Housing Element (Program 2E) and bring the City into compliance with the minimum density requirements required by State Housing law for the purpose of creating new opportunity sites for affordable housing. Ordinance 973 involved processing of amendments to the Del Mar Zoning Code and certified Local Coastal Program (LCP) to modify applicable policies, zoning designations, and mapping. Implementation of Ordinance 973 and the Housing Element also required processing of a separate Resolution to amend applicable policies, land use designations, and mapping in the Del Mar Community Plan (General Plan) to establish consistency with applicable zoning in the Del Mar Municipal Code and certified LCP. For consistency with applicable policies and regulations applicable to the North Commercial Zone, Ordinance 973 also clarified that STRs are an allowed land use in the NC Zone.

It should be noted that a similar ordinance (Ordinance 971) was adopted by the City Council on September 21, 2020, to implement 5th Cycle Housing Element Program 2F in order to amend the Professional Commercial Zone (PC Zone) for the same purpose of allowing housing up to 20 dwelling units per acre for Housing Element implementation and compliance with State law. The PC Zone Ordinance also clarified that STR use is an allowed use in commercial zones, including the NC and PC Zones. The City Council adopted the associated General Plan Amendment for Program 2F (Professional Commercial land use designation) via Resolution 2020-48 on September 8, 2020, and deferred its decision on the General Plan Amendment for the NC Zone Program 2E. The respective Local Coastal Program Amendments/Ordinances for the NC Zone and PC Zone were submitted to the Coastal Commission on November 6, 2020, for certification.

On November 18, 2020, a referendum was filed with the City by Arnold Wiesel (Proponent), entitled “Referendum Against an Ordinance Passed by the City of Del Mar City Council – Ordinance No. 973” (Referendum). The PC Zone Ordinance 971 was not included in the Referendum and remained in process with the Coastal Commission for certification review as required to become effective.

On January 11, 2021, the City Council took the following actions related to the Referendum filed against the adopted NC Zone Ordinance 973:
• Accepted the Certificate of Sufficiency issued by the City Clerk regarding a referendum filed with the City by resident, and registered voter, Arnold Wiesel (Proponent) on November 18, 2020, entitled “Referendum Against an Ordinance Passed by the City of Del Mar City Council – Ordinance No. 973” (Referendum), which sought to repeal Ordinance 973 as adopted by the City Council on October 19, 2020, to implement the City’s 5th Cycle Housing Element Program 2E North Commercial Zone Zoning Amendment and Local Coastal Program Amendment as required per State Housing law;
2 October 2, 2023 Item 15
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Follow Up Actions Pursuant to Referendum Withdrawal Settlement Agreement October 2, 2023

• Considered whether to repeal Ordinance 973 or submit the Referendum to the Del Mar electorate for consideration as part of a special or regular election; and • Authorized Mayor Gaasterland and Councilmember Druker to reach out to the Referendum Proponent to see if an agreement could be reached to withdraw the Referendum.

On March 15, 2021, the City Council considered a list of requests for Council actions and commitments from the Proponent that were later incorporated into the final Agreement.

The City Council also took action to adopt the NC Zone General Plan Amendment via Resolution 2021-12, which amended the North Commercial land use designation to identify specific parcels in the NC zone where multiple dwelling unit residential use is allowed and parcels where multiple dwelling unit use is prohibited as shown on the map of the NC Zone in Attachment B. Settlement of the referendum withdrawal agreement and adoption of the General Plan Amendment for the NC Zone by April 15, 2021, were both necessary actions at the time to implement the 5
th Cycle Housing Element and bring the
City into compliance with State Housing law.

On September 28, 2021, the final Referendum Withdrawal Settlement Agreement was executed, which included requests for the City Council to consider limits on condominium conversions and short-term rentals (STRs) in the NC Zone that were incorporated into the final settlement agreement and are the subject of this item. The City has already separately addressed other items in the settlement agreement.

In March 2022, the Del Mar City Council adopted Ordinance 987, which amended Ordinance 973 to incorporate modifications required by the Coastal Commission as a condition of final certification approval. In May 2022, the Coastal Commission granted final certification of the LCP amendments applicable to the NC Zone and PC Zone, which is when the respective NC and PC Zoning Ordinances/LCPAs took effect.

DISCUSSION/ANALYSIS:

The requested action relates specifically to the Agreement commitment that the City Council consider whether to process limitations on condominium conversions and shortterm rentals (STRs) in the NC Zone.

Should the City proceed with processing new limitations on Condominium Conversions in projects developed “by-right” in the NC Zone? Pursuant to Section 3.4 of the Referendum Withdrawal Settlement Agreement (Condominium Conversions), the City agreed to explore the legality of amending its condominium conversion ordinances to restrict condominium conversion of market rate units that were developed pursuant to “by-right” development; and “within two years of execution of this Agreement, to hold a public hearing to consider whether to restrict condominium conversion by amendment to its ordinances and to address the potential 3 October 2, 2023 Item 15
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Follow Up Actions Pursuant to Referendum Withdrawal Settlement Agreement October 2, 2023

amendment’s CEQA and Coastal Act compliance, Consultant retention, Citywide application, community workshops and related public noticing processes.” There is only one project location at this point in time where the requested limitation being contemplated could apply; and that development permit was already approved by the City. The permit is currently in process of Coastal Commission action as part of the appeals process provided by the Coastal Act. The project includes 50 units total, including 10 deed-restricted lower income affordable units that could not be converted to market rate condominiums. Currently, there are no additional sites where the requested prohibition would apply during the Housing Element planning period through April 2029.

California Government Code Sections 65583.2(h) and (i), identifies that “by-right” development of multi-family dwelling units is not subject to discretionary or CEQA review.

Currently, if a condo conversion of market rate rental units developed pursuant to these by-right provisions is proposed in a future application, that application would be subject to discretionary approval for conversion of the rental units to condominiums; and any affordable rental units within such a project would be subject to an affordability covenant restricting the units to affordable rental units for at least 55 years because the City’s existing condominium conversion regulations would preclude affordable units subject to such covenants from being converted to market rate condominiums. The existing regulations are consistent with the City’s policy objectives in the Del Mar Community Plan and Housing Element to protect affordable housing and prevent a loss of existing housing stock. While the City’s existing older rental housing developments provide some naturally occurring affordable housing options that are intended to be preserved, by comparison the new market rate rental units that are developed through a “by-right” process, per the focus of the Referendum Agreement, are anticipated to be units for above moderate households that demand a higher rent than the existing older rental housing stock.

Staff recommends that the City Council defer any decisions on limits for condominium conversions in the NC Zone to coincide with the citywide housing-related policy discussions and decisions that are forthcoming. City staff anticipates having public drafts available for review and processing via the Planning Commission and City Council in early 2024. As part of this effort the City will be clarifying the existing condominium conversion regulations as part of Housing Element Program 4E (Condominium Conversions), which is being processed together with amendments to the City’s Inclusionary Housing ordinance (Housing Element Program 4D) because the two regulation types are currently comingled in the same code section in Del Mar Municipal Code Chapter 24.40 (Conversion of Residential Property). A prohibition on condo conversions is generally not recommended. Owners have expressed that they want the flexibility to sell condos to help offset the cost of providing rent-restricted units. As such, the requested narrow prohibition in the NC Zone that would be applicable to one affordable housing project could be viewed as a governmental-imposed impediment to affordable housing production that is counter to the goals and objectives of the adopted Housing Element. 4 October 2, 2023 Item 15
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Follow Up Actions Pursuant to Referendum Withdrawal Settlement Agreement October 2, 2023

Should the City proceed with processing new limitations on STRs in “by-right” development in the NC Zone?
Pursuant to Section 3.5 of the Referendum Withdrawal Settlement Agreement (Regulation of Short Term Rentals), the City agreed “within two years of execution of this Agreement, the City will hold a public hearing to consider whether to prohibit short term rentals in any “by-right” development within the North Commercial Zone as part of its citywide short term rental regulations.”
A prohibition on STRs in the NC Zone is not recommended as STR use is a commercial use that is currently an allowed use in the NC Zone and other commercial zones. The change requested by the Referendum to prohibit STRs in the NC zone is inconsistent with the existing citywide approach to regulation of STRs and could result in an impediment to the creation of affordable housing units since the prohibition would apply only to projects that include deed-restricted affordable housing units. Owners citywide have expressed they want the flexibility for STR use of a portion of their market rate units in multiple dwelling unit development to help offset the cost of providing rent-restricted units. As identified above, there is only one project location at this point in time where the requested limitation being contemplated could apply; and that affordable housing development permit was already approved by the City. The lower income units within the project will be limited to use by the income-qualified tenants and could not be used as STRs. As such, the requested prohibition on STRs specific to the affordable housing project could be viewed as a new governmental-imposed constraint that is counter the goals and objectives of the adopted Housing Element.

It is recommended that the City Council wait to determine how STRs will be allowed in multiple dwelling unit projects, including any “by-right” development projects, in conjunction with the policy and regulation discussions currently in process related to the City’s special project to establish new citywide STR regulations. Pending City Council direction as part of a separate item on October 2, 2023, City staff anticipates having a public draft of the STR regulations available for review and processing via the Planning Commission and City Council in early 2024. These efforts will also include measures per Housing Element Program 5C to reduce current vacancy rates and protect the character of neighborhoods in residential zones through creation of new opportunities for STRs in commercial zones and maintaining the use of most dwelling units in residential zones for long term housing.

HOUSING IMPACT:

This item relates to Housing Element implementation and compliance with State Housing law. Ordinance 973 was adopted by the City Council on October 19, 2020, to implement the City’s 5th Cycle Housing Element applicable to the planning period years 2013-2021.

The 2021 Referendum Settlement Agreement provided the City with a means to establish compliance with State Housing law. Implementation of new limitations on Condominium Conversions and STRs applicable to proposed housing development in one commercial 5 October 2, 2023 Item 15
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zone (NC Zone), as requested by the Referendum Proponents, could result in creation of new impediments to the creation of affordable housing units counter to the intent of the City’s certified Housing Element.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute an “approval” or a “project” under the definitions set forth in California Environmental Quality Act (CEQA) Guidelines Sections 15352 and 15378 because no direct or indirect changes to the physical environment would occur. CEQA requires that the City adequately assess the environmental impacts of projects (as defined in Public Resources Code Section 21065) and reasonably foreseeable activities that may result from projects prior to the approval of the same. 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. The current City Council action in no way limits the exercise of the City or the City Council’s sole and absolute discretion. Therefore, no further CEQA review is required.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This item relates to multiple items on the City Council Goal & Priorities List for Fiscal Year 2023-24 including Housing Element implementation and the special project to create new citywide short-term rental regulations.

ATTACHMENT
Attachment A – Referendum Withdrawal Agreement
Attachment B – Map of NC Zone
6 October 2, 2023 Item 15
1 AGREEMENT BETWEEN THE CITY OF DEL MAR AND THE DEL MAR HILLSIDE

COMMUNITY GROUP FOR WITHDRAW OF REFERENDUM AGAINST CITY OF DEL MAR CITY COUNCIL ORDINANCE 973

PARTIES
The Parties to this Agreement are the City of Del Mar (“City”), a lawfully organized and Chartered City in accordance with the laws of the State of California, and The Del Mar Hillside Community Group (“Association”), an unincorporated association formed by local Del Mar City residents concerned about environmental quality and the quality of life in and around the Del Mar area.

RECITALS

1.1 WHEREAS, the City, pursuant to California Government Code section 65863 is required to create and maintain a capacity of adequate sites that can accommodate its regional share of housing including affordable housing for lower income household; and

1.2 WHEREAS, the City’s 5th Cycle Housing Element (2013-2021, ending April 15, 2021) requires the City to allow density up to 20 dwelling units per acre in the City’s North Commercial and Professional Commercial zones; and

1.3 WHEREAS, on October 19, 2021, in order to meet the City’s housing obligations pursuant to Government Code 65863 and satisfy its obligation under the 5th Cycle Housing Element, the City adopted Ordinance 973; and

1.4 WHEREAS, Ordinance 973 would allow for residential development at up to 20 units per acre within the North Commercial zone Commercial zoned properties; and

1.5 WHEREAS, on November 18, 2020, the Association filed a referendum to repeal Ordinance 973 (Referendum). On January 11, 2021, the Referendum was certified as having sufficient signatures to place the Referendum on the local ballot; and

1.6 WHEREAS, the Referendum is known as “Referendum Against an Ordinance Passed by the City of Del Mar City Council - Ordinance 973;” and

1.7 WHEREAS, the City faces additional penalties by the State Department of Housing and Development if the City does not timely implement its housing elements and if the Referendum should pass it would jeopardize the City’s ability to timely meet the State’s mandates; and

1.8 WHEREAS, the Association is willing to withdraw its Referendum if the City is willing to take the actions set forth in this Agreement.

Attachment A
7 October 2, 2023 Item 15
2 NOW THEREFORE, the Parties resolve to work together to achieve the following obligations:

AGREEMENT

2.1 Each Party has provided valuable consideration in exchange for the promises made herein. The City hereby agrees to take the actions set forth in this Agreement in return for the Association’s agreement to withdraw the Referendum. The Association agrees to withdraw the Referendum (consistent with the Ca. Election Code, Div. 9. Chap. 3, Article 2, Section 9237.2) in return for the City fulfilling the obligations set forth in the Agreement. Both Parties agree that it is in the City’s best interest that decertification of the City’s Housing Element be avoided. Therefore, the Parties agree to the following.

CITY’S OBLIGATIONS

3.1 Objective Design Standards
The City on March 25, 2021, conducted a hearing and on April 5, 2021, adopted the Housing Element Implementation Overlay Zone (HEI-OZ) to implement 5th Cycle Program 2G before April 15, 2021, which includes objective design standards which will be applicable to By-Right development within any area designated for By-Right development pursuant to Housing Element programs subject to Government Code 65583.2(h) and (i). Within the North Commercial Zone, two of 16 parcels are effected by a required rezone program in the City’s 5 th Cycle Housing Element referred to as Program 2G. Specifically, Program 2G authorizes by right multiple dwelling unit residential development of 20-25 dwelling units per acre with an affordable component on two vacant parcels at intersection of Jimmy Durante Boulevard and San Dieguito Drive.

In addition, the City’s 6th Cycle Housing Element contains Program 6G which involves the development of objective design standards for multiple dwelling unit development which would be applicable to all by right multiple dwelling unit development citywide as required by Government Code 65583.2(h) and (i), State Density Bonus law, and/or Senate Bill SB35. .

The City hereby agrees to affirm inclusion of Program 6G in the adoption of its 6th Cycle Housing Element and agrees to identify this program as a priority program and allocate the necessary budget to facilitate development of the objective design standards. However, recognizing that if the HEI-OZ is adopted with objective design standards included, the City anticipates requiring a Local Coastal Program Amendment (LCPA) to modify the HEI-OZ as part of Program 6G implementation.

3.2 Building Height
The City hereby confirms that pursuant to the City’s existing development standards that building height is measured from existing or finished grade, whichever is lower, including projects constructed in the floodplain project areas.
8 October 2, 2023 Item 15
3 3.3 Discretionary Review Design Standards
The City agrees and confirms that its Design Review Ordinance (“DRO”) and existing zoning codes will be applied in all discretionary actions, unless otherwise pre-empted by State law, and include the following:

A. Rooftop equipment will be required to be within the 26-foot height limit.

B. Noise limits are included in the City’s Noise Ordinance. There are no restrictions which preclude rooftop machinery. However, such machinery are subject to review pursuant to the City’s DRO and screening of rooftop machinery is required by the City’s existing zoning standards.

C. All exterior lighting is subject to review pursuant to the City’s DRO and can be conditioned to be low intensity and downward directed.

D. The City’s parking code requires onsite parking for all development to be consistent with the City’s parking code.

E. Rooftop decks are currently not prohibited but are subject to review under the City’s DRO and are subject to the City’s height requirements.

3.4 Condo Conversion – By Right Development
Pursuant to Government Code section 65583.2(h) and (i) By-Right development of multifamily dwelling units is not subject to discretionary or CEQA review. Rental multi-family dwelling units developed pursuant to the By-Right provisions could be subject to future conversion to condominiums. The City agrees that these by-right conversions would be contrary to its affordable housing programs.

The City will ensure that all By-Right affordable rental units are not subject to conversion and will be subject to an affordability covenant restricting the units to affordable rental units for at least 55 years.

The City has existing ordinances which regulate condominium conversions citywide. The goal of the ordinance is to prevent the “loss of housing stock that might otherwise occur” as a result of condominium conversion. The City agrees that rental units are a form of affordable housing which should be preserved. Therefore, the City agrees to explore the legality of amending its condominium conversion ordinances to restrict condominium conversion of market rate units developed pursuant to “By-Right” development.

Specifically, the City agrees to:

A. Within two years of execution of this Agreement, the City will hold a public hearing to consider whether to restrict condominium conversion by amendment to its ordinances and to address the potential amendment’s CEQA and Coastal Act compliance, Consultant retention, Citywide application, community workshops and related public noticing processes. 9 October 2, 2023 Item 15
4 3.5 Regulation of Short Term Rentals
The City acknowledges that Short Term Rentals can reduce the City’s housing stock and impact the City’s ability to meet its housing obligations, including affordable housing units. The City’s current short term regulations were not accepted by the Coastal Commission and the City is considering development and adoption of short term rental regulations which would be acceptable to the Coastal Commission. Any prohibition on short term rentals citywide, including the North Commercial zone will be subject to approval of the Coastal Commission.

It is, however, important to note that the affordable housing units within By-Right developments are restricted by affordable housing covenants that preclude conversion from affordable to market rate or to short term rentals. The City hereby agrees that:

A. Within two years of execution of this Agreement, the City will hold a public hearing to consider whether to prohibit short term rentals in any by-right development within the North Commercial zone as part of its citywide short term rental regulations.

3.6. Wildfire Evacuation Plan
On April 19, 2021 the City Council directed staff to proceed with producing a Wildfire Evacuation Plan (“Plan”) for the North Commercial Zone/San Dieguito Drive area of the Del Mar community. Within three months of execution of this Agreement, the Del Mar Fire Department will host a community workshop to provide information to residents on wildfire preparedness and solicit public input on a wildfire evacuation plan for the North Commercial Zone/San Dieguito Drive area. Within nine months of execution of this Agreement, the City will develop a Plan and present it to the City Council to consider for adoption. The Plan will include the quantitative and qualitative elements necessary to ensure public safety, including ensuring adequate ingress and egress during emergencies.

It will be at least as comprehensive as the attached Olivenhain Fire District’s Wildfire Evacuation Plan (Attachment A), and may include additional information or may not include information not relevant to the City.

3.7. Delivery of Public Road Standards/ San Dieguito Drive Conversion Within six months following adoption of this Agreement, the City will work with property owners of the private section of San Dieguito Drive to determine to what degree the road is used for public purposes; to determine options for how to best address the below standard condition of the private road; and to consider the potential for future dedication of the road to the City for ongoing maintenance and improvement as a public road, including precise information on what road standard may need to be met. 10 October 2, 2023 Item 15
5 3.8. Traffic and Parking Control – David Way
David Way is a public street and gate installations on public streets are not likely to be approved within the Coastal Zone. The City will implement parking control measures in accordance with its current policies and procedures. Parking control measures may require a Coastal Development Permit and are subject to appeal by the California Coastal Commission. Such parking measures will require authorization from all property owners within the affected areas and review and approval by the City’s Fire Department and Public Works Department.

3.9. Confirm that the City Code Noise Standards Apply
The City confirms that any new project that has project features such as pools or other noise generating equipment will be required to comply with the City’s Noise Ordinance and its Design Review Standards, as applied.

ASSOCIATION’S OBLIGATIONS

4.1. Withdrawal of Referendum
The Association will withdraw the Referendum by no later than ten (10) business days after the Parties execute this Agreement.

GENERAL CONDITIONS

5.1. Reviewed by Counsel
This Agreement has been fully reviewed by the Parties hereto and their respective counsel. The Parties hereto expressly waive any common law or statutory rule of construction that ambiguities should be construed against the drafter of this Agreement.

5.2. This Agreement is a Settlement of All Claims
The Parties agree that this Agreement constitutes a settlement, compromise and full accord and satisfaction of disputed claims and shall not be treated as an admission of liability or fault by any Party, for any purpose. The Parties also agree and acknowledge that each of them deny any wrongdoing on their part or that of their agents, employees, elected officials or others associated with them, past and/or present, and specifically deny any and all of the allegations as set forth by Dispute.

5.3. Entire Agreement
The Parties further declare and represent that this Agreement contains the entire agreement between them and that the terms of this Agreement, including the RECITALS, are contractual and not a mere recital.
11 October 2, 2023 Item 15
6 5.4. Attorney Fees-Prevailing Party
Each Party will be entitled to recover from any other party any attorneys' fees and costs, including investigative costs, incurred to enforce its rights in the duties or obligations created within this Agreement, or incurred as a result of the failure of any Party to perform its obligations or duties as set forth in this Agreement. Without limiting the generality of the foregoing, if any litigation, arbitration, mediation, administrative action or other proceeding in a court of competent jurisdiction (“Proceeding”) is initiated by any Party against any other Party to enforce, interpret, or otherwise obtain judicial, quasijudicial, or administrative relief in connection with this Agreement, the prevailing Party(ies) in such Proceeding shall be entitled to recover from the unsuccessful Party(ies) all costs, expenses, and reasonable attorneys' fees relating to or arising out of (a) such Proceeding (whether or not such Proceeding proceeds to judgment), and (b) any postjudgment or post-award proceeding including, without limitation, one to enforce or collect any judgment or award resulting from any such Proceeding.

5.5. No Waiver from Breach of Agreement
No waiver by any Party of any breach of this Agreement by any other Party shall operate or be construed as a waiver of any other breach or any subsequent breach, whether material or otherwise. No waiver by any Party of any breach of this Agreement by any other Party shall be effective unless it is in writing and signed by the Party claimed to have waived such breach.

5.6. Written Amendments are Required
This Agreement may be amended only by a written instrument executed by all the Parties hereto.

5.7. Parties Warrant
The Parties, and each of them, represent and warrant that:

A. They have not heretofore assigned or transferred, or purported to assign or transfer, to any person or entity, any right or claim being hereby released, or any portion thereof, or any interest therein; and
B. They are the sole owner of the rights and claims which are alleged or constitute the claims being hereby released; and
C. They are executing this Agreement voluntarily, without undue influence or coercion by any person or entity, with a full understanding of the terms of this Agreement, and by advice of counsel.
12 October 2, 2023 Item 15
7 D. The representative signing this agreement on behalf of the Del Mar Hillside Association warrants that they are authorized to sign this Agreement on behalf of the Association.

5.8. Severability
Should any court, arbitrator, or tribunal of competent jurisdiction determine that any term or provision of this Agreement is unenforceable, such term or provision shall be deemed to be deleted as though it had never been a part of this Agreement, and the validity, legality, and enforceability of the remaining terms and provisions shall not be in any way affected or imperiled thereby.

5.9. Interpretation
This Agreement shall be construed in accordance with the laws of the State of California.

This Agreement shall not be construed against the Party preparing it but shall be construed as if all Parties jointly prepared this Agreement, and any uncertainty or ambiguity shall not be interpreted against any one Party.

5.10. Entirety
Except as expressly referenced in this Agreement, the Parties agree that this Agreement contains the entire agreement between them with respect to the matters addressed in this Agreement.

5.11. Required Actions of the Parties
The Parties shall promptly execute any and all instruments and documents and take all actions as may be reasonably required to effectuate this Agreement, or to complete and carry out its intent.

5.12. Counterparts
This Agreement may be executed in one or more counterparts and shall become effective as to each Party immediately following execution of the Agreement by that Party, provided neither Party may enforce this Agreement unless it has also agreed to be bound by it by executing and providing the executed Agreement to the other Party. This Agreement can also be signed through electronic signatures and shall be deemed valid as an original signature. In the event an executed original signature page signed by either Party is transmitted by facsimile, electronic mail or photocopied, a received facsimile transmission, electronic mail document or photocopy of the signature page together with a copy of the remaining pages of this Agreement shall constitute an “original” as that term is defined by California Evidence Code section 255, and shall be fully effective and binding as to the signatory.
13 October 2, 2023 Item 15
14 October 2, 2023 Item 15
For Official Use Only CITY OF ENCINITAS

FIRE DEPARTMENT

OLIVENHAIN EVACUATION PLAN
I. EVACUATION DATA
JURISDICTION: City of Encinitas
LOCATION: North-eastern portion of Encinitas; (SDCO Evacuation Map P.157).

Note: Throughout the text, the acronym SDCO Evac Map is used to denote reference to the San Diego County Evacuation Planning Map Book
Sheriff Evacuation Zones 5050-5023,4920-4923, 4820-4823, 4720- 4723
CONTACTS: WEEKDAYS AFTER-HOURS
City of Encinitas: Refer to Emergency Telephone Numbers List DECISION TO EVACUATE:

It is the responsibility of each affected jurisdiction within the San Diego County Operational Area (OA) to make the decision as to whether to issue an evacuation order for their residents in the event of a wildfire. The Incident Commander decides what neighborhoods to evacuate and the Sheriff’s Department carries out those orders.

ESTIMATED NUMBER OF PEOPLE THREATENED (“exposed population”):

Evening and Weekend Population: 5866
Daytime Population: 5240 (based on SANDAG estimate and 2000 census data)

ESTIMATED NUMBER OF PEOPLE THAT MAY REQUIRE TRANSPORTATION ASSISTANCE (Approximately 7% of exposed population; Refer to Homebound Vulnerable Residents List for specific addresses):
411 persons
ESTIMATED EVACUATION TIME: (based on exposed population of 5866, estimated roadway capacity of 1,000 v.p.h. and an average occupancy of 1.5 persons per vehicle):

Evening and Weekend: 3 hours, 55 minutes
Daytime: 3 hours, 42 minutes
15 October 2, 2023 Item 15

Olivenhain Wildfire Evacuation Plan 2 Rev. 12/6/2019
OTHER THREATENED AREAS IN THE HAZARD ZONE:

1. Highways and Thoroughfares OPEN/CLOSED FROM/TO

a. Rancho Santa Fe Road
b. Lone Jack Road
c. Fortuna Ranch Road
d. El Camino Del Norte
AFFECTED JURISDICTIONS:

1. City of Encinitas

2. City of Carlsbad

3. County of San Diego (Elfin Forest, Harmony Grove, and Rancho Santa Fe) AFFECTED AREAS:

Wildfire would result in widespread damage to the eastern portion of Encinitas (Olivenhain). The affected area would include structures east of Ranch Santa Fe Road, north of Encinitas Blvd. and south of Olivenhain Rd., as well as neighborhoods running on either side of Manchester Avenue including Mira Costa College.

WARNING ACTIVATION:

In the event of a wildfire, advise the Sheriff’s Department, Encinitas Fire Department, Public Works Department, and Encinitas EOC to begin evacuation of the affected areas. City of Encinitas will advise the San Diego County Sheriff’s Department to begin evacuations away from the hazard areas, including unique institutions as indicated on the following page.

Note: The facilities listed below comprise only a partial listing of institutions/agencies that may be impacted in the event of local wildfire. It is the responsibility of each jurisdiction to notify all residents, schools, hospitals, businesses and all other facilities/individuals within the affected areas of an evacuation order. The Public Safety Grid coordinates cited throughout this document are from the San Diego County Evacuation Planning Map Book.
16 October 2, 2023 Item 15

Olivenhain Wildfire Evacuation Plan 3 Rev. 12/6/2019

KEY FACILITIES AND UNIQUE INSTITUTIONS WITHIN THE HAZARD AREA:

City of Encinitas - NOTIFICATIONS TO BE MADE BY CITY OF ENCINITAS (refer to Emergency Telephone Numbers sheet for additional numbers):

1. Olivenhain Guest Home (medically fragile patients), 350 Cole Ranch Road, Encinitas, (760) 753-5082 or 760-717-3117 (24 hour)

2. Mira Costa College (San Elijo Campus) 3333 Manchester Avenue, Encinitas (760) 795-6640 (MCPD Dispatch)

3. Olivenhain Municipal Water District, 1966 Olivenhain Rd., Encinitas (760)753-0155

4. Pilot Management (management company for homeowners association near Double LL Ranch /Lone Jack gate) (760) 635-1405

5. 4-Points Management Agency (management company for Wildflower Estates homeowners association) (760) 632-8661

6. San Elijo Lagoon County Park and Ecological Reserve 2710 Manchester Avenue, Encinitas (858) 495-5162

7. Olivenhain Pioneer Elementary School (Encinitas Union School District) 8000 Calle Acervo, Carlsbad, 92009 (760) 944-2000 or 518-6890

8. Households identified on the Homebound or Vulnerable Residents List or Map

PUBLIC NOTIFICATION AND COMMUNICATIONS
Initial Notification
The initial public notification shall provide basic information including:
 Whether to evacuate or shelter-in-place
 Areas to be evacuated
 Why and when residents should evacuate
 The time required for evacuation efforts
 Designated evacuation routes
 What residents should take from their homes
 How pets will be accommodated
 Other information deemed appropriate
17 October 2, 2023 Item 15

Olivenhain Wildfire Evacuation Plan 4 Rev. 12/6/2019
Public Alert and Warning Methods
 AlertSanDiego Mass Notification system
https://www.blackboardconnect.com/login
Username:(All Chief Officers & Emergency Managers have their own user names)
Password: (Each user has own password)
 Sheriff’s Emergency Notification System – Wireless Emergency Alert (WEA)  Local Emergency Override System (for Cox cable)
(760) 305-8912, access code 482, brief tone then press #  Emergency Alert System (EAS) through County OES
o Television
o Radio
 Emergency vehicles equipped with public address (PA) systems, including lifeguard vehicles
 Sheriff’s ASTREA helicopter PA system
 Personnel equipped with bullhorns
 City website (activate static emergency page)
 City social media sites – Facebook, Twitter, Nextdoor  Door-to-door canvassing
o Emergency officials
o Volunteers (CERT, Senior Patrol)
 Programmable message signs (Public Works—2 total)
 2-1-1 information line

MODES OF TRANSPORTATION
The primary mode of transportation that will be used during jurisdictional evacuation efforts will be privately owned automobiles. The City and OA will use available resources, Memorandums of Understanding and Agreement (MOUs/MOAs) with public and private transportation agencies, and mutual aid to procure, coordinate, and provide adequate means of transportation for those people that do not own or have access to automobiles, have disabilities which limit their transportation options, or have other special needs.

TRAFFIC CONTROL POINTS:

No. Location SDCO
Evac.

Map
Responsible Agency

1. Double LL Ranch Rd. & Paseo Esmerado 4921 A-1 Sheriff or Fire Department (open
gate)

2. Dove Hollow Road & Lone Hill Lane 4922 A-1 Public Works (directional signage)

3. Lone Jack Road & Double LL Ranch Road 4921 C-1 Public Works (directional signage)
18 October 2, 2023 Item 15

Olivenhain Wildfire Evacuation Plan 5 Rev. 12/6/2019

4. Lone Jack Road & Fortuna Ranch Road 4921 C-2 Public Works (directional signage)

5. Cole Ranch Road @ Lone Jack Road 4820 C-2 Public Works (directional signage)

6. Cole Ranch Road @ El Camino Del Norte 4820 C-2 Public Works (directional signage)

7. Rancho Santa Fe Rd. & Olivenhain Rd. (closed
to s/b traffic onto Rancho Santa Fe Road)
4920 B-2 Carlsbad PD

8. Rancho Santa Fe Rd. & Avenida La Posta
(traffic signal set to flash)
4820 C-2 Sheriff

9. Rancho Santa Fe Rd. & Lone Jack Road 4820 C-2 Sheriff

10. Rancho Santa Fe Rd. & El Camino Del Norte 4820 C-2 Sheriff

11. Rancho Santa Fe Rd. & Encinitas Blvd. (closed
to n/b traffic onto Rancho Santa Fe Road).

Traffic signal set to flash
4720 B-2 Sheriff

12. El Camino Del Norte and Val Sereno Drive 4821 A-2 Sheriff EVACUATION ROUTES:

Scenario “A” Event (wildfire is outside city limits, approaching east from Harmony Grove or Rancho Santa Fe)
Exposed population north of Dove Hollow Road/Double LL Ranch Road will be evacuated via the Double LL Ranch Rd. gate. Evacuation routes are as follows:

No. Location SDCO Evacuation
Planning Map(s)

1. S/B on Copper Crest Road (to Lone Jack Road) 4921 C-1

2. South-west on Lone Hill Lane (to Lone Jack Road) 4921 C-1

3. S/B on Lone Jack Road 4921 C-1

4. S/B on Lone Hill Lane (to Dove Hollow Rd.) 4921 C-1

5. W/B on Dove Hollow Road 4921 D-1

6. W/B on Double LL Ranch Road 4921 C-1
Exposed population south of Dove Hollow Road /Double LL Ranch Road will be evacuated via Lone Jack Road and El Camino Del Norte:

1. S/B on Rancho Summit Dr. (to Fortuna Ranch Road) 4922 B-1

2. W/B on Fortuna Ranch Road (to Lone Jack Road) 4921 C-2

3. S/B on Western Springs Road (to Fortuna Ranch Road) 4921 D-2

4. W/B on Bumann Road (to Fortuna Ranch Road) 4921 D-2

5. North on Wildflower Drive (to Fortuna Ranch Road) 4921 D-2

6. W/B on El Camino Del Norte 4722 A-1, B1

7. W/B Camino Del Rancho 4821 B-1

8. S/B on Rancho Santa Fe Rd. 4820 C-1, C-2
19 October 2, 2023 Item 15
Olivenhain Wildfire Evacuation Plan 6 Rev. 12/2/2019
Traffic exiting Lone Jack Road and streets to the north will be directed north (no left turn) using on Rancho Santa Fe Road.

Traffic exiting El Camino Del Norte and streets to the south will be directed south (no right turn) on Rancho Santa Fe Road.

If necessary, a utility access road from Morning Sun Drive to Village Park Way is available to direct traffic off Rancho Santa Fe Road.

Due to the narrow roadways and need to possibly deploy firefighting resources to the affected areas, contra flow operations is not an effective option for evacuating residents. 20 October 2, 2023 Item 15
Olivenhain Wildfire Evacuation Plan 7 Rev. 12/2/2019
21 October 2, 2023 Item 15
Olivenhain Wildfire Evacuation Plan 8 Rev. 12/2/2019
Scenario B Event (wildfire is in Escondido Creek in or near city limits and approaching from the south or east)
Exposed population north of 3000 block of Lone Jack Road will be evacuated via the Double LL Ranch Rd. gate. Evacuation routes are as follows:

No. Location Thomas Brother
Map(s)

1. S/B on Copper Crest Road (to Lone Jack Road) 4921 C-1

2. South-west on Lone Hill Lane (to Lone Jack Road) 4921 C-1

3. S/B on Lone Jack Road 4921 C-1

4. S/B on Lone Hill Lane (to Dove Hollow Rd.) 4921 C-1

5. W/B on Dove Hollow Road 4921 D-1

6. W/B on Double LL Ranch Road 4921 C-1

7. S/B on Rancho Summit Dr. (to Dove Hollow Road) 4922 B-1

8. W/B on Fortuna Ranch Road (to Lone Jack Road--North) 4921 C-2

9. North/North-west on Bumann Road (to Fortuna Ranch Rd) 4921 C-1

10. N/B on Wildflower Drive (to Bumann Road) 4921 C-1

11. East on Wildflower Valley Drive (to Lone Jack Road—North) 4821 C-1

12. N/B on Brookside Lane (to Lone Jack Road—North) 4821 B-1

13. N/B on Lone Jack Road (3000 block and higher) 4821 B-1,4921 C-2 Exposed population south of 3000 block of Lone Jack Road will be evacuated via Lone Jack Road and El Camino Del Norte:
1 S/B on Lone Jack Road (2900 block and lower) 4821 A-1

2. S/B on Val Sereno Drive (to El Camino Del Norte) 4721 A-1

3. W/B on El Camino Del Norte 4721 B-1, A-1

4. E/B on 9
th Street (to Rancho Santa Fe Road) 4820 C-2

5. S/B on Rancho Santa Fe Rd. 4720 C-1
22 October 2, 2023 Item 15
Olivenhain Wildfire Evacuation Plan 9 Rev. 12/2/2019
23 October 2, 2023 Item 15
Olivenhain Wildfire Evacuation Plan 10 Rev. 12/2/2019

RESOURCES
Type 2 Barricades
Solar panel signal board (2)
Sign bags

AREA SECURITY
Access back into evacuated areas should be initially limited to:
 Emergency service and public works personnel
 Utility companies engaged in restoring utility services  Contractors restoring damaged buildings, clearing roads and removing debris  Commercial vehicles

ACCESS CONTROL POINTS
Intersection S.D.County
Evacuation Maps
Rancho Santa Fe Rd. & Olivenhain Rd. (closed to s/b
traffic onto Rancho Santa Fe Road)
4920 A-1
Rancho Santa Fe Rd. & Encinitas Blvd. (closed to n/b
traffic onto Rancho Santa Fe Road). Traffic signal set
to flash
4720 B-2
SHELTER ESTIMATE (Approximately 20% of exposed population):
1173 persons
512 dogs (based on average 1.69 per household)
664 cats (based on average of 2.19 per household)
282 horses
24 October 2, 2023 Item 15
Olivenhain Wildfire Evacuation Plan 11 Rev. 12/2/2019
POTENTIAL MASS CARE CENTERS:

Due to the unpredictability of wildfires and how they can spread rapidly, there will need to be flexibility in identifying shelters that are safely located outside the hazard zones.

NOTE: The need for activation to Mass Care Centers will be as recommended by local jurisdictions and as designated by the American Red Cross.

Facility Capacity

1. Encinitas Community Center 318

2. Oak Crest Middle School 127

3. San Dieguito Academy 299

TEMPORARY HORSE/LIVESTOCK SHELTERS

1. Oakcrest Middle School (notify San Dieguito Union School District)

2. San Diego County Fairgrounds
POTENTIAL TRANSPORTATION/TEMPORARY EVACUATION POINTS (used to collect and transport people without transportation resources to evacuation points)

1. Olivenhain Town Hall, 423 Rancho Santa Fe Road, Encinitas (4720 C-2)

2. Little Oaks Park (Lone Jack Road at Crystal Ridge Road) (4821 A-1) INITIAL COMMAND POSTS:

1. Encinitas Sheriff’s Station, 175 N. El Camino Real, Encinitas, 760-966-3500 (4819 B2)

2. Encinitas Emergency Operations Center (EOC) 505 S. Vulcan Avenue, Encinitas, (4717 C-1)

3. Operational Area EOC, 5555 Overland Avenue, San Diego, (2825 D-2) POTENTIAL STAGING AREAS:

1. Oakcrest Park, 675 Balour Dr., Encinitas (4718 D-1)

2. San Dieguito High School, 800 Santa Fe Dr. (4718 B-2)* 25 October 2, 2023 Item 15
Olivenhain Wildfire Evacuation Plan 12 Rev. 12/2/2019

3. Mira Costa College, 3333 Manchester Avenue (4519 B-2)

4. Paul Ecke Sports Park, 200 Saxony Rd. (4818 A-2)

5. Encinitas Community Center, 1140 Oakcrest Park Road* (4718 D-1) * Also a potential mass care center
II. EVENTS AND EMERGENCY STATUS

EVENT STATUS
Red Flag Warning Review Plans and Procedures
Wildfire progressing west from
Escondido, Poway or Rancho Bernardo Initiate Phased Evacuation or order a Voluntary Evacuation
Wildfire(s) in San Marcos, Harmony Grove,
Elfin Forest, Carlsbad or Rancho Santa Fe Scenario A (refer to map) Mandatory Evacuation
Wildfire begins in Olivenhain. Scenario B (refer to map) (Escondido Creek), Rancho Santa Fe Mandatory Evacuation Wildfire threat has ceased Repopulation
III. ACTIONS
A. CITY ACTIONS:

Fire Department
 Fire Duty Chief will verify that a wildfire affecting Olivenhain is imminent or has occurred.
 Duty Chief will notify the Sheriff’s and request traffic control and evacuation operations and request that both Double LL Ranch Road emergency access gates be opened and secured in an open position using the cellular access control or knox key. If Sheriff’s personnel are unavailable, Fire Prevention personnel or CBD #2216 can open both gates.
26 October 2, 2023 Item 15
Olivenhain Wildfire Evacuation Plan 13 Rev. 12/2/2019
 Duty Chief will notify Public Works and request traffic control for the area and directional signage be placed along evacuation routes and stop signs bagged.
 Duty Chief will notify the Fire Chief.
 Upon notification by Fire Chief, City Manager (or designee) will activate the Emergency Operations Center (EOC).
 If necessary, activate the Community Emergency Response Team (CERT) to assist Sheriff’s with traffic control.
 If necessary, the Encinitas Fire Department and Lifeguards can assist the Sheriff’s Department with public notification and evacuation activities. Fire engines (6), chief officer (4) and lifeguard vehicles (3) are equipped with vehicle public address systems.

Public Works Department
 Institute traffic control measures. Deploy directional signage and message boards.
 Bag stop signs (stop signs are identified on the maps). Post signs on cross streets at four way stops indicating that through traffic does not stop.
 Post road closures on appropriate Web EOC status boards.

Traffic Engineering
 Develop and implement traffic control plan.
 Monitor traffic flow.
 Notify the City of Carlsbad of potential traffic impacts.

Emergency Operations Center
 Notify the Operational Area of the activation.
 Utilize AlertSanDiego Mass Notification System upon the issuance of an evacuation order and provide public information.
27 October 2, 2023 Item 15
Olivenhain Wildfire Evacuation Plan 14 Rev. 12/2/2019
 Contact special facilities such as nursing homes and hospitals that may be impacted and request that they review and be prepared to implement their evacuation plans.
 Contact the American Red Cross for potential and confirmed evacuation and shelter needs of displaced population.
 Contact the San Diego County Fairgrounds for potential and confirmed evacuation and shelter needs for large animals (particularly horses), if necessary.
 Coordinate mutual aid necessary for evacuation.
 Establish Inter-jurisdictional coordination with the City of Carlsbad.

B. SHERIFF’S DEPARTMENT (LAW ENFORCEMENT) ACTIONS:

Law enforcement agencies are responsible for providing security, traffic control and evacuation operations within their areas of responsibility. The Sheriff’s Department is responsible for directing evacuation activities within cities that have contracted with the Sheriff’s Department for law enforcement services, in the unincorporated areas in their jurisdictions and when mutual aid is requested from allied agencies.
 Provide evacuation notification and advisory to unsafe areas.  Identify transportation and evacuation points.
 Coordinate relocation of people to safe areas with other agencies.  Search vacated areas to ensure that all people have received warnings.
 Provide initial field situation reports and updates from field units and Aerial Support to Regional Enforcement Agencies.
 Coordinate the provision of transportation resources to special needs populations.
 Provide traffic control measures for the evacuation effort (including the use of Senior Patrol volunteers).
 Provide security and access control to vacated areas. 28 October 2, 2023 Item 15
Olivenhain Wildfire Evacuation Plan 15 Rev. 12/2/2019
 Coordinate information with Sheriff's Office, C.H.P. and Carlsbad Police Departments concerning evacuation from affected areas, including unique institutions as indicated on previous pages.

C. COUNTY OES ACTIONS
 Coordinate evacuation efforts with local jurisdictions that may be affected by the evacuation.
 Coordinate the release of warnings, instructions and other emergency public information related to the evacuation effort, including the use of AlertSanDiego and Wireless Emergency Alert (WEA) Mass Notification systems to provide information on affected areas and the location of mass care centers, road closures, and exit/evacuation routes.
 Coordinate with the Humane Society and County Animal Services to provide support with the transportation of large animals.  Assist in re-entry, recovery operations and planning with other agencies as requested.

IV. PROCEDURES AND RESPONSIBILITIES
A. ALERTS AND WARNING
In responding to a wildfire, precautionary alerts are made by telephone to the affected jurisdictions. Numbers below are confidential and are not to be given out to the public (refer to Emergency
Telephone Numbers sheet for additional numbers):

NORTHCOMM
Sheriff’s Communications
Sheriff’s Watch Commander
CHP Communications
City of Encinitas
City of Carlsbad Police Department
American Red Cross
San Diego Humane Society
Rancho Santa Fe Patrol
San Dieguito Union High School District
Encinitas Union School District
29 October 2, 2023 Item 15
Olivenhain Wildfire Evacuation Plan 16 Rev. 12/2/2019
B. SITUATION ANALYSIS AND PRELIMINARY HAZARD/DAMAGE
REPORT

1. As soon as possible, a situational analysis is done by the following agencies:
a. The Encinitas Sheriff’s Station, Public Works, Fire, Engineering, Development Services Departments and the Red Cross will perform ground damage surveys of the affected area within the city boundaries.
b. Damage survey information is reported to the City EOC and the Operational Area.

2. The County OES coordinates the Situation Reports and the Hazard/Damage Assessment information with the affected agencies as listed under Section IV A, Alerts and Warnings.

C. EVACUATION

1. Evacuation is coordinated by the law enforcement agencies involved.

CHP assists all agencies with routing and traffic control. For further information on evacuation procedures for the county area, see Annex C, San Diego County Operational Area Emergency Operations Plan.

2. Evacuation warning information may be disseminated via a variety of methods including, but not limited to: AlertSanDiego, WEA, helicopter, patrol units, City social media sites, news media, etc.

D. REPOPULATION

1. Provide ample time for residents’ re-entry into evacuation area.

2. Repopulation efforts should be coordinated through the OA EOC and protocol effectively communicated with Law Enforcement and the National Guard.

IV. REFERENCES
Unified San Diego County OA Emergency Plan, Annex Q (Evacuation), September 2018 H.R. 2360, Department of Homeland Security Appropriations Act, 2006 Department of Homeland Security Preparedness Directorate No. 197 California Penal Code 409.5 (a) and (c)
Pets Evacuation and Transportation Standards Act of 2006 30 October 2, 2023 Item 15
Attachment B
Locations in NC Zone Where Multiple Dwelling Unit Development is Prohibited To assure priority for coastal-dependent and coastal-related development that avoids impacts to sensitive wetland habitat and the San Dieguito River and Lagoon, multiple dwelling unit residential use shall be prohibited on the North County Transit District (NCTD)-owned wye property (APN 299-071-02-00) located on the west side of Jimmy Durante Boulevard (labeled parcel 1) and parcels labeled 12-16 located north of San Dieguito Drive on the east side of Jimmy Durante Boulevard (299-100-32-00, 299-100-33-00, 299-100-34-00, 299-100-35-00, 299- 100-36-00). Multi-unit development is an allowed use on the interior parcels labeled 2-11. 31 October 2, 2023 Item 15
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Martin Boyd, Project Manager II
Joe Bride, Public Works Director
Mariel Cairns, Associate Management Analyst
Via Ashley Jones, City Manager
DATE: October 2, 2023
SUBJECT: Approval of Conceptual Design for the 20th Street Lifeguard Tower Driveway Project
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council approve the conceptual design for the 20th Street Lifeguard Tower Driveway Project (Attachment A).

DISCUSSION/ANALYSIS:

The 20th Street lifeguard tower is a City facility accessible off Ocean Front from an existing concrete driveway on the southern half of the 20th Street public beach access. The northern half of the 20th Street public beach access was recently vacated by the adjacent property owner of 2004 Ocean Front, and remains stabilized with crushed gravel. The vacation was a development condition wherein the owner of 2004 Ocean Front was required to transfer fee title ownership of a small portion of their property, which was already encumbered by a City street easement, to the City of Del Mar. The City is now planning to develop the northern half of the 20th Street public right-of-way as an extension of the existing 20th Street lifeguard tower driveway, which will provide more usable area for the City and improved beach access for the public.

On March 6, 2023, City Council approved a Task Order with Michael Baker International (MBI) to perform engineering design services at both the conceptual and final design phases for the development of the 20th Street Lifeguard Tower Driveway Project (Attachment B). Staff and MBI have developed the conceptual design included as Attachment A for City Council consideration. The improvements are designed to create more usable area for the City and will include a driveway extension, removable bollards, landscape strip, and improved public beach access.

While an engineer’s estimate has not been provided for this conceptual design phase, approximately two years ago, the City received two construction proposals for the driveway extension (exclusively) which ranged between $28,500 and $31,000. Based on Council direction to develop a more aesthetically integrated design that also incorporates drought tolerant landscaping and irrigation as well as removable bollards, the City did not 1 October 2, 2023 Item 16
City Council Agenda Report
Conceptual Design of 20th Street Lifeguard Tower Driveway Project October 2, 2023

move forward with that work. However, the proposals previously received for only the driveway extension component of the work helps to provide some basis of potential cost for the project.

An engineer’s estimate will be provided as part of the final design phase for the project, which will provide an estimate of cost based on regional cost data for other public projects.

However, the actual cost of the project will be determined by the construction market, based on a legally required competitive public bidding process that the City must undertake to select a contractor for the project. Per State law, the City is required to select the lowest responsive bid received.

If approved, staff will proceed with the necessary project approvals, which include Administrative Design Review. After these approvals, the next steps include the development of the final plans, specifications, and an engineer’s estimate for public bidding before the award of a construction contract.

PRIOR CITY COUNCIL REVIEW:

On June 19, 2023, City Council approved an additional $55,000 for the 20th Street Lifeguard Tower Driveway Project in the Fiscal Year 2023-2024 Operating and Capital Budget. On March 6, 2023, City Council approved a $30,000 Task Order with MBI to perform engineering design services at both the conceptual and final design phases for the development of the 20th Street Lifeguard Tower Driveway Project; and authorized the City Manager to execute the Task Order. On June 20, 2022, City Council adopted a resolution amending the Fiscal Year 2022-2023 Operating and Capital Budget, which established $30,000 in funding for the 20th Street Lifeguard Tower Driveway Assessment and Initial Design.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. A total of $85,000 has been previously allocated to the account for this project, which is sufficient to cover the cost of the engineering design services at both the conceptual and final design phases by MBI, and approximately $55,000 toward the cost to construct the improvements. Any budget adjustments needed for construction would occur as part of a future agenda item at the time the contract for construction is awarded by the City Council.

ENVIRONMENTAL IMPACT:

Pursuant to the California Environmental Quality Act (CEQA), the proposed project has been analyzed and determined to be Categorically Exempt pursuant to CEQA Guidelines in accordance with Section 15304 (minor public or private alterations in the condition of land, in that the existing condition is crushed gravel and the proposed project consists of minor grading and construction of a concrete driveway with related minor landscaping), and, in the alternative, that it is Categorically Exempt from CEQA per Guidelines section 15303 (new construction of small structures, as this project also proposes additional new bollards at the driveway entrance to preserve public safety access to the lifeguard tower), 2 October 2, 2023 Item 16
City Council Agenda Report
Conceptual Design of 20th Street Lifeguard Tower Driveway Project October 2, 2023

and, further, determines that none of the exceptions in CEQA Guidelines section 15300.2 apply here because the proposed action does not include a sensitive mapped area, a scenic highway, a hazardous waste site, or a historic resource.

NEXUS TO CITY COUNCIL GOALS & PRIORITIES:

This item is listed as a Tier 2 City Council priority for FY 2023-2024 and FY 2024-2025.

ATTACHMENTS:

Attachment A – Conceptual Design
Attachment B – Task Order with Michael Baker for Engineering Design Services 3 October 2, 2023 Item 16

ATTACHMENT A
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Martin Boyd, Project Manager
Joe Bride, Public Works Director
Mariel Cairns, Associate Management Analyst
Via Ashley Jones, City Manager
DATE: October 2, 2023
SUBJECT: Approval of Recommended Design Alternative (Phase I) and Task Order with Michael Baker International to Perform Engineering Design Services (Phase II) for the Hoska Alley Project
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Approve further design of Alternative 2 from the Phase I Hoska Alley Developmental Alternatives Analysis (Attachment A); 2) Approve a $41,100 Task Order (Attachment B) with Michael Baker International (MBI) to proceed with Phase II Final Plans, Specifications, and Estimate (PS&E) for the development of Hoska Alley; and 3) Authorize the City Manager to execute the Task Order.

DISCUSSION/ANALYSIS:

An undeveloped alley exists on City right-of-way between 8th and 9th Streets from Hoska Drive to Camino del Mar (Hoska Alley). The alley’s western portion, approximately 450 feet, is undeveloped and only accessible on foot due to various encroachments from ten (10) residential properties. The eastern portion of the alley, which is approximately 300 feet, provides vehicular access to approximately ten (10) residential properties (Attachment B).

The alley’s eastern portion also contains a water main with services/meters to approximately 14 properties.

The original subdivision maps for the hillside portion of the City, some of which date back to the early 1900’s, contained many alleys, most of which have never been improved due to reasons mostly related to challenging topography. These alleys are in fact dedicated City right of way. In the case of Hoska Alley, while it was never formally improved and remains in an undeveloped and remains in an unimproved condition, the upper portion of the alley was made accessible for vehicles and has been utilized as such over time. Over the years, Hoska Alley residents have requested that the City take steps to improve the alley to address dust and drainage issues.

As part of the City Council goal setting session in 2022, the Council identified completion of a Phase 1 Engineering Assessment on Hoska Alley as a Tier 2 work plan item for staff, and funds for related work and potential future construction were allocated in the City’s Fiscal Year 2022-23 and FY 2023-2024 capital improvement budgets. 1 October 2, 2023 Item 17
City Council Agenda Report
Hoska Alley Design Alternative Approval and MBI Task Order (Phase II) October 2, 2023

On January 9, 2023, the City Council approved a $49,000 Task Order with Michael Baker International (MBI) to conduct an engineering assessment and provide initial design alternatives and cost projections (Phase I) for the development of Hoska Alley (Attachment A). The assessment included hydrologic and hydraulic studies to determine the proposed storm water runoff quantities and impacts to downstream drainage infrastructure. MBI developed three (3) alternatives, including a recommended alternative (Alternative 2), which will ensure that drainage from the alley continues along the public right-of-way to the existing conveyance system at the intersection of Camino Del Mar and 9th Street.

Alternative 2 consists of removing and replacing the existing storm drain inlet and abandoning an existing drainage pipe and trench that flows across private property to 8th Street. A new 10-inch high-density polyethylene (HDPE) pipe will convey storm water to a storm drain curb outlet on to Camino del Mar.

Alternative 1 is very similar to Alternative 2 with the addition of a 12-inch reinforced concrete pipe (RCP) along Camino del Mar to a storm drain inlet at 9th Street. Alternative 1 is not recommended because of its higher cost and greater public impacts due to trenching along Camino del Mar. Alternative 3 is also similar to Alternative 2 but includes the addition of a drywell and smaller 6-inch HDPE pipe. Similarly, Alternative 3 is not recommended due to the drywell system’s higher maintenance cost, potential for mosquitos, and the additional cost and time of obtaining a geological evaluation to determine the permeability of the soil for the proposed drywell system.

All three of the conceptual design alternatives are estimated within the same general range of cost from $538,630 to $591,215, which is further detailed on pg. 12 of Attachment A. It is important to note that these estimates are based on the concept level designs and are provided for budget planning purposes. Once the final design for the project is complete, MBI will provide an updated cost estimate. MBI develops project cost estimates based on current regional cost data for other public projects. However, the actual cost of the project will be based on bids received as part of the legally required competitive public bidding process that the City must undertake per State law to select a contractor for the project. Award of a contract for construction of the project must be approved by the City Council in order to proceed.

There are several encroachments along the western portion of the alley which conflict with the proposed improvements. Two (2) encroachments are active encroachment permits issued by the City. These residents will be required to either remove the encroachments before construction and reinstall the encroachments after construction or make accommodations for the City to complete the project while they remain in place. The remaining non-permitted encroachments will require removal prior to construction, and residents may apply for long term encroachment permits prior to any reinstallations.

The City has an agreement in place with MBI for as-needed civil engineering services. As such, staff recommends issuing MBI a Task Order to proceed with final PS&E for Hoska Alley (Phase II). If approved, the Phase II work is scheduled for completion by April 2024 pending environmental review and dry utility coordination. Phase II work includes final plans, 2 October 2, 2023 Item 17
City Council Agenda Report
Hoska Alley Design Alternative Approval and MBI Task Order (Phase II) October 2, 2023

specifications, and an engineer’s estimate for public bidding and eventual construction. The proposed Task Order, which includes a total cost for services of $41,100 (Exhibit 1), is included as Attachment B.

PRIOR CITY COUNCIL REVIEW:

On June 19, 2023, City Council approved an additional $400,000 for the Hoska Alley Development in the Fiscal Year 2023-2024 Operating and Capital Budget.

On January 9, 2023, Council approved a $49,000 Task Order with Michael Baker International (MBI) to conduct an engineering assessment and provide initial design alternatives and cost projections for the development of Hoska Alley.

On June 20, 2022, City Council adopted a resolution amending the Fiscal Year 2022-2023 Operating and Capital Budget, which established $100,000 in funding for the Hoska Alley Development.

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

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. There are sufficient funds available in the Fiscal Year (FY) 2023-2024 Operating and Capital Budget to perform the MBI Phase II Task Order work.

ENVIRONMENTAL IMPACT:

The action being considered is statutorily exempt in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15262 (Feasibility and Planning Studies) for approval of the consultant to prepare final design plans and specifications. In addition, this action is categorically exempt from CEQA in accordance with Section 15061(b)(3), as the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the preparation of final engineering design plans and specifications could have a significant effect on the environment.

NEXUS TO CITY COUNCIL GOALS & PRIORITIES:

This item is listed as a Tier 2 City Council priority for FY 2023-2024 and 2024-2025.

ATTACHMENTS:

Attachment A – Hoska Alley Developmental Alternatives Analysis Attachment B – MBI Task Order
Exhibit 1 to Attachment B – Hoska Alley Phase II PS&E Scope of Work 3 October 2, 2023 Item 17
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Hoska Alley Developmental Alternatives
Technical Memorandum
TO: Martin Boyd, Project Manager, City of Del Mar
FROM: Michael Baker International
DATE: September 22, 2023
SUBJECT: Hoska Alley Developmental Alternatives Analysis An undeveloped alley exists on City Right-of-Way (ROW) between 8th and 9th Streets, from Hoska Drive to Camino del Mar (Hoska Alley). Over the years, Hoska Alley residents have requested assistance from the City in improving the alley to address dust and drainage issues. The public alley easement is heavily encroached on by private property owners west of 410 8th Street. Michael Baker International was tasked with assessing the existing conditions to quantify the storm water run-on and run-off in the affected area and propose three alternatives to mitigate the drainage issue for the ultimate condition of paving the alley. This technical memorandum describes the study assumptions, data sources, calculation methods, and alternatives development process for suggested improvements to Hoska Alley in Del Mar.

Table of Contents

1.0 Existing Drainage Analysis ................................................................................................................. 2

2.0 Alternatives Analysis ......................................................................................................................... 3

3.0 Preliminary Cost Estimate ............................................................................................................... 12

4.0 Hoska Alley Surface Improvements ................................................................................................ 14

5.0 Discussion and Recommended Alternative .................................................................................... 14 Attachment 1 .............................................................................................................................................. 14 References ……………………………………………………………………………………………………………………………………………15

ATTACHMENT A
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Hoska Alley Drainage Alternatives Analysis
September 22, 2023
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1.0 Existing Drainage Analysis
The study limits consist of the contributing drainage area to the inlet at the end of Hoska Alley. Rainfall on Hoska Drive east of the alley bypasses the alley through the curb and gutter system that ties into a concrete ribbon gutter that continues towards Highland Avenue and 9th Street. Runoff that reaches the alley either directly falls on the alley and drains towards the inlet or is from portions of the adjacent residential lots. An existing conditions drainage exhibit is included in Figure 1. After runoff reaches the inlet, a short private drain which conveys flow towards a concrete v-ditch in the backyard of the property on 406 8th Street. The ditch conveys flow towards the street where it then outlets on 8th Street. Flow from 8 th Street travels west to Camino Del Mar before joining the conveyance MS4 system at 9th Street.

Figure 1. Existing Drainage Area
Topographic data was obtained from the Del Mar 2-foot contour shapefiles. Soil data was taken from the USGS Web Soil Survey and determine to be in hydrologic soil group “B”. This soil group has moderately low runoff potential and is good for use with infiltration facilities. Land Use data was obtained from Del Mar and consisted of single-family detached and road right of way. The existing drainage infrastructure consists of approximately 50 lineal feet of concrete ribbon gutter that turns down Hoska Alley. The rest of Hoska Alley is decomposed granite with no delineated drainage infrastructure. At the end of the alley is a Type “G” inlet with an 8-inch PVC pipe outlet. The total contributing drainage area was estimated at 34,280 sf or 0.79 ac.

The existing runoff rate and volume was calculated for the 10-, 25-, and 100-year event. The modified rational method was used given the small drainage area. Table 1 below presents the results for the existing conditions analysis. The “C” factors for these calculations where derived from the San Diego County Hydrology Manual.

Table 1. Existing Conditions Hydrology
Further analysis was performed for a proposed condition of paving the existing unimproved alley with asphalt and installing a concrete ribbon gutter to the existing inlet. This would add 4,600 sf of impervious 10-year 25-year 100-year
Flow Rate, cfs 1.36 1.70 2.13
Volume, cf 408 510 638
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area to the drainage basin and increase the runoff coefficient. The proposed condition results are presented in Table 2.

Table 2. Proposed Conditions Hydrology
Backup for calculations is provided in Attachment 1.

Other proposed improvements were considered to reroute the drainage from its current discharge location on 8th Street and redirect down to Camino Del Mar.

An improvement considered was the construction of a brow ditch to convey the runoff to Camino Del Mar. Unfortunately, since the existing inlet is in a sump the brow ditch would need to travel uphill (in a westerly direction) for approximately 100 feet before continuing down to Camino Del Mar.

The other improvement considered was to bore a drainage pipe westerly down the alley to Camino Del Mar. However, directional boring has drawbacks to consider, such as:
a. Cost: Directional boring can be more expensive than traditional excavation methods. The equipment and expertise required for directional boring can result in higher upfront costs for the project.
b. Limited pipe size and material: Directional boring is generally suitable for installing smallerdiameter pipes, typically in the range of a few inches. It can be challenging to bore largediameter pipes effectively. Furthermore, the choice of pipe materials may be restricted, as some materials may not be suitable for the drilling process. c. Limited access and layout constraints: Directional boring requires access points for the drilling equipment at the entry and exit locations. Since the alley has limited access, finding suitable entry and exit points can be challenging. Additionally, the layout constraints, such as existing utilities or obstacles underground, may limit the available drilling paths. d. Complex planning and expertise requirements: Directional boring requires careful planning and expertise. Detailed surveys and geotechnical studies are necessary to assess the ground conditions and determine the feasibility of the drilling path. Skilled drilling operators with experience in directional drilling techniques are required to ensure the success of the project. e. Potential for drilling issues: There is a risk of encountering unforeseen challenges during the drilling process, such as encountering hard rock formations, boulders, or other subsurface obstructions. These obstacles can slow down the drilling progress, increase costs, and potentially require additional equipment or techniques to overcome.

2.0 Alternatives Analysis
The ultimate condition for Hoska Alley will be the paving of the existing portion which is currently decomposed granite and the installation of a concrete swale to convey the runoff to a catch basin in a sump within the alley. In conjunction with the ultimate Hoska Alley improvements, three drainage alternatives are presented for consideration by the City:
10-year 25-year 100-year
Flow Rate, cfs 1.66 2.07 2.59
Volume, cf 498 622 777
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1. Alternative 1 consists of removing the existing drainage facility at the terminus of the proposed alley improvements and constructing a new double type “I” catch basin per San Diego Regional Standard Drawings (SDRSD) D-29. The catch basin will outlet with a 10” HDPE pipe which will be placed within a non-improved, steep, heavily vegetated alley with encroaching private improvements. The proposed storm drain facility will continue down the unimproved alley and under a 4-foot-high retaining wall that protects a series of utility transformers and communication pedestals. The proposed 10” HDPE storm drain will go under the existing utility facilities and into a new public storm drain facility to be constructed within Camino Del Mar. The 10” HDPE storm drain will then transition to a 12” RCP pipe and head northerly to an existing storm drain inlet. at the southeast corner of Camino Del Mar and 9th Street. A hand-dug open trench is the recommended construction method over directional drilling. A concept diagram of Alternative 1 is included in Figure 2.

This design presents a range of advantages and disadvantages. Below is a more detailed of pros and cons of Alternative 1:

Pros:
a. Improved stormwater management: Constructing a 10" HDPE storm drain system allows for efficient management of stormwater runoff. The larger pipe diameter can handle higher flow rates, reducing the risk of flooding, erosion, and damage to surrounding areas.

It helps redirect water away from the alley and private improvements, ensuring proper drainage and minimizing the potential for property damage. b. Compliance with Standards: Constructing the catch basin per the San Diego Regional Standard Drawings (SDRSD) D-29, and the proposed manhole in Camino Del Mar per SDRSD D-09, ensures that the design and construction of the facility adhere to established guidelines. This compliance helps maintain consistency and quality in storm drainage infrastructure within the city.
c. Efficient Conveyance: The use of a 10" HDPE pipe allows for efficient conveyance of stormwater from the catch basin to the new public storm drain facility. HDPE pipes are known for their smooth interior walls, which minimize flow resistance, resulting in improved conveyance capacity and reduced energy losses. d. Durability and longevity: HDPE pipes are known for their durability and resistance to corrosion, abrasion, and impact. They can withstand harsh weather conditions and the presence of vegetation without compromising their structural integrity. This ensures a reliable and long-lasting storm drain system that requires minimal maintenance. e. Compatibility with steep terrain: The flexibility and lightweight nature of HDPE pipes make them well-suited for installation in non-improved, steep locations. They can be easily maneuvered around existing structures, potential tree roots, and other obstacles, minimizing the need for extensive excavation and disruption to the surrounding environment.
f. Extension of public storm drain facility: Connecting the new storm drain system to an existing storm drain inlet extends the reach of the public stormwater infrastructure. This improves the overall efficiency of the drainage system, enhances stormwater conveyance, and reduces the flooding of Camino Del Mar in a high intensity storm event. 7 October 2, 2023 Item 17
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Cons:
f. Construction complexity: Constructing a 10" HDPE storm drain system in a non-improved, steep, heavily vegetated alley with encroaching private improvements can be challenging.

Excavation and installation in steep terrain require careful planning, specialized equipment, and skilled labor.
g. Encroachment Issues: The encroachment of private improvements within the alley can complicate the installation of the storm drain facility. It may necessitate negotiations with property owners, removal of encroaching improvements and/or adjustments to the design to accommodate the existing encroachments.
h. Maintenance requirements: While HDPE pipes have low maintenance needs, regular inspections are necessary to identify any potential blockages or damage. Additionally, periodic maintenance activities such as cleaning and debris removal may be required to maintain the system's efficiency.
i. Potential Utility Interference: Passing the proposed 10" HDPE storm drain under the existing utility facilities requires careful coordination, with utility purveyor, to avoid interference or damage to the utility infrastructure. Accurate utility location information, coordination with utility providers, and proper engineering measures are essential to mitigate these risks.
j. Construction Impact on Retaining Wall: The storm drain facility passing under the 4-foothigh retaining wall protecting utility transformers and communication pedestals introduces potential risks to the wall's integrity. The construction process must be carefully planned to avoid compromising the structural stability of the retaining wall. k. Disruption of traffic along Camino Del Mar (CDM) due to the trenching required to place the proposed 12” RCP pipe from the mid-block between 8th and 9th Street, northerly to 9th Street. Traffic control measure would temporarily remove one travel lane for the duration of work within CDM.
l. No runoff treatment.

In summary, constructing a 10" HDPE storm drain system in a non-improved, steep, heavily vegetated alley with encroaching private improvements, and extending a new public storm drain facility offers benefits such as improved stormwater management, increased capacity, durability, and compatibility with challenging terrain. However, challenges related to construction complexity, vegetation management, cost implications, maintenance requirements, no stormwater treatment and potential disruptions to private improvements must be carefully addressed to ensure a successful and effective stormwater management solution.

Please note that cleanouts are being utilized in all three designs as a method of provide vertical drops in the pipe system where there are grade breaks in the terrain.

Anticipated Cost: $591,215
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Figure 2. Alternative 1 Concept Sketch

2. Alternative 2 consists of removing the existing drainage facility at the terminus of the proposed alley improvements and constructing a new double type “I” catch basin per San Diego Regional Standard Drawings (SDRSD) D-29. The catch basin will outlet with a 10” HDPE pipe which will be placed within a non-improved, steep, heavily vegetated alley with encroaching private improvements. The proposed storm drain facility will continue down the unimproved alley and to an electrical facility, located east of the sidewalk along Camino del Mar. The existing electrical and telecommunications facility (protected by an existing retaining wall) will need to be removed and relocated to accommodate the shallow 10” HDPE and anticipated double curb outlet. This would not be necessary in Alternative 1 since the pipe would travel under the electrical facility. A concept diagram of Alternative 2 is included in Figure 3.

This design presents a range of advantages and disadvantages. Below is a more detailed of pros and cons of Alternative 2:

Pros:
a. Improved stormwater management: Constructing a 10" HDPE storm drain system allows for efficient management of stormwater runoff. The larger pipe diameter can handle higher flow rates, reducing the risk of flooding, erosion, and damage to surrounding areas.

It helps redirect water away from the alley and private improvements, ensuring proper drainage and minimizing the potential for property damage. b. Compliance with Standards: Constructing the catch basin per the City of San Diego Standard Drawings (SDRSD) D-29, and the proposed curb outlet per SDRSD D-25A in Camino Del Mar, ensures that the design and construction of the facility adhere to established guidelines. This compliance helps maintain consistency and quality in storm drainage infrastructure within the city.
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c. Efficient Conveyance: The use of a 10" HDPE pipe allows for efficient conveyance of stormwater from the catch basin to the outlet on Camino Del Mar. HDPE pipes are known for their smooth interior walls, resulting in improved conveyance capacity and reduced energy losses.
d. Durability and longevity: HDPE pipes are known for their durability and resistance to corrosion, abrasion, and impact. This ensures a reliable and long-lasting storm drain system that requires minimal maintenance.
e. Minimal disruption of traffic along CDM for the construction of the proposed curb outlet.

The two existing travel lanes will remain open for the duration of work within CDM. f. Compatibility with steep terrain: The flexibility and lightweight nature of HDPE pipes make them well-suited for installation in non-improved, steep locations. They can be easily maneuvered around existing structures, potential tree roots, and other obstacles, minimizing the need for extensive excavation and disruption to the surrounding environment.

Cons:
a. Construction complexity: Constructing a 10" HDPE storm drain system in a non-improved, steep, heavily vegetated alley with encroaching private improvements can be challenging.

Excavation and installation in steep terrain require careful planning, specialized equipment, and skilled labor.
b. Encroachment Issues: The encroachment of private improvements within the alley can complicate the installation of the storm drain facility. It may necessitate negotiations with property owners, removal of encroaching improvements and/or adjustments to the design to accommodate the existing encroachments.
c. Maintenance requirements: While HDPE pipes have low maintenance needs, regular inspections are necessary to identify any potential blockages or damage. Additionally, periodic maintenance activities such as cleaning and debris removal may be required to maintain the system's efficiency.
d. Removal and Reconstruction of Utility Area: The proposed 10” HDPE pipe will need to be near the surface to discharge via two curb outlets. Passing the proposed 10" HDPE storm drain under the existing utility facilities is not possible as in option 1. It will require the removal and reconstruction of the utility facility to construct the surface discharge via the curb outlets. This will require careful coordination, with utility purveyors, to avoid interruption of service during the relocation process.
e. No runoff treatment.

In summary, constructing a 10" HDPE storm drain system in a non-improved, steep, heavily vegetated alley with encroaching private improvements, and extending a new public storm drain facility offers benefits such as improved stormwater management, increased capacity, durability, and compatibility with challenging terrain. However, challenges related to construction complexity, vegetation management, high-cost implications due to relocation of electrical and telecommunication facilities, maintenance requirements, no stormwater treatment and potential disruptions to private improvements.

Anticipated Cost: $551,655
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Figure 3. Alternative 2 Concept Sketch

1. Alternative 3 consists of removing the existing drainage facility at the terminus of the proposed alley improvements and constructing a large high-capacity drywell. The drywell will outlet with a 6” HDPE pipe which will be placed within a non-improved, steep, heavily vegetated alley with encroaching private improvements. The proposed storm drain facility will continue down the unimproved alley and under a 4-foot-high retaining wall that protects a series of utility transformers and communication pedestals. The proposed 6” HDPE storm drain will go through the existing utility facilities and outlet onto Camino Del Mar via a new curb outlet. Even though 6” PVC is sometime considered more difficult to maintain, the City has cleaning equipment for many of the 6” VCP sewer mains that still exist in the City. Additionally, this 6” PVC would be an emergency overflow pipe and with the steep slopes will have sufficient cleaning velocity to avoid any sedimentation buildup. The proposed drywell, assuming 14-ft storage depth and 48-inch diameter shaft will mitigate approximately 174 C.F. of runoff. That will reduce runoff to below predevelopment amounts at 603 C.F. An example of a standard drywell detail is included in Figure

5. A concept diagram of Alternative 3 is included in Figure 4.

This design presents a range of advantages and disadvantages. Below is a more detailed listing of pros and cons of Alternative 2:

Pros:
a. Efficient runoff interception: Constructing a large high-capacity drywell provides the advantage of increased storage capacity for stormwater runoff. Drywells are designed to collect and store excess water, gradually infiltrating it into the surrounding soil. This can 11 October 2, 2023 Item 17
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help alleviate potential flooding and reduce the load on the storm drain system during heavy rain events. Drywells also aid in reducing the strain on the existing storm drain infrastructure by diverting and infiltrating runoff on-site. b. Cost-effectiveness: Drywell construction can be a cost-effective solution for managing stormwater in non-improved, steep, heavily vegetated alleys. Compared to the installation of an extensive storm drain system, drywells typically require less material and labor resulting in potential cost savings.
c. Reduced pipe size and labor costs: Placing a 6" HDPE pipe within a non-improved, steep, heavily vegetated alley allows for the efficient conveyance of drywell overflow. The pipe can navigate through the challenging terrain, accommodating the natural features of the area while still facilitating the controlled outlet of water. d. Efficient Outlet Design: The proposed 6" HDPE storm drain will pass through the existing utility facilities and outlet onto Camino Del Mar via a new curb outlet. This design provides a direct connection to a public street, allowing for efficient and controlled discharge of stormwater. It can help prevent excessive pooling of water within the alley and improve the overall drainage system's effectiveness.
e. Durability and longevity of HDPE pipes: Utilizing a 6" HDPE storm drain system for overflow purposes provides a durable and long-lasting solution. HDPE pipes are known for their resistance to corrosion, abrasion, and impact, making them suitable for challenging terrains with heavy vegetation. This ensures a reliable stormwater conveyance system with reduced maintenance needs.

Cons:
a. Limitations on capacity: While a drywell can effectively intercept and store a significant portion of runoff, it may have limitations in handling extremely high volumes of water during intense rainfall events. A geotechnical evaluation should be performed to ensure that there are no poor soil drainage or perched water tables, since the effectiveness of a drywell may be reduced. A thorough site assessment should be conducted to ensure the suitability of the proposed location for a high-capacity drywell. b. Maintenance Requirements: Drywells require regular maintenance to ensure their proper functioning. Over time, sediment and debris can accumulate, potentially reducing the storage capacity and impeding water infiltration. Periodic inspections, cleaning, and sediment removal may be necessary to maintain optimal performance. Potential vector (mosquito) and odor impacts may occur if the proposed drywell is not regularly meniotned. c. Encroachment Issues: Similar to Alternative 1, Alternative 2 faces the challenge of encroaching private improvements within the alley. Coordination with property owners, acquisition of easements, or design adjustments may be required to accommodate existing structures and ensure a proper installation of the storm drain facility. d. Safety concerns: Working in a steep, heavily vegetated alley with encroaching private improvements carries safety risks for construction crews. Adequate safety measures must be implemented to protect workers and minimize the risk of accidents or damage to private property.
e. Limited Runoff Treatment: While drywells promote infiltration and natural filtration, they provide limited treatment capabilities compared to more advanced stormwater management techniques. If the runoff contains significant pollutants or contaminants, 12 October 2, 2023 Item 17
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additional treatment measures may be required before discharge into the drywell or the existing storm drain system.
f. The existing electrical facility, located east of the sidewalk along Camino del Mar, will need to be partially reconstructed to accommodate the proposed curb outlet for the 6” HDPE pipe. Note, this would not be necessary in Alternative 1 since the pipe would travel under the electrical facility.

In summary, constructing a drywell to intercept the majority of the runoff generated by new alley improvement, along with constructing an overflow 6" HDPE storm drain system and extending a new public storm drain facility, offers benefits such as efficient runoff management, environmental sustainability, adaptability to challenging terrain, durability, and costeffectiveness. However, challenges including limited infiltration capacity, maintenance requirements, encroachment issues, accessibility constraints, and potential utility interference should be carefully assessed and addressed during the planning and implementation stages.

Conducting thorough site evaluations, coordinating with residents, and ensuring proper maintenance procedures are essential to the successful implementation and long-term functionality of the proposed high-capacity drywell storm drainage facility.

Anticipated Cost: $538,630
Figure 4. Alternative 3 Concept Sketch
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Figure 5. Standard Drywell Detail
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f. Preliminary Cost Estimate
Cost estimates for each option are provided in Table 3 below.

Table 3. Cost Estimate for 3 Alternatives
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Hoska Alley Drainage Alternatives Analysis
September 22, 2023
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g. Hoska Alley Surface Improvements

16 October 2, 2023 Item 17
Hoska Alley Drainage Alternatives Analysis
September 22, 2023
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h. Discussion and Recommended Alternative
In a virtual meeting held on August 19, 2023, between City of Del Mar representatives and Michael Baker International, the decision was reached by the City to proceed with the implementation of Alternative Two for a drainage facility project. Alternative Two entails the removal of the current drainage structure situated at the end of a proposed alley enhancement, to be replaced by a new double-type "I" catch basin conforming to San Diego Regional Standard Drawings (SDRSD) D-29.

The new catch basin will be connected to a 10" HDPE (High-Density Polyethylene) pipe. This pipe will be routed through a non-improved, steep, and densely vegetated alley, complicated by encroachment of existing private structures that infringe upon the area. The intended storm drain installation will extend down this unimproved alley to an electrical facility positioned to the east of the sidewalk along Camino Del Mar.

To facilitate the implementation of the shallow 10" HDPE pipe and the projected double curb outlet onto Camino Del Mar, the existing electrical and telecommunications infrastructure, currently safeguarded by an existing retaining wall, will necessitate relocation after being removed.

The choice of Alternative Two results from careful deliberations during the virtual meeting and considerations of the project's engineering feasibility, environmental impact, and alignment with local standards. This alternative addresses drainage requirements and infrastructure improvements while navigating the challenges posed by the existing landscape and encroachments by private structures.

The justification for the elimination of Alternative One was to reduce the cost and traffic impacts associated with construction within Camino Del Mar. Similarly, Alternative Three was eliminated due to higher maintenance cost associated with the drywell system and the additional cost of obtaining a geological evolutional to determine the permeability of the soil for the proposed drywell system.

In conclusion, Alternative Two has been selected as the preferred course of action for construction. It presents a comprehensive solution to drainage needs, integrating modern standards and accommodating the existing urban context. the Through the coordination of City and Michael Baker representatives, this decision sets the stage for the successful implementation of the project while enhancing the overall infrastructure and stormwater management in the area.
17 October 2, 2023 Item 17
Hoska Alley Drainage Alternatives Analysis
September 22, 2023
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Attachment 1 Hydrology Calculations
This limited hydrology review for Hoska Alley has been prepared to analyze the hydrologic characteristics of the existing and proposed project site. These calculation presents both the methodology and the calculations used for determining the storm water runoff from the project site in the pre-developed (existing) conditions and the post-developed (proposed) conditions produced by the 10-year, 25-year and 100-year, 6-hour storm event.

Area weighted runoff coefficients were calculated using the methodology described in section 3.2.1 of the San Diego County Hydrology Manual and Table 3-1 Runoff Coefficients for Urban Areas. Using the Rational Method Procedure outlined in the San Diego County Hydrology Manual Calculations – Existing
Q = CIA
Where:

Q = The anticipated runoff in CFS (cubic feet per second) C = runoff coefficient, ratio of rainfall that produces storm water runoff (runoff vs. infiltration/evaporation/absorption/etc.). The C value used for the existing land-use and unimproved alley was derived from the San Diego County Hydrology Manual Table 3-1. The Land-Use of Low Density Residential (2.9 Dwelling Units per acre or less) with Soil Type B resulted in a value of C = 0.41.

I = average rainfall intensity for a duration equal to the Tc for the area (in/hr) = 7.44   

.

Where;
P6 = Adjusted 6-hour storm rainfall amount (inches)
P6, 10-Year = 1.6”
P6, 25-Year = 2.0”
P6, 100-Year = 2.5”
D = Time of concentration (min) = 5 min
A = Drainage Area contributing to the Basin (acres) = 34,276 SF = 0.79 AC 
= 0.41  7.44  1.6  5

.

  0.79 = .  



= 0.41  7.44  2.0  5

.

  0.79 = .  



= 0.41  7.44  2.5  5

.

  0.79 = !.  

Calculations – Proposed
Q = CIA
Where:

Q = The anticipated runoff in CFS (cubic feet per second) 18 October 2, 2023 Item 17
Hoska Alley Drainage Alternatives Analysis
September 22, 2023
16 | P a g e
C = runoff coefficient, ratio of rainfall that produces storm water runoff (runoff vs. infiltration/evaporation/absorption/etc.). The C value used for the proposed condition was derived using a weighted average of the existing land-use C value (0.41) and the proposed paved road right-of-way landuse C value (0.87) using Soil Group B. See drainage area (A) calculation below. The following C value calculation was used;
" =
0.63  0.41 + 0.16  0.87

0.79 = 0.50
I = average rainfall intensity for a duration equal to the Tc for the area (in/hr) = 7.44   

.

Where;
P6 = Adjusted 6-hour storm rainfall amount (inches)
P6, 10-Year = 1.6”
P6, 25-Year = 2.0”
P6, 100-Year = 2.5”
D = Time of concentration (min) = 5 min
A = Drainage Area contributing to the Basin (acres) = 34,276 SF = 0.79 AC Low Density Residential = 27,276 SF = 0.63 AC
Paved Road Right-of-way = 7,000 SF = 0.16 AC

= 0.50  7.44  1.6  5

.

  0.79 = .  



= 0.50  7.44  2.0  5

.

  0.79 = !.  



= 0.50  7.44  2.5  5

.

  0.79 = !. &' 

References
“San Diego County Hydrology Manual”, revised June 2003, County of San Diego, Department of Public Works, Flood Control Section.

Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture.

Web Soil Survey. Available online at http://websoilsurvey.nrcs.usda.gov. 19 October 2, 2023 Item 17
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us October 2, 2023 ATTACHMENT B
Michael Baker International SENT VIA EMAIL
Attn: Tim Thiele
5050 Avenida Encinas, Suite 260
Carlsbad, CA 92008
[email protected]
RE: TASK ORDER & NOTICE TO PROCEED FOR THE HOSKA ALLEY DEVELOPMENT – PHASE II ENGINEERING DESIGN SERVICES (ACCOUNT 40.7000.7047) This Task Order (TO) and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Consulting Services Agreement between the City of Del Mar and Michael Baker International (Consultant), the term for which is December 7, 2020, to December 7, 2023.

Consultant shall execute tasks related to the Hoska Alley Development, as described in the Consultant’s proposal dated August 31, 2023, and included as Exhibit 1 to this Task Order. The project cost for this Task Order shall not exceed $41,100. The project schedule shall commence upon execution of this Task Order/Notice to Proceed, and shall be completed by April 30, 2024, to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit 1.

The primary City contact for this Task Order and invoicing is Martin Boyd, Project Manager II, who can be reached at [email protected] and (858) 375-9531.

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

Approved by: Accepted by:

City of Del Mar Michael Baker International
_____________________________________ _______________________________________ Ashley Jones Date Tim Thiele Date
City Manager Vice President
cc: Joe Bride, Public Works Director
Martin Boyd, Project Manager II
Mariel Cairns, Management Analyst
Exhibit 1: MBI Proposal for Hoska Alley Drainage Plan and Revision of Hoska Alley Improvement Plans
20 October 2, 2023 Item 17
5050 Avenida Encinas, Suite 260 | Carlsbad, CA 92008
Office: 760.476.9193 | Fax: 760.476.9198
August 31, 2023
Martin Boyd
Project Manager
City of Del Mar
2240 Jimmy Durante Boulevard
Del Mar, CA 92014
Re: Hoska Alley Drainage main line extension and Alley Plan Modification Dear Martin:

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

Attached is our Scope of Services, Exhibit A; Proposed Compensation, Exhibit B; and an identification of certain items not contained in our Scope of Services, Exhibit C.

We appreciate the opportunity to provide this proposal and look forward to continuing our valued relationship with you. Please feel free to call if you have any questions.

Below is a summary of the anticipated costs associated with the tasks:

Our staff is ready to commence upon your approval of our scope of services. If you have any questions about this scope of services or fee estimate, please feel free to contact me at 858-442- 5597.

Sincerely,
Tim Thiele, PE
Contract Manager
EXHIBIT 1
21 October 2, 2023 Item 17
City of Del Mar
August 31, 2023
Hoska Alley Drainage Page 1
City of Del Mar As-Needed Professional Services Agreement Proposal for Hoska Alley Drainage plan and revision of existing Hoska Alley Improvement Plans
Project Understanding
Hoska Alley and the surrounding area between 8th and 9th Streets in the City of Del Mar has resident encroachments and experienced erosion and drainage concerns. Michael Baker International will design a storm drain facility based on Alternative 2 of assessment memo prepared for the City of Del Mar. The following provides the tasks needed to complete this scope of work.

Scope of Services
This scope has been prepared in response to the City’s request presented on our phone conversation on August 18th. The following scope has been developed based on our knowledge of the area, our understanding of the City’s needs, and on our experience with similar projects.

Task 1: Topographic and Boundary Survey
Task 1.1 Topography
Michael Baker will provide field surveys and topographic mapping by conventional ground survey. The scope provided here is suitable for planning purposes:
• Research survey maps filed at the County Surveyor’s Office. • Perform field surveys of geodetic control, City benchmark to meet project datum of NGVD29 and NAD83 per City of Del Mar Record of Survey 12921. • Survey ground sufficient to obtain 1-foot ground contours, fixed features such as concrete, fences, buildings, retaining walls, visible utilities, and trees having a trunk diameter of 8 inches or larger.
• Perform a field boundary survey of existing survey monuments needed to establish the project rights of way.
• Provide a topographic survey at 1” = 20’ scale with 1 - foot contours of the property and adjacent existing improvements.
• Provide topographic map of the project site, at 1” = 20’ scale with one-foot contour intervals including flight plan preparation, layout of ground control targets, field surveying services to set ground control panels, aerial photogrammetric services, and a compilation of planimetric and topographic features from controlled stereo par photographs to digital medium.

Task 1.2 Boundary
Michael Baker will prepare base mapping files for use in planning and preliminary design. The services of preparing a mapping base will include:
22 October 2, 2023 Item 17
City of Del Mar
August 31, 2023
Hoska Alley Drainage Page 2
• Monuments found to establish the project boundary/rights of way. • Alley right of Way lines at the site with bearings and distances. • Mapping reference information regarding the subject and adjoining parcels. • Easements only if shown on record maps.

This scope and fee exclude the preparation of a Record of Survey. Should a Record of Survey become necessary, that will be negotiated under separate agreement.

Field survey results can trigger Conditions pursuant to Section 8762 of the Business and Professions Code (Land Surveyor’s Act), State of California, that can require a Record of Survey to be filed if a field boundary survey is performed and there exist: any material discrepancies in the survey are discovered, monuments are set for property corners, or lines are established that are not already established on recorded maps. The Owner is hereby notified that a Record of Survey is required to be filed with the County Surveyor’s Office and recorded for this project site.

Task 2: Hydrology & Hydraulics Report and SWMP
Task 2.1 Hydrology and Hydraulics Report
The Consultant will amend the hydrology and hydraulics report to include calculations that were prepared for the new storm drain facility.

The Hydrology & Hydraulics Report for Hoska alley storm drain with evaluate the 2-year, 25-year; and 100-year design events. The updated report will include:
• Additional, detailed hydrologic analysis of areas tributary Hoska Alley, both in the existing and proposed conditions
• Flooded width analyses of new catch basins to intercept flows from proposed improvements.
• Hydraulic analysis of proposed storm drain system in Hoska Alley • Coordination between the final drainage plans.

Task 2.2 Standard Storm Water Management Plan
The Consultant will revise the existing Standard Storm Water Management Plan (SWMP). The previous SWMP did not include areas and exhibits of the proposed new storm drain facility.

Task 3: Engineers Estimate
The consultant will update the Engineers estimate to reflect the additional drainage infrastructure. The pipe costs will reflect the depth of pipe and anticipated restraints of the site conditions. Other items such as pavement areas, additional improvements will be updated as a result of this new design.
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City of Del Mar
August 31, 2023
Hoska Alley Drainage Page 3
Task 4: Revisions to Improvement Plans
Consultant will revise the 100% plans to the Hoska Alley to include the new inlets and the proposed 10” HDPE to Camino Del Mar, together with outlet structure. Changes will affect the following plan sheets:
• Demolition Plans
• Street and Utility Improvement Plans
• Plan and profile sheets
• Cross-Sections
Upon editing the plans, the consultant will also update the Civil 3d Model that generates the contours and quantities on the estimate.

Consultant shall incorporate any redesign prepared by the utility agencies of the existing utility area along Camino Del Mar, into the plan set. However, negotiations and extensive coordination with the utility purveyor within the utility area is not part of this scope of work.

Task 5: Revisions to Specifications
The consultant will update the bid schedule and special provisions. The documents shall be coordinated with the latest 100% design plans. This specification and estimate package shall also be coordinated with design changes comments.

Additional Services
Services which are not specifically identified herein as services to be performed by Consultant or its consultants are considered "Additional Services" for purposes of this Agreement. Client may request that Consultant perform services which are Additional Services, however, Consultant is not obligated to perform such Additional Services unless an amendment to this Agreement has been fully executed setting forth the scope, schedule and fee for such Additional Service.

In the event Consultant performs Additional Services at the Client’s request before receipt of such executed amendment, Client acknowledges its obligation to pay for such services at Consultant's standard rates, within 30 days of receipt of Consultant's invoice.

Assumptions
Consultant's obligations are based upon the following understanding:
1) Update the GIS data base is not part of this scope of work. 2) District shall provide the Consultant with digital and hard copies of water service data require complete task one.
24 October 2, 2023 Item 17
City of Del Mar
August 31, 2023
Hoska Alley Drainage Page 4

EXHIBIT B
Compensation
Michael Baker proposes to complete the work outlined in Scope of Services and invoice the City monthly on a percentage of completion basis in accordance with the following cost estimate:

TASKS and ANTICIPATED COSTS
Task 1: Topographic and Boundary Survey $11,000
Task 2: Hydrology & Hydraulics Report and SWMP $4,200
Task 3: Engineers Estimate $1,800
Task 4: Revisions to Improvement Plans $19,300
Task 5: Revisions to Specifications $3,800
SUBTOTAL: $40,100
REIMBURSABLES $1,000
TOTAL $41,100

EXHIBIT C
Specific Exclusions
1) Pot Holing
2) Negotiating on behalf of the Agency for coordination of utility relocation 3) Preparation of any exhibits not mentioned above.
4) Traffic Control Plans.
5) Negotiating and coordinating with City residents over encroachments within City rightof-way. 6) Construction support.
7) Anything not specifically included in this proposal. 25 October 2, 2023 Item 17
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable City Council Members
FROM: Mayor Tracy Martinez and Councilmember Dwight Worden Via Ashley Jones, City Manager
DATE: October 2, 2023
SUBJECT: Consideration of City Council Meeting Schedule Change REQUESTED ACTION/RECOMMENDATION:

Mayor Martinez and Councilmember Worden recommend that the City Council evaluate the current meetings days, which are the 1
st and 3rd Mondays of each month, as set forth in the
Del Mar Municipal Code (DMMC) and discuss whether there is an interest among a majority of the Council to implement changes.

DISCUSSION/ANALYSIS:

Earlier this year, Mayor Martinez expressed an interest in evaluating the current City Council regular meeting days identified in the City’s Municipal Code to determine whether a majority of the City Council would be interested in making any changes. At that time, Councilmember Worden agreed to second the request, noting that he didn’t know whether he’d be interested in making a change, but was willing to have a discussion among the Council.

Background
From 1959 (Ordinance 1) through May 1981, the Del Mar City Council met on Tuesdays. On May 19, 1981, the City Council adopted Ordinance 322, which amended the regular meeting day from Tuesday to Monday, among other changes. Since then various ordinances have amended DMMC 2.20.040 to alter the Council meeting frequency, start time, and location, such as when the Town Hall was completed.

DMMC Section 2.20.040(A), states that, “Regular meetings of the City Council shall be held on the first and third Monday of each month,” and further states that, “The City Council may, by resolution, designate another date, time, and location for a regular meeting.” Each year, the City Council adopts a Resolution setting the regular meeting schedule with most meetings being on the 1st and 3rd Monday of each month. However, the City Council does deviate from this schedule to accommodate holidays and to facilitate a Council recess in August. 1 October 2, 2023 Item 18
City Council Agenda Report
Evaluation of City Council Meeting Day
October 2, 2023

Information for Consideration
To assist the City Council with this discussion, staff provided some information below for the Council to take into consideration when determining whether or not to amend the current Council regular meeting schedule.

Regional Survey - Council Meeting Schedules
Staff surveyed the nineteen (19) other cities/County in San Diego and determined that a majority of these agencies hold meetings on Tuesday. The breakdown is eleven (11) jurisdictions hold meetings on Tuesdays (12 including the City of San Diego), six (6) hold meetings on Wednesday. Other than the City of Del Mar, only the City of San Diego meets on Monday and San Diego meets on Tuesdays as well. Given this regional data, moving to a Tuesday Council meeting schedule would better align the Council meeting schedule with the majority of agencies in the region.

Administrative Amendments & Timing
If the City Council wishes to transition to a different meeting day, staff recommends that the transition be on a trial basis for 2024, similar to what the City did when the meeting start time was moved from 6:00 p.m. to 4:30 p.m. The Council could adopt a resolution setting the 2024 City Council meeting schedule, and evaluate whether to make the change permanent prior to the end of the calendar year. Additionally, staff would need to coordinate any change to the Council meeting schedule with Del Mar Television to ensure they are available and adequately staffed to broadcast on alternative Council meetings days.

To formally change the City Council regular meeting schedule on a permanent basis an ordinance amending DMMC 2.20.020 must be adopted by the City Council. Based on public noticing requirements for adoption of an ordinance, the earliest date to bring an ordinance forward for introduction would be November 13, 2023, with the second reading and adoption on December 4, 2023. The ordinance would not be effective until 30 days after adoption, which would be January 4, 2024.

Lastly, if the meeting date is changed, the City will need to conduct a review of City Council policies and resolutions that may need to be updated to reflect the new meeting date. As an example, City Council Policy 107 - No Scheduled Council Meeting the Day Prior to City Election Day would need to be amended.

Public Outreach
The City’s website and other public facing documents would need to be amended to reflect a change in the City Council meeting days. The public is used to the City Council’s Monday meeting schedule and staff anticipates a robust public outreach effort would be needed to inform the public of this change. The Del Mar Weekly, e-blasts, notice in the paper, and website updates could all be used to get the word out.

Potential Impact to Other Public Meetings
Staff also assessed how changing the City Council meeting day may impact other City and/or regional public meetings. Staff assessed whether any regional meetings, such as the North 2 October 2, 2023 Item 18
City Council Agenda Report
Evaluation of City Council Meeting Day
October 2, 2023

County Transit District and San Diego Association of Governments (SANDAG) would conflict with a Tuesday or Wednesday meeting schedule.

With regard to a Tuesday meeting schedule, the only conflict identified by staff is with the CSA-17 Advisory Committee meetings, which are held the first Tuesday of every month at 4:00 pm. Other meeting schedules to be aware of are the City’s Planning Commission, who meets the second Tuesday of each month, and the Design Review Board who meets the fourth Wednesday of each month. Other City committee schedules that could be impacted, but easily addressed, are the Traffic and Parking Advisory Committee (TPAC) who typically meet on a third Tuesday of the month on a quarterly basis, and the Finance Committee, who typically meets on a fourth Tuesday of the month on a quarterly basis.

City Council & Public Agenda Review
More and more often, staff are being heavily impacted by receiving Council questions and public red dots on Monday mornings or later, with little time to evaluate and respond prior to the Council meeting on Monday afternoon. If meetings were adjusted to another day such as Tuesday, this would provide the Council with more time to review the agenda packet, and staff would have additional time to respond to Council questions, red dots, adjust presentations in response to incoming communications, and be better prepared for the Council meeting overall. However, if the Council meeting day is adjusted, staff would request that the Council commit to providing all agenda related questions to staff no later than 1 p.m. the day prior to the meeting. For example, 1 p.m. Monday would be the cut off for the Tuesday Council meeting.

Additionally, if the Council meeting date were to change, the City would plan to continue with the practice of holding closed session prior to the regularly scheduled Council meeting, and staff would plan to continue to distribute the agenda packet on Wednesdays prior to the Council meeting.

FISCAL IMPACT:

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

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.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

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

ATTACHMENTS:

Attachment A - DMMC 2.20.040 Regular Meetings
3 October 2, 2023 Item 18
TITLE 2 - ADMINISTRATION
Chapter 2.20 CITY COUNCIL
Del Mar, California, Municipal Code Created: 2023-08-03 10:25:06 [EST] (Supp. No. 8, Update 1)

Chapter 2.20 CITY COUNCIL

2.20.010 Election and Tenure.

The electors of the City of Del Mar shall elect Councilmembers at the General Municipal Election held every two years. The General Municipal Election shall be consolidated with the Statewide General Election held in November of even numbered years. Councilmembers shall serve a term of four years, staggered to result in two seats being open at one election and three seats being open at the next election. (Ord. No. 322; Ord. No. 371; Ord. No. 680)

2.20.020 Presiding Officer.

A. City Council shall meet at their usual place of meeting on the first Tuesday in December after the General Municipal Election, provided that the Elections Official has certified the election, and shall pass a resolution reciting the fact of the election, shall install the newly elected officers and shall choose one of its members as Mayor and one of its members as Deputy Mayor.

B. The Mayor, and the Deputy Mayor, shall serve a term of one year, or until a successor for each position is chosen. Three affirmative votes shall be required to choose or change the Mayor or Deputy Mayor.

C. In addition to the powers and duties of a Councilmember, the Mayor, or in the Mayor's absence, the Deputy Mayor, shall be the presiding officer of the City Council. (Ord. No. 680)

2.20.030 Compensation.

A. Councilmembers shall receive a salary of $300.00 per month. (Adopted by a vote of the people 4/12/1988.) B. Upon the submission of an itemized account, any Councilmember may be reimbursed for the actual and necessary expenses incurred in the performance of official duty.

2.20.040 Regular Meetings.

A. Regular meetings of the City Council shall be held on the first and third Monday of each month, commencing at 4:30 p.m. in the Town Hall, 1050 Camino del Mar. If a regular meeting falls on a holiday, the regular meeting shall be held on the next business day.

B. The City Council may, by resolution, designate another date, time, and location for a regular meeting. (Ord. No. 951 , § 1, 8-5-2019)

2.20.050 Rules of Procedure.

The City Council may, from time to time, adopt by resolution, rules of procedure for the conduct of meetings.

These resolutions shall be compiled and maintained by the City Clerk and made available to the public and to the City Council during every meeting.
4 October 2, 2023 Item 18
Created: 2023-08-03 10:25:06 [EST]
(Supp. No. 8, Update 1)

2.20.060 Orderly Conduct.

A. Any person who fails to comply with a direction given by the presiding officer for the purpose of maintaining order at a City Council meeting shall be guilty of a misdemeanor.

B. All persons shall comply with the meeting procedures announced by resolution of the City Council and no person shall interfere with or interrupt a City Council meeting.

C. The presiding officer may designate a member of the County Sheriff's Department as Sergeant at Arms who shall carry out the directions of the presiding officer, to include making arrests as directed by the presiding officer.
5 October 2, 2023 Item 18