Del Mar City Council
October 16, 2023

Housing Element Program 2A commits the City to consider and adopt, by December 2023, an ordinance to create new incentives to facilitate production of low-income units.

The intent per the Housing Element is to amend and extend applicability of the ADU Incentive Program to increase participation as necessary to produce at least 15 low income ADUs by April 2029. The proposed new incentives will also support implementation of related strategies including the following Housing Element Programs:
• Program 2B (ADU Amnesty Program) strategy to identify existing ADU units that were constructed without obtaining City permits, and have not been counted towards the City’s housing stock, and legalize the units as necessary to count the units as new low-income and moderate-income units towards the City’s housing obligation;
• Program 5A (Preservation of Existing Multi-Unit Housing) to provide incentives for owners of existing apartments and condominiums to create low-income units within existing older apartment and condominium buildings that can be counted towards the City’s affordable housing obligation in exchange for the owner’s ability to add small market rate units to the development where granted as an incentive; and • Program 6B (Affirmatively Furthering Fair Housing) to create new housing options per the Housing Element commitment to create at least 100 new opportunities to improve housing choice and affordability options for moderate income, lower income, and special needs households.

New Incentives to Improve the Existing ADU Incentive Program The goal of the amended ADU Incentive Program is to encourage property owners of multi-unit sites to deed restrict a portion of the units on-site for rent to low income households in exchange for the ability to build a specified number of new market rate units on-site (up to a maximum size of 500 square feet per dwelling unit).

Options for new incentives have been considered and discussed in three prior meetings:

Prior City Council Review - On January 23, 2023, the City Council received a report with the findings of consultant studies (Keyser Marston Associates Inc. and Stephen Dalton Architects) that were completed to identify the financial feasibility related to construction of an ADU and how that relates to the likelihood of an owner choosing to build a deed restricted low-income unit on their property. The consultant teams prepared zoning assessments and economic studies that evaluated the market (regional and local) and comparative financial benefit that may be achieved by owners constructing ADUs on lots under various scenarios (i.e., single dwelling unit lots, two-unit (duplex) lots, and more dense 2 October 16, 2023 Item 07
City Council Agenda Report
ADU Incentives Ordinance
October 16, 2023

apartment/condominium development lots. The financial pro forma models estimate a property owner’s return on investment considering the increased value upon completion of an ADU incentive project under current market conditions and accounting for ADU construction costs (generally estimated to range from $450 to $600 per square foot).

The studies considered ADU development potential allowed per State law; and potential incentives. For reference, maximum rent for a low-income unit in the San Diego region generally was restricted to $1,221 for a 1-bedroom and $1,363 for a 2-bedroom unit in 2022 per State law (California Health and Safety Code Section 50053). The consultant determined financial feasibility by estimating the investment needed to create and maintain a low-income rental unit, and whether the cost-benefit associated with the incentive program requirements would result in sufficient added property value to incentivize property owners to participate.

Key findings of the January 2023 consultant studies relating to incentives are as follows:
• Where a property owner is limited to development of just one ADU restricted for rent to low-income households, it has “very low financial feasibility” associated.
• Where an owner is able to build at least one market rate ADU in addition to one deed restricted low income ADU, it allows the owner to offset the investment needed for the rent restricted ADU which has “high financial feasibility”. • In more dense multi-unit development (i.e., apartments), the feasibility significantly increases when an owner can build new market rate units on-site in underutilized space to offset the investment needed for creation of rentrestricted units. The studies showed this strategy is the most feasible and can most seamlessly yield the highest number of low-income units through associated infill construction efficiencies and cost saving opportunities.

Planning Commission Review (two meetings): On July 11, 2023, the Planning Commission discussed proposed incentives relating to Housing Element Program 2A. Some concerns were expressed about potential impacts to the surrounding neighborhood and whether the City alternatively could just continue to rely on the existing program. The Commissioners generally indicated a preference for the program to have a greater focus on the more dense multi-unit zones and not be applicable in the single unit and duplex zones. Staff revised the ordinance accordingly to limit incentives for R1 single dwelling unit lots and R2/RM (RM-East, RM-West, RM-Central) duplex lots to one bonus Junior ADU (JrADU) located entirely within the walls of the primary dwelling unit structure and a one 500 square foot bonus.
3 October 16, 2023 Item 07
City Council Agenda Report
ADU Incentives Ordinance
October 16, 2023

On September 12, 2023, the Planning Commission considered the amended ADU Incentive Program, as revised to address feedback from the July 11, 2023, public workshop, and voted unanimously to recommend approval to the City Council.

DISCUSSION/ANALYSIS:

State Housing law requires the City to create new opportunities for affordable housing units. The City’s certified Housing Element identifies the ADU Incentive Program as a priority strategy to integrate new moderate income and lower income units throughout the City. One challenge has been that State law already provides generous incentives to property owners for ADU and JrADU development (i.e., streamlined, ministerial review process and minimum size parameters) without an affordability requirement, particularly in single dwelling unit and two-unit zones.

As proposed, the amended ADU Incentive Program would slightly expand upon the existing incentives for single dwelling unit and two-unit zones and offer new incentives in multi-unit zones with greater economic feasibility to help offset the investment needed for creation of rent-restricted units with minimal impacts to the community consistent with the Del Mar Community Plan. There are multiple benefits of the Program including:
• New housing options to help existing households remain living in the community; • New housing options to help new households relocate to Del Mar; • New infill development housing options on the same premises as primary dwelling unit or multiple dwelling unit development;
• New affordable housing in proximity to transit, services, and employers; and • New housing options that reduce vehicle miles traveled (VMT) and greenhouse gas emissions (GHG).

Proposed Incentives for Single Dwelling Unit and Duplex Lots In single dwelling unit and two-unit/duplex zones any property owner that proposes to deed restrict a unit for rent to a lower income household would be eligible for one 500 square foot floor area ratio bonus (existing incentive offered) in addition to a development allowance of one bonus 500-square foot JrADU through the amended ADU Incentive Program. The scope of incentives in this context has been narrowly expanded in order to more seamlessly integrate the unit into the existing development context and minimize impacts to the community.

The proposed incentive program would apply the following additional provisions:
• Allow one 500-square foot bonus JrADU on lots with existing single dwelling unit or duplex development, notwithstanding the parameters under California Government Code Sections 65852.2 (ADU law) and 65852.22 (JrADU law), which only grant a right to JrADUs in single dwelling unit zones. As proposed, the JrADU 4 October 16, 2023 Item 07
City Council Agenda Report
ADU Incentives Ordinance
October 16, 2023

incentive would apply to single dwelling unit lots in the R1-5, R1-5B, R1-10, R1- 10B, R1-14, R1-40, and CVPP zones, and lots that allow duplex development in the R2, RM-West, RM-Central, and RM-East zones.
• Require that the bonus JrADU be limited to a maximum size of 500 square feet and located within the walls of the primary residence or an ADU structure on-site.

As such, there would be no visual change in the structure massing of development already allowed on these lots. Potential impacts to neighboring properties would be minimized. Further, the following table shows that the difference is minimal between the maximum number of units allowed per lot in R1 zones and RM/R2 zones for the ADU Incentive Program compared to the number of units allowed per State ADU law and State Senate Bill 9 (SB 9) law:

Comparison of the Respective Maximum Number of Units per Lot R1 zones RM/R2 zones
ADU Law SB 9 Law ADU Law SB 9 Law
Single Unit
Lot
3 units max
(primary +
one ADU +
one JrADU)
4 units max
(4 primary
units or
2 primary +
2 ADUs)
2 units max
(primary +
one ADU
when the site
is developed
with one
primary unit)
N/A
Duplex Lot N/A N/A 4 units max
(2 primary +
2 ADUs)
N/A
ADU
Incentive
Program Lot
Awarded
Bonus Unit
for Providing
Low Income
Unit
4 units max
(primary +
one ADU +
2 JrADUs)
N/A
(SB 9
projects
already
require one
affordable
unit)
5 units max
(2 primary +
2 ADUs +
one JrADU)
N/A
Proposed Incentives for Existing Dense Multiple Dwelling Unit Lots On more dense multi-unit lots, any property owner that proposes to deed restrict units for rent to lower income households would be eligible for an award of the right to develop bonus units (ADUs or JrADUs) limited to a maximum number of bonus units per project.

The amended ADU Incentive Program would allow for an increase in the number of market rate ADUs that can be developed on a multi-unit lot at a percentage that is 5 October 16, 2023 Item 07
City Council Agenda Report
ADU Incentives Ordinance
October 16, 2023

proportional to help offset the cost associated with creation of rent restricted ADUs. To minimize impacts to the community, the ADU Incentive Program would limit the number of new structures that can be built per lot and require new bonus units to be located in existing structures or consolidated and co-located into a maximum of one new structure.

The multi-unit incentive would apply to eligible properties in the RM (RM-South, RM-West, RM-East, and RM-Central zones), R2, and non-residential zones that allow multi-unit housing (currently North Commercial and Professional Commercial zones). Attachment B to this report provides maps and a table to identify the 25 existing locations in the City that would be eligible for the Program. The City currently has nine apartment complexes (ranging from 12 to 97 units per development) and sixteen (non-duplex) condominium developments (ranging from 5 to 126 units per development). The majority of these sites are located in the RM-South zone (12 properties), with the remaining located in the R2 zone (5 properties), RM-West zone (4 properties) and RM-East zone (4 properties).

Non-conforming properties that are over density would be allowed to participate in the ADU Incentive Program if the proposed development has an on-site property manager.

The RM-South zone is currently developed with several projects that were legally developed at a density that is higher than what is currently allowed by the zone. Similar non-conforming properties are also located in the RM-West, RM-East, and R2 zones.

The City has one non-conforming apartment complex (53 units) located at 526 Camino del Mar in the Visitor Commercial zone that would not be eligible for the Program in order to maintain consistency with the certified LCP, which prioritizes visitor accommodations use (existing land use designation/zoning designation) over the existing non-conforming residential use. In order for this property to be eligible for the ADU Incentive Program in the future, the City would need to process a General Plan Amendment, Rezone, and Local Coastal Program Amendment (amending the land use designation and zoning maps) to change the existing visitor commercial designation to a designation that allows multi-unit residential use. See Attachment C for the associated map and site details.

One bonus unit would be awarded for each low-income unit with a 30-year contract commitment and 1.5 bonus units awarded for units with a 55-year contract commitment.

Owners would be able to designate the new deed restricted low-income units as any of the existing dwelling units and/or any new ADUs or JrADUs created on-site. The following table identifies the number of units that would be allowed per lot for multi-unit projects.

The column indicating the “total maximum new units” accounts for the two detached ADUs allowed per State ADU law plus the bonus units awarded as an incentive per the ADU Incentive Program, and accounts for the fact that deed restricted low-income units would be designated from a combined total of the existing dwelling units on-site and any new units developed on-site (per the ADU Incentive Program and State ADU law). The bonus unit calculation is rounded down to the nearest whole number. 6 October 16, 2023 Item 07
City Council Agenda Report
ADU Incentives Ordinance
October 16, 2023

Proposed Incentives for Existing Dense Multi-Unit Projects Bonus Units Awarded if
30 year commitment
(1:1)
Bonus Units Awarded if
55 year commitment
(1.5:1)
Low
Income
Units
Created
Total
Maximum
New Units
(Includes 2
per law +
bonus)
1 1 1 3
2 3 2 4-5
3 4 3 5-6
4 6 4 6-8
5 7 5 7-9
6 9 6 8-11
7 10 7 9-12
8 12 8 10-14
9 13 9 11-15
10 15 10 12-17
The proposed ADU Incentive Program would apply the following additional provisions:
• Bonus units per the ADU Incentive Program would be in addition to the two detached ADUs allowed for multi-unit development per State ADU law. • Bonus units would be allowed to be developed as ADUs or JrADUs up to a maximum size of 500 square feet, notwithstanding California Government Code Sections 65852.2 (ADU law) and 65852.22 (JrADU law), which only grant a right to a JrADU in single dwelling unit zones and specify other ADU size and location parameters.
• The number of bonus units (ADU or JrADU) awarded as an incentive would be commensurate with the number of low-income units created and the length of time committed to by the property owner for the low-income deed restriction. • A maximum of 15 bonus units per project would limit intensity of new development. • Bonus units would be required to be developed inside the walls of existing buildings on-site in converted or repurposed space and/or within a maximum of one new structure subject to compliance with certified LCP protections for public 7 October 16, 2023 Item 07
City Council Agenda Report
ADU Incentives Ordinance
October 16, 2023

scenic views and environmentally sensitive habitat areas, minimum setbacks, maximum height, and parking standards of applicable base zones/overlay zones. • Development of the bonus units would be exempt from the zone FAR and lot coverage limits and subject to approval via a ministerial permit process in compliance with applicable ADU-related objective standards (exempt from discretionary review).
• Properties with existing non-conforming density would be allowed to participate in the Program consistent with Housing Element Program 5A strategies to preserve existing multi-unit housing stock and create new affordable housing. • The ADU Incentive Program would not expire in order to accommodate flexibility for additional low-income unit capacity consistent with the Housing Element Program 6B Affirmatively Furthering Fair Housing commitments per State law.

City Council adoption of the Ordinance will complete the required Housing Element Program 2A implementation action. It should be noted that the proposed Ordinance does not amend the City’s certified LCP. Therefore, the Ordinance will be effective 30 days after City Council adoption. As stated above, a separate Ordinance/LCP Amendment is simultaneously in process to establish updated local ADU and JrADU regulations in the Del Mar Municipal Code and LCP and includes provisions to confirm the City’s authority to award incentives per the ADU Incentive Program consistent with State law.

HOUSING IMPACT:

The City’s certified Housing Element identifies a need to create at least 113 lower income units and at least 100 additional new opportunities to improve housing choice and affordability options for moderate income, lower income, and special needs households.

The amended ADU Incentive Program is intended to result in creation of at least 15 low income units. This action implements Housing Element Program 2A (Incentive Program to Create Low Income Units) and Program 5A (Preservation of Existing Multi-Unit Housing) and supports related commitments required by Housing Element Program 2B (Amnesty Program) and Program 6B (Affirmatively Furthering Fair Housing).

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council for this agenda item. 8 October 16, 2023 Item 07
City Council Agenda Report
ADU Incentives Ordinance
October 16, 2023

ENVIRONMENTAL IMPACT:

Pursuant to the California Environmental Quality Act (CEQA), the proposed action has been analyzed and determined to be Exempt from CEQA as follows:
• Statutory exemption per Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h) applicable to the adoption of an ADU ordinance to implement the Government Code Section 65852.2 provisions; and • Categorical exemption per CEQA Guidelines Class 1 exemption per Section 15301 (Existing Facilities) because the proposed amendments would allow a negligible expansion of existing residential use in urban, infill locations to accommodate ADUs and accessory bonus units through the proposed incentive program for creation of affordable housing for low income households consistent with the City’s certified Housing Element; Class 2 exemption per Section 15302 (Replacement or Construction) because the proposed amendments would allow new small accessory units and structures only on sites with existing residential development and would maintain substantially the same purpose and capacity; Class 3 (New Construction or Conversion of Small Structures) because the amendments would allow for a limited number of new structures in compliance with the California Government Code mandatory provisions for ADUs, the City’s certified LCP, and other applicable State Housing Law and Coastal Act requirements; and Class 32 (Infill Development Projects) because the proposed development would allow small-scale infill development consistent with the certified Housing Element, would not result in any significant effects to traffic, noise, air quality or water quality, would not be allowed within any locations containing environmentally sensitive habitat for endangered, rare, or threatened species, and would be limited to sites that can adequately be served by public services and utilities.

Notwithstanding applicability of the Statutory and Categorical Exemptions identified above, the proposed action has been the subject of prior environmental analysis in the 6 th Cycle Housing Element Final Program Environmental Impact Report (SCH No. 2020029064) certified by the City Council on October 5, 2020 (Resolution 2020-52), which analyzed and disclosed anticipated impacts of future housing development. Refer to the Final PEIR: www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 No new or substantially greater impacts would result from implementation of the amended ADU Incentive Program. As such, pursuant to CEQA Guidelines Sections 15162 and 15163, and based on the review of the entire record, including without limitation, the Final PEIR referenced above, the proposed action does not require a subsequent EIR or further environmental review.
9 October 16, 2023 Item 07
City Council Agenda Report
ADU Incentives Ordinance
October 16, 2023

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Implementation of Housing Element Programs in accordance with the certified Housing Element is a Tier 1 City Council identified priority for completion in Fiscal Year 2023-2024.

ATTACHMENT:

Attachment A – Ordinance to Amend the ADU Incentive Program Attachment B – Location Map and Table of Existing Eligible Apartment and Condominium Developments
Attachment C – Location Map of Nonconforming Development in VC Zone (Currently Not Eligible)
10 October 16, 2023 Item 07
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, AMENDING THE EXISTING ACCESSORY

DWELLING UNIT (ADU) PILOT PROGRAM BY IDENTIFYING

ADDITIONAL INCENTIVES TO ENCOURAGE PROPERTY

OWNERS TO CREATE DEED RESTRICTED ADUS AND JUNIOR

ADUS AFFORDABLE TO LOWER INCOME HOUSEHOLDS IN
ACCORDANCE WITH THE 6

TH CYCLE HOUSING ELEMENT
PROGRAM 2A
WHEREAS, Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JrADUs) are generally smaller dwelling units that provide for independent living as an accessory use on the same site as a larger primary dwelling unit or multiple dwelling unit development (i.e., duplex, apartments, or condominiums) subject to the regulations set forth in California Government Code Sections 65852.2 and 65852.22; and WHEREAS, the City’s certified Housing Element identifies a need to create at least 113 lower income units and at least 100 additional new opportunities to improve housing choice and affordability options for moderate income, lower income, and special needs households; and
WHEREAS, the Housing Element identifies use of an ADU Incentive Program as a priority strategy to integrate new affordable housing units throughout the City, with minimal impacts, consistent with the Del Mar Community Plan; and WHEREAS, the City Council adopted the existing ADU Incentive Program on May 22, 2018, with extensions thereto adopted on June 1, 2020 and May 16, 2022, to encourage the creation of deed restricted affordable ADUs or JrADUs that the City can count towards the City’s low income unit housing obligation; and WHEREAS, the City’s existing ADU Incentive Program has created only one lowincome unit over a five-year period; and WHEREAS, Housing Element Program 2A commits the City to consider and adopt new incentives by December 2023 to increase ADU Incentive Program participation to produce at least 15 low income ADUs by April 2029; and
WHEREAS, the new incentives will address the Housing Element Program 2A commitment and other related Housing Element strategies including Program 2B (Amnesty Program), Program 5A (Preservation of Existing Multi-Unit Housing), and Program 6B (Affirmatively Furthering Fair Housing) by creating new opportunities to improve housing choice and affordability options for moderate income, lower income, and special needs households; and
WHEREAS, one challenge in creating new incentives for the ADU Incentive Program has been that State law already provides generous incentives for ADU and JrADU development (i.e., streamlined, ministerial review process and minimum size Attachment A
11 October 16, 2023 Item 07
Ordinance No. XXXX

parameters) without an affordability requirement, particularly in single dwelling unit and two-unit zones; and
WHEREAS, on January 23, 2023, the City Council received a report with the findings of consultant studies that were completed to identify the financial feasibility related to construction of an ADU and how that relates to the likelihood of an owner choosing to build deed restricted low income units on their property; and WHEREAS, the amended ADU Incentive Program would slightly expand upon the existing incentives for single dwelling unit and two-unit zones and offer new incentives in multi-unit zones with greater economic feasibility to help offset the investment needed for creation of rent-restricted units with minimal impacts to the community consistent with the Del Mar Community Plan; and
WHEREAS, in single dwelling unit and two-unit/duplex zones any property owner that proposes to deed restrict a unit for rent to a lower income household would be eligible for one 500 square foot floor area ratio bonus and development of one bonus 500-square foot JrADU through the amended ADU Incentive Program; and WHEREAS, in multi-unit zones the amended ADU Incentive Program would allow for an increase in the number of market rate ADUs that can be developed on a multi-unit lot as an incentive that would be awarded proportional to the number of low income units created in order to help offset the cost associated with creation of rent restricted units; and
WHEREAS, the exact income limit for lower income households is based on a combination of federal and state law whereby the United States Department of Housing and Urban Development (HUD) annually sets median family income (MFI) numbers to reflect its Section 8 income limits and changes thereto, and California’s Department of Housing and Community Development then relies on the HUD MFI numbers to annually determine California’s area median income (AMI) limits; and WHEREAS, a lower income household is defined by State law as people or families whose gross income does not exceed 80 percent of AMI and includes low income, very low income, and extremely low income households; and WHEREAS, an “Eligible Household” shall mean a household that has been determined to be eligible to be a tenant of the ADU as a lower income household; and WHEREAS, "Affordable Rent" shall mean the maximum allowable rent for the Accessory Dwelling Unit, equal to one-twelfth (1/12th) of thirty percent (30%) of seventy percent (70%) of the Median Household Income, adjusted for assumed household size of two persons in a one-bedroom or three persons in a two-bedroom.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar, California, does hereby ordain as follows:
12 October 16, 2023 Item 07
Ordinance No. XXXX

SECTION ONE:

An applicant for the ADU Incentive Program shall submit the City’s universal development application and the Accessory Dwelling Unit application forms. The application forms shall identify the proposed development, including specification of the number of proposed deed restricted lower income units, identification of which units on-site are proposed as income restricted units, and identification of whether the units will be deed restricted for a minimum of 30 years or 55 years. Property owners who meet the requirements of the ADU Incentive Program commitment shall be granted incentives to help the owner offset the investment needed for creation of rent restricted units as set forth in Sections Two and Three of the Ordinance.

SECTION TWO:

The applicant shall demonstrate how the proposed development complies with the following provisions of the ADU Incentive Program applicable to proposed development in single dwelling unit and two-unit/duplex zones. Development is eligible where proposed on single dwelling unit lots in the R1-5, R1-5B, R1-10, R1-10B, R1-14, R1-40, and CVPP zones, and where proposed on lots that allow duplex development in the R2, RM-West, RM-Central, and RM-East zones.

In single dwelling unit and two-unit/duplex zones, a property owner that proposes to deed restrict a unit for rent to a lower income household is eligible for the following incentives subject to requirements that the bonus JrADU be limited to a maximum size of 500 square feet and located in the walls of the primary residence or existing ADU structure on-site:
• One 500 square foot floor area ratio bonus that may be used to expand the existing primary unit development on the lot subject to Design Review Board approval; and an
• Allowance to develop one bonus 500-square foot JrADU subject to ministerial ADU permit approval, notwithstanding the parameters under California Government Code Sections 65852.2 (ADU law) and 65852.22 (JrADU law), which only grant a right to JrADUs in single unit zones.

SECTION THREE:

The applicant shall demonstrate how the proposed development complies with the following provisions of the ADU Incentive Program applicable to proposed development in the Medium Density Mixed Residential (RM-East, RM-West, and RM-Central) zones, Medium Density Multiple (RM-South), High Density Mixed Residential (R2) zone, and non-residential zones (North Commercial and Professional Commercial) with more dense development (five or more units). Development in the Visitor-Commercial zone is not eligible for the Program. The applicant can be the owner, or owner’s representative, and can include lots that are developed with apartments or condominium units. 13 October 16, 2023 Item 07
Ordinance No. XXXX

On eligible properties with more dense development (five or more units), a property owner that proposes to deed restrict units for rent to lower income households is eligible for incentives allowing for an increase in the number of market rate units can be developed subject to requirements as follows:
• Owners shall designate the new deed restricted low-income units as any of the existing dwelling units and/or any new units proposed to be created on-site. • Non-conforming properties that are over density are allowed to participate in the ADU Incentive Program if the proposed development has an on-site property manager.
• The number of bonus units (ADU or JrADU) awarded as an incentive would be commensurate with the number of low-income units created and the length of time committed to by the property owner for the low-income deed restriction. One bonus unit shall be awarded for each low-income unit with a 30-year contract commitment and 1.5 bonus units awarded for units with a 55-year contract commitment, up to a maximum of 15 bonus units per project. Bonus units per the ADU Incentive Program would be in addition to the two detached ADUs allowed for multi-unit development per State ADU law.

The following table identifies the number of units allowed per lot for multi-unit projects. The column indicating the “total maximum new units” accounts for the two detached ADUs allowed per State ADU law plus the bonus units awarded as an incentive per the ADU Incentive Program, and accounts for the fact that deed restricted low-income units would be designated from a combined total of the existing dwelling units on-site and any new units developed on-site (per the ADU Incentive Program and State ADU law). The bonus unit calculation is rounded down to the nearest whole number.

Proposed Incentives for Existing Dense Multi-Unit Projects Bonus Units Awarded
if 30 year commitment
(1:1)
Bonus Units Awarded
if 55 year commitment
(1.5:1)
Low
Income
Units
Created
Total Maximum
New Units
(Includes two
per State law +
bonus units)
1 1 1 3
2 3 2 4-5
3 4 3 5-6
4 6 4 6-8
5 7 5 7-9
6 9 6 8-11
7 10 7 9-12
8 12 8 10-14
9 13 9 11-15
14 October 16, 2023 Item 07
Ordinance No. XXXX

10 15 10 12-17
• Development of bonus units is subject to approval of a ministerial permit process in compliance with applicable ADU-related objective standards (exempt from discretionary review) and the following requirements:
o Bonus units would be allowed to be developed as ADUs or JrADUs up to a maximum size of 500 square feet, notwithstanding California Government Code Sections 65852.2 (ADU law) and 65852.22 (JrADU law), which only grant a right to a JrADU in single dwelling unit zones and specify other ADU size parameters that are not applicable to the ADU Incentive Program. o Bonus units would be required to be developed inside the walls of existing buildings on-site in converted or repurposed space and/or within a maximum of one new structure subject to compliance with certified Local Coastal Program protections for public scenic views and environmentally sensitive habitat areas, minimum setbacks, maximum height, and parking standards of applicable base zones/overlay zones.
o Development of the bonus units is exempt from the zone FAR and lot coverage limits.
o Development of new structures shall be minimized. The bonus units shall be located in existing structures or consolidated and co-located into a maximum of one new structure.

SECTION FOUR:

The property owner shall record a deed restriction to memorialize the owner’s commitment to rent deed restricted ADUs or JrADUs at an “affordable rent” for the specified minimum number of years to any “eligible household”. The deed restriction shall ensure that the deed restricted ADUs or JrADUs are maintained as continuously available for rental and occupancy as low income affordable units, that the deed restricted ADUs or JrADUs shall not be rented at market rate during the deed restricted time period, and that the deed restricted ADUs or JrADUs shall not be used for any other purpose than rental and occupancy as low income affordable units.

SECTION FIVE:

State law requires that the City provide an annual report to California’s Department of Housing and Community Development by April 1 of each year to report on the status of the City’s progress in meeting its regional housing obligation and in the implementation of adopted Housing Element goals. The property owner shall agree to provide annual reports by February 1 that identify the status of the deed restricted ADUs or JrADUs.

Annual reports from the owner shall identify the total time rented during the prior calendar 15 October 16, 2023 Item 07
Ordinance No. XXXX

year, the rent collected, and shall include a statement of qualifying tenant income to demonstrate compliance with the maximum 80% area median income requirement.

SECTION SIX:

Lots that are developed to the maximum floor area of the applicable zone or that are legal non-conforming (i.e., non-conforming density) are eligible to participate in the ADU Incentive Program.

SECTION SEVEN:

The City shall have the authority to invoke the remedies and enforcement penalties for violation of this ordinance as set forth in Chapter 1.08, or any successor section thereof, of the Del Mar Municipal Code. Breach of any agreement entered into arising from this ordinance shall be considered a violation of this Ordinance. Notwithstanding the foregoing, the City shall also have the right to sue a property owner, for breaching the contract required by this ordinance, in the applicable state or federal court, not only for damages, but for specific performance of the contract. Nothing set forth in this Section shall serve to limit any other remedies available to the City at law or in equity and the City shall have the right to pursue all available remedies.

SECTION EIGHT:

Pursuant to the California Environmental Quality Act (CEQA), the proposed action has been analyzed and determined to be Exempt from CEQA as follows:
• Statutory exemption per Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h) applicable to the adoption of an ADU ordinance to implement the Government Code Section 65852.2 provisions; and • Categorical exemption per CEQA Guidelines Class 1 exemption per Section 15301 (Existing Facilities) because the proposed amendments would allow a negligible expansion of existing residential use in urban, infill locations to accommodate ADUs and accessory bonus units through the proposed incentive program for creation of affordable housing for low income households consistent with the City’s certified Housing Element; Class 2 exemption per Section 15302 (Replacement or Construction) because the proposed amendments would allow new small accessory units and structures only on sites with existing residential development and would maintain substantially the same purpose and capacity; Class 3 (New Construction or Conversion of Small Structures) because the amendments would allow for a limited number of new structures in compliance with the California Government Code mandatory provisions for ADUs, the City’s certified LCP, and other applicable State Housing Law and Coastal Act requirements; and Class 32 (Infill Development Projects) because the proposed development would allow small-scale infill development consistent with the certified Housing Element, would not result in any significant effects to traffic, noise, air quality or water quality, would not be allowed within any locations containing environmentally sensitive habitat for endangered, rare, or threatened 16 October 16, 2023 Item 07
Ordinance No. XXXX

species, and would be limited to sites that can adequately be served by public services and utilities.

Notwithstanding applicability of the Statutory and Categorical Exemptions identified above, the proposed action has been the subject of prior environmental analysis in the 6th Cycle Housing Element Final Program Environmental Impact Report (SCH No. 2020029064) certified by the City Council on October 5, 2020 (Resolution 2020-52), which analyzed and disclosed anticipated impacts of future housing development. Refer to the Final PEIR: www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 No new or substantially greater impacts would result from implementation of the amended ADU Incentive Program. As such, pursuant to CEQA Guidelines Sections 15162 and 15163, and based on the review of the entire record, including without limitation, the Final PEIR referenced above, the proposed action does not require a subsequent EIR or further environmental review.

SECTION NINE:

This Ordinance was introduced by the City Council on October 16, 2023.

SECTION TEN:

The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.

SECTION ELEVEN:

If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance.

SECTION TWELVE:

Upon adoption, the Ordinance will take effect and be in force 30 days from the date of City Council adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California at a regular meeting held on the 13
th day of November, 2023.
______________________________
Tracy Martinez, Mayor
City of Del Mar
17 October 16, 2023 Item 07
Ordinance No. XXXX

APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar

ATTEST AND CERTIFICATION

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. ____, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 13 th day of
November, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
City of Del Mar
18 October 16, 2023 Item 07
North Beach Multi-Unit Properties
19 October 16, 2023 Item 07
City Center Multi-Unit Properties
20 October 16, 2023 Item 07
South Stratford Multi-Unit Properties
21 October 16, 2023 Item 07

EXISTING MULIT-UNIT PROPERTIES

ADU INCENTIVE PROGRAM
OCTOBER 2023
Name/Address of Multi-Unit Property # of Units Zone
1 Del Mar Woods Condos 126 RM-South
2 Los Arboles Apts (201 4th Street) 97 RM-South
3 167 4th Street Apts 12 RM-South
4 212 4th Street Condos 18 RM-South
5 424 Stratford Court Condos 38 RM-South
6 425 Stratford Court Apts 18 RM-South
7 510 Stratford Court Apts 48 RM-South
8 515 Stratford Court Condos 10 RM-South
9 519 Stratford Court Condos 18 RM-South
10 460 Camino del Mar Condos 18 RM-South
11 Sea Cliff Way Condos (Stratford Court and Sea Cliff Way) 5 RM-South 12 703 Stratford Court Apts 12 RM-South
13 155 15th Street Apts 28 R2
14 1552 Camino del Mar Condos 24 R2
15 1558 Camino del Mar Condos 20 R2
16 1562 Camino del Mar Condos 36 R2
17 1844 Camino del Mar (Del Mar Villas Condos) 24 R2
18 1735 Coast Blvd Condos 5 RM-West
19 1757 Coast Blvd Condos 10 RM-West
20 1750 Ocean Front Condos 5 RM-West
21 El Adobe Apts (2135 Coast Blvd) 12 RM-West
22 2515 Camino del Mar Apts 14 RM-East
23 Costa Del Rey Condos (2719 Camino del Mar) 16 RM-East 24 Beach Colony Apts (2801 Camino del Mar) 86 RM-East
25 Sandy Pointe Condos (Camino del Mar and 29th Street) 20 RM-East Total Units:
720
22 October 16, 2023 Item 07
Multi-Unit Property in Visitor Commercial (VC) Zone Attachment C 23 October 16, 2023 Item 07
City of Del Mar
Agenda Report
________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Martin Boyd, Project Manager II
Mariel Cairns, Associate Management Analyst
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: October 16, 2023
SUBJECT: Resolution Designating Utility Undergrounding District (UUD) 1B – Stratford Court North
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Conduct a public hearing and adopt the Resolution (Attachment A) designating a certain portion of the City between 11th Street to just north of 15th Street (L’Auberge Del Mar), west of Camino Del Mar to the coast, identified as Underground Utility District (UUD) 1B (Stratford Court North) subject to California Public Utilities Commission (CPUC) Rule 20 in accordance with Del Mar Municipal Code Section

23.54.030; 2) Allocate $445,000 in funding from the Measure Q Fund for the preconstruction activities for UUD 1B (Stratford Court North); 3) Approve a $439,747 Task Order (Attachment B) with Utility Specialists Southwest, Inc. to perform pre-construction services for UUD 1B (Stratford Court North); and 4) Authorize the City Manager to execute the Task Order.

DISCUSSION/ANALYSIS:

Background
The City of Del Mar continues to implement the citywide Undergrounding Project (UP), which will remove utility poles and replace overhead cables for electricity and telecommunications with underground lines.

At City Council meetings held on April 15 and August 5, 2019, staff presented a Project Delivery Plan (Plan) that included a comprehensive set of recommendations from staff and the Undergrounding Project Advisory Committee (UPAC) to accomplish the citywide UP. The City Council adopted the Plan, which also included the designation of City blocks (areas) as Utility Undergrounding Districts (UUDs) (Attachment C), an approach for prioritizing the order for UUD completion, and other guidelines and policies associated with how the project is implemented. The Plan prioritizes UUD work by service density (i.e., number of service connections to number of poles) and fire safety (e.g., in the case of UUD X1A).
1 October 16, 2023 Item 08
City Council Agenda Report
Formation of UUD 1B (Stratford Court North)
October 16, 2023

On February 8, 2023, the Tewa Court/10th Street UUD was the first project completed.

Currently, staff is working on the design and planning for UUDs 1A and X1A, with UUD 1B identified as the next priority area. City Council approved a Task Order with Utility Specialists to perform UUD formation services for UUD 1B on May 15, 2023.

Description of District
UUD 1B (Stratford Court North) includes approximately 40 poles and 4,297 linear feet of overhead conversion to 5,131 linear feet of underground trench from 11th Street to just north of 15th Street (L’Auberge Del Mar), including 175 properties and 239 residences and businesses. Approximately 50 of the homes or buildings require undergrounding of their private service lateral at the expense of the property owner. Exhibit A to Attachment A is a map of UUD 1B. The project team, which includes staff, City consultants, and utility company representatives, visited UUD 1B in July 2023 to verify boundaries based on field conditions, system circuitry, and project efficiency.

Required Steps to Form District
The CPUC has an established regulation known as “Rule 20” that pertains to undergrounding of utility poles. Pursuant to Rule 20, UUDs can be created by the City or by property owners and include three specific types. This project generally fits under the category of Rule 20B, which is anticipated to be the most common way to achieve undergrounding in Del Mar, with costs mostly paid by the City (i.e., public side of the property line) via Measure Q (1% sales tax) revenue. SDG&E will credit the City approximately 20% of SDG&E’s construction costs for eligible Rule 20B projects, which is approximately the cost of removing the poles.

In order to form a UUD, Chapter 23.54 of the Del Mar Municipal Code (DMMC) requires a two-step process:

1. The public hearing on October 16, 2023, is the first step by which the City Council will adopt a resolution that forms the UUD, and includes a finding that removal of the aboveground facilities is necessary to protect public health, safety or general welfare.

2. The second step is for the City Council to adopt a resolution declaring the date by which all poles within the UUD must be removed. This step will occur in the future when the district is fully formed, and at which time it will become unlawful to construct or maintain above-ground facilities beyond the date established by the City Council for removal of such facilities. That will likely coincide with the time the design is finalized, and the project is advancing to the construction phase.

Next Steps
Following formation of the district, the next steps for the UUD 1B prior to construction include:
• Reconvening with the utility companies;
2 October 16, 2023 Item 08
City Council Agenda Report
Formation of UUD 1B (Stratford Court North)
October 16, 2023

• Necessary surveys of topographic conditions, field conditions, and other existing utilities; SDG&E preparation of a base map; evaluation of protected trees; environmental review; and civil engineering design;
• Completion of a tree survey to identify protected tree species within the district in order to plan the design to avoid/minimize impact to trees. The survey also includes identifying private trees with a root structure that may impact trenching.

This is required for the purpose of environmental review; • Preparation of designs by SDG&E, AT&T, and any other impacted telecommunications companies, which is anticipated to take up to 24 months.

Upon adoption of the resolution forming the district, SDG&E will need to evaluate the timeline for design based on their other undergrounding commitments with other jurisdictions and wildfire mitigation projects;
• Preparation of construction specifications/drawings/bid schedule and technical specifications for the construction bid process;
• Coordination with AT&T and Spectrum regarding financial responsibility for undergrounding their infrastructure and possible cost-sharing for joint-trenching; • Coordination with residents to obtain necessary easements and completion of the undergrounding of approximately 50 private laterals;
• Prior to the public bidding process, City Council acceptance of the final design; completion of environmental review; processing of any other permits that may be required, such as Tree Removal Permits, Design Review, and/or Coastal Development permits, as necessary;
• Public bidding process for construction contractors, evaluation of bids, award of construction contract by City Council, and issuance of the Notice to Proceed; and • City Council establishment (by resolution) of a project schedule identifying the date by which properties in an established UUD must be ready to receive underground service and by which poles, overhead wires and associated overhead structures shall be removed. Once a district is fully formed, it becomes unlawful to construct or maintain aboveground facilities beyond the date established by the City for removal of such facilities.

Throughout the design process there will be extensive coordination and communication with all affected property owners and residents by the project team to discuss timing, any required work on private property, and to provide other helpful information and resources.

Furthermore, during the design phase, the project team will determine where easements may be needed and will coordinate with SDG&E and telecommunication companies.

SDG&E has indicated that the design phase will take approximately 24 months, which would be through Fall 2025, followed by three months for bidding and award of construction contracts, putting the start of the construction for UUD 1B in approximately early 2026. Utility Specialists Southwest, Inc., the City’s project consultant, estimates construction for UUD 1B will take 10 months. Therefore, UUD 1B is estimated to be complete by the end of 2026.
3 October 16, 2023 Item 08
City Council Agenda Report
Formation of UUD 1B (Stratford Court North)
October 16, 2023

Table 1. Estimated Timeline for Completion of UUD 1B
Work Item Estimated
Duration Estimated Timeline
Design Phase 24 months October 2023 to Fall 2025
Public Bid Process 3 months Fall/Winter 2025
Construction 10 months Early 2026 to End of 2026
Public Noticing
In preparation for district formation, staff conducted significant public outreach and notifications through City website updates, notices mailed to impacted residents and property owners, and a legal ad in the newspaper and posted on the City’s website. The project web page (www.delmar.ca.us/up) features information on the overall UP and a map of UUD 1B. Samples of the mailed public notices are included as Attachment D (sent to the property owners/residents within the UUD) and Attachment E (sent to property owners/residents outside of, but within 300 feet, of the UUD). After formation of the UUD, an additional mailing will be sent to the property owners and residents within the district to provide them with a copy of the district formation Resolution (as required by the DMMC); collect their contact information for more targeted and ongoing communications through the design phase and preparations for construction; and to advise them of their responsibilities.

Cost Responsibility
As a Rule 20B project, SDG&E will be responsible for a portion of the undergrounding conversion construction costs in the form of a credit for the designated area. However, the majority of the cost for work in the City’s right-of-way will be funded by the City using Measure Q revenue.

SDG&E will not require payment of their Engineering Fee prior to the start of design work.

Collection of this fee will be postponed until the design is complete. Once the design is complete, SDG&E will send the City a contract with a construction estimate for SDG&E’s portion of the work (labor and materials). SDG&E previously communicated to the City that if the contract is not agreed to, executed and paid within 90-days, the Engineering Fee will be due to SDG&E and the Construction Estimate within the contract will expire.

Therefore, it is important that all other pre-construction work associated with this project be completed in parallel with SDG&E’s design to facilitate being able to advance as quickly as possible to the construction phase and make the contractual and financial commitment to SDG&E.

AT&T requires execution of their contract and payment of their estimated engineering and inspection fee prior to start of design work. AT&T design work will commence once SDG&E completes their preliminary designs, which is anticipated in approximately 15 months.
4 October 16, 2023 Item 08
City Council Agenda Report
Formation of UUD 1B (Stratford Court North)
October 16, 2023

Project Cost Estimate
The estimated total cost for this project is $3.33 million (Attachment F). This includes estimated professional services during the pre-construction phase in preparation for the bid process; costs to the utility companies for their engineering fees and construction work (estimated based on UUD Tewa/10th Street for SDG&E at $110 per linear foot and UUD 1A for AT&T at $16 per linear foot); cost for general contractor for City construction (estimated based on UUD Tewa/10th Street at $344 per linear foot); and the cost for construction management professional services during construction for an estimated 10- month construction schedule.

These estimates are provided for budget planning purposes only and are based on the preliminary district statistics and prior district costs. Once UUDs 1A and X1A are publicly bid, the estimates for UUD 1B will be updated with more accurate information.

Furthermore, once the final design for the project is complete, Utility Specialists Southwest, Inc. will provide an updated construction cost estimate. Utility Specialists Southwest, Inc. will develop project cost estimates based on prior City utility undergrounding projects and available cost data from 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 to proceed.

Utility Specialists Southwest, Inc. Pre-Construction Services The City has an agreement in place with Utility Specialists Southwest, Inc. for as-needed specialized electrical engineering and consulting services related to implementation of the citywide UP. As such, staff recommends issuing a Task Order to Utility Specialists Southwest, Inc. to proceed with pre-construction services for UUD 1B. The preconstruction services will include city and agency coordination, district design, resident interface and project status tracking, and public bidding support. The proposed Task Order (Attachment B) includes a total cost of $439,747 for the services as further detailed in Exhibit A to Attachment B.

FISCAL IMPACT:

Approval of this item will require City Council authorization to amend the Fiscal Year (FY) 2023-2024 Operating and Capital Budget to allocate $445,000 from the Measure Q Fund as shown below:

ENVIRONMENTAL IMPACT:

Pursuant to the California Environmental Quality Act (CEQA), the proposed actions have been analyzed and determined to be Statutorily Exempt pursuant to CEQA Guidelines Section 15262 because the proposed actions are necessary to prepare studies to assess

PROJECT FUND ACCOUNT AMOUNT
UUD 1B – Stratford Ct North Measure Q Fund 02.7000.7204 $445,000 5 October 16, 2023 Item 08
City Council Agenda Report
Formation of UUD 1B (Stratford Court North)
October 16, 2023

the planning and feasibility of an undergrounding project. 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 that discretion because the proposed actions do not have a legally binding effect on any possible future discretionary action.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Utility Undergrounding is listed as a Tier 1 City Council priority for FYs 2023-2024 and 2024-2025.

ATTACHMENTS:

Attachment A - Resolution Designating Area Identified as UUD 1B (Stratford Ct North) as a Rule 20 Underground Utility District
Exhibit A to Attachment A – UUD 1B Stratford Court North Map Attachment B – Utility Specialists Southwest, Inc. Task Order Exhibit A to Attachment B – UUD 1B Pre-Construction Services Scope of Work Attachment C – Citywide Map of Undergrounding Districts Attachment D – Public Notice to Property Owners/Residents within UUD 1B Attachment E– Public Notice to Property Owners/Residents within 300’ of UUD 1B Attachment F – Estimated Project Budget for UUD 1B
6 October 16, 2023 Item 08

ATTACHMENT A
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, ESTABLISHING AN UNDERGROUND

UTILITY DISTRICT IN THE CITY OF DEL MAR, ON STRATFORD
COURT (WEST OF CAMINO DEL MAR 11TH STREET TO JUST
NORTH OF 15TH STREET (L’AUBERGE DEL MAR))
WHEREAS, on October 5, 2023, the City of Del Mar provided notice of a public hearing to ascertain whether the public health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service, within the certain area of the City as shown on Exhibit A to this Resolution, designated as “District 1B (Stratford Court North)”; and
WHEREAS, the proposed underground utility district (“UUD”) is proposed to be funded in part through funding under Tariff Rule 20B of the California Public Utilities Commission; and
WHEREAS, notice of such hearing has been given to all affected property owners as shown on the last equalized assessment roll and to all utilities concerned in the manner and for the time required by law; and
WHEREAS, on October 16, 2023, the City Council of the City of Del Mar held a duly noticed public hearing, at which time all persons interested were given an opportunity to be heard and were heard; and
WHEREAS, the undergrounding work in the proposed UUD may entail work necessary for construction of the public distribution system on private access roads; and WHEREAS, some of the access roads are on private property and will require easements for San Diego Gas & Electric’s infrastructure, and in some cases the infrastructure will need to go through private property, but it is not specifically or uniquely serving that property; and
WHEREAS, the above described work on private property is necessary for construction of the distribution system in order to complete the overall project and achieve the public benefits to be gained by undergrounding utilities.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Del Mar hereby finds and determines that the public health, safety, and welfare requires the removal of poles, overhead wires and associated structures, and underground installation of wires and facilities for supplying electric, communication and similar or associated services in the district as shown on the attached exhibit map and that, pursuant to Del Mar Municipal Code Chapter 23.54, the area described as District 1B (Stratford Court North) is hereby designated and declared an Underground Utility District of the City of Del Mar. The boundaries of said district, generally described as Stratford Court (West of Camino Del Mar 7 October 16, 2023 Item 08
Resolution. 2023-XX

to the coast and from 11th Street to just north of 15th Street (L’Auberge Del Mar)), are delineated on Exhibit A to this Resolution and hereby incorporated as part of this Resolution.

BE IT FURTHER RESOLVED, that the City Council does hereby order the removal of all poles, overhead wires and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication, and similar or associated service within the Underground Utility District. The time within which property in said district must be ready to receive underground service and by which poles, overhead wires and associated overhead structures shall be removed shall be set by subsequent resolution, pursuant to Section 23.54.030 of the Municipal Code.

BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to notify all affected property owners as shown on the last equalized assessment rolls, and all affected utilities, of the adoption of this Resolution within ten (10) days after the date of such adoption, in accordance with Section 23.54.070 of the Municipal Code.

BE IT FURTHER RESOLVED, that the City Council hereby finds that the Underground Utility District herein created is in the general public interest and, moreover, that required work on private access roads and on private property is necessary for the effective and efficient construction of the overall distribution system and that, without completing such work, the public benefits – which include reduced risk of fire or power outage from downed poles or lines, and improved aesthetics within the district -- would not be realized.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held this 16th day of October 2023. _____________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
8 October 16, 2023 Item 08
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2023-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 16th day of October, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
9 October 16, 2023 Item 08
8-25-23
Utility Undergrounding District 1B (UUD 1B) - Stratford Court North 1552
122 110 1540 15th St Camino Del Mar
Camino Del Mar
12th St
1431 1415 1409
1353
1355
1343 1329
1323
1321
1319
1307 1330 1302 1234 1202 1205 1219 1227 1241 207 1425
1407
1405
1339
1315
150 1420 140813441322 1310 1140 1130 1110 1236 1246 125 119 115100 112 148 1344 1320 118 124 Legend
DISTRICT 1B LIMITS
1104
1135
205
207
209
1105 220
230
232 201 Stratford Ct
Camino Del Mar
12th St.

Sea Orbit Ln
1334
13th St
Lois Ln
1281/2
128
Stratford Ct
Coast Blvd
Ocean Ave
104
122
120
130
140
150
152 203
211
213
215
210 1150
234
238
1310 1312
230
228
222
220
1328 202
121
123
139
141
145
147
155
157 155
1552
11th St.

Stratford Ct
Pacific Ln
Delmar Ln
1310
1300
140
142
165
167
1412
221 225
215
211
207
0 1404 1332 0
Pacific Ln
0 0
13th St
10th St.

Penny Ln
1418 1416
1414
1454 1448
1446 1442
1440 1442
1438
1342
1335
1333
1428
1426
0 1230
1228
1212
1210
1436
1424
1355 1353
1351 1349
1347 1345
1355
1352
1350
8-31-23

EXHIBIT A
10 October 16, 2023 Item 08
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us October 16, 2023 ATTACHMENT B
Utility Specialists Southwest, Inc. SENT VIA EMAIL
Attn: Duane Stroobosscher
4429 Morena Boulevard
San Diego, CA 92117
[email protected]
RE: TASK ORDER & NOTICE TO PROCEED FOR THE UTILITY UNDERGROUND DISTRICT 1B (STRATFORD COURT NORTH) – PRE-CONSTRUCTION SERVICES (ACCOUNT 02.7000.7204)
This Task Order (TO) and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Specialized Electrical Engineering Services Related to Implementation of a Citywide Undergrounding Program Agreement between the City of Del Mar and Utility Specialists Southwest, Inc. (Consultant), the term for which is December 16, 2019, to December 16, 2024.

Consultant shall execute tasks related to the Utility Underground District 1B (Stratford Court North), as described in the Consultant’s proposal included as Exhibit A to this Task Order. The project cost for this Task Order shall not exceed $439,747. The project schedule shall commence upon execution of this Task Order/Notice to Proceed, and shall be completed by February 2027, to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A.

The primary 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 Utility Specialists Southwest, Inc.
_____________________________________ _______________________________________ Ashley Jones Date Duane Stroobosscher Date
City Manager Vice President
cc: Joe Bride, Public Works Director
Martin Boyd, Project Manager II
Mariel Cairns, Management Analyst
Exhibit A: Utility Specialists Southwest, Inc. - UUD 1B Pre-Construction Services Scope of Work 11 October 16, 2023 Item 08
10/5/2023
Item
#
Description US
Principal
KCM
Principal
US
Sr. PM
KCM
Sr. PM
US
Asst PM
KCM
PM KCM PC Fuscoe Total Cost
1 City and Agency Coordination
a Participate in by-weekly coordination calls with CDM staff - assumes a one-hour call every other week for 27 months with time divided between Districts 1A, X1A & 1B. 8.0 24.0 14.0 $8,570 b Prepare agendas, draft and distribute minutes for by-weekly calls with time divided between Districts 1A, X1A,1B 14.0 $2,730 c Attend City Council hearings, if requested by City staff. Assumes attendance at four hearings plus travel with time divided between Districts 1A, X1A &1B. 10.0 10.0 $3,850
d Attend quarterly UPAC meetings. Attendance at quarterly in-person meetings (9 EA), assist City staff with meeting preparation and follow up action items with time divided between Districts 1A, X1A &1B. 18.0 24.7 $8,237 e Prepare 1B status reports and other handout materials, as requested by City staff, for City Council hearings. 4.0 2.0 $1,130 f Assist staff with negotiations with SDG&E and other utility owners and agencies with jurisdiction over UP projects and navigating rules and procedrues surrounding undergrounding work. Includes input regarding MOU between the City and SDG&E. 4.0 8.0 10.0 $4,150 g Draft and distribute meeting minutes for SDGE and utility meetings and site visits. 10.0 $1,950 h Filing and document management. 6.0 $570
Subtotal City and Agency Coordination 40.0 0.0 32.0 86.7 0.0 2.0 6.0 $0 $31,187 2 District 1B Design
a Surveying & Mapping $0
* Research and Site Evaluation $6,000 $6,000
* Topo Survey $16,300 $16,300
* Underground Wet Utility Research $12,000 $12,000
* Field Base Map Updates $12,000 $12,000
* Smartsheets GIS Integration $0
* GIS Exhibits $0
* Detailed Base Map Updates $20,000 $20,000
* Sewer CCTV Inspection $8,100 $8,100
b Concept Layout $0
* Field survey for potential conflicts with anticipated utility structures and service laterals, 4.0 10.0 $2,560 * Verification of existing conditions and identification of corrective work required 6.0 8.0 $2,570 * Provide 'redline' utility layout for each SDG&E work order in 1B 2.0 10.0 $2,180 * Prepare final conceptual layout exhibit in CAD/ GIS. 20.0 $2,400 * Value engineering and constructability review of concept design 10.0 8.0 $3,360 c Design Coordination for Public ROW $0
* Review City provided information 6.0 8.0 $2,640
* Prepare exhibits/technical documents in support City Design Review Board Process $7,700 $7,700 * Field Analysis/ Analyze Field Data 2.0 6.0 8.0 8.0 $4,420 City of Del Mar Undergrounding Program - Task Order #04a - District 1B Stratford Ct. North Services Task Order #04a - District 1B Stratford Ct. North Services Task Order #04a includes services from design kickoff (anticipated mid October 2023) through completion of construction for District 1B, assuming 24 months for design, 3 months bidding, and 10 months construction. 12 October 16, 2023 Item 08
Item
#
Description US
Principal
KCM
Principal
US
Sr. PM
KCM
Sr. PM
US
Asst PM
KCM
PM KCM PC Fuscoe Total Cost
Task Order #04a - District 1B Stratford Ct. North Services * Develop design and construction schedules. Update design schedule periodically. 4.0 16.0 $3,840 * Coordination with SDG&E / Site Meetings 8.0 $1,440
* Coordination with AT&T, Spectrum/Charter - Site Meetings 8.0 $1,440 * Value engineering and constructability review of SDG&E preliminary design. 2.0 6.0 8.0 4.0 $3,720 * SDG&E preliminary design conflict review $7,700 $7,700 * Prepare exhibits/technical documents in support of 10 private property easements coordination 6.0 10.0 10.0 $4,780 * Easement coordination; Right of Entry Permits; includes meetings with homeowners as necessary to obtain 10 executed easements 10.0 16.0 8.0 10.0 $6,830 * Value engineering and constructability review of SDG&E final design. 2.0 10.0 6.0 2.0 $3,700 * Value engineering and constructability review of AT&T, Spectrum Final design. 2.0 8.0 6.0 2.0 $3,340 d Design Coordination for Private lateral extensions $0 * Prepare exhibits/technical documents in support of private property lateral coordination. 4.0 10.0 20.0 6.0 50.0 $15,930 * Review Homeowner provided information; includes meetings with property owners regarding coordination of 50 service laterals location and installation 6.0 34.0 56.0 50.0 $22,930 * Field Analysis/ Analyze Field Data 4.0 10.0 10.0 10.0 $6,260 * Develop design and construction schedules. Update design schedule periodically. 4.0 14.0 $3,450 * Coordination with SDG&E / Site Meetings 10.0 $1,800
* Coordination with AT&T, Spectrum/Charter - Site Meetings 10.0 $1,800 * Value engineering and constructability review of SDG&E preliminary design. 2.0 6.0 6.0 4.0 $6,400 $9,730 * Value engineering and constructability review of SDG&E final design. 2.0 6.0 6.0 2.0 $6,400 $9,380 * Value engineering and constructability review of AT&T, Spectrum Final design. 2.0 6.0 6.0 2.0 $6,400 $9,380 e 50% Civil Design $36,850 $36,850
f 100% Civil Design $36,850 $36,850
g Improvement Plan Processing $12,300 $12,300
h Allowance for other design support services, as requested. 4.0 10.0 30.0 4.0 20.0 $12,390 i Filing and document management. 6.0 $570
Subtotal District Design 38.0 0.0 208.0 240.0 38.0 122.0 66.0 $195,000 $318,640 3 Resident Interface and Project Status Tracking
a Attend meetings with City Attorney and staff regarding negotiation of work on private property, resident service laterals, easements, and related topics. 4.0 6.0 10.0 $3,790
b Prepare City and SDG&E Right of Entry requests for homeowner execution. 4.0 $780 c Draft, in coordination with CDM, homeowner notification letters regarding undergrounding services laterals and required easements. 2.0 $390
d Assist City in responding to resident questions submitted via website. 2.0 4.0 16.0 $4,220 e Update Customer-Based Tracking and Monitoring Database to add District 1B addresses. 4.0 6.0 $1,830 f Populate database with property owner and resident contact information (Input for up to 239 property owners/residents is anticipated). 4.0 22.0 $4,630
g Regular updates to database with project status and homeowner communications. Includes 27 months of tracking and reports, assumed at approximately 1.0 hours per month Sr. PM and 1.5 hours per month Asst PM time. Status updates duing construction included in Item 6d below.

27.0 40.0 $12,265
h Schedule, coordinate, and lead neighborhood meetings (assumes one meeting). Prepare presentation materials for neighborhood meetings. 2.0 8.0 2.0 12.0 8.0 $6,200
i Draft, in coordination with CDM, district design and bidding status update letters to homeowners and residents. Assumed sent out quarterly. 4.0 16.0 $3,840
j Provide technical content and status updates for use in periodic media outreach and website updates. 2.0 8.0 24.0 $6,500 k Draft, in coordination with CDM, hearing notification to homeowners and residents for City Council decision on progressing into construction. 2.0 $390
l Filing and document management. 65.0 $6,175
Subtotal Resident Interface and Communications 10.0 8.0 24.0 121.0 0.0 76.0 65.0 $0 $51,010 13 October 16, 2023 Item 08
Item
#
Description US
Principal
KCM
Principal
US
Sr. PM
KCM
Sr. PM
US
Asst PM
KCM
PM KCM PC Fuscoe Total Cost
Task Order #04a - District 1B Stratford Ct. North Services 4 Public Bidding Support
a Preparation of front-end bid documents, bid items, and special terms and conditions. 2.0 40.0 20.0 $5,400 $17,080 b Publish Notice Inviting Bids. 4.0 $780
c Contact potential bidders and distribute bid package. 8.0 $1,560 d Coordinate and manage Pre-Bid meeting. 2.0 6.0 $1,530 e Manage bid RFI’s, preparation of bid addendums, and distribute addendums to bidders, assumes up to three separate addendums. 10.0 20.0 12.0 $2,800 $10,600
f Coordinate and manage Bid Opening meeting. 2.0 4.0 $1,140 g Review bids for completeness and accuracy, assumes six bidders, and prepare bid analysis. 6.0 12.0 16.0 $6,220 Subtotal Public Bidding Support 2.0 0.0 20.0 94.0 0.0 48.0 0.0 $8,200 $38,910 Total Hours During Design & Bidding 90.0 8.0 284.0 541.7 38.0 248.0 137.0 Average Hours per Week (based upon 27 month schedule) 0.8 0.1 2.4 4.7 0.3 2.1 1.2 Rate Per Hour $190 $215 $180 $195 $120 $175 $95
Total Cost During Design & Bidding $17,100 $1,720 $51,120 $105,632 $4,560 $43,400 $13,015 $203,200 Subtotal Estimated Cost for During Design & Bidding
5 Construction Support
a Contract Administration: Change Order review and processing (Based on 5 mos. City Construction) 40.0 20.0 10.0 $12,250 b Construction Administration: Requests for Information (RFI) Mgmt., weekly meetings, full time presence onsite during City Contractor construction and increased communications with homeowners (assumed full time for 5 mos. City Construction and average of once a week site observation visits during remaining 5 mos. Homeowner and Utility Construction). 52.0 40.0 1110.0 $211,410 c Project status tracking and database updates duing construction (Based on overall 10 mos. Construction) 20.0 60.0 14.0 $15,730 d Storm Water Compliance Services; City to complete SWPPP in-house 0.0 0.0 $0 e Project Accounting Support: Verification of invoices, lien release review, prevailing wage (Based on 5 mos. City Construction)

20.0 20.0 12.0 $8,540
f Budget and Schedule Monitoring (Based on overall 10 mos. Construction) 20.0 6.0 $4,470 g Staking/Engineer's Const. Admin. services & RFI responses (Based on overall 10 mos. Construction) $24,400 $24,400 h Allowance for miscellaneous tasking as requested by City staff. 20.0 40.0 40.0 $15,200 i Closeout Services: Punchlist development and management, record drawings 40.0 8.0 $4,900 $13,460 Subtotal Construction Support Services 0.0 0.0 72.0 220.0 0.0 1,210.0 90.0 $29,300 $305,460 Total Hours During Construction 0.0 0.0 72.0 220.0 0.0 1,210.0 90.0 Average Hours per Week (based upon 10 month schedule) 1.8 5.5 30.3 2.3 Rate Per Hour $190 $215 $180 $195 $120 $175 $95
Total Cost During Construction $0 $0 $12,960 $42,900 $0 $211,750 $8,550 $29,300 Subtotal Estimated Cost During Construction
Total Estimated Cost for Task Order #04a - District 1B Stratford Ct.

Exclusions
Attendance at Meetings/Hearings not Specifically Included Notifications to property owners regarding consequences of refusing to underground Participation in enforcement actions on homeowners refusing to underground Management of private lateral undergrounding excluded – assumes coordination only Communications Subconsultant Support - to be provided by City Consultant Social Media Development, Operations - Assume by City
Graphic Design will be a Reimbursable Expense
Direct Mail will be a Reimbursable Expense
GIS Support and GIS Exhibits
$745,207
$305,460
$439,747
14 October 16, 2023 Item 08

ATTACHMENT C
15 October 16, 2023 Item 08

CITY OF DEL MAR

NOTICE OF PUBLIC HEARING
City of Del Mar
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us FORMATION OF UTILITY UNDERGROUNDING DISTRICT 1B
NOTICE IS HEREBY GIVEN that on Monday, October 16, 2023 at 4:30 p.m., (or as soon thereafter as practicable) in the City of Del Mar Town Hall, 1050 Camino Del Mar, Del Mar, California, the City Council will conduct a public hearing on the following:

Ascertaining whether to designate a certain area of the City as a utility undergrounding district subject to California Public Utilities Commission Rule 20 and in accordance with Del Mar Municipal Code section 23.54.030.

The area is generally described as:

District 1B (Stratford Court North): Residential areas east and west of Stratford Court within the area west of Camino del Mar to the coast and from 11th Street to just north of 15th Street (L’Auberge Del Mar)
A map of the area is available on the City’s web site at www.delmar.ca.us/up and is also attached here. Please note that you are receiving this notice because you have been identified as an affected property owner within the proposed undergrounding district formation area.

Materials related to this public hearing will be available at least 72 hours in advance of the meeting at City Hall, 1050 Camino del Mar, Del Mar, California 92014, during normal business hours and on our website at www.delmar.ca.us. Those desiring to be heard in favor of or in opposition to this item will be given an opportunity to do so by participating in City Council meetings remotely or in-person by addressing the City Council for up to three minutes or by submitting a written comment. In-Person Participation: Please submit a completed “Speaker Slip”, including the item number you wish to speak on, to the City Clerk prior to the Mayor announcing the agenda item. The forms are located near the door at the rear of the Meeting Room. When called to speak, please approach the podium and state your name for the record. Remote Participation: Members of the public can participate in the meeting remotely using the Zoom link and/or dial-in information provided below. Those wishing to comment live should join the Zoom meeting when the item(s) they wish to speak on is announced or at the meeting start time for items not on the agenda. Zoom Link: https://us02web.zoom.us/j/84790910014; Phone:
(669) 900-6833; Meeting ID: 847 9091 0014
Written Comments: Members of the public can participate in the meeting by submitting a written red dot comment to City of Del Mar, Attn: City Clerk, 1050 Camino del Mar, Del Mar CA 92014 via email to [email protected]. The deadline to submit written comments is 12 p.m. on the day of the meeting and the subject line of your email should clearly state the agenda item you are commenting on.

If you have questions about the information in this notice, please contact Martin Boyd, Project Manager II at [email protected] or (858) 375-9531.

ATTACHMENT D
16 October 16, 2023 Item 08
Pg. 2 of 2
Formation of UUD 1B – Stratford Court North
City of Del Mar
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us Background Information
The City of Del Mar has established a citywide Undergrounding Program (UP), which will remove utility poles and replace overhead cables for electricity and telecommunications with underground lines. This work was identified as a priority by the City Council following passage of a 1% sales tax measure known as Measure Q in 2016, which is the UP funding source. Information about the UP, along with Frequently Asked Questions, is available on the City’s UP webpage at: www.delmar.ca.us/up.

The City Council has identified several utility undergrounding districts throughout the City, and work on the UP will proceed on a district-by-district basis. At the public hearing noticed above, the City Council will consider the formation of Utility Undergrounding District 1B: Stratford Court North (UUD 1B).

In order to form a Utility Undergrounding District, Chapter 23.54 of the Del Mar Municipal Code requires a two-step process. This required action – the public hearing on October 16, 2023 - is the first step, by which the City Council, following the public hearing, forms the Utility Undergrounding District by adoption of a resolution. The second step is for City Council to adopt a resolution declaring the date by which all poles must be removed; that step will occur in the future. Once a district is formed it becomes unlawful to construct or maintain above-ground facilities beyond the date established by the City for removal of such facilities.

Shortly after the City establishes UUD 1B, SDG&E will begin the project design, which will take approximately twenty-four (24) months. During the design phase, there will be extensive coordination and communication with all affected property owners and residents by City staff and its consultant team to discuss timing, any required work on private property, and other helpful resources.

For additional information, please reach out to the Undergrounding Program Team at (858) 375-9513 or [email protected].
__________________________________________ October 5, 2023 Sarah Krietor, Administrative Services Manager/ DATE
City Clerk
Attachments:
 Exhibit A (Utility Undergrounding District Map – District 1B) Please note that you are receiving this notice because you own property or reside within the proposed Utility Undergrounding District 1B as shown on available public records.
17 October 16, 2023 Item 08
8-25-23
Utility Undergrounding District 1B (UUD 1B) - Stratford Court North 1552
122 110 1540 15th St Camino Del Mar
Camino Del Mar
12th St
1431 1415 1409
1353
1355
1343 1329
1323
1321
1319
1307 1330 1302 1234 1202 1205 1219 1227 1241 207 1425
1407
1405
1339
1315
150 1420 140813441322 1310 1140 1130 1110 1236 1246 125 119 115100 112 148 1344 1320 118 124 Legend
DISTRICT 1B LIMITS
1104
1135
205
207

209
1105 220
230
232 201 Stratford Ct
Camino Del Mar
12th St.

Sea Orbit Ln
1334
13th St
Lois Ln
1281/2

128
Stratford Ct
Coast Blvd
Ocean Ave
104
122
120
130
140
150
152 203
211
213
215
210 1150
234
238
1310 1312
230
228
222
220
1328 202
121
123
139
141
145
147
155
157 155
1552
11th St.

Stratford Ct
Pacific Ln
Delmar Ln
1310
1300
140
142
165
167
1412
221 225
215
211
207
0 1404 1332 0
Pacific Ln
0 0
13th St
10th St.

Penny Ln
1418 1416
1414
1454 1448
1446 1442
1440 1442
1438
1342
1335
1333
1428
1426
0 1230
1228
1212
1210
1436
1424
1355 1353
1351 1349
1347 1345
1355
1352
1350
8-31-23
18 October 16, 2023 Item 08

CITY OF DEL MAR

NOTICE OF PUBLIC HEARING
City of Del Mar
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us FORMATION OF UTILITY UNDERGROUNDING DISTRICT 1B
NOTICE IS HEREBY GIVEN that on Monday, October 16, 2023 at 4:30 p.m., (or as soon thereafter as practicable) in the City of Del Mar Town Hall, 1050 Camino Del Mar, Del Mar, California, the City Council will conduct a public hearing on the following:

Ascertaining whether to designate a certain area of the City as a utility undergrounding district subject to California Public Utilities Commission Rule 20 and in accordance with Del Mar Municipal Code section 23.54.030.

The area is generally described as:

District 1B (Stratford Court North): Residential areas east and west of Stratford Court within the area west of Camino del Mar to the coast and from 11th Street to just north of 15th Street (L’Auberge Del Mar)
A map of the area is available on the City’s web site at www.delmar.ca.us/up and is also attached here. Please note that you are receiving this notice because you have been identified as an affected property owner within the proposed undergrounding district formation area.

Materials related to this public hearing will be available at least 72 hours in advance of the meeting at City Hall, 1050 Camino del Mar, Del Mar, California 92014, during normal business hours and on our website at www.delmar.ca.us. Those desiring to be heard in favor of or in opposition to this item will be given an opportunity to do so by participating in City Council meetings remotely or in-person by addressing the City Council for up to three minutes or by submitting a written comment. In-Person Participation: Please submit a completed “Speaker Slip”, including the item number you wish to speak on, to the City Clerk prior to the Mayor announcing the agenda item. The forms are located near the door at the rear of the Meeting Room. When called to speak, please approach the podium and state your name for the record. Remote Participation: Members of the public can participate in the meeting remotely using the Zoom link and/or dial-in information provided below. Those wishing to comment live should join the Zoom meeting when the item(s) they wish to speak on is announced or at the meeting start time for items not on the agenda. Zoom Link: https://us02web.zoom.us/j/84790910014; Phone:
(669) 900-6833; Meeting ID: 847 9091 0014
Written Comments: Members of the public can participate in the meeting by submitting a written red dot comment to City of Del Mar, Attn: City Clerk, 1050 Camino del Mar, Del Mar CA 92014 via email to [email protected]. The deadline to submit written comments is 12 p.m. on the day of the meeting and the subject line of your email should clearly state the agenda item you are commenting on.

If you have questions about the information in this notice, please contact Martin Boyd, Project Manager II at [email protected] or (858) 375-9531.

ATTACHMENT E
19 October 16, 2023 Item 08
Pg. 2 of 2
Formation of UUD 1B – Stratford Court North
City of Del Mar
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us Background Information
The City of Del Mar has established a citywide Undergrounding Program (UP), which will remove utility poles and replace overhead cables for electricity and telecommunications with underground lines. This work was identified as a priority by the City Council following passage of a 1% sales tax measure known as Measure Q in 2016, which is the UP funding source. Information about the UP, along with Frequently Asked Questions, is available on the City’s UP webpage at: www.delmar.ca.us/up.

The City Council has identified several utility undergrounding districts throughout the City, and work on the UP will proceed on a district-by-district basis. At the public hearing noticed above, the City Council will consider the formation of Utility Undergrounding District 1B: Stratford Court North (UUD 1B).

In order to form a Utility Undergrounding District, Chapter 23.54 of the Del Mar Municipal Code requires a two-step process. This required action – the public hearing on October 16, 2023 - is the first step, by which the City Council, following the public hearing, forms the Utility Undergrounding District by adoption of a resolution. The second step is for City Council to adopt a resolution declaring the date by which all poles must be removed; that step will occur in the future. Once a district is formed it becomes unlawful to construct or maintain above-ground facilities beyond the date established by the City for removal of such facilities.

Shortly after the City establishes UUD 1B, SDG&E will begin the project design, which will take approximately twenty-four (24) months. During the design phase, there will be extensive coordination and communication with all affected property owners and residents by City staff and its consultant team to discuss timing, any required work on private property, and other helpful resources.

For additional information, please reach out to the Undergrounding Program Team at (858) 375-9513 or [email protected].
__________________________________________ October 5, 2023 Sarah Krietor, Administrative Services Manager/ DATE
City Clerk
Attachments:
 Exhibit A (Utility Undergrounding District Map – District 1B) Please note you are receiving this notice because you own property or reside within 300 feet of the proposed Utility Underground District 1B as shown on available public records. However, your property/residence is not within the District 1B boundary being planned for undergrounding conversion at this time. 20 October 16, 2023 Item 08
8-25-23
Utility Undergrounding District 1B (UUD 1B) - Stratford Court North 1552
122 110 1540 15th St Camino Del Mar
Camino Del Mar
12th St
1431 1415 1409
1353
1355
1343 1329
1323
1321
1319
1307 1330 1302 1234 1202 1205 1219 1227 1241 207 1425
1407
1405
1339
1315
150 1420 140813441322 1310 1140 1130 1110 1236 1246 125 119 115100 112 148 1344 1320 118 124 Legend
DISTRICT 1B LIMITS
1104
1135
205
207

209
1105 220
230
232 201 Stratford Ct
Camino Del Mar
12th St.

Sea Orbit Ln
1334
13th St
Lois Ln
1281/2

128
Stratford Ct
Coast Blvd
Ocean Ave
104
122
120
130
140
150
152 203
211
213
215
210 1150
234
238
1310 1312
230
228
222
220
1328 202
121
123
139
141
145
147
155
157 155
1552
11th St.

Stratford Ct
Pacific Ln
Delmar Ln
1310
1300
140
142
165
167
1412
221 225
215
211
207
0 1404 1332 0
Pacific Ln
0 0
13th St
10th St.

Penny Ln
1418 1416
1414
1454 1448
1446 1442
1440 1442
1438
1342
1335
1333
1428
1426
0 1230
1228
1212
1210
1436
1424
1355 1353
1351 1349
1347 1345
1355
1352
1350
8-31-23
21 October 16, 2023 Item 08
UUD 1B Estimated Total Project Costs (02-7000-7204)
Does not include costs for internal staff time or necessary City personnel for project management Work Categories Budget as of
10-16-23
Pre-Construction Phase - Professional Services
Utility Specialists - District Formation Services (Includes US and KCM) (Approved) $74,375 Utility Specialists - Pre-Construction Services (Includes US, KCM, Fuscoe) (10/16/2023) $439,747 City Arborist Review (10/16/2023) $5,000
Environmental Review; City to complete in-house TBD
Subtotal for Pre-Construction Professional Services $519,122 Utility Companies - Estimates for City Paid Design and Construction Costs SDG&E
Estimated based on UUD Tewa $109.74/LF of Trench $563,056 AT&T
Estimated based on UUD 1A $15.61/LF of Trench $80,074
Subtotal for Utility Company Costs $643,130
Construction Phase
City's General Contractor (Actual amount will be determined via City bid process).

Estimate based on UUD Tewa $344.40/LF of Trench $1,767,124 Utility Specialists Construction Management and Support (10-month construction) Full-time for City construction and as-needed for remainder $305,460 Storm Water Compliance Services; City to complete SWPPP in-house $25,000 Additional Construction Management Services Contingency For any necessary professional services during construction not accounted for in the budget. Estimated at 20% of construction management & support.
$66,092
Subtotal for Construction Phase $2,163,676
Combined Estimated Total $3,325,928
22 October 16, 2023 Item 08
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Matt Bator, AICP, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: October 16, 2023
SUBJECT: Initial Consideration of an Appeal of the City Manager’s Approval of Encroachment Permit EP22-101
EP Appellant: Tanya Young and Michael McManus
Appellant’s Address: 919 Klish Way (APN: 300-263-20)
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council uphold the City Manager’s approval of Encroachment Permit EP22-101 (Attachment A) and not set the appeal for a de novo hearing.

EXECUTIVE SUMMARY:

On August 24, 2022, the City received a complaint regarding installation of vegetation, a stone and decomposed granite patio with associated patio furniture, and other private improvements without City authorization within the unimproved public alley adjacent to 919 Klish Way. Through an Encroachment Permit (EP) approved by the City Council in 1997 (EP-97-41), the owners of 919 Klish Way Tanya Young and Michael McManus, gained authorization to retain and use driveway, retaining walls and landscaped areas within the unimproved public alley that were installed in the mid-1970’s after the construction of the home (Attachment B). The driveway improvements provide vehicular access to the home’s garage. The complaint originally had a wider focus, also alleging that non-compliant encroachments had been placed within the driveway portion of the alley, but it was subsequently narrowed to only improvements installed in the alley that are north of the improvements authorized by EP-97-41.

Upon receiving a violation notice from the City’s Code Enforcement Officer, the owners of 919 Klish Way (Appellant) filed for an EP (EP22-101) to retain the above-mentioned unauthorized encroachments. Based on the submitted application materials, it was determined that the EP would be classified a “long-term major” EP, which requires a City 1 October 16, 2023 Item 09
City Council Agenda Report
Appeal of EP22-101 (Initial Consideration)
October 16, 2023

Council decision in accordance with Del Mar Municipal Code (DMMC) Section

23.28.0070(B). However, during staff’s processing of the EP application, the Appellant’s representative conveyed to staff that the McManus’ would abate the violation by removing the illegal encroachments, and a new plan was submitted depicting the removal of all unauthorized vegetation and patio improvements, leaving only surface drainage improvements that were installed in the alley by the Appellant. This revision reduced the EP’s classification to “long-term minor,” to be acted upon by the City Manager in accordance with DMMC 23.28.070(A). Regardless of the classification of the EP, decisions must be made in accordance with the findings listed in DMMC 20.23.070(C), which are discussed later in this agenda report.

On August 17, 2023, EP22-101 was approved with conditions to ensure the removal of the vegetation and patio improvements would not result in erosion and storm waterrelated impacts in the public alley. Specifically, since the topography and natural state of the unimproved alley had been altered, the EP conditions required installation of hydroseed for erosion control. On August 23, 2023, the Appellant filed an appeal of the EP approval (Attachment C). With the appeal, the Appellant is proposing to again revise their application, this time to retain all encroachments they had previously agreed to remove in order to abate the outstanding violation. It should be noted, however, that while DMMC Chapter 1.12 provides the process by which an appeal of a decision is to be processed, it does not include the ability to ask the City Council to consider a new proposal (i.e., a new EP application) while appealing the old one. Therefore, Appeal of the approved “long-term-minor” EP is not the appropriate process/setting for an Applicant’s request for consideration of a new “long-term-major” EP.

Staff provides additional information and detail in this agenda report to support a recommendation that the City Council uphold the conditional approval of EP22-101, including responses to the Appellant’s reasoning/basis for appeal.

SITE DESCRIPTION AND BACKGROUND:

The Appellant owns the property at 919 Klish Way, an irregularly shaped lot developed with a single-family residence on its lower elevation along Klish Way. The property is shown in the vicinity map, Attachment D. The upper portion of the site fronts on Crest Road and slopes downward to the south. An unimproved alley runs along the western side of the Appellant’s property. The "paper" alley connects Klish Way with Amphitheatre Drive to the east. It adjoins seven properties. It has not been improved or developed for vehicular or pedestrian passage, with the exception of what was authorized for a portion of the alley adjacent to 919 Klish, as described below. The alley was originally designated on the Subdivision Map, Arden Heights No. 6.

In January 1973, a previous owner of 919 Klish Way, Mr. Joe Lancor, provided a written request to the City Manager to be able to plant ground cover and large trees in the area of the alley he utilized to access his property’s garage. The encroachment proposal was forwarded to the City Council by the City Manager and after Council discussion at two 2 October 16, 2023 Item 09
City Council Agenda Report
Appeal of EP22-101 (Initial Consideration)
October 16, 2023

successive meetings, the proposal was approved subject to the creation of an agreement intended to ensure that the appearance of the alley would remain that of a public area.

The letter to the City Manager and minutes of the 1973 City Council consideration of Mr.

Lancor’s request are included as Attachment E. Staff has not been able to locate the agreement mentioned above.

With no recoverable record of an encroachment agreement from 1973, in 1997 Tanya Young and Michael McManus filed an EP application (EP-97-41) to gain formal approval for the private encroachments into the public alley that had been constructed/planted by Mr. Lancor. At that time, Council authorized the City Manager to issue a (post-facto) EP for paving and low seat/planter walls associated with a driveway serving the Appellant’s residence on the property at 919 Klish and vegetative landscaping improvements on both sides of the driveway the southernmost portion of the alley, an area comprised of approximately 109 linear feet measured from the centerline of the alley. A condition of the City Council’s approval was that a covenant be recorded against the property at 919 Klish Way specifying that: (1) the authorization to use the area for the private improvements is temporary; (2) the owner of the benefited property is responsible for the cost of tearing down and rebuilding the walls, and the removal and replacement of landscaping should the City need to remove the walls and landscaping for any reason; (3) the maintenance of the walls and landscaping is the responsibility of the owner of the benefited property, and (4) public use of the alley shall not be prevented in any form or manner. The required covenant was recorded on March 3, 1998, with the San Diego County Recorder and is included as Attachment F.

In May of 2000, the Appellant submitted a request to the City Council for vacation of that portion of the alley adjacent to their property. The City Council reviewed the application that had a staff recommendation of approval and support from the City’s Parks and Recreation Committee. That recommendation was based on the fact that the upper half of the alley, beyond the Appellant’s property, had very uneven terrain and a significant amount of vegetation that appeared to make it difficult for pedestrians to traverse. At the May 2000 meeting, the Council heard considerable public testimony at the public hearing and ultimately determined not to pursue a resolution of intent to vacate the alley.

ENCROACHMENT PERMIT EP22-101:

As previously mentioned, in August 2022, the City received a written Code Compliance complaint alleging the owners of 919 Klish Way had expanded the encroachment area authorized per the 1997 EP (EP-97-41) by modifying the natural state of the alley with physical improvements to the alley north of the improved driveway that included: planting a hedge along the western border of the alley; construction of a stone and decomposed granite patio across the alley; placement of lighting, furniture, and potted plants within the alley; construction of planting terraces; and installation of irrigation and drainage improvements, all within the alley.
3 October 16, 2023 Item 09
City Council Agenda Report
Appeal of EP22-101 (Initial Consideration)
October 16, 2023

Upon receiving the complaint, staff reviewed the record of approvals for 919 Klish Way, including EP-97-41, and determined that the 1997 EP approval was not applicable to any area of the alley north of the low retaining wall at the northern terminus of a flat dirt parking area within the alley for 919 Klish Way. As such, notice was provided to the owners of 919 Klish Way, to which they responded by filing an EP application (EP22-101) to request retention of the hedge, patio, and ornamental plantings located in the center of the alleyway. It was determined by Planning and Community Development staff that the Appellant’s EP request constituted a “long-term-major” encroachment in accordance with DMMC 23.28.020(F).

In February 2023, the Appellant’s architect approached staff about revising the EP to avoid the long-term major permit classification. Staff subsequently met with the Appellant and their architect to discuss a plan that would involve removing the unauthorized plants and patio, and replacing the vegetation with a native species planted in an informal, “natural” arrangement to mitigate any storm water and erosion concerns from the proposed vegetation and patio removal. That plan would be a long-term minor EP, eligible for a decision by the City Manager pursuant to the DMMC 23.28.020(G).

In March 2023, the Appellant submitted a revised EP plan that proposed the removal of all unauthorized plantings in the subject area of the alley and replacement with a uniformly planted selection of native species that included a Coast Live Oak, Lemonade Berry, Ceonothus shrubs, and a hedgerow of Toyon shrubs in the location of the unauthorized Pittosporum hedge (Attachment G). Upon review of the plan, staff determined that the proposed plan would continue to give the appearance of a privatized area and suggested that the Appellant use a native seed mix applied in a manner that would result in a clear accessible pathway surrounded by informally dispersed coastal native species. In response to staff’s recommendation, the Appellant indicated they would only be willing to remove the Pittosporum hedge, patio improvements, and rose bushes, and that that they would not provide any further installations as requested by staff for the purposes of erosion and storm water control.

On August 17, 2023, EP22-101 was conditionally approved based on the information contained on the EP plan provided in Attachment G. That plan submitted by the Appellant proposed the retention of three surface drains installed by the Appellant and the removal of the rose bushes, patio improvements, and the “cutting down” of all Pittosporum hedge plants along the western boundary of the alley. However, due to the incomplete depiction and indication on the plans that all unauthorized plant installations would be removed, and with no measures proposed to address erosion and suppress storm water flows, staff included two specific conditions of approval to address those issues, which allowed the EP to be found consistent with all required findings for approval.

The first of these special conditions, SC-1, clarifies that all unauthorized plantings in the subject area of the alley were to be removed in order to satisfy the code violation.

Secondly, condition SC-2 was added to address the storm water/erosion issue, in that it 4 October 16, 2023 Item 09
City Council Agenda Report
Appeal of EP22-101 (Initial Consideration)
October 16, 2023

required the Appellant to hydroseed the area with a seed mixture of low-growing native plants materials for erosion control purposes that would also maintain a clear walking path centered in the alleyway, which is consistent with the requirements of EP97-41.

APPEAL/STAFF RESPONSES:

On August 23, 2023, the Appellant’s legal representative Matthew Peterson, filed an appeal of the City Manager’s approval of EP22-101. The appeal lists three main arguments as the grounds for the appeal and requests that the Applicants be allowed to retain all unauthorized encroachments within the subject portion of the alley. The reasons (grounds) for appeal and staff’s responses are listed below.

A) New Information: The Appellant claims that conditions of approval SC-1 and SC-2 constitute new information that, if disclosed to them, would have caused them to revert back to their original EP request/plan, something they are now requesting of the City Council.

Staff Response - The inclusion of conditions SC-1 and SC-2 with the approval of EP22- 101 serves two important purposes, the first of which is to ensure that the cure of the violations is appropriately carried out and that all unauthorized vegetative encroachments are removed. The final plan submitted by the Appellant only depicted and called-out the Pittosporum hedges and rose bushes to be removed and/or cut-down when a visit to the site shows that additional varieties of vegetation exist in the areas of the hedges and rose bushes. Secondly, as indicated earlier in this report, the Appellant was well aware of the City’s concern that removal of unauthorized vegetation would need to be mitigated to order to control runoff and erosion, but refused to address the concern and comply with staff’s request to informally plant what would become a bare area with native seed.

B) Findings Not Supported: The Appellant claims that removal of the unauthorized mature vegetation is not in the best interest of the City.

Staff Response - DMMC Section 23.28.070 (C) contains six findings that must be made in order to approve an Encroachment Permit, which are listed below with a staff explanation how each finding can be made relative to the Appellant’s proposal to remove unauthorized encroachments within the subject portion of the alley. It is important to remember that the revised application request was to remove encroachments in the alley, not to install or keep them.

1. The proposed Encroachment will not endanger the public health, safety, or welfare, or the surrounding property
The issuance of the EP, as revised by the Appellant, does not authorize the installation or retention of any unauthorized encroachments, only the removal of them and, as conditioned to address storm water runoff and erosion, the removal of 5 October 16, 2023 Item 09
City Council Agenda Report
Appeal of EP22-101 (Initial Consideration)
October 16, 2023

encroachments would not endanger the public health, safety or welfare, or the surrounding property.

2. The proposed Encroachment will not unreasonably interfere with the intended use of a City Right-of-Way or Easement
The intended use of public right-of-way is the availability for use by the “public.” When public areas are planted and improved to appear private, they unreasonably interfere with that intention. The Appellant had planted a row of Pittosporum plants along the western boundary of the alley, which grew into a hedge that gives the subject area of the alley the appearance of “private” property.

3. The proposed Encroachment will not have an adverse impact on the welfare of the community or on the community's appearance or aesthetics As conditioned, the approved EP would have the effect of improving the adverse effects of storm water runoff and returning the alley to the appearance of a natural corridor through the hillside neighborhood, rather than a curated yard area within the public right-of-way.

4. The proposed Encroachment will not cause an unnecessary change in the character of the community
As conditioned, the EP allowing the removal of the unauthorized improvements from the alley would return the right-of-way to a “natural” character verses that of an improved residential yard.

5. The proposed Encroachment will not be a detriment to the interests of the general public
Conditional approval of EP22-101 furthers the interests of the general public by allowing the area to be returned to a space that would be visually identifiable as public instead of private and allow pedestrian access through the alley, in accordance with EP97-41.

6. The proposed Encroachment will not convert significant areas of public property to private use
Conditional approval of EP22-101 is necessary to “reverse” the unauthorized conversion of a portion of the public alley adjacent to 919 Klish Way from the appearance of private use and return it to an appearance of public property.

C) Conflicts – The Appellant contends the removal of the authorized improvements would create uncontrolled runoff and erosion.
6 October 16, 2023 Item 09
City Council Agenda Report
Appeal of EP22-101 (Initial Consideration)
October 16, 2023

Staff Response – As conditioned, EP22-101 requires specific measures to be taken by the Appellant to address the potential for uncontrolled runoff and erosion. Additionally, the EP allows for the retention of privately installed drainage improvements in the alley that would, together with the groundcover hydroseeding required by condition SC-2, mitigate the alleged conflict. Furthermore, the retention of drainage improvements and installation of hydroseed is necessary to make all findings in accordance with DMMC

23.28.070(C)(1).

STAFF ANALYSIS OF PROPOSAL TO RETAIN PRIVATE ENCROACHMENTS:

In addition to providing justification as to why they believe EP22-101, as conditioned, should not be required or enforced, the Appellant is additionally requesting through the appeal that the City Council allow all existing private encroachments in the subject portion of the public alley to remain, which include both vegetative and structural (patio) improvements. The appeal process, as identified earlier in this report, does not allow the City Council to consider the new proposal; rather, the scope of the initial consideration and any subsequent de novo hearings must consider the project that was reviewed and approved.

In addition to the findings required for the approval of an EP, City Council Policy 110 addresses which types of private encroachments are compatible with and enhance the public areas that City rights-of-way represent and, conversely, which types of encroachments are inappropriate because they would change the character and perception of a right-of-way area to one of being under private ownership and/or benefit a private party rather than being a public space (Attachment H).

City Council Policy 110 goes on to state that it is the City’s policy that proposals for encroachments that would result in an impression or appearance that the encroached upon area is owned by or reserved solely for the private use of the adjacent property will not be authorized unless the City Council makes a finding that the proposed encroachment will result in a public benefit to the community. Examples listed in the policy as being inappropriate encroachments include, but are not limited to: fences, hedges or vegetation that would create the impression that the ‘walled-off” area is private vs. public property.

It is staff’s recommendation to the City Council that the Appellant proposed retention of the existing encroachments would legitimize the past conversion of a significant area of public alley/right-of-way to private use and would be inconsistent with not only the required findings of DMMC Section 23.28.070(C)(2) and (6), but would also be inconsistent with City Council Policy 110. Therefore, staff further recommends that the City Council uphold the approval of EP22-101 and enforcement of conditions included therein, and not consider the Appellant’s request to change the intent of EP22-101 from allowing the performance of removal work in the public right-of-way to allowing the appearance of private use and enjoyment of the public right-of-way. 7 October 16, 2023 Item 09
City Council Agenda Report
Appeal of EP22-101 (Initial Consideration)
October 16, 2023

FISCAL IMPACT:

There is no fiscal action to be taken or fiscal impact related to this agenda item as costs associated with removing the unauthorized vegetation and patio improvements from the public right-of-way (alley) and complying with condition SC-2 of the EP would be the responsibility of the Appellant.

ENVIRONMENTAL IMPACT:

The project is listed among the classes of projects determined to have less than significant adverse effect on the environment and therefore, would be exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15301(c) Class 1 – Existing Facilities (pedestrian trail). Further, the project none of the six exceptions to the use of a Categorical Exemption would be applicable (Guidelines Section 15300.2).

ATTACHMENTS:

Attachment A – EP22-101 Conditional Approval
Attachment B – EP-97-41 City Council Staff Report
Attachment C – Appeal of EP22-101
Attachment D – 919 Klish Way/Alley Vicinity Map
Attachment E – Lancor 1973 Alley Encroachment Request
Attachment F – EP-97-41 Recorded Covenant (1998)
Attachment G – March 2003 Revised EP22-101 Plan
Attachment H – City Council Policy #110
8 October 16, 2023 Item 09
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us August 17, 2023
Tanya Young and Michael McManus
Via Email: [email protected]
Subject: Encroachment Permit (EP) 22-101 (Retention of Drainage Improvements and Removal of Unauthorized Patio and Planting Encroachments within the Public Alley Adjacent to 919 Klish Way)
By receipt of this letter of conditional approval of the requested EP and implementation of the development authorized therein, the applicant acknowledges that he/she has read and agrees to abide by all conditions of approval of the EP contained in this letter. The applicant also agrees to furnish a copy of the conditions of approval to the general contractor, or other party who will be responsible for project implementation, so that they too will be aware of the conditions of approval.

This letter is to notify you of the conditional approval of Encroachment Permit EP22-101 to: 1) retain previously installed drainage improvements within the public unimproved alley adjacent to 919 Klish Way; and, 2) to perform work involving the removal of all patio improvements/gravel, rose bushes and Pittosporum hedges, and related irrigation improvements from the public alley as indicated on plans submitted and dated August 17, 2023, by Bokal and Sneed Architects. Note:

Nothing in this action implies approval of any other unauthorized encroachments that may exist within the public alley.

Please read all the conditions carefully prior to the commencement of any work. Note that gaps in numbering are intentional.

CODE ENFORCEMENT CONDITION:

CE-1 [Timing of Work]
The development / activity authorized with this permit is part of an active Code Enforcement case.

As part of the condition of approval, and to close the active code enforcement case, the applicant shall perform the work approved by this permit within sixty (60) calendar days of the City’s action approving EP22-101. Evidence of the completion of the project within this time frame shall be submitted to the Code Enforcement Official as proof of compliance.

SPECIAL CONDITION:

SC-1 [Required Vegetation Removal]
The purpose of this condition is to clarify and require that all vegetation, regardless of species, planted in the location of the Pittosporum hedges and rose bushes shall be considered unauthorized plantings and shall be removed within the time period specified in condition CE-1.

ATTACHMENT A
9 October 16, 2023 Item 09
EP22-101 (Removal of Alley Encroachments)
Conditional Approval Letter
August 17, 2023
SC-2 [Required Erosion Control]
Within thirty (30) calendar days of removing all unauthorized improvements and plantings identified for removal in this Permit, the Applicants shall, at their own expense, provide erosion control measures in the form of “hydroseeding” with a seed mixture of low-growing native plant materials for erosion control purposes. The area of hydroseeding shall be applied to the full dedicated width of the alley and shall extend from the northern extent of the private driveway improvements to the boulders located to the north. The hydroseeding shall be applied in a manner that will provide a minimum four feet wide, level walking path in the approximate middle of the dedicated alley.

Temporary irrigation, in the form of on-grade PVC equipped with low-impact stream spray nozzles may be used to irrigate the hydroseeding to establishment and shall be removed upon order of the City. At least five (5) days prior to the application of the hydroseeding, the Public Works Director shall be notified and shall provide approval of the seed mixture proposed for use. If an alternative methodology for providing erosion control of the remediated alley area is desired by the Applicant, it must be submitted to the Public Works Director for consideration prior to the removal of the unauthorized alley encroachments. Any approval of alternative erosion control shall be at the discretion of the Public Works Director.

PUBLIC WORKS CONDITIONS:

PW-1 [Notification of Public Works Department prior to and after Completion of Work] The applicant agrees to notify the Director of Public Works in writing at least forty-eight (48) hours in advance of time when work authorized in this permit will be started. Applicant shall state the EP number, original date of approval and a short description of the work. Submit via email to [email protected]. Additionally, upon completion of the work, the applicant agrees to immediately notify the Director of Public Works in writing of such completion. Any improvement or modification of the right-of-way shall be subject to inspection and approval of work from the Public Works Director’s representative.

PW-2 [Bulk Pallet Storage]
Unless prior written authorization has been received from the City Manager, no materials shall be stored in bulk pallet form in a City right-of-way.

PW-3 [USA Markout]
At least 72 hours prior to the excavation of any area within a right-of-way, the applicant shall contact Underground Services Alert (USA) at (800) 422-4133 for the purpose of identifying the location of buried utilities so as to avoid disturbance thereof. All proposed dig or trench areas shall be pre-marked with white paint prior to contacting for USA markout. No work shall commence until USA markout has occurred.

The permittee is advised that the locations of utility lines may vary from those shown on project plans and that coordination with the appropriate utility companies is, therefore, imperative. Any damage or repair thereof to utility lines caused as a result of project implementation shall be the permittees responsibility. The applicant shall be responsible for removing or blocking out all pavement markings installed for the project immediately upon completion of the work authorized in the Encroachment Permit.
10 October 16, 2023 Item 09
EP22-101 (Removal of Alley Encroachments)
Conditional Approval Letter
August 17, 2023
PW-18 [Public Works Inspection]
Permittee shall schedule inspections with the Public Works Department (858) 755-3294 at least 24 hours prior to need as follows:
a. Sidewalk, Driveway, Curb and Gutter and other Concrete Work – Pre-pour and Final b. Street Excavation – T-Cut and Final
c. Sewer – Lateral Capping during Demolition and New Lateral Connection to Main d. All Other Encroachment Activity – Final
GENERAL ENCROACHMENT CONDITIONS:

GEP-2 [EP – Indemnification]
By accepting this permit and implementing the development authorized herein, the applicant agrees to indemnify, defend and save the City of Del Mar, its authorized agents, officers, representatives and employees harmless from and against any and all penalties, liabilities, annoyances, or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to the application or by reason of the permittee's installation, operation, maintenance or removal of the encroachment.

GEP-4 [EP - Compliance with Conditions]
The applicant hereby agrees to do all work and otherwise comply with the terms and conditions of this permit, and all applicable rules and regulations of the City of Del Mar and/or other public agency.

GEP-5 [EP - Revocation of Permit Due to Noncompliance with Conditions] This permit may be revoked by the City if noncompliance is noted to the applicant and satisfactory action is not taken by the applicant or his/her agents to achieve compliance within twenty-four (24) hours of notice.

GEP-7 [EP - Permit Expiration]
This permit and the authorization for use/work within a City right-of-way herein granted shall expire in accordance with the provision to perform the authorized work in condition CE-1.

GEP-9 [EP - Compliance with CAL-OSHA]
The permittee shall obey and enforce all safety orders, rules, regulations, and recommendations of the Department of Industrial Relations of the State of California, CAL-OSHA, applicable to the work and shall comply with all applicable laws, ordinances, codes, and regulations. Any omission on the part of the Director to specify protective measures or devices in the Encroachment Permit shall not excuse the permittee from complying with all applicable requirements of law.

GEP-11 [EP - Compliance with City Codes and Permit Conditions] Any person violating any provisions of or failing to comply with any of the requirements of this Permit or of DMMC Chapter 23.28 shall be subject to the enforcement provisions set forth in DMMC Chapters 1.08 and 30.98.

GEP-12 [EP - Change of Permit Conditions at Direction of the City] The City retains the right to change conditions of this Permit granted and order the relocation or adjustment of lines, manholes, fixtures, and apparatus hereby allowed to be installed, whenever, 11 October 16, 2023 Item 09
EP22-101 (Removal of Alley Encroachments)
Conditional Approval Letter
August 17, 2023
in the opinion of the City, this becomes necessary; and desirable. In the event that such an order is made, all changes required pursuant thereto shall be made at the sole expense of the Permittee.

GEP-13 [EP - Notification of Utility Owner]
The applicant shall notify the appropriate Public Utility a minimum of seventy-two (72) hours prior to performing any work on or adjacent to any public utility. All such work shall be done only with authorization and with inspection by the appropriate utility owner.

GEP-15 [EP - No Transfer in Property Interest]
The granting of an encroachment permit pursuant to this chapter shall not constitute the transfer or relinquishment of any ownership or interest held by the City over the public right-of-way, nor shall such permit confer any vested or proprietary rights upon the holder of the permit beyond the right to utilize the encroachment area in the manner authorized by the permit and subject to all of the conditions set forth herein.

The applicant agrees to protect all survey markers and monuments in the vicinity of the work and agrees to replace any markers or monuments, if damaged, to the satisfaction of the Public Works Director.

GEP-16 [Compliance with City Noise Regulations]
The applicant and all parties involved with implementation of the project shall comply with the regulations of the DMMC with regard to construction noise. The regulations stipulate that all construction activities are limited to the following periods: between 7:00 a.m. and 7:00 p.m. / Monday through Friday and between 9:00 a.m. and 7:00 p.m. on Saturdays. Construction activities are prohibited during other hours and on Sundays and City Holidays. The City’s Noise Ordinance, Chapter 9.20 of the Del Mar Municipal Code, includes the dates of City Holidays, and can be viewed on the City’s web page (www.delmar.ca.us).

GEP-17 [EP - Improvements Subject to Compliance with ADA Accessibility Requirements] The applicant shall be responsible for ensuring that all improvements are implemented in compliance with the applicable provisions of the Americans with Disability Act (ADA).

Information about requirements for complying with ADA requirements can be gained from the following website:
http://www.access-board.gov/adaag/html/adaag.htm
GEP-18 [EP – Business License]
Prior to commencement of any work on site, all contractors and subcontractors shall obtain a valid City of Del Mar Business License. The general contractor shall be responsible for ensuring that all subcontractors obtain the required Business License and shall retain copies of said permits on site for verification by City staff.
12 October 16, 2023 Item 09
EP22-101 (Removal of Alley Encroachments)
Conditional Approval Letter
August 17, 2023
If you have any questions on this matter, please contact Matt Bator, Principal Planner at (858) 755-9313, ext. 1158, or email [email protected].

Clem Brown
Assistant City Manager
CB:mb
13 October 16, 2023 Item 09

ATTACHMENT B
14 October 16, 2023 Item 09
15 October 16, 2023 Item 09
16 October 16, 2023 Item 09
17 October 16, 2023 Item 09
18 October 16, 2023 Item 09
19 October 16, 2023 Item 09
20 October 16, 2023 Item 09
21 October 16, 2023 Item 09
22 October 16, 2023 Item 09
23 October 16, 2023 Item 09
24 October 16, 2023 Item 09
25 October 16, 2023 Item 09
26 October 16, 2023 Item 09
27 October 16, 2023 Item 09
28 October 16, 2023 Item 09
29 October 16, 2023 Item 09
30 October 16, 2023 Item 09
31 October 16, 2023 Item 09
32 October 16, 2023 Item 09
33 October 16, 2023 Item 09
McManus -Young Appeal of Staff Conditional Approval
of Encroachment Permit EP 22-101
The appellant’s full name, address, and phone number;
Matthew A. Peterson ESQ (Agent)
on behalf of Dr. Michael McManus and of Tanya Young
402 West Broadway
Suite 1815
San Diego, CA 92101
619-234-0361
[email protected]
The date of the determination;
August 17th, 2023
The determination for which review is sought;
Conditional approval of EP 22-101
The appellant’s interest in the appealed determination; and Agent representing Applicant/Owner
The grounds for appeal with supporting documentation.

See below and attached.

Grounds for Appeal.
• New Information.

Our clients originally applied for a major Encroachment Permit to retain landscaping and improvements within the unimproved alley adjacent to their home at 919 Klish Way. In discussing the matter with staff (and their hope to avoid wasting the City Council’s valuable time), staff indicated that many of

ATTACHMENT C
34 October 16, 2023 Item 09
the improvements would need to be removed to qualify for minor Encroachment Permit to be approved by staff. As a result, our client submitted a revised site plan showing removal of vegetation and improvements. However, staff took it a step further and in its decision to approve, required removal of “all vegetation”, and the installation of hydro seeding and irrigation. As a result, our clients have decided to revert to their original major encroachment application and seek City Council’s approval.

This new information was not available through reasonable efforts or due diligence before the staff made its decision.
• Findings Not Supported.

Our clients submitted an email to your Planning Director on August 14th, 2023 (see Attached Exhibit A). This email contains significant information why staff’s conditional approval of the Encroachment Permit is not supported and why the removal of all of the vegetation is not in the best interest of the neighbors or the City. Attached to the email is a petition signed by multiple surrounding owners and residences who do not support the staff condition requiring that all landscaping and mature trees be removed. The City has already approved a similar Encroachment Permit EP 97-41 for the westerly portion of the paper alley. There is no reason to believe that circumstances have changed and that this requested EP 22-101 should be conditioned to remove all trees and bushes. The decision maker’s conditional approval is not supported by the information provided.
• Conflicts.

Staff’s conditional approval went too far and would result in the unimproved alley being virtually denuded of all vegetation which will then result in an unsightly condition with uncontrolled erosion and runoff. The upper portion 35 October 16, 2023 Item 09
of the alley will wash away and down into the public street. The very low walls, paths, the gravel, and the mature trees and vegetation roots help mitigate erosion and runoff while at the same time creating a natural solitude and quiet area for the neighbors to enjoy at their leisure. There is no legitimate purpose to be served by removal of mature vegetation and trees or the removal of the other erosion control measures already in place. The City has not maintained any of this paper alley in the past, and we can’t imagine that the City wants to take on that maintenance & upkeep now. The decision to conditionally approve the permit conflicts with City policy and the public’s best interests.
36 October 16, 2023 Item 09
37 October 16, 2023 Item 09
38 October 16, 2023 Item 09
39 October 16, 2023 Item 09
40 October 16, 2023 Item 09
41 October 16, 2023 Item 09
42 October 16, 2023 Item 09
43 October 16, 2023 Item 09
44 October 16, 2023 Item 09
45 October 16, 2023 Item 09
Attachment C ATTACHMENT D
46 October 16, 2023 Item 09

ATTACHMENT E
47 October 16, 2023 Item 09
48 October 16, 2023 Item 09
49 October 16, 2023 Item 09
50 October 16, 2023 Item 09
51 October 16, 2023 Item 09
52 October 16, 2023 Item 09
53 October 16, 2023 Item 09
54 October 16, 2023 Item 09
55 October 16, 2023 Item 09
56 October 16, 2023 Item 09
57 October 16, 2023 Item 09
58 October 16, 2023 Item 09
ENCROACHMENT PERMIT - SHORT TERM sheet 1 919 KLISH WAY
05 JULY 2023

YOUNG/ MCMANUS RESIDENCE
Scale: 1"=20'
& SNEED

ARCHITECTS
BOKAL

PROJECT CONTACT
APN: 300-263-20

ENCROACHMENT SCOPE

RECEIVED
8/7/23 City of Del Mar
Planning Department 8/17/23
59 October 16, 2023 Item 09
ENCROACHMENT PERMIT - SHORT TERM sheet 2
Scale: 1"=10'
& SNEED

ARCHITECTS
BOKAL
919 KLISH WAY
05 JULY 2023

YOUNG/ MCMANUS RESIDENCE
APN: 300-263-20

ENCROACHMENT SCOPE
60 October 16, 2023 Item 09

ATTACHMENT H
61 October 16, 2023 Item 09
62 October 16, 2023 Item 09
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Adriana Jaramishian, Associate Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: October 16, 2023
SUBJECT: Adoption of a City Council Policy to Implement Housing Element Program 2B (Accessory Dwelling Unit Amnesty Program to Create Affordable Units) REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution (Attachment A) establishing a new City Council Policy (Exhibit A to Attachment A) to implement a new amnesty program to create moderate and low-income affordable dwelling units as identified in Housing Element Program 2B.

BACKGROUND:

Housing Element Program 2B commits the City to consider and adopt an Accessory Dwelling Unit (ADU) Amnesty Program by December 2023. The proposed ADU Amnesty Program is intended to supplement the ADU Incentive Program, in process as a separate uncodified Ordinance, to implement Housing Element Program 2A. The City’s goal is to utilize a range of incentives offered through Housing Element Programs 2A and 2B to facilitate production of at least fifteen (15) low-income units and create additional opportunities consistent with Program 6B, which commits the City to implement a suite of actions to create at least 100 new opportunities to improve housing choice and affordability options for moderate income, lower income, and special needs households.

The intent per the Housing Element is to help existing households remain living in the community and help new households to relocate to Del Mar as opportunities become available.

The proposed ADU Amnesty Program has been previously considered and discussed in noticed public meetings held by the Planning Commission on July 11 and September 12, 2023. At the July 11, 2023, workshop, the Commission discussed potential implementation approaches for the proposed Amnesty Program. Feedback included recommendations to conduct additional public outreach and use both incentives (i.e., fee waivers) and penalties to encourage property owners to identify qualifying units and 1 October 16, 2023 Item 10
City Council Agenda Report
ADU Amnesty Council Policy
October 16, 2023

participate in the program to generate affordable units that can be counted towards the City’s affordable housing obligation.

On September 12, 2023, the Planning Commission formally considered the proposed ADU Amnesty Program as revised to address feedback from the public workshop. The Commission unanimously recommended approval to the City Council with recommendations to specify a two-year timeframe for the Amnesty Program, and that the City Council consider increasing code enforcement fines. The proposed Council Policy (Exhibit A to Attachment A) has since been revised to reflect a two-year timeframe for the Amnesty Program. Any amendments to the applicable code enforcement fines would need to be addressed separately as part of a citywide ordinance update specific to the City’s code enforcement fee schedule. Analysis of the existing code enforcement process and penalty fee structure is provided in the report analysis below and Attachment B.

DISCUSSION/ANALYSIS:

The ADU Amnesty Program is proposed for a two-year time period and shall commence on the date the policy is adopted by the City Council. At the end of the initial two-year period, the City Council would have the opportunity to extend the program for an additional period of time established at their discretion.

Amnesty Program Participation
To enter into the proposed Amnesty Program, property owners would come forward, either voluntarily or through the City’s Code Enforcement process, to legalize the unpermitted unit(s) on their property. To qualify for participation in the Program, the ADU must have been created by April 15, 2021. The City is proposing to use incentives to encourage voluntary participation in the program for owners who are willing to deed restrict their unpermitted unit as an income restricted rental to a moderate income or lowincome household. This would include a courtesy 30-minute confidential consultation with City staff prior to application and a variety of incentives, fee waivers, and concessions as identified below. Much of this would involve facilitating legalization of the unit through required permit processes and accommodating the associated fees where it aligns with the City goals to create new affordable units.

Owners would be required to go through the local process to obtain all required permits and would be required to bring the unpermitted unit up to current California Building Code standards. Required permits for bringing all units into compliance would include an Administrative Coastal Development Permit issued by the Planning and Community Development Director and a building permit issued by the Building Division. A courtesy site inspection by a Building Inspector could be provided as part of the process as an incentive to bring the unit into compliance; however, it would be the property owner’s responsibility to demonstrate compliance with the California Building Code. 2 October 16, 2023 Item 10
City Council Agenda Report
ADU Amnesty Council Policy
October 16, 2023

Once the building permit has been issued by the Building Division, the property owner would have five years to complete any necessary construction to bring the unit into compliance with current the Building Code. Should the property owner exceed the five years, the property would be in violation of the Program commitment and as a result the City’s code enforcement fines would apply until the unit has received final inspection and approval for dwelling unit occupancy by the Building Division.

Program Incentives, Fee Waivers, and Concessions
The award of incentives, fee waivers, and concessions considers the typical permit process and code enforcement fee structure to align the Amnesty Program with City goals to create new affordable units. The typical ADU development permit process and code enforcement for a unit developed without obtaining required permits involves:
• Permits: Processing of two ministerial permits including an ADU permit and a building permit, and a recordation fee to cover recordation of the associated deed restriction with the County of San Diego (County Recorder). The current permit cost for these permits is $310 for the Administrative Coastal Development Permit, $4,000 to $14,000 for the building permit depending on the size of the structure and whether the development’s location is subject to environmentally sensitive constraints (i.e., resource protection-related Overlay zones), and $105 County Recorder fee.
• Plan preparation: An owner is typically responsible for preparation of their own building plans to demonstrate compliance with the applicable objective standards.

Stephen Dalton Architects, the City’s on-call consultant, estimates a cost of approximately $17,500 for preparation of full construction drawings for a building permit. This construction drawing plan set estimate would generally include the type of details the City would need to review (i.e., site plan, floor plan, elevations, etc.)
• Code enforcement fines: For dwelling units that are developed without obtaining the required permits, additional code enforcement-related fines are applicable depending on the nature of the violation and the timing and manner in which the code violations are addressed. As identified in Attachment B, the code enforcement fee structure is applicable on a per violation basis that escalates when the violation is not timely addressed. The associated costs for compliance can add up when there are multiple violations. For example, previous code violations for unpermitted dwelling units have resulted in a range of fines from $1,400 to $6,300.

Through the Amnesty Program, property owners willing to deed restrict their unpermitted ADU as an income restricted rental could be granted fee waivers or partial waivers, courtesy inspections, and additional concessions during the permitting process to bring the unpermitted unit into compliance as shown in Table 1 below. Property owners who are unwilling to restrict their unpermitted ADU as an income restricted rental would be 3 October 16, 2023 Item 10
City Council Agenda Report
ADU Amnesty Council Policy
October 16, 2023

required to go through the full permitting process, at full cost to the owner. The Program would generally grant partial waivers and concessions for applications where an owner commits to rent the unit to a moderate-income household, and full fee waivers where an owner commits to rent the unit to a low-income household for a set period of time. The proposed timeframe commitment is 30 years, which is consistent with the City’s ADU Incentive Program applicability to single dwelling unit and duplex development.

While the Planning Commission recommendation is to waive code enforcement fines for the first two years as an incentive for program participation, staff recommends that the City issue only partial waivers of code enforcement fees (up to a maximum of $500) unless the owner commits to deed restrict the unit for rental to a low-income household.

Staff recommends no fee waivers or concessions for property owners who choose not to restrict their existing unpermitted ADU for rent to moderate-income or low-income households.

Table 1 below provides specific details for applicable fee types and how waivers or partial waivers might be applied based on the unrestricted or restricted income level for the ADU.

TABLE 1: PROPOSED WAIVERS/CONCESSIONS
Fee Type Above Moderate
ADU/Unrestricted
Income Level
Moderate ADU Low-Income
ADU
Code Enforcement
Fees/Fines
Partial waiver up
to $500 maximum
Partial waiver up
to $1,000
maximum
100% waiver
applied
Administrative Coastal
Development Permit
Fee
No waiver applied 50% waiver
applied
100% waiver
applied
Building Permit Fees,
including Building
Inspection
No waiver applied 50% waiver
applied to building
permit fees;
Courtesy 30-
minute inspection
provided
100% waiver
applied; Courtesy
30-minute
inspection
provided
Deed Restriction
Recordation Fee
No waiver applied 50% waiver
applied
100% waiver
applied
ADU Incentive
Program
N/A N/A • Bonus JrADU
• 500 SF FAR
bonus towards
non-ADU
4 October 16, 2023 Item 10
City Council Agenda Report
ADU Amnesty Council Policy
October 16, 2023

development
on-site
Additional concessions No additional
concessions
• Accommodate existing ADU that
exceeds allowed maximum SF
(attached or detached ADU)
• Accommodate ADU with existing
height greater than 16 feet
• Accommodate ADU size that
exceeds allowable FAR/lot
coverage for the lot
Table 2 below shows the fees/costs for each step in the process. As mentioned above, some or all of these fees would be absorbed by the City should a homeowner choose to create a moderate-income or low-income ADU, according to the draft policy.

TABLE 2: FEES
Fee Type Fine/Cost (subject to increase)
Code Enforcement Fees/Fines See Attachment B
Administrative Coastal Development Permit
Fees
$310. Cost is adjusted every year on
July 1 per the City’s adopted fee
schedule.

Building Permit Fees, including Building
Inspection
$4,000 to $14,000. Dependent on
size of ADU and location within the
City.

Deed Restriction Recordation Fee Approximately $105.

Relationship to the Housing Element
The intent of the Amnesty Program is to identify dwelling units that can be counted towards the City’s Regional Housing Needs Assessment (RHNA). The Housing Element identifies production of at least 15 low-income units as its primary goal for this housing strategy. The Program can also be beneficial to the City if able to create units for moderate income, lower income, and special needs households. In order to count the unit in annual progress reports submitted to the California Department of Housing and Community Development, City staff would need to verify that the unit has not been previously counted toward the City’s RHNA and that the unit existed as of April 15, 2021. 5 October 16, 2023 Item 10
City Council Agenda Report
ADU Amnesty Council Policy
October 16, 2023

HOUSING IMPACT:

This action implements the City’s certified Housing Element Program 2B (ADU Amnesty Program)) and is a component of Program 6B (Affirmatively Furthering Fair Housing). The Housing Element identifies a need to create at least 113 lower income units and to provide actions to create at least 100 new opportunities to improve housing choices/options for moderate and low-income, and special needs households. The Amnesty Program, in conjunction with the amended ADU Incentive Program (Housing Element Program 2A), is intended to create at least 15 low-income units. The Amnesty Program is also offering incentives to try to create new moderate-income units.

FISCAL IMPACT:

Should the City Council adopt the program, as proposed, there would be a fiscal impact to the City for covering the cost of permit fees, inspection fees, and deed recordation for moderate-income or low-income ADUs.

FISCAL IMPACT ESTIMATE
Incentive/Fee Waiver
Type
Typical Cost
Recovery by City
with Partial
Amnesty Waiver of
Code Enforcement
Estimated Fiscal Impact to City
Moderate
Income Unit
Low Income
Unit
Administrative Coastal
Development Permit
Fees
$310. (Cost is
adjusted every year
on July 1 per the
City’s adopted fee
schedule.)
Loss of $155 per
unit
Loss of $310
per unit
Building Permit Fees,
including Building
Inspection
$4,000 to $14,000.
(Dependent on size of
ADU and location
within the City.)
Loss of $2,000 to
$7,000 per unit
Loss of $4,000
to $14,000 per
unit
Deed Restriction
Recordation Fee
Approximately $105. Loss of $52.50
per unit
Loss of $105
per unit
Total Recovery of up to
$14,415 per unit
Loss of up to
$7,207.50 per
unit
Loss of up to
$14,415 per
unit
Code Enforcement Fees Loss of up to $500
deduction per unit
Loss of up to
$1,000
deduction per
unit
Full waiver
loss of up to
approximately
$3,000 per unit
6 October 16, 2023 Item 10
City Council Agenda Report
ADU Amnesty Council Policy
October 16, 2023

Total with Code
Enforcement
Fees/Waivers
Cost recovery with
exception of loss up
to $500 per unit
Loss of up to
$8,207.50 per
unit
Loss of up to
$17,415 per
unit
ENVIRONMENTAL IMPACT:

Pursuant to the California Environmental Quality Act (CEQA), the proposed action has been analyzed and determined to be Exempt from CEQA as follows:
• Statutory exemption per Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h) applicable to the adoption of an ADU ordinance to implement the Government Code Section 65852.2 provisions; and • Categorical exemption per CEQA Guidelines Class 1 exemption per Section 15301 (Existing Facilities) because the proposed amendments would allow a negligible expansion of existing residential use in urban, infill locations to accommodate ADUs and accessory bonus units through the proposed incentive program for creation of affordable housing for low income households consistent with the City’s certified Housing Element; Class 2 exemption per Section 15302 (Replacement or Construction) because the proposed amendments would allow new small accessory units and structures only on sites with existing residential development and would maintain substantially the same purpose and capacity; Class 3 (New Construction or Conversion of Small Structures) because the amendments would allow for a limited number of new structures in compliance with the California Government Code mandatory provisions for ADUs, the City’s certified LCP, and other applicable State Housing Law and Coastal Act requirements; and Class 32 (Infill Development Projects) because the proposed development would allow small-scale infill development consistent with the certified Housing Element, would not result in any significant effects to traffic, noise, air quality or water quality, would not be allowed within any locations containing environmentally sensitive habitat for endangered, rare, or threatened species, and would be limited to sites that can adequately be served by public services and utilities.

Notwithstanding applicability of the Statutory and Categorical Exemptions identified above, the proposed action has been the subject of prior environmental analysis in the 6 th Cycle Housing Element Final Program Environmental Impact Report (SCH No. 2020029064) certified by the City Council on October 5, 2020 (Resolution 2020-52), which analyzed and disclosed anticipated impacts of future housing development. Refer to the Final PEIR: www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 No new or substantially greater impacts would result from implementation of the ADU Amnesty Program. As such, pursuant to CEQA Guidelines Sections 15162 and 15163, and based on the review of the entire record, including without limitation, the Final PEIR 7 October 16, 2023 Item 10
City Council Agenda Report
ADU Amnesty Council Policy
October 16, 2023

referenced above, the proposed action does not require a subsequent EIR or further environmental review.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Implementation of Housing Element Programs 2A and 2B in accordance with the certified Housing Element is a Tier 1 City Council identified priority for completion in Fiscal Year 2023-2024.

ATTACHMENTS:

Attachment A – Resolution Establishing City Council Policy 119 – ADU Amnesty Program
Attachment B – Code Enforcement Process and Penalty Fee Structure 8 October 16, 2023 Item 10
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, ADOPTING A CITY COUNCIL POLICY

ESTABLISHING AN ACCESSORY DWELLING UNIT (ADU)
AMNESTY PROGRAM TO IMPLEMENT THE 6

TH CYCLE
HOUSING ELEMENT PROGRAM 2B
WHEREAS, the City maintains a City Council Policy Book with adopted Council policies stating the City Council’s expectations for policies and procedures relating to General Administration, Boards, Commissions and Committees, and City Council Meeting Procedures; and
WHEREAS, the City Council adopted the 6th Cycle Housing Element on April 3, 2023, which included Program 2B within the Housing Plan indicating the City’s intent to establish an ADU Amnesty Program; and
WHEREAS, in accordance with State law the Housing Element is intended to facilitate opportunities for a variety of housing types at a variety of income levels to accommodate the Regional Housing Needs Assessment (RHNA); and WHEREAS, the purpose of the ADU Amnesty Program is to identify undocumented dwelling units that can be brought up to code and later be counted as moderate-income or low-income units to meet the City’s RHNA and adopted housing goals as stated in the Housing Element; and
WHEREAS, the City’s goal is to utilize a range of incentives offered through Housing Element Programs 2A and 2B to facilitate production of at least fifteen (15) lowincome units and create additional opportunities consistent with Housing Element Program 6B, which commits the City to implement a suite of actions to create at least 100 new opportunities to improve housing choice and affordability options for moderate income, lower income, and special needs households; and WHEREAS, establishing the ADU Amnesty Program by this City Council Policy would fulfill Program 2B within the Housing Plan of the certified Housing Element; and WHEREAS, the proposed action has been analyzed and determined to be Statutorily Exempt from CEQA per Public Resources Code Section 21080.17 and CEQA Guidelines Sections 15282(h) and Categorically Exempt per CEQA Guidelines Class 1 15301 (Existing Facilities), Class 2 Section 15302 (Replacement or Construction), Class 3 (New Construction or Conversion of Small Structures), and Class 32 (Infill Development Projects); and
WHEREAS, the proposed action is consistent with prior environmental analysis prepared for the 6th Cycle Housing Element Final Program Environmental Impact Report (“PEIR”) (SCH No. 2020029064) that was certified by the City Council on October 5, 2020 Attachment A
9 October 16, 2023 Item 10
Resolution No. 2023-__

(Resolution 2020-52), and that PEIR analyzed the Housing Element Programs, including the Amnesty Program, and disclosed all anticipated environmental impacts of future housing development programs and reduce those impacts to levels of insignificance; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar, California, hereby ratifies and approves City Council Policy 119 as set forth in Exhibit A to this Resolution; and
NOW, BE IT FURTHER RESOLVED that City Council Policy 119 be incorporated into the City Council Policy Book.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held the 16th day of October 2023. _____________________________
Tracy Martinez, Mayor
City of Del Mar
10 October 16, 2023 Item 10
Resolution No. 2023-__

APPROVED AS TO FORM:

Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2023-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 16th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
11 October 16, 2023 Item 10

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
119 ACCESSORY DWELLING UNIT (ADU) AMNESTY

PROGRAM
DATE ADOPTED: XX/XX/XX
BY RESOLUTION: 2023-XX
PAGES: 1 OF 3
I. PURPOSE AND INTENT:

This policy establishes the City of Del Mar Accessory Dwelling Unit (ADU) Amnesty Program and outlines the procedure by which a property owner would legalize an existing ADU that was previously constructed without the benefit of permits. The intent of the policy is to legalize unpermitted dwelling units and identify undocumented dwelling units that can be documented and reported to the State Department of Housing and Community Development Department in the Annual Housing Progress Report. Further, this Program will provide incentives to create deed-restricted moderate and low-income housing that can be assigned as moderate and lowincome units in the City’s Regional Housing Needs Allocation (RHNA) and adopted housing goals as stated in the Housing Element. The establishment of this policy satisfies Program 2B and is a component of Program 6B of the City’s Certified 6th Cycle Housing Element.

II. POLICY
A. PROCEDURE:

The Amnesty Program shall commence on the date the policy is adopted by the City Council and be active for two years, unless extended by the City Council. Property owners will come forward, either voluntarily or through the City’s Code Enforcement process, to legalize the unpermitted dwelling unit(s) on their property. During the two-year Program, fee waivers may be granted in accordance with Table 1 below, depending on how the ADU is utilized.

Below is a step-by-step procedure to legalize an existing, unpermitted Accessory Dwelling Unit, and for creation of a low-income housing unit.
1) Property owner contacts the Planning Department for assistance with legalizing the existing ADU.
a. If the property owner comes forward due to a code enforcement complaint, a portion of the code enforcement fees may be waived in accordance with this Program.
2) City staff shall verify the unit existed as of April 15, 2021, and that the unit has not been previously counted toward the City’s RHNA.
3) The City shall provide confidential consultation and free initial inspection by Building Inspectors.
4) Applicant applies for Administrative Coastal Development Permit (Admin CDP), consistent with Chapter 30.91 and Chapter 30.75 of the Del Mar Municipal Code Resolution Exhibit A
12 October 16, 2023 Item 10

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
119 ACCESSORY DWELLING UNIT (ADU) AMNESTY

PROGRAM
DATE ADOPTED: XX/XX/XX
BY RESOLUTION: 2023-XX
PAGES: 2 OF 3
(DMMC). A portion of the permit fees may be waived for the Admin CDP as an incentive to create affordable housing for moderate-income or low-income households. 5) A building permit is required through the Building Division. The Applicant shall submit plans and a building permit application to begin the process. A portion of the building permit fees may be waived as an incentive to create affordable housing for moderate-income or low-income households.
6) Once the building permit is issued, the Applicant has five years to bring the ADU into compliance with Building Code Standards. The building permit standards related to timing for permit expiration identified in DMMC Section 23.50.030 shall be waived. 7) After the ADU has been brought into compliance with the California Building Code, and final building permit inspection has been completed on the building permit, if the Applicant agrees to rent the unit as a rent-restricted unit for moderate-income or lowincome households for a 30-year period, a deed restriction shall be recorded with the County of San Diego documenting the income-restrictions of the unit.

See Table 1 on next page
13 October 16, 2023 Item 10

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
119 ACCESSORY DWELLING UNIT (ADU) AMNESTY

PROGRAM
DATE ADOPTED: XX/XX/XX
BY RESOLUTION: 2023-XX
PAGES: 3 OF 3
Table 1: Fee Waivers/Concessions based on ADU Type
Above Moderate
(Market Rate)
Moderate-Income ADU Low-Income ADU
Code Enforcement Fees/Fines Partial waiver up to
$500 maximum
100% waiver applied 100% waiver
applied
Administrative Coastal
Development Fees
No waiver applied 50% waiver applied 100% waiver
applied
Building Permit Fees, including
Building Inspection
No waiver applied 50% waiver applied 100% waiver
applied
Deed Restriction Recordation Fee No waiver applied 50% waiver applied 100% waiver applied
ADU Incentive Program N/A N/A • Bonus JrADU
• 500 SF FAR bonus
towards non-ADU
development onsite
Additional Concessions No additional
concessions
• Accommodate existing ADU size that
exceeds allowed maximum ADU size
(attached or detached ADU)
• Accommodate ADU with existing height
greater than 16 feet
• Accommodate existing ADU size that
exceeds allowable FAR/lot coverage for the
lot
14 October 16, 2023 Item 10

FINES ISSUED
Del Mar Municipal Code 1.10.020 - Nature of Violations
A. Continuing Violations. Each separate day, or part thereof, during which a violation of this Code is committed, continued, maintained, permitted, or allowed, shall constitute a separate offense, punishable as such. A separate citation may be issued for each day a violation occurs.

1.10.030 - Issuance of Administrative Citation
C. Fines shall be assessed in the amounts specified for administrative penalties elsewhere in the Del Mar Municipal Code, by resolution of the Council, or as follows:

A fine not exceeding $100.00 for the first violation.

A fine not exceeding $200.00 for a second violation of the same ordinance, term, or condition.

A fine not exceeding $500.00 for a third violation of the same ordinance, term, or condition.

A fine not exceeding $1,000.00 for each additional violation after the third violation of the same ordinance, term, or condition.

D. A second or subsequent violation need only be of the same ordinance, term, or condition to require the larger fine, and need not involve the same personnel or property, provided that the same Responsible Person is cited. The fine amounts shall be cumulative where multiple citations are issued.

1.08.080 - Civil Penalties
Civil penalties for violations of the Del Mar Municipal Code are hereby established, to be applied through the Administrative Citation process set forth in the Del Mar Municipal Code Chapter 1.10. As an alternative to the Administrative Citation process, in any civil action filed by the City to enforce the provisions of this Code, the City may request the Court to impose civil penalties in the maximum amount may be imposed by that Chapter, or any other provision of law.

1.10.110 - Failure to Pay Fines
A. The failure of any person to pay the civil fines imposed by an administrative citation within the time specified on the citation may result in the filing of a claim. In the court action, the City may also recover its collection costs, including the cost of the hearing officer, and any court fees, according to proof.

B. In lieu of, or in addition to, the filing of a court action, the City may impose a Code Enforcement Lien on the real property upon which the violation occurs. Any lien imposed pursuant to this Chapter shall attach upon the recordation of a Notice of Code Enforcement Lien in the Office of the County Recorder.

Attachment B
15 October 16, 2023 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Martin Boyd, Project Manager II
Mariel Cairns, Associate Management Analyst
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: October 16, 2023
SUBJECT: Undergrounding Program Update and Approval of Task Order Amendments with Utility Specialists Southwest, Inc. for Utility Undergrounding Districts 1A - Stratford Court South and X1A - Crest Canyon Pre-Construction Services REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Receive an update regarding the City’s Undergrounding Program; 2) Approve a $32,800 Task Order Amendment (Attachment A) with Utility Specialists Southwest, Inc. for additional pre-construction services for the Utility Undergrounding District 1A (Stratford Court South) Project; 3) Approve a $67,100 Task Order Amendment (Attachment B) with Utility Specialists Southwest, Inc. for additional pre-construction services for the Utility Undergrounding District X1A (Crest Canyon) Project; and 4) Authorize the City Manager to execute the Task Order Amendments.

DISCUSSION/ANALYSIS:

The City of Del Mar continues to implement its citywide Undergrounding Program (UP) that was started in 2017 following passage of a voter approved 1% sales tax measure known as Measure Q in 2016. The UP aims to remove utility poles and overhead cables for electricity and telecommunications and replace them with underground lines, and has been identified as a priority project by the City Council. Attachment C includes a map of the planned citywide Utility Undergrounding Districts (UDDs).

As a result of the COVID-19 pandemic, the City had to put its undergrounding efforts temporary on hold from March 2020 to May 2021. On May 17, 2021, the City Council approved the formation of a small undergrounding district on Tewa Court/10th Street, as a pilot undergrounding project for the City. The Tewa/10th Street project included the removal of 10 overhead utility poles and approximately 1,000 linear feet of overhead conversion to 1,345 linear feet of underground trench.

Of the 21 properties and residences within the project area, 7 required undergrounding of their private service lateral at the expense of the property owner.

On February 8, 2023, the Tewa Court/10th Street UUD project was completed, with the removal of the final pole as part of a pole removal ceremony. The final project cost was $832,000, with a general contractor cost of $344 per linear foot of joint trench. The completion of this pilot project was an important milestone for the City, and provided valuable information and lessons that have been incorporated into the planning for future undergrounding districts, including UUDs 1A and X1A. On July 12, 2021, the City Council authorized the formation of UUD 1A and X1A, and pre1 October 16, 2023 Item 11 City Council Agenda Report
UP Update and Task Order Amendments for UUD 1A & UUD X1A October 16, 2023

construction services totaling $555,900 for UUD 1A and $694,485 for UUD X1A. The preconstruction services have been ongoing since the formation of these districts with both projects in the design phase.

DISCUSSION/ANALYSIS:

Update on Active Undergrounding Districts
UUD 1A - Stratford Court South
UUD 1A includes 56 poles and approximately 7,650 linear feet of overhead conversion to 9,135 linear feet of underground trench from 4th Street to 12th Street, including 227 properties and 464 residences. Approximately 64 of the homes or buildings require undergrounding of their private service lateral at the expense of the property owner. Attachment D includes a map of UUD 1A.

UUD 1A is currently in the design phase. Design phase activities include surveying existing conditions, utility company designs, city civil engineering design, homeowner service lateral design coordination, easement coordination/recordation, and environmental permitting.

San Diego Gas & Electric (SDG&E) completed their preliminary designs in April 2023 and are currently finalizing those designs. AT&T, Charter, and Crown Castle are using SDG&E’s joint trench layout to complete their final designs. The City’s undergrounding consultant and City staff are nearing completion of the civil engineering design that has completed two rounds of City review. Design activities are currently scheduled for completion in November 2023, with the construction bid documents projected to be ready in December 2023.

The preliminary environmental determination for a California Environmental Quality Act (CEQA) exemption has been prepared and provided to SDG&E to help expedite SDG&E’s environmental review after acceptance of the City’s determination by City Council in December. A Design Review Permit and Land Conservation Permit will be presented to City Council for approval of required retaining walls and grading necessary for transformers, pedestals and handholes associated with the undergrounding. Based on the design and location of UUD 1A, the project qualifies for a Coastal Development Permit exemption in accordance with Del Mar Municipal Code § 30.75.200(J)(2).

Using actual costs from the Tewa Court/10th Street UUD, the total project cost for UUD 1A is estimated to be $5.36 million. The cost per linear foot of overhead conversion is estimated at $701 and the cost per linear foot of joint trench is estimated at $587. This includes the cost of required professional services during the design phase in preparation for the bid process, cost for construction, costs paid to the utility companies for their engineering fees and construction work, and the cost for third party construction management services during construction.

It is important to note that while a more refined cost estimate will be provided by the City’s undergrounding consultant once the design is finalized, it is ultimately the construction market that will determine the actual cost of the project. Like all City construction projects, the cost of construction will be determined through the competitive bidding process that the City is required to undertake in order to identify the lowest qualified bidder for the project. The City Council will ultimately consider the lowest bid for the project and determine whether or not to award the contract prior to the start of construction.
2 October 16, 2023 Item 11
City Council Agenda Report
UP Update and Task Order Amendments for UUD 1A & UUD X1A October 16, 2023

UUD X1A - Crest Canyon
UUD X1A includes 77 poles and approximately 11,200 linear feet of overhead conversion to 14,363 linear feet of underground trench, including 152 properties and 114 residences.

Approximately 85 of the homes or buildings require undergrounding of their private service lateral at the expense of the property owner. Attachment E includes a map of UUD X1A.

UUD X1A is also in the design phase. SDG&E completed their preliminary designs in June 2023 and are currently finalizing those designs. AT&T, Charter, and Crown Castle are using SDG&E’s joint trench layout to complete their designs. The City’s undergrounding consultant is preparing the civil engineering design for a first submittal to City staff in November . The preliminary environmental determination is scheduled for completion in December 2023 – January 2024 for which the City’s anticipates being able to use a Categorical Exemption with back up of Biological and Cultural Reports being completed by Helix Environmental Consultants. Design activities are scheduled for completion in March – April 2024, and the construction bid package is projected to be ready in April – May 2024.

This District is within the City’s Lagoon Overlay and Bluff, Slope, and Canyon Overlay Zones, which means that in addition to any Design Review and Land Conservation Permits for retaining walls, as has been needed in other Districts, the City must also process a Conditional Use Permit (CUP) and Coastal Development Permit (CDP). Upon City Council approval of the CDP staff will send a Notice of Final Action to the Coastal Commission (CCC).

Additionally, through the design process, it has been determined there is one telecom pole located in the San Dieguito Lagoon in the CCC Original Jurisdiction. The removal of this pole will require a separate CDP application directly to the CCC. This CDP will be submitted to the CCC after the City Council approves the local permits for the project. City staff will prepare application materials ahead of Council approval for this district in anticipation of the CCC CDP. Since the actual undergrounding of the lines is done in the City’s right of way, processing of the separate CDP for the one pole can occur concurrent with the City’s start of the project provided that the local CDP is not appealed by the CCC.

Using the actual costs from the Tewa Court/10th Street UUD, the estimated total project cost for UUD X1A is projected to be $8.05 million. The cost per linear foot of overhead conversion is $719 and the cost per linear foot of joint trench is $560. As with UUD 1A, more precise cost estimates will be provided at the completion of the design phase and actual construction costs will be determined through the competitive public bidding process to select and award the construction contract for the project.

UUD 1B - Stratford Court North
UUD 1B is scheduled for district formation as a separate item on the October 16, 2023, City Council agenda. Details on UUD 1B are included in the agenda report for that item. After district formation, the design phase is expected to take approximately 24 months.

Undergrounding Project Advisory Committee (UPAC)
The Undergrounding Project Advisory Committee (UPAC) was formed in 2017 and worked with staff to develop a recommended undergrounding boundary map, prioritization guidelines, ranking 3 October 16, 2023 Item 11
City Council Agenda Report
UP Update and Task Order Amendments for UUD 1A & UUD X1A October 16, 2023

of blocks, communications plan, cost estimate for the total UP program, and a Project Delivery Plan, which was approved by the City Council on August 5, 2019.

UPAC meetings were put on hold during COVID-19 and the UP Program, along with the majority of the City’s Capital Improvement Program, was temporarily deferred. Fortunately, the UPAC was reengaged by the City Council in 2023 and has since held three meetings and created two important subcommittees. The first subcommittee was tasked with evaluating and developing objective criteria and a recommendation for determining whether the City’s construction activities for UUDs 1A and X1A should be done sequentially, concurrent or overlap, which will be discussed with the City Council in December 2023. Second, UPAC created a subcommittee to work with City staff to complete a long-term project schedule and cash-flow analysis to ensure financial resources are available when needed for the Undergrounding Program. This information will be further discussed with the City Council in April/May 2024, once UUD 1A bid information has been received. In just a short time, UPAC has brought a lot of value and important perspective to the overall UP.

Communications and Public Outreach Plan
Using what UPAC originally developed in 2019 as a starting point, staff and the City’s communications and undergrounding consultants have developed a Communications and Public Outreach Plan (Plan) for the UP. The Plan was presented to UPAC on September 14, 2023, and is publicly available as part of the UPAC meeting agenda packet. The comprehensive Plan identifies communications for the project citywide, at the district/project-area level, and with individual homeowners. Objectives, messaging, and tactics are outlined at all levels for both preconstruction and construction phases. The Plan incorporates lessons learned and feedback provided by Tewa/10th Street residents and UPAC. Input provided by UPAC focused on the importance of maintaining an up-to-date database for homeowner contacts, exploring multiple channels for public engagement, in-person communications with homeowners, and communication with homeowners who only live in Del Mar part-time, all of which has been incorporated into the Plan.

Undergrounding Program General Cost Information
From 2016 - 2019, Utility Specialists developed a program cost estimate of $26.5 million for approximately 82,040 linear feet of overhead which is a cost per linear foot of overhead conversion of $323. The estimate was very preliminary and is no longer applicable as further explained below. In comparison to current project estimates, the initial Utility Specialists cost estimate:
• Was for hard construction costs only. It did not include costs for utility and environmental consultants, project management, homeowner communication and coordination, civil engineering and surveying, protected tree surveys, bidding and construction management, etc.
• Assumed simple trench patch only for restoration and not additional repair for curbs, gutters, concrete sidewalk/pedestrian ramp, concrete or paver driveways, and retaining walls.
4 October 16, 2023 Item 11
City Council Agenda Report
UP Update and Task Order Amendments for UUD 1A & UUD X1A October 16, 2023

• Was based on previous historical cost data mostly from private land development projects, not public projects completed in existing streets.
• Did not included estimated escalation to the anticipated year of construction and excessive inflation has been experienced over the last few years.

On August 5, 2019, City Council approved recommendations made by the UPAC and staff pertaining to the preliminary undergrounding boundary map (i.e., blocks) and prioritization of the blocks related to the Project Delivery Plan (PDP). As part of this process, Lee & Ro developed a program cost estimate of $51.6 million for approximately 77,135 linear feet of overhead which is a cost per linear foot of overhead conversion of $719. As part of developing the PDP, the City Council instructed staff and the UPAC to complete a deeper review of the costs to reconcile the differences in the program cost estimates between Utility Specialists and Lee & Ro. Through the review, UPAC developed a program cost estimate of $32 - $42 million which is a cost per linear foot of overhead conversion of $464 - $609. At this time, UPAC also acknowledged SDG&E provided a stated estimated range of $700 - $1000 per linear foot of overhead conversion.

As discussed earlier, the current project estimates for UUDs 1A and X1A are $701 and $719 per linear foot of overhead conversion. Considering the amount of inflation since the original program estimates were developed, these estimates are still reasonably close to the number estimated by UPAC and Lee & Ro. Furthermore, the estimates are in the lower range of SDG&E estimated costs. However, as mentioned earlier, actual construction costs will be determined through the competitive public bidding process to select and award the construction contract for the project.

Next Steps
The next steps for UUDs 1A and X1A prior to construction include:

1. Preparation of final designs by SDG&E, AT&T, Charter, and Crown Castle;

2. Coordination with residents to obtain necessary easements and for 64 private laterals in UUD 1A and 85 private laterals in UUD X1A;

3. Completion of preliminary environmental determination for UUD X1A;

4. Preparation of construction specifications/drawings/bid schedule and technical specifications for the construction bid process;

5. Prior to the public bidding process, City Council acceptance of the final design and approval of any discretionary permits that may be required, such as Tree Removal Permits, Design Review, Land Conservation, Conditional Use, and Coastal Development permits, as necessary; City Council acceptance of the environmental determination; and City Council determination on the timing and schedule for construction;

6. Public bidding process for construction contractors, evaluation of bids, award of construction contract by City Council, and issuance of the Notice to Proceed; and

7. City Council adoption of a resolution establishing a project schedule identifying the date by which properties in an established UUD must be ready to receive underground service 5 October 16, 2023 Item 11
City Council Agenda Report
UP Update and Task Order Amendments for UUD 1A & UUD X1A October 16, 2023

and by which poles, overhead wires and associated overhead structures shall be removed. Once a district is fully formed, it becomes unlawful to construct or maintain aboveground facilities beyond the date established by the City for removal of such facilities.

Task Order Amendments for UUDs 1A & X1A Pre-Construction Services As part of the Tewa/10th Street UUD, the City scaled back several of its normal protocols and practices to reduce costs including the frequency of communications with residents, onsite field presence by the consultant’s construction manager, and level of detailed engineering design included in the bid package. As part of the Tewa/10th Street project takeaways, the project team learned that these reductions were ineffective and counterproductive, and the feedback provided reaffirmed that the City’s standard protocols and practices are critical to: 1) ensure residents are kept well informed and concerns can be addressed timely; 2) maintain field safety for residents and the public; and 3) reduce the risk of project delays and contractor damages to the City’s existing underground infrastructure.

Therefore, for all future undergrounding projects, the City Council directed staff to implement its standard, or in some situations enhanced, project management practices, which specifically included enhanced communication and coordination with residents prior to and during construction, inclusion of vertical profiles and all elements of the City’s normal civil design to ensure that the location of all public utilities are known and identified as part of the project bid package, and that there be a full-time dedicated onsite construction manager during project construction activities.

The City previously allocated funds and issued task orders to Utility Specialists Southwest Inc. for pre-construction activities related to UUDs 1A and X1A. In order to implement the Council’s prior direction related to enhanced coordination/communications with residents prior to construction and completion of standard civil design for the project, along with accounting for UPAC meeting attendance and preparation, the task orders with Utility Specialists for both projects need to be amended and increased funding authorized. The proposed UUD 1A task order amendment is for $32,800, bringing the task order total in $576,700 (10.8% of estimated project cost) for preconstruction activities, which are further described in Exhibit A to Attachment A. The proposed UUD X1A task order amendment is for $67,100, bringing the task order total to $731,085 (9% of estimated project cost) for the UUD X1A preconstruction services as further described in Exhibit A to Attachment B.

Included for reference as Attachment F is a preconstruction budget summary reflecting prior estimated preconstruction costs for 1A and X1A and amended costs for comparison.

PRIOR CITY COUNCIL REVIEW:

On July 12, 2021, the City Council adopted resolutions establishing underground utility districts 1A on Stratford Court (west of Camino del Mar, from 4th street to 12th street); and X1A along Crest Road and in the canyon below Crest Road within areas west and north of the City of San Diego border and south of the lagoon along San Dieguito Drive. 6 October 16, 2023 Item 11
City Council Agenda Report
UP Update and Task Order Amendments for UUD 1A & UUD X1A October 16, 2023

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 2024-2023 Operating and Capital Budget to perform the pre-construction task order work.

ENVIRONMENTAL IMPACT:

Pursuant to CEQA, the proposed actions have been analyzed and determined to be Statutorily Exempt pursuant to CEQA Guidelines Section 15262 because the proposed actions are necessary to prepare studies to assess the planning and feasibility of an undergrounding project.

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

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Utility Undergrounding is listed as a Tier 1 City Council priority for FYs 2023-2024 and 2024-2025.

ATTACHMENTS:

Attachment A – Utility Specialists Southwest, Inc. Task Order Amendment Exhibit A to Attachment A – UUD 1A Pre-Construction Services Scope of Work Attachment B – Utility Specialists Southwest, Inc. Task Order Amendment Exhibit A to Attachment B – UUD X1A Pre-Construction Services Scope of Work Attachment C – UP Citywide Map
Attachment D – UUD 1A Stratford Court South Map
Attachment E – UUD X1A Crest Canyon Map
Attachment F – UUDs 1A & X1A TO Amendments Summary
7 October 16, 2023 Item 11
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us October 16, 2023 ATTACHMENT A
Utility Specialists Southwest, Inc. SENT VIA EMAIL
Attn: Duane Stroobosscher
4429 Morena Boulevard
San Diego, CA 92117
[email protected]
RE: TASK ORDER AMENDMENT & NOTICE TO PROCEED FOR THE UTILITY UNDERGROUND DISTRICT 1A (STRATFORD COURT SOUTH) – PRECONSTRUCTION SERVICES (ACCOUNT 02.7000.7202 – PO#58-00529) This Task Order (TO) Amendment and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Specialized Electrical Engineering Services Related to Implementation of a Citywide Undergrounding Program Agreement between the City of Del Mar and Utility Specialists Southwest, Inc. (Consultant), the term for which is December 16, 2019, to December 16, 2024.

Consultant shall execute tasks related to the Utility Underground District 1A (Stratford Court South), as described in the Consultant’s proposal included as Exhibit A to this Task Order. The project cost for this Task Order Amendment shall not exceed $32,800. The project schedule shall commence upon execution of this Task Order Amendment/Notice to Proceed, and shall be completed by March 2024, to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A.

The primary 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 Utility Specialists Southwest, Inc.
_____________________________________ _______________________________________ Ashley Jones Date Duane Stroobosscher Date
City Manager Vice President
cc: Joe Bride, Public Works Director
Martin Boyd, Project Manager II
Mariel Cairns, Management Analyst
Exhibit A: Utility Specialists Southwest, Inc. - UUD 1A Pre-Construction Services Scope of Work 8 October 16, 2023 Item 11
Item
#
Description US
Principal
KCM
Principal
US
Sr. PM
KCM
Sr. PM
US
Asst PM
KCM
Asst PM KCM PC Fuscoe Total Cost
1 City and Agency Coordination
a Participate in by-weekly coordination calls with CDM staff - assumes a one-hour call every other week for 21 months with time divided between Districts 1A & X1A. 8.0 32.0 21.0
b Prepare agendas, draft and distribute minutes for by-weekly calls with time divided between Districts 1A & X1A. 21.0 a/b2 Participate in by-weekly coordination calls with CDM staff - assumes a one-hour call every other week for 8 additional months due to SDG&E extended design duration with time divided between Districts 1A & X1A. 10.0 8.0 18.0 8.0 $8,170 c Attend City Council hearings, if requested by City staff. Assumes attendance at four hearings plus travel with time divided between Districts 1A & X1A. 10.0 10.0
c2 Attend quarterly UPAC meetings during design & bidding phases. Attendance at quarterly in-person meetings (6 EA), assist City staff with meeting preparation and follow up action items with time divided between Districts 1A & X1A. 18.0 24.0 $8,100 d Prepare 1A status reports and other handout materials, as requested by City staff, for City Council hearings. 4.0 2.0 e Assist staff with negotiations with SDG&E and other utility owners and agencies with jurisdiction over UP projects and navigating rules and procedrues surrounding undergrounding work. Includes input regarding MOU between the City and SDG&E. 4.0 8.0 10.0 f Draft and distribute meeting minutes for SDGE and utility meetings and site visits. 10.0 h Filing and document management. 6.0
Subtotal City and Agency Coordination 50.0 0.0 48.0 118.0 0.0 10.0 6.0 $0 $16,270 2 District 1A Design
a Surveying & Mapping
* Research and Site Evaluation $6,000
* Topo Survey $15,000
* Underground Wet Utility Research $20,800
* Field Base Map Updates $20,000
* Smartsheets GIS Integration
* GIS Exhibits
* Detailed Base Map Updates $35,000
b Concept Layout
* Field survey for potential conflicts with anticipated utility structures and service laterals, 4.0 12.0 * Verification of existing conditions and identification of corrective work required 8.0 8.0 * Provide 'redline' utility layout for each SDG&E work order in 1A 2.0 12.0 * Prepare final conceptual layout exhibit in CAD/ GIS. 28.0 * Value engineering and constructability review of concept design 12.0 8.0 10/11/2023
City of Del Mar Undergrounding Program - Task Order #02a - District 1A Stratford Ct. Additional Services Task Order #02a - District 1A Stratford Ct. Additional Services Task Order #02a includes additional services highlighted below from September 2022 through completion of construction for District 1A assuming total of 26 months for design starting July 2021, 3 months bidding, and 12 months construction.

EXHIBIT A
9 October 16, 2023 Item 11
Item
#
Description US
Principal
KCM
Principal
US
Sr. PM
KCM
Sr. PM
US
Asst PM
KCM
Asst PM KCM PC Fuscoe Total Cost
Task Order #02a - District 1A Stratford Ct. Additional Services c Design Coordination for Public ROW
* Review City provided information 8.0 8.0
* Field Analysis/ Analyze Field Data 2.0 8.0 8.0 8.0
* Develop design and construction schedules. Update design schedule periodically. 4.0 16.0 * Coordination with SDG&E / Site Meetings 12.0
* Coordination with AT&T, Spectrum/Charter - Site Meetings 12.0 * Value engineering and constructability review of SDG&E preliminary design. 2.0 8.0 8.0 4.0 * Prepare exhibits/technical documents in support of 27 private property easements coordination 8.0 14.0 27.0 * Easement coordination; Right of Entry Permits; includes meetings with homeowners as necessary to obtain 27 executed easements 16.0 31.0 12.0 27.0 * Value engineering and constructability review of SDG&E final design. 2.0 10.0 8.0 2.0 * Value engineering and constructability review of AT&T, Spectrum Final design. 2.0 8.0 8.0 2.0 c2 Final SDG&E design reduced easements from an anticipated 27 down to 4. -16.0 -30.0 -24.0 -24.0 ($14,970) d Design Coordination for Private lateral extensions
* Prepare exhibits/technical documents in support of private property lateral coordination. 4.0 20.0 32.0 6.0 64.0 * Review Homeowner provided information; includes meetings with property owners regarding coordination of 64 service laterals location and installation 6.0 40.0 72.0 64.0 * Field Analysis/ Analyze Field Data 4.0 12.0 12.0 12.0 * Develop design and construction schedules. Update design schedule periodically. 4.0 16.0 * Coordination with SDG&E / Site Meetings 12.0
* Coordination with AT&T, Spectrum/Charter - Site Meetings 12.0 * Value engineering and constructability review of SDG&E preliminary design. 2.0 8.0 8.0 4.0 $2,400 * Value engineering and constructability review of SDG&E final design. 2.0 8.0 8.0 2.0 $2,400 * Value engineering and constructability review of AT&T, Spectrum Final design. 2.0 8.0 8.0 2.0 $2,400 d2 Additional Site Surveys to Review for Potential Existing SIDA Direct Bury Electrical Laterals $0 e 50% Civil Design $78,900
f 100% Civil Design $78,900
e/f2 Vertical Profiles $26,000 $26,000
e/f3 CCTV Sewer for Locating Sewer Laterals $5,500 $5,500 g Improvement Plan Processing $6,600
h Allowance for other design support services, as requested. 4.0 10.0 30.0 4.0 20.0 i Filing and document management. 6.0
Subtotal District Design 38.0 0.0 248.0 273.0 50.0 131.0 73.0 $299,900 $16,530 3 Resident Interface and Project Status Tracking
a Attend meetings with City Attorney and staff regarding negotiation of work on private property, resident service laterals, easements, and related topics. Assumes four meetings to finalize City policy. 4.0 8.0 12.0 b Draft, in coordination with CDM, Right of Entry request. 4.0 c Draft, in coordination with CDM, homeowner notification letters regarding undergrounding services laterals and required easements. 2.0
d Assist City in responding to resident questions submitted via website. 2.0 4.0 20.0 e Finalize format of Customer-Based Tracking and Monitoring Database. 4.0 8.0 f Populate database with property owner and resident contact information (Input for up to 467 property owners/residents is anticipated). 4.0 30.0
g Regular updates to database with project status and homeowner communications. Includes 21 months of tracking and reports, assumed at approximately 1.5 hours per month Sr. PM and 2 hours per month Asst PM time. Status updates duing construction included in Item 6d below.

32.0 42.0
h Schedule, coordinate, and lead neighborhood meetings (assumes one meeting). Prepare presentation materials for neighborhood meetings. 2.0 8.0 2.0 12.0 8.0
10 October 16, 2023 Item 11
Item
#
Description US
Principal
KCM
Principal
US
Sr. PM
KCM
Sr. PM
US
Asst PM
KCM
Asst PM KCM PC Fuscoe Total Cost
Task Order #02a - District 1A Stratford Ct. Additional Services i Draft, in coordination with CDM, district design and bidding status update letters to homeowners and residents. Assumed sent out quarterly. 4.0 16.0
j Provide technical content and status updates for use in periodic media outreach and website updates. 2.0 8.0 24.0 k Draft, in coordination with CDM, hearing notification to homeowners and residents for City Council decision on progressing into construction. 2.0
l Filing and document management. 80.0
Subtotal Resident Interface and Communications 10.0 8.0 26.0 132.0 0.0 88.0 80.0 $0 $0 4 Public Bidding Support
a Preparation of front-end bid documents, bid items, and special terms and conditions. 2.0 40.0 20.0 $5,000 b Publish Notice Inviting Bids. 4.0
c Contact potential bidders and distribute bid package. 8.0 d Coordinate and manage Pre-Bid meeting. 2.0 6.0
e Manage bid RFI’s, preparation of bid addendums, and distribute addendums to bidders, assumes up to three separate addendums. 10.0 20.0 12.0 $2,400
f Coordinate and manage Bid Opening meeting. 2.0 4.0
g Review bids for completeness and accuracy, assumes six bidders, and prepare bid analysis. 6.0 12.0 16.0 Subtotal Public Bidding Support 2.0 0.0 20.0 94.0 0.0 48.0 0.0 $7,400 $0 Total Hours During Design & Bidding 100.0 8.0 342.0 617.0 50.0 277.0 159.0 Average Hours per Week (based upon 26 month schedule) 1.0 0.1 3.4 6.0 0.5 2.7 1.6 Rate Per Hour $190 $215 $180 $195 $120 $165 $95
Total Cost During Design & Bidding $19,000 $1,720 $61,560 $120,310 $6,000 $45,705 $15,105 $307,300 Subtotal Estimated Cost for During Design & Bidding
5 Construction Support
a Contract Administration: Change Order review and processing (Based on 12 mos. Construction) 48.0 24.0 12.0 b Construction Administration: Requests for Information (RFI) Mgmt., site observations, weekly meetings (Based on 12 mos.

Construction) 60.0 48.0 120.0 30.0
b2 Construction Administration: Increase for full time presence onsite during City Contractor construction and increased communications with homeowners. 48.0 1616.0 $276,000
c Project status tracking and database updates duing construction (Based on 12 mos. Construction) 24.0 72.0 16.0 d Storm Water Compliance Services; Weekly, REAP and Quarterly site inspections by QSP (Based on 12 mos. Construction)

32.0 96.0
d2 Storm Water Compliance Services; City to complete SWPPP in-house -32.0 -96.0 ($22,080) e Project Accounting Support: Verification of invoices, lien release review, prevailing wage (Based on 12 mos. Construction)

24.0 48.0 24.0
f Budget and Schedule Monitoring (Based on 12 mos. Construction) 24.0 6.0 g Staking/Engineer's Const. Admin. services & RFI responses (Based on 12 mos. Construction) $21,200 h Allowance for miscellaneous tasking as requested by City staff. 20.0 40.0 40.0 i Closeout Services: Punchlist development and management, record drawings 40.0 8.0 $4,500 Subtotal Construction Support Services 0.0 0.0 80.0 296.0 0.0 1,920.0 96.0 $25,700 $253,920 Total Hours During Construction 0.0 0.0 80.0 296.0 0.0 1,920.0 96.0 Average Hours per Week (based upon 12 month schedule) 1.7 6.2 40.0 2.0 Rate Per Hour $190 $215 $180 $195 $120 $165 $95
Total Cost During Construction $0 $0 $14,400 $57,720 $0 $316,800 $9,120 $25,700 Subtotal Estimated Cost During Construction
Total Estimated Cost for Task Order #02a - District 1A Stratford Ct. Additional Services $286,720 $576,700
11 October 16, 2023 Item 11
Item
#
Description US
Principal
KCM
Principal
US
Sr. PM
KCM
Sr. PM
US
Asst PM
KCM
Asst PM KCM PC Fuscoe Total Cost
Task Order #02a - District 1A Stratford Ct. Additional Services Exclusions
Attendance at Meetings/Hearings not Specifically Included Direct Mail will be a Reimbursable Expense Notifications to property owners regarding consequences of refusing to underground GIS Support and GIS Exhibits Participation in enforcement actions on homeowners refusing to underground City Resident Engineer Inspections Management of private lateral undergrounding excluded – assumes coordination only Communications Subconsultant Support - to be provided by City Consultant Social Media Development, Operations - Assume by City
Graphic Design will be a Reimbursable Expense
12 October 16, 2023 Item 11
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us October 16, 2023 ATTACHMENT B
Utility Specialists Southwest, Inc. SENT VIA EMAIL
Attn: Duane Stroobosscher
4429 Morena Boulevard
San Diego, CA 92117
[email protected]
RE: TASK ORDER AMENDMENT & NOTICE TO PROCEED FOR THE UTILITY UNDERGROUND DISTRICT X1A (CREST CANYON) – PRE-CONSTRUCTION SERVICES (ACCOUNT 02.7000.7203 – PO#58-00530)
This Task Order (TO) Amendment and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Specialized Electrical Engineering Services Related to Implementation of a Citywide Undergrounding Program Agreement between the City of Del Mar and Utility Specialists Southwest, Inc. (Consultant), the term for which is December 16, 2019, to December 16, 2024.

Consultant shall execute tasks related to the Utility Underground District X1A (Crest Canyon), as described in the Consultant’s proposal included as Exhibit A to this Task Order. The project cost for this Task Order Amendment shall not exceed $67,100. The project schedule shall commence upon execution of this Task Order Amendment/Notice to Proceed, and shall be completed by July 2024, to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A.

The primary 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 Utility Specialists Southwest, Inc.
_____________________________________ _______________________________________ Ashley Jones Date Duane Stroobosscher Date
City Manager Vice President
cc: Joe Bride, Public Works Director
Martin Boyd, Project Manager II
Mariel Cairns, Management Analyst
Exhibit A: Utility Specialists Southwest, Inc.-UUD X1A Pre-Construction Services Scope of Work 13 October 16, 2023 Item 11
Item
#
Description US
Principal
KCM
Principal
US
Sr. PM
KCM
Sr. PM
US
Asst PM
KCM
Asst PM KCM PC Fuscoe Total Cost
1 City and Agency Coordination
a Participate in by-weekly coordination calls with CDM staff - assumes a one-hour call every other week for 21 months with time divided between Districts 1A & X1A. 8.0 32.0 21.0
b Prepare agendas, draft and distribute minutes for by-weekly coordination calls. time divided between 1A & X1A. 21.0 a/b2 Participate in by-weekly coordination calls with CDM staff - assumes a one-hour call every other week for 8 additional months due to SDG&E extended design duration with time divided between Districts 1A & X1A. 10.0 8.0 18.0 8.0 $8,170 c Attend City Council hearings, if requested by City staff. Assumes attendance at four hearings plus travel with time divided between Districts 1A & X1A. 10.0 10.0
c2 Attend quarterly UPAC meetings during design & bidding phases. Attendance at quarterly in-person meetings (7 EA), assist City staff with meeting preparation and follow up action items with time divided between Districts 1A & X1A. 21.0 28.0 $9,450 d Prepare X1A status reports and other handout materials, as requested by City staff, for City Council hearings. 4.0 2.0 e Assist staff with negotiations with SDG&E and other utility owners and agencies with jurisdiction over UP projects and navigating rules and procedrues surrounding undergrounding work. Includes input regarding MOU between the City and SDG&E. 4.0 12.0 10.0 f Draft and distribute meeting minutes for SDGE and utility meetings and site visits. 10.0 g Filing and document management. 6.0
Subtotal City and Agency Coordination 53.0 0.0 52.0 122.0 0.0 10.0 6.0 $0 $17,620 2 District X1A Design
a Surveying & Mapping
* Research and Site Evaluation $6,000
* Topo Survey $19,000
* Underground Wet Utility Research $20,800
* Field Base Map Updates $25,000
* Smartsheets GIS Integration
* GIS Exhibits
* Detailed Base Map Updates $40,000
b Concept Layout
* Field survey for potential conflicts with anticipated utility structures and service laterals, 6.0 10.0 * Verification of existing conditions and identification of corrective work required 8.0 8.0 * Provide 'redline' utility layout for each SDG&E work order in X1A 2.0 12.0 * Prepare final conceptual layout exhibit in CAD/ GIS. 28.0 * Value engineering and constructability review of concept design 12.0 8.0 10/11/2023
City of Del Mar Undergrounding Program - Task Order #03a - District X1A Crest Additional Services Utility Specialists & KCM Hourly Assumptions
Task Order #03a Services - District X1A Crest Additional Services Task Order #03a includes additional services highlighted below from September 2022 through completion of construction for District X1A assuming total of 26 months for design starting July 2021, 3 months bidding, and 18 months construction.

EXHIBIT A
14 October 16, 2023 Item 11
Item
#
Description US
Principal
KCM
Principal
US
Sr. PM
KCM
Sr. PM
US
Asst PM
KCM
Asst PM KCM PC Fuscoe Total Cost
Task Order #03a Services - District X1A Crest Additional Services c Design Coordination for Public ROW
* Review City provided information 8.0 8.0
* Field Analysis/ Analyze Field Data 2.0 12.0 8.0 8.0
* Develop design and construction schedules. Update design schedule periodically. 4.0 16.0 * Coordination with SDG&E / Site Meetings 12.0
* Coordination with AT&T, Spectrum/Charter - Site Meetings 12.0 * Value engineering and constructability review of SDG&E preliminary design. 2.0 12.0 8.0 4.0 * Prepare exhibits/technical documents in support of 43 private property easements coordination 14.0 22.0 44.0 * Easement coordination; Right of Entry Permits; includes meetings with homeowners as necessary to obtain 43 executed easements 16.0 49.0 12.0 43.0 * Value engineering and constructability review of SDG&E final design. 2.0 12.0 8.0 4.0 * Value engineering and constructability review of AT&T, Spectrum Final design. 2.0 12.0 8.0 4.0 c2 Final SDG&E design reduced easements from an anticipated 43 down to 28. -10.0 -20.0 -12.0 -12.0 ($8,820) c3 Additional Project Coordination: Assumes remaining design of 5 months with 40 additional hours of coordination $9,800 $9,800 d Design Coordination for Private lateral extensions
* Prepare exhibits/technical documents in support of 85 private property laterals coordination 4.0 20.0 43.0 6.0 85.0 * Review Homeowner provided information; includes meetings with property owners regarding coordination of 85 service lateral locations and installation 6.0 24.0 96.0 85.0 * Field Analysis/ Analyze Field Data 4.0 12.0 12.0 12.0 * Develop design and construction schedules. Update design schedule periodically. 4.0 16.0 * Coordination with SDG&E / Site Meetings 12.0
* Coordination with AT&T, Spectrum/Charter - Site Meetings 12.0 * Value engineering and constructability review of SDG&E preliminary design. 2.0 8.0 8.0 4.0 $2,400 * Value engineering and constructability review of SDG&E final design. 2.0 8.0 8.0 4.0 $2,400 * Value engineering and constructability review of AT&T, Spectrum Final design. 2.0 8.0 8.0 4.0 $2,400 d2 Additional Site Surveys to Review for Potential Existing SIDA Direct Bury Electrical Laterals $0 e 50% Civil Design $118,650
f 100% Civil Design $118,650
e/f2 Vertical Profiles $40,000 $40,000
e/f3 CCTV Sewer for Locating Sewer Laterals $8,500 $8,500 g Improvement Plan Processing $6,600
h Allowance for other design support services, as requested. 4.0 10.0 40.0 4.0 20.0 i Filing and document management. 4.0
Subtotal District Design 40.0 0.0 256.0 354.0 50.0 189.0 120.0 $420,200 $49,480 3 Resident Interface and Project Status Tracking
a Attend meetings with City Attorney and staff regarding negotiation of work on private property, resident service laterals, easements, and related topics. Assumes four meetings to finalize City policy. 4.0 8.0 12.0 b Draft, in coordination with CDM, Right of Entry request. 4.0 c Draft, in coordination with CDM, homeowner notification letters regarding undergrounding services laterals and required easements. 2.0 d Assist City in responding to resident questions submitted via website. 2.0 4.0 20.0 e Finalize format of Customer-Based Tracking and Monitoring Database. 4.0 8.0 f Populate database with property owner and resident contact information (Input for up to 300 property owners/residents is anticipated). 4.0 30.0
g Regular updates to database with project status and homeowner communications. Includes 21 months of tracking and reports, assumed at approximately 1.5 hours per month Sr. PM and 2 hours per month Asst PM time. Status updates duing construction included in Item 6c below.

32.0 42.0
h Schedule, coordinate, and lead neighborhood meetings (assumes one Zoom meeting). Prepare presentation materials for neighborhood meetings. 2.0 8.0 2.0 12.0 8.0
15 October 16, 2023 Item 11
Item
#
Description US
Principal
KCM
Principal
US
Sr. PM
KCM
Sr. PM
US
Asst PM
KCM
Asst PM KCM PC Fuscoe Total Cost
Task Order #03a Services - District X1A Crest Additional Services i Draft, in coordination with CDM, district design and bidding status update letters to homeowners and residents. Assumed sent out quarterly. 4.0 16.0
j Provide technical content and status updates for use in periodic media outreach and website updates. 2.0 8.0 24.0 k Draft, in coordination with CDM, hearing notification to homeowners and residents for City Council decision on progressing into construction. 2.0
l Filing and document management. 80.0
Subtotal Resident Interface and Communications 10.0 8.0 26.0 132.0 0.0 88.0 80.0 $0 $0 4 Public Bidding Support
a Preparation of front-end bid documents, bid items, and special terms and conditions. 2.0 40.0 20.0 $5,000 b Publish Notice Inviting Bids. 4.0
c Contact potential bidders and distribute bid package. 8.0 d Coordinate and manage Pre-Bid meeting. 4.0 6.0
e Manage bid RFI’s, preparation of bid addendums, and distribute addendums to bidders, assumes up to three separate addendums. 10.0 20.0 12.0 $2,400 f Coordinate and manage Bid Opening meeting. 2.0 4.0
g Review bids for completeness and accuracy, assumes six bidders, and prepare bid analysis. 6.0 12.0 16.0 Subtotal Public Bidding Support 2.0 0.0 22.0 94.0 0.0 48.0 0.0 $7,400 $0 Total Hours During Design & Bidding 105.0 8.0 356.0 702.0 50.0 335.0 206.0 Average Hours per Week (based upon 26 month schedule) 1.0 0.1 3.5 6.9 0.5 3.3 2.0 Rate Per Hour $190 $215 $180 $195 $120 $165 $95
Total Cost During Design & Bidding $19,950 $1,720 $64,080 $136,890 $6,000 $55,275 $19,570 $427,600 Subtotal Estimated Cost for During Design & Bidding
5 Construction Support
a Contract Administration: Change Order review and processing (Based on 18 mos. Construction) 80.0 40.0 20.0 b Construction Administration: Requests for Information (RFI) Mgmt., site observations, weekly meetings (Based on 18 mos.

Construction) 100.0 80.0 216.0 40.0
b2 Construction Administration: Increase for full time presence onsite during City Contractor construction and increased communications with homeowners. 72.0 2428.0 $414,660
c Project status tracking and database updates duing construction (Based on 18 mos. Construction) 36.0 108.0 24.0 d Storm Water Compliance Services; Weekly, REAP and Quarterly site inspections by QSP (Based on 18 mos. Construction) 48.0 128.0 d2 Storm Water Compliance Services; City to complete SWPPP in-house -48.0 -128.0 ($30,480) e Project Accounting Support: Verification of invoices, lien release review, prevailing wage (Based on 18 mos. Construction) 40.0 48.0 40.0 f Budget and Schedule Monitoring (Based on 18 mos. Construction) 36.0 12.0 g Staking/Engineer's Const. Admin. services & RFI responses (Based on 18 mos. Construction) $27,200 h Allowance for miscellaneous tasking as requested by City staff. 20.0 40.0 40.0 i Closeout Services: Punchlist development and management, record drawings 40.0 8.0 $4,500 Subtotal Other Services 0.0 0.0 120.0 424.0 0.0 2,880.0 144.0 $31,700 $384,180 Total Overall Hours 0.0 0.0 120.0 424.0 0.0 2,880.0 144.0 Average Hours per Week (based upon 18 month schedule) 1.7 5.9 40.0 2.0 Rate Per Hour $190 $215 $180 $195 $120 $165 $95
Total Cost $0 $0 $21,600 $82,680 $0 $475,200 $13,680 $31,700 Subtotal Estimated Cost During Construction
Total Estimated Cost for Task Order #03a - District X1A Crest Additional Services $451,280 Exclusions
Attendance at Meetings/Hearings not Specifically Included Graphic Design will be a Reimbursable Expense Notifications to property owners regarding consequences of refusing to underground Direct Mail will be a Reimbursable Expense $731,085
16 October 16, 2023 Item 11
Item
#
Description US
Principal
KCM
Principal
US
Sr. PM
KCM
Sr. PM
US
Asst PM
KCM
Asst PM KCM PC Fuscoe Total Cost
Task Order #03a Services - District X1A Crest Additional Services Participation in enforcement actions on homeowners refusing to underground GIS Support and GIS Exhibits Management of private lateral undergrounding excluded – assumes coordination only City Resident Engineer Inspections Communications Subconsultant Support - to be provided by City Consultant Social Media Development, Operations - Assume by City
17 October 16, 2023 Item 11

ATTACHMENT
C
18 October 16, 2023 Item 11
Stratford Ct.
06/15/2021
Utility Undergrounding District 1A (UUD 1A) - Stratford Court South

ATTACHMENT D
Pacific Ln. 611
613
615 639 703 0
709
711
717
715 713
155 157
151 149
143 141
137 135
125 127
119
156
154 152
140
136 134
128 126
120 118
110 111
0 0
832
730
152 151
143
129
123
119
113
818
152
142
134 131
128
120
110
828 157
147
113
0 135
1206 1224 1220 147
1145
151 153
149
1104
143
135
0 119
111
101
0 0
1030
1010
950
922 920910 142
156 154
159 157 158 149 140
134 136
123
116
110
118
106
100
137
125
121
123
119
111
107
101
152
146144
150
136 138
128
120
100
931
111 113
119
129
141
149
106
116 114
120
128
138 134
217 1047 1035219225234 220 1023 1005215931919903 910 944 231233 227 221223 240 236 232 222 Stratford Ct.

Stratford Ct.

Penny Ln.
4th Street
6th Street
7th Street
Camino del Mar
8th Street
Shippley Ln.
9th Street
12th Street
10th Street
201 390 423 427 230 232 234 411 419 220224 415 226 228 210 212214 216 218 404
402
412
410
424 510526 516 425 5171/2 501-517 519 710 531 541 543 159 533 157
151 149
135 132
127
117 118
126
141 144
132
150
158 155
553
551 601
Sherry Ln.
603
Sea Orbit Ln.

Little Orphan Alley
Stratford Ct.

Melanie Wy.
905
LEGEND Description
District Limits
Trench Work Beyond District Limits 11th Street
0 222 142
151
1050
1012
940
151
143
146
921
133
153
820 750
131
115
158
120
133
143
522
141
108
112
128
1/2
117
152
526
B,C,D,E 244 10231/2 227

DEL MAR
CITY HALL 1050 0
129
D-G
www.delmar.ca.us/up
19 October 16, 2023 Item 11
06/15/2021
Utility Undergrounding District (UUD X1A) - Crest Canyon

ATTACHMENT E
P62475 Exempt
from Removal
(to be removed
as part of
SDG&E project)
0 2100 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0 0
0 0
0 0
0 0
0 0
0 0
690 567 624 535
608
550 548 540532
1561
1429 1465 1569
655 1492
1440 1507 641625 617 544 1810 545 625
650
1567
1449 1604
1420 1450 1522 1601
1490 1330 1361 1435 1439
1535
1505
1515
1441
1440 1305 1346 1370 1445
1406 1373 1557
1555
1525
652
131613451335 14261420 1340 13461352
1233 1250 1230 1232 1210 1402
1200 1260
1180 1174
1234 1236 1238 1223
1209
1203
1145
785 1130 1135
1230
1122
1110
1042 1036 1022 1016 999 945 905
912786 766
787 860 767 834 0 628
615 627 645
755 757
728
801 743 733 725 715 701 San Dieguito Dr.

Oribia Rd.

Serpentine
Avenida Primavera
Avenida
15th St.

Crest Rd.

Crest
Way
Amphitheatre Dr. Klish Way
Serpentine
660 526 655 0
0 616
11351/2
9051/2
Via Alta Crest Way Hoska Ln.

Hoska Dr.

Crest Rd.

Crest Rd.

Kalamath Dr. Crest Rd.

ZuniDr.

Primavera Dr. Dr.

San Dieguito Dr.

San DieguitoDr. Racetrack View Dr. Oribia Rd.

LEGEND Description
District Limits
Trench Work Beyond District Limits www.delmar.ca.us/up
20 October 16, 2023 Item 11
UUD 1A Utility Specialists - Pre-Construction Services (Includes US, KCM, Fuscoe) Work Categories Budget as of
7-12-21
Amendment
10-11-23
Budget as of
10-11-23

1. City and Agency Coordination
Additional time for meetings with staff and UPAC $ 16,270 27,100 $ $ 43,370

2. District 1A Design
Decreased costs for reduced easements. Increased costs for vertical profiles and CCTV sewer inspections. $ 16,530 423,010 $ $ 439,540

3. Resident Interface and Project Status Tracking
$ - 56,160 $ $ 56,160

4. Public Bidding Support $ - 37,630 $ $ 37,630
Task Order Total $ 32,800 543,900 $ 576,700 $
UUD X1A Utility Specialists - Pre-Construction Services (Includes US, KCM, Fuscoe) Work Categories Budget as of
7-12-21
Amendment
10-11-23
Budget as of
10-11-23

1. City and Agency Coordination
Additional time for meetings with staff and UPAC $ 17,620 27,820 $ 45,440 $

2. District X1A Design
Decreased costs for reduced easements. Increased costs for vertical profiles, CCTV sewer inspections, and design coordination. $ 49,480 542,015 $ 591,495 $

3. Resident Interface and Project Status Tracking
$ - 56,160 $ 56,160 $

4. Public Bidding Support $ - 37,990 $ $ 37,990
Task Order Total $ 67,100 663,985 $ 731,085 $

ATTACHMENT F
21 October 16, 2023 Item 11
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Sarah Krietor, Administrative Services Manager/City Clerk Kseniia Izgarskaia, Associate Management Analyst
Via Ashley Jones, City Manager
DATE: October 16, 2023
SUBJECT: Adoption of the 2024 City Council Meeting Schedule REQUESTED ACTIONS/RECOMMENDATION:

Staff recommends that the City Council adopt the Resolution (Attachment A) approving the 2024 City Council Meeting Schedule (Exhibit A to Attachment A) or provide direction to staff regarding changes to the proposed schedule.

DISCUSSION/ANALYSIS:

The Del Mar Municipal Code (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.”
2024 City Council Meeting Schedule
The DMMC, and the procedures adopted by the City Council through Resolution No. 2009-40, require the City Council to annually adopt a meeting schedule for the upcoming calendar year; identify any regular meeting dates to be cancelled; and designate any new dates as regular meetings. The proposed 2024 City Council Meeting Schedule is included with this report as Exhibit A to Attachment A. The 2024 City Council Meeting Calendar is included as Attachment B and visually displays the meeting schedule in calendar format. If the City Council finds that additional meetings are needed during the calendar year, the Council can add meetings by scheduling a special meeting or adjourning a regular meeting to a new date.

Proposed Changes to the 2024 Regular Meeting Schedule
Typically, the City Council meets twice per month in accordance with the schedule described in the DMMC as referenced above. However, it is not uncommon for the Council to modify the meeting schedule when deemed necessary, which is usually related to holidays. As such, staff is proposing the following changes to the 2024 City Council meeting schedule:
1 October 16, 2023 Item 12
City Council Agenda Report
City Council 2024 Meeting Schedule
October 16, 2023

1) Based on the City Council’s regular meeting schedule, the first meeting of the year would fall on January 1, 2024. However, this is an official City Holiday (New Year’s Day) when City Hall is closed. Staff recommends that the City Council hold the first meeting of the month on Monday, January 8, 2024, and the second meeting on Monday, January 22, 2024.
2) The second meeting of February falls on February 19, 2024, which is an observed City Holiday (President’s Day) when the City Hall is closed. Staff recommends that the City Council hold the second meeting of that month on Tuesday, February 20, 2024.
3) The holiday week of July 4 is historically very busy for the City. As such, staff recommends that the City Council adjust the regular meeting schedule for July 2024, to hold meetings on Monday, July 8 and Monday, July 22, 2024. 4) Traditionally, the City Council goes into recess for a month during the summer, which has occurred during the month of August for the last two years. Staff recommends that the City Council continue with this tradition; however, staff requests that the Council consider taking the last two weeks of July and the first two weeks of August off in 2024, or going dark for the entire month of July rather than August.

This recommendation is based on the fact that many City staff members take time off in July, and other organizations such as the Fairgrounds and neighboring cities go dark in July, which coincides with the traditional school year summer break.

For example, the City of Encinitas goes dark in July, and the City of Solana Beach goes dark at the end of July through approximately mid-August. With other agencies dark in July and Del Mar dark in August, it tends to have an extended impact on productivity for a two-month period during the summer.

If the City Council finds that a meeting is needed during the Council summer recess, the Council can call a special meeting, which has been the case on occasion in prior years as urgent City matters may arise. 5) The first meeting of September falls on September 2, 2024, which is an observed City Holiday (Labor Day) when the City Hall is closed. To avoid scheduling impacts associated with the Labor Day Holiday, staff recommends that the City Council hold the first meeting of the month on Monday, September 9, 2024, and the second meeting on Monday, September 23, 2024.
6) In accordance with City Council Policy 107, no City Council meeting shall be scheduled the day prior to the Municipal Election, which will be held on November 5, 2024. The following Monday, November 11, 2024, is a City Holiday (Veteran’s Day) and the Thanksgiving Holiday (November 28 & 29, 2024) falls the week of November 25, 2024. As such, staff recommends that the City Council hold one meeting in November on Monday, November 18. This is consistent with the 2023 City Council Meeting schedule which includes only one meeting in November. 2 October 16, 2023 Item 12
City Council Agenda Report
City Council 2024 Meeting Schedule
October 16, 2023

Special Meetings
The City Council typically holds a Goals and Priorities Workshop in the first part of the calendar year. Once the Mayor and Deputy Mayor are seated for 2024, staff will schedule a meeting to discuss possible dates and a format for the 2024 Council Goals and Priorities Workshop, which will be presented Council for discussion and feedback prior to scheduling.

In past election years, the City Council has called a special meeting to certify election results in December if the certified election results were not received from the County of San Diego Registrar of Voters in time to be certified at a regularly scheduled Council meeting. Staff anticipates that the certified election results will be available prior to the proposed December 16, 2024, City Council meeting. However, if they are not available in time, a special meeting will be required.

FISCAL IMPACT:

There is no fiscal impact or action to be taken related to this agenda item.

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.

ATTACHMENTS:

Attachment A – Resolution Adopting the 2024 City Council Meeting Schedule Exhibit A to Attachment A - 2024 City Council Meeting Schedule Attachment B – Proposed 2024 City Council Meeting Calendar 3 October 16, 2023 Item 12
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, DESIGNATING REGULAR MEETINGS OF
THE CITY COUNCIL FOR THE 2024 CALENDAR YEAR
WHEREAS, Del Mar Municipal Code Section 2.20.040 Regular Meetings, Subsection A, states that “Regular” meetings of the City Council shall be held on the first and third Monday of each month in the City Council Chambers; and WHEREAS, Del Mar Municipal Code Section 2.20.040 Regular Meetings, Subsection B, states that “The City Council may, by resolution, designate another date, time, and location for a regular meeting;” and
WHEREAS, Council adopted Resolution No. 2009-40 establishing procedures for setting the Council meeting schedule on an annual basis; and WHEREAS, it is important that the public know and understand when the City Council will conduct its regular meetings; and
WHEREAS, it is also important that there be flexibility in the schedule of regular meetings in order to complete the City’s business.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that the City Council hereby designates the dates and times and location for the regular and special meetings for the 2024 calendar year and cancels any remaining regularly scheduled meetings pursuant to the Del Mar Municipal Code as described in Exhibit A to this Resolution, and directs the City Clerk to post the adopted schedule at City Hall and on the City’s website.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held this 16th day of October, 2023. _____________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:

Leslie E. Devaney, City Attorney
City of Del Mar
4 October 16, 2023 Item 12
Resolution No. 2023-XX

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2023-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 16th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
5 October 16, 2023 Item 12
City of Del Mar
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us 2024 City Council Meeting Schedule
Regular Meetings are held at the Del Mar Town Hall, 1050 Camino del Mar, Del Mar, or remotely if there is a declared emergency, at 4:30 p.m. on the date shown, unless otherwise noted on the published agenda. Special Meetings and/or City Council Workshops may be held in an alternate location or remotely during if there is a declared emergency.

DATE MEETING TYPE
Monday, January 8, 2024 Regular
Monday, January 22, 2024 Regular
Monday, February 5, 2024 Regular
Tuesday, February 20, 2024 Regular
Monday, March 4, 2024 Regular
Monday, March 18, 2024 Regular
Monday, April 1, 2024 Regular
Monday, April 15, 2024 Regular
Monday, May 6, 2024 Regular
Monday, May 20, 2024 Regular
Monday, June 3, 2024 Regular
Monday, June 17, 2024 Regular
Monday, July 8, 2024 Regular
Monday, July 22, 2024 Regular
Monday, September 9, 2024 Regular
Monday, September 23, 2024 Regular
Monday, October 7, 2024 Regular
Monday, October 21, 2024 Regular
Monday, November 18, 2024 Regular
Monday, December 2, 2024 Regular
Monday, December 16, 2024 Regular
Adopted by Resolution 2023-XX
6 October 16, 2023 Item 12

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3 1 2
7 8 9 10 11 12 13 4 5 6 7 8 9 10 3 4 5 6 7 8 9
14 15 16 17 18 19 20 11 12 13 14 15 16 17 10 11 12 13 14 15 16 21 22 23 24 25 26 27 18 19 20 21 22 23 24 17 18 19 20 21 22 23 28 29 30 31 25 26 27 28 29 24 25 26 27 28 29 30

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3 4 1
7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8
14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29
30 S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7
7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14
14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 28 29 30 31 25 26 27 28 29 30 31 29 30

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 1 2 1 2 3 4 5 6 7
6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14
13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31
Key:

City Council Meeting
City Holiday
Special Meetings City Council Goal Setting Workshop Date TBD Approved 10/16/2023
2024 Del Mar City Council Meeting Calendar
July August September
October November December
January February March
April May June
7 October 16, 2023 Item 12
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Councilmembers Terry Gaasterland and Dave Druker, San Diego Association of Governments (SANDAG) Board Primary and Alternate Representatives DATE: October 16, 2023
SUBJECT: Council Discussion Regarding Expectations for Councilmember Communications Related to Public Expression of Personal Views REQUESTED ACTION/RECOMMENDATION:

Councilmembers Druker and Gaasterland request that the City Council: 1) Discuss the City Council’s expectations with regard to City Councilmember expression of personal views versus the City’s official position; and 2) Authorize Councilmembers Druker and Gaasterland to send a letter to the San Diego Association of Governments (SANDAG) Board confirming that the City has not taken an official position on an alignment alternative for the LOSSAN Rail Realignment Project; is not advocating for the rail to be discontinued; is not accusing SANDAG or its staff of illegal activity or fraud; and that the City Council strongly supports SANDAG’s public outreach and engagement efforts for the project.

DISCUSSION/ANALYSIS:

On September 5, 2023, the Del Mar City Council unanimously adopted a resolution supporting and encouraging SANDAG’s plan to undertake a robust public outreach and engagement process for the LOSSAN Rail Realignment Project (Attachment A). At this time, that is the only official position that the City has taken with regard to the project. The City has not taken a position in support of any particular realignment alternative, nor is the City of Del Mar City Council advocating for the discontinuation of the train.

While there are times when an individual Councilmember does not agree with the Council majority position or wants to advocate for their own personal views and opinions, it is imperative that in any written or oral communications with the public that a Councilmember disclose when their comments and opinions represent their own personal views rather than the official majority position of the City Council. This is also specifically included in the recently adopted Council Policy 118, as part of the duties and responsibilities for the Mayor and Deputy Mayor (Attachment B).

Over the last few months in particular, Deputy Mayor Quirk has distributed a series of communications to the public and has been interviewed by the press related to the train. In these public communications, the Deputy Mayor expressed his personal views and opinions in advocating for the discontinuation of the train and making allegations of fraud and illegal 1 October 16, 2023 Item 13
City Council Agenda Report
Expectations for Public Communications
October 16, 2023

activity against SANDAG, and he did not make clear in any way that he was representing his own personal views and not those of the Del Mar City Council. On October 4, Deputy Mayor Quirk was interviewed by KUSI, and he used his official City background. This background includes the City’s officially licensed logo and identifies him as a Del Mar City Councilmember.

This is not an authorized use of the City’s official branding or remote background, which was provided to City Councilmembers for official City business use only. The media interview was not in any way related to official City business, which can be accessed here:
https://www.newsbreak.com/news/3181482728037-del-mar-city-councilmember-dan-quirkshares-insights-on-sandags-tunneling-workshop-for-lossan-railrealignment?noAds=1&_f=app_share&s=i3.

This behavior by the Deputy Mayor has required City staff to reach out to SANDAG staff and their Board, as well as the press, on several occasions to clarify that Deputy Mayor Quirk was speaking on behalf of himself and not the City Council. This takes time and resources away from other City priorities, and creates confusion for the public and outside agencies. This is not the first time that this issue has been brought to Deputy Mayor Quirk’s attention. This issue has been discussed with him both informally and formally on several occasions, including a similar City Council agenda item on May 2, 2022 (Attachment C).

While all Councilmembers have the right to express their personal views and opinions to the public, it is important that they do so in a clear and transparent way ensuring that the public understands when they are not representing the official position of the City. Councilmembers Druker and Gaasterland are requesting that Deputy Mayor Quirk provide clarification that his public communications regarding the train represent his personal views and opinions and not the official position of the Del Mar City Council, and are seeking his commitment that he will make this clear in all of his public communications moving forward.

The Councilmembers are also seeking authority from the City Council to send a letter to the SANDAG Board confirming that the City has not taken an official position on an alignment alternative for the LOSSAN Rail Realignment Project; is not advocating for the rail to be discontinued; is not accusing SANDAG or its staff of illegal activity or fraud; and that the City Council strongly supports SANDAG’s public outreach and engagement efforts for the project.

ATTACHMENTS:

Attachment A – Resolution in Support of SANDAG Public Outreach/Engagement Process Attachment B – Council Policy 118 – Mayor/Deputy Mayor Duties & Responsibilities Attachment C – May 2, 2022 City Council Agenda Item
2 October 16, 2023 Item 13
3 October 16, 2023 Item 13
4 October 16, 2023 Item 13

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
118 Roles & Responsibilities of the CouncilAppointed Mayor and Deputy Mayor DATE ADOPTED: 9/18/2023
BY RESOLUTION: 2023-38
PAGES: PAGE 1 OF 3
I. PURPOSE:

The City of Del Mar Mayor and Deputy Mayor are appointed annually by the City Council. The purpose of this policy is to outline the roles and responsibilities of the Council-appointed Mayor and Deputy Mayor and to establish guidelines to assist the Mayor and Deputy Mayor in performing their duties.

II. POLICY:

A. MAYOR’S DUTIES:

The Mayor shall be a member of the City Council and shall perform all the functions and have the same authority and rights as the rest of the Council in their capacity as Councilmembers. In addition to said Councilmember functions, authority and duties, the Mayor shall have the responsibilities of:
1) Serving as the presiding officer of the City Council in accordance with the Del Mar Municipal Code (DMMC) Chapter 2.20.020, and in doing so ensuring equal opportunity for participation among the Council and members of the public, as well as ensuring decorum by members of the Council and public consistent with the City’s adopted Code of Civil Discourse and Council Policy. 2) Working with the City Manager and City Clerk on the planning and management of regular City Council meeting agendas consistent with Council Policies 300 and 301.
3) Being the official head of the City for all political and ceremonial purposes and in the name and on behalf of the City, unless the City Council has designated another Councilmember to do so.
4) Representing only the City of Del Mar’s official Council-approved position at any public forum, meeting with elected officials, or when being interviewed by the press on behalf of the City, regardless of the Mayor’s personal views. 5) Regularly report out and keeping the Council informed as to their activities as Mayor on behalf of the City as part of the regularly agendized City Council reports at City Council meetings.
6) Notifying the Deputy Mayor and City Manager when unable to represent the City as requested by the City or outside parties to ensure that the City is properly represented at outside meetings, functions and other engagements. 7) Signing all legal instruments and documents to which the City is a party except where otherwise provided herein or by applicable law, ordinance, or resolution, minute action, or order of the Council.
8) Representing the City in any and all matters involving other governmental agencies, unless another Councilmember has been designated to do so by the City Council, and provided that no act, promise, commitment or agreement entered into or committed by the Mayor shall be binding upon the City unless duly authorized or ratified by the City Council.
5 October 16, 2023 Item 13

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
118 Roles & Responsibilities of the CouncilAppointed Mayor and Deputy Mayor DATE ADOPTED: 9/18/2023
BY RESOLUTION: 2023-38
PAGES: PAGE 2 OF 3
9) Performing such other duties consistent with the office as may be prescribed by this policy or delegated to or imposed on the Mayor by the City Council if not inconsistent with the provisions of this policy.

B. DEPUTY MAYOR’S DUTIES
The Deputy Mayor shall be a member of the City Council and shall perform all the functions and have the same authority and rights of a duly elected Councilmember. In the Mayor’s absence, the Deputy Mayor shall serve as the presiding officer of the City Council and will fulfill the mayoral duties described in this policy, as needed.

C. EXPECTATIONS OF THE MAYOR AND DEPUTY MAYOR
It is the expectation of the City Council that the Mayor and Deputy Mayor, in the absence of the Mayor, be available to perform the duties outlined in this policy as well as duties set forth in DMMC Chapter 2.20.020 and other applicable City Council policies. Additionally, it is the expectation of the City Council that the Mayor and Deputy Mayor comply with the Del Mar City Council and City Manager Guiding Principles when performing mayoral duties.

D. CONSIDERATION OF THIS POLICY WHEN APPOINTING MAYOR AND DEPUTY MAYOR
In accordance with DMMC Chapter 2.20 - City Council, the City Council will select a Mayor and a Deputy Mayor annually at the first meeting in December. Three affirmative votes shall be required to choose or change the Mayor or Deputy Mayor (DMMC

2.20.020(B)).

Additionally, as outlined in City Council Policy 100- Selection of the Mayor and Deputy Mayor, it has been the tradition of the City Council to place the top two vote getters in any election into a queue to rotate into the position of Mayor and Deputy Mayor, but it is not required that the City Council do so. Policy 100 states further that should any City Council member not be available to take their place in the traditional rotation, the next person in the rotation will be elevated to the Deputy Mayor or Mayor position, as applicable.

In accordance with this policy and Policy 100, the City Council will take into consideration the availability and willingness of its members to perform the duties and responsibilities of the Mayor and Deputy Mayor when voting on appointments to these important roles.

E. CHANGE OF THE MAYOR AND DEPUTY MAYOR
Once appointed, if the Mayor or Deputy Mayor fail to meet the expectations of the City Council as identified in this Policy, in accordance with City Council Policy 301- Request by Members of the City Council to Place an Item on a City Council Agenda, two City Council members may place an item on the City Council agenda for the Council to consider 6 October 16, 2023 Item 13

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
118 Roles & Responsibilities of the CouncilAppointed Mayor and Deputy Mayor DATE ADOPTED: 9/18/2023
BY RESOLUTION: 2023-38
PAGES: PAGE 3 OF 3
changing the Mayor and/or Deputy Mayor. Three affirmative votes shall be needed to change the Mayor and/or Deputy Mayor.

F. RELATED REGULATIONS & POLICIES
DMMC Chapter 2.20.020- Presiding Officer states that the City Council shall appoint a Mayor and Deputy Mayor at the first City Council meeting in December by three affirmative votes; establishes a one-year term for the Mayor; and designates the Mayor, or in the Mayor’s absence, the Deputy Mayor, as the presiding officer of the City Council. In addition, the City Council has adopted various City Council policies included in the City Council Policy Book that include additional duties and responsibilities of the Mayor and Deputy Mayor for specific functions such as proclamation and managing public oral communications at City Council meetings. The Del Mar City Council and City Manager Guiding Principles also applies to the Mayor and Deputy Mayor in their capacity as members of the City Council and when performing their mayoral duties. 7 October 16, 2023 Item 13
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Councilmembers Dave Druker and Terry Gaasterland, San Diego Association of Governments (SANDAG) Board primary and alternate representatives, North County Transit District (NCTD) Board alternates, and City Council Legislative, Safe Rail Crossings and Long-Term Rail Relocation Subcommittee Members
DATE: May 2, 2022
SUBJECT: Council Discussion Regarding Expectations for Council Representatives to Outside Agencies and Del Mar City Council Official Position on Rail Issues REQUESTED ACTION/RECOMMENDATION:

Councilmembers Druker and Gaasterland request that the City Council: 1) Discuss the City Council’s expectations with regard to Council representatives to outside agencies; 2) Discuss the Council’s official majority position and recent Councilmember activities related to rail issues; and 3) Authorize Councilmembers Druker and Gaasterland to send a letter to the North County Transit District (NCTD) Board confirming the City’s official position with regard to safe crossings, rail relocation, and other significant rail related issues as may be appropriate.

DISCUSSION/ANALYSIS:

The Del Mar City Council majority has taken a position on a variety of rail related issues, most notably the need for safe crossings and support for relocation of the train tracks off the Del Mar Bluff to an inland route as identified in the San Diego Association of Governments (SANDAG) 2050 Regional Transportation Plan.

While there are times when an individual Councilmember does not agree with the Council majority position, it is imperative that during any public discussion in which a Councilmember is representing the City they disclose when their comments and opinions represent their own personal views rather than the official majority position of the City Council.

Following a recent presentation to the NCTD Board on April 21, 2022, by Councilmember Quirk (Attachment A) who serves as the NCTD Board representative for the City of Del Mar, the NCTD Executive Director reached out to the City to confirm whether or not the opinions expressed in the presentation represented the official position of the Del Mar City Council, which they did not.
18 October 16, 2023 May 2, 2022 Item 13 Item 14
City Council Agenda Report
Expectations for City Council Representatives
May 2, 2022

The purpose of this agenda item is to remind all Councilmembers of the provisions of Council Policy 202, Section B (Attachment B), which provides direction regarding the responsibilities and expectations of Council representatives to outside agencies. In summary, Del Mar Council representatives to outside agencies are expected to represent the City in conformance with the City’s goals, priorities, and objectives and in a manner consistent with the City’s adopted policies and priorities, and with any direction provided by the Council as a whole. Further, the Policy requires that Council representatives to outside agencies advocate for the City’s positions.

Councilmembers Druker and Gaasterland would like to request that Councilmember Quirk provide clarification that his recent presentation to the NCTD Board represented his personal views and opinions and not the official position of the Del Mar City Council, and a commitment that this clarification will be provided as part of the comments and actual presentation materials for any future presentations to outside agencies. The Councilmembers are also seeking authority from the City Council to send a letter to the NCTD Board confirming the City’s official position with regard to safe crossings, relocation of the train tracks, and any other significant rail issues as may be appropriate.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.

ATTACHMENTS:

Attachment A – Presentation by Councilmember Quirk to NCTD Board, April 21, 2022 Attachment B – City Council Policy 202: Responsibilities/Expectations of Council Liaisons to City Advisory Committees and Council Representatives to Outside Agencies
29 October 16, 2023 May 2, 2022 Item 13 Item 14
• Major concern is that ridership is
very low for all modes and in decline for many years prior to the covid plunge, remote work trends, and clean electric vehicle trends. • In particular, the low ridership for
the Coaster is a concern given the many billions of dollars in track projects being proposed and discussed by NCTD and SANDAG. • The Del Mar tunnel project, at $3.5 billion, would be the single largest and most expensive construction
project in the history of San Diego
County. The Miramar tunnel, at $3.5 billion, would also be a record . Addressing 9 miles of beach level
tracks in San Clemente could also
cost many billions.

ATTACHMENT A
310 October 16, 2023 May 2, 2022 Item 13 Item 14
• Monthly one-way boardings in February 2022 were 38,831, or approximately 1,386 per day, about 500,000 per year. • This is down about 65% from the pre-pandemic daily average of 4,000 per day (1.4 million boardings for full year 2019). • In practice, for a 41-mile line, this translates to most trains that are mostly empty, easily visible to anyone who watches the windows of a train as it rolls by. • As of mid April, anecdotal physical observations of the trains still indicate very low utilization. • What are and will be the results of the Uber/Lyft ride-share subsidy program began August 2021? • What are and will be the results of the increased number of Coaster runs (nearly 50% increase) began in October 2021?
411 October 16, 2023 May 2, 2022 Item 13 Item 14
512 October 16, 2023 May 2, 2022 Item 13 Item 14
• Historically, Coaster riders (and intercity train riders generally) skewed heavily to office workers, who are shifting significantly to remote work or hybrid remote work trends.
• A Pew survey in January 2022 indicates that 61% of people working from home are doing so by choice. As such, much of the Coaster ridership decline from pre-pandemic levels is likely to be permanent, perhaps 40%, or 600,000 annual boardings.
• Many rail lines, including the Amtrak Surfliner, will also likely be significantly negatively impacted by remote work trends. 613 October 16, 2023 May 2, 2022 Item 13 Item 14
• The completion of the Mid-Coast Extension for the Blue Line Trolley creates competition for the Coaster.

The trolley and the Coaster share similar routes from Sorrento Valley area to downtown San Diego except the trolley is faster, is more convenient, has more stops, has a more direct route, and much larger ridership. • Will this competition limit upside for the Coaster?
714 October 16, 2023 May 2, 2022 Item 13 Item 14
• The rapid rise of clean electric vehicles will significantly address greenhouse gas and climate concerns. • California and many other states and countries have bans on internal combustion engine vehicles by 2035 and 2030. Global manufacturers are rapidly shifting production facilities. • Autonomous vehicle technology is likely to have a significant beneficial impact on transportation:
-door-to-door trips
-synched and coordinated vehicles on the roads, reducing congestion -ride-share vehicles evolving into a personalized mass transit system -freight movement on the roads during night and non-peak hours leading to large volume increases • Autonomous technology isn’t ready today, but significant advances are occurring. Is it reasonable to assume it will be commercially viable by 2030? Perhaps 2040? • What will annual Coaster ridership be in 2040?4,000 daily? 1.4 million annual? • Does the Coaster have a meaningful future after the arrival of electric autonomous vehicles and trucks? 815 October 16, 2023 May 2, 2022 Item 13 Item 14
• Del Mar tunnel - $3.5 billion (and 10+ years)
• Miramar tunnel - $3.5 billion (and 15+ years)
• Carlsbad trench - $400 million
• San Dieguito double track & platform - $220 million
• La Costa double track – $120 million
• Batiquitos double track and bridge- $104 million
• Addressing 9 miles of track in San Clemente along beach vulnerable to sea level rise - $10 billion? • Sorrento-Miramar double track- $228 million
• Eastbrook-Shell double track, bridge- $85 million
• Coaster locomotives & cars- $96 million
• Projects south of Santa Fe Station - $700 million
• Substantial non-financial impact costs
916 October 16, 2023 May 2, 2022 Item 13 Item 14
• Voice of San Diego described the Mid Coast trolley project as “wildly expensive” on a per rider basis when it was $2.1 billion spent for forecasted 35,000 riders. • For the Coaster, the NCTD board is looking at supporting or approving spending plans of billions for a realistic maximum of only 4,000 daily 1-way boardings, which translates to mostly empty trains operating at very low capacity levels. There are significant non-financial impact costs as well. • Is it better for the NCTD and SANDAG to start focusing on a future that is likely to be dominated by electric and autonomous vehicles and the substantial opportunities these technologies present to achieve green, efficient, desirable, and equitable mobility and freight solutions? Future agenda item? 1017 October 16, 2023 May 2, 2022 Item 13 Item 14

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
202

RESPONSIBILITIES AND EXPECTATIONS OF

COUNCIL LIASIONS TO CITY ADVISORY

COMMITTEES AND OF COUNCIL

REPRESENTATIVES TO OUTSIDE

AGENCIES
DATE REVISED: 1/10/2022
BY RESOLUTION: 2022-07
PAGES: PAGE 1 OF
4 POLICY:

The following guidelines are to assist City Council members in performing their duties as liaisons to City advisory committees, ad hoc committees, Del Mar Community Connections (DMCC), Del Mar Village Association (DMVA), various Del Mar non-profits, and as Del Mar representatives to outside agencies. These guidelines also apply to the appointed community representatives to outside agencies, including the Del Mar Representative to the San Diego County Water Authority Board.

A. CITY ADVISORY COMMITTEES

1. Council Liaison Primary Responsibilities
a) Assist with the recruitment of qualified volunteers and encourage them to apply to serve on the committee when vacancies occur, recognizing that the City’s goal is to have at least two qualified applicants for each position. b) Recruit another Council member to attend meetings in their place when the liaison is unable to attend.
c) Assist Committee Chairs with the following:
i. How to run a meeting.
ii. How to accommodate public testimony and input.
iii. How to work with the committee’s staff liaison to prepare agendas, including review of draft agendas with the Chair and staff liaison (A sample agenda is attached to use as a template);
iv. Clarify the process for committee members and the public to get something on the committee agenda.
v. Ensure that the committee stays on task.
vi. Determining when City staff should, and should not, be asked for assistance. Generally, simple requests for information from staff can be made directly by the Chair or committee members while requests for staff work should go through the Council liaison(s) who can carry them to the City Manager and staff for response.
vii. Establishing goals and a work plan for the committee at the beginning of each year in conjunction with the City’s budget and goal setting process.
d) Inform and assist the committee as a whole including:
i. Understanding the City’s system of advisory committees including:

1. Understanding the role of a committee member.

ATTACHMENT B
1118 October 16, 2023 May 2, 2022 Item 13 Item 14

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
202

RESPONSIBILITIES AND EXPECTATIONS OF

COUNCIL LIASIONS TO CITY ADVISORY

COMMITTEES AND OF COUNCIL

REPRESENTATIVES TO OUTSIDE

AGENCIES
DATE REVISED: 1/10/2022
BY RESOLUTION: 2022-07
PAGES: PAGE 2 OF
4 2. Understanding the scope of the committee’s charge.

3. Understanding the relationship between the committee, Council, public, and City staff.

4. Understanding any budgetary constraints applicable to the committee’s work.
e) Ensures the committee stays on task and within the scope of its charter and mission, adopted Council goals, and any direction provided by Council. f) Ensures the committee understands its role is advisory only. g) Assist the committee in completing its advisory recommendations to Council in a timely manner.
h) Effectively communicates committee advisory recommendations to Council. i) Facilitates in transition to a successor Council liaison when there is change. j) Where appropriate, advocates for committee recommendations. k) Ensuring that meetings are welcoming and that the Code of Civil Discourse is followed.

2. Reporting
a) To the Committee. The Council liaison(s) should give a brief report to the committee at the beginning of each meeting covering:
i. Any recent actions of the City Council or upcoming Council agenda items relevant to the committee’s work; and
ii. Any recent actions of outside entities or governments, of which the liaison has knowledge, relevant to the committee’s work. b) To the Council, Staff, and Public. The Council liaison(s) should give a report, in public session, at Council meetings covering:
i. Updates on the committee’s work;
ii. Identify, and discuss as may be appropriate, any difficulties the committee is experiencing and provide recommendations for how assistance can be provided;
iii. Any committee actions/recommendations;
1219 October 16, 2023 May 2, 2022 Item 13 Item 14

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
202

RESPONSIBILITIES AND EXPECTATIONS OF

COUNCIL LIASIONS TO CITY ADVISORY

COMMITTEES AND OF COUNCIL

REPRESENTATIVES TO OUTSIDE

AGENCIES
DATE REVISED: 1/10/2022
BY RESOLUTION: 2022-07
PAGES: PAGE 3 OF
4 iv. Any specific requests from the committee for assistance, guidance, or other support; and
v. In addition to providing oral updates to the Council, written reports are encouraged for matters of importance which can be included in the public agenda packet and accessible following the Council meeting.

3. Attendance
a) Council Liaison Attendance. It shall be the policy of the City Council that Council liaison(s) assigned to Council advisory committees make it their goal to attend the advisory committee meetings. The liaison(s), in communication with the committee Chair and each other, may determine whether one, both, or neither of the committee Council liaison(s) are needed at a particular committee meeting. It is also the goal of the City Council to promote the continued progress of the advisory committees and not to require that a Council liaison be in attendance in order for that committee to meet.
b) Committee Member Attendance. Del Mar Municipal Code, Chapter 2.30 states that if a member of a commission, board, or committee is absent from three meetings within a 12-month period without cause, the term of said member is automatically vacated. Council liaison(s) shall work with committee chairs to determine whether absences are for cause and will notify the City Clerk and the City staff liaison for the committee when a committee member has three or more absences without cause within a 12-month period. Examples of absences for cause include but are not limited to injury or illness of the member or their immediate family member, family obligations, and observance of religious holidays.

B. COUNCIL APPOINTED REPRESENTATIVES TO OUTSIDE AGENCIES

1. Responsibilities
a) Represents Del Mar to the outside agency, its staff, and to the public in conformance with the City’s goals, priorities, and objectives in a manner consistent with the City’s adopted policies and priorities and with any direction from Council as a whole.
b) Attends meetings of the outside agency to which the Council member or appointee serves as a representative, securing the services of an alternate when the primary Council member or appointee is unable to attend. c) Diligent in reviewing agenda materials and preparing for meetings. 1320 October 16, 2023 May 2, 2022 Item 13 Item 14

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
202

RESPONSIBILITIES AND EXPECTATIONS OF

COUNCIL LIASIONS TO CITY ADVISORY

COMMITTEES AND OF COUNCIL

REPRESENTATIVES TO OUTSIDE

AGENCIES
DATE REVISED: 1/10/2022
BY RESOLUTION: 2022-07
PAGES: PAGE 4 OF
4 d) Speaks up, orally or in writing, to the outside agency to represent Del Mar’s positions on issues relevant to Del Mar and be an advocate for Del Mar’s positions.

2. Reporting
The Council representative or appointee should report to the Council, staff, and public at Council meetings as follows:
a) When appropriate, a summary of the outside agency’s significant activities since the prior report.
b) Any specific actions, polices, or directions of the outside agency that affect Del Mar.
c) Any significant upcoming activities of the outside agency of potential interest to Del Mar.
d) On any outside agency committee or subcommittee changes affecting Del Mar. e) In addition to providing oral updates to the Council, written reports are encouraged for matters of importance which can be included in the public agenda packet and accessible following the Council meeting.

Arranging Presentations. From time to time it may be appropriate for a Council liaison or appointee to an outside agency to coordinate a presentation by the agency to the full Council in a public meeting. When this seems appropriate, the following guidelines can be followed:
a) Bring the request to Council for discussion and concurrence before taking it up with the outside agency;
b) Work with the Mayor and City Manager to put the presentation on a Council meeting agenda; and
c) Work with the outside agency to assist them in preparing their presentation. 1421 October 16, 2023 May 2, 2022 Item 13 Item 14