Agenda, regular meeting, second session — Del Mar City Council, December 18, 2023 (part 2 of 2)

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.

By: _______________________
Kevin J. Duggan, President
12 December 18, 2023 Item 09
Attachment A
Consulting Services Agreement
For As-Needed Planning Services

Page 11 of 12 ends

EXHIBIT “A”

SCOPE OF SERVICES
The Scope of Services is comprised of but not limited to:

1. Provide as-needed review, development, or revision of the various elements of the Community (General) Plan, Zoning Ordinance, Housing Element Updates and Implementation Plan actions, Local Coastal Program (LCP), California Environmental Quality Act (CEQA) determination documents, ordinances and other policies and procedures.

2. Provide analysis of planning issues and determine project schedules and priorities.

3. Organize and administer complex research studies, analysis, and prepare reports/recommendations regarding land use, zoning, environmental requirements and issues, coastal resources, housing policy, and other matters.

4. Provide support and perform complex professional planning work related to long-range planning projects, including but not limited to amendments and maintenance of the City’s General Plan, Local Coastal Program, Housing Element, Specific Plans, Zoning Ordinances, and municipal code amendments.

5. Process federal, state, and local permits for private development projects and the City’s capital improvement plan projects, such as Design Review Board Permits, Specific Plans, Coastal Development Permits, Conditional Use Permits, Variances, and Tentative Parcel/tract Maps.

6. Review drawings for structural conformity, proposed uses and aesthetics; conduct site evaluations and analyses; reviews and analyzes civil engineering, architectural, landscaping, and other development plans for conformance with the City’s Zoning and Community (General) Plan, conditions of approval, and mitigation requirements.

7. Review development proposals for conformance with City’s Community (General) Plan, Design Review Ordinance, and Zoning/development regulations; performs highly technical research related to discretionary planning projects and other planning matters including populations, housing, transportation, land use, and economic studies.

8. Manage the preparation of environmental documents pursuant to CEQA including Mitigated Negative Declarations, Environmental Impact Reports, and related documents; reviews the work of consultants responsible for preparation of same.

9. Prepares CEQA pre- and post-Environmental Impact Report (EIR) documentation including Notices of Preparation, Notices of Determination, Requests for Proposal, Request for Qualifications, Scopes of Work, and related documentation.

10. Provide support services at the Planning Division’s front public counter and/or responding to email/telephone inquiries.
13 December 18, 2023 Item 09
Attachment A
Consulting Services Agreement
For As-Needed Planning Services

Page 12 of 12 ends

EXHIBIT “B”

FEE PROPOSAL
Project Management
Project Manager ............................................................................................................................$200/hour Principal-in-Charge.........................................................................................................................$275/hour Planning
Housing Policy Director..................................................................................................................$205/hour Planning Director ...........................................................................................................................$205/hour Principal Planner............................................................................................................................$180/hour Senior Planner ...............................................................................................................................$165/hour Associate Planner...........................................................................................................................$140/hour Assistant Planner............................................................................................................................$120/hour Planning Technician .......................................................................................................................$100/hour Environmental Review...................................................................................................................$185/hour 14 December 18, 2023 Item 09

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF DEL MAR AND PSOMAS

FOR AS-NEEDED, PLANNING SERVICES
This Professional Services Agreement (“Agreement”) is made and entered into this 18 TH day
of December 2023 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and PSOMAS. (“Consultant”) (collectively “Parties”).

WHEREAS, the City desires to employ a consultant to provide as-needed contract planning services (“Consulting Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A” and incorporated herein; and
WHEREAS, the City has initially determined that Consultant is qualified by experience and ability to perform the services desired by City, and Consultant is willing to perform such services; and
WHEREAS, Consultant will conduct all the work as described and detailed in this Agreement to be provided to the City.

NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:

1. CONSULTING SERVICES.

1.1 Scope of Services. The Consultant shall perform the Consulting Services as set forth in the written Scope of Services, attached hereto as Exhibit “A” and incorporated herein. Such services shall be provided at the direction of the City.

1.2. Project Coordinator. Karen Brindley, Planning and Community Development Director is hereby designated as the Project Coordinator for City and will monitor the progress and execution of this Agreement. Consultant shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for Consultant. Paul Garry is hereby designated as the Project Director for Consultant. City shall provide Consultant access to appropriate staff and resources for the coordination and provision of services.

1.3. City Modification of Scope of Services. City may order changes to the Scope of Services within the general scope of this Agreement consisting of additions, deletions, or other revisions. If such changes cause a change in the Consultant’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Consultant’s compensation and/or contract time shall be made, subject to the City’s approval. All such changes shall be authorized in writing, executed by Consultant and City. If such a change results in an extension of the term of this Agreement or increases the maximum amount to be paid under this Agreement, no such change shall have any force or effect unless an amendment to this Agreement is approved by the City Council.

Attachment B 15 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 2 of 15 ends

2. DURATION OF AGREEMENT.

2.1 Term, Time for Performance. This Agreement shall be effective for an initial period of three (3) years from the date first written above. Upon satisfactory performance and written agreement of both parties, the Agreement may be extended for an additional two (2) year period.

Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.

2.2 Delay. Any delay resulting from causes beyond the control of Consultant may merit an extension of time for the completion of the Scope of Services. When such delay occurs, Consultant shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the Consulting Services when justified by the circumstances provided that no extension of time shall be granted which would extend the time for performance beyond the date specified in section 2.1 above.

2.3 City’s Right to Terminate for Default. Should Consultant be in default of any covenant or condition hereof, City may immediately terminate this Agreement for cause if Consultant fails to cure the default within ten (10) calendar days of receiving written notice of the default.

2.4 City’s Right to Terminate without Cause. Without limiting its rights in the event of Consultant’s default, City may terminate this Agreement, without cause, by giving written notice to Consultant. Such termination shall be effective upon receipt of the written notice.

Consultant shall be compensated for all effort and material expended on behalf of City under the terms of this Agreement, up to the effective date of termination. All personal property remaining in City facilities or on City property thirty (30) days after the expiration or termination of this Agreement shall be, at City’s election, considered the property of City.

3. PERFORMANCE AFTER TERMINATION. Upon termination of this Agreement as provided herein, Consultant shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by Consultant to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by Consultant shall be delivered to the City Manager, upon his request, as property of City.

4. COMPENSATION.

4.1 Total Amount. Compensation to Consultant shall be provided in accordance with the rates described in the Fee Schedule contained in Exhibit “B” Consultant shall bill the City for work provided and shall present a written request for such payment monthly.

City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Consultant in advance. Consultant acknowledges that it is not guaranteed any particular amount of work.

Attachment B 16 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 3 of 15 ends

4.2 Additional Services. City may, as the need arises or in the event of an emergency, request additional services of Consultant. Should such additional services be required, Compensation therefore shall be paid to the Consultant in accordance with Scope of Services contained in Exhibit “A.” City and Consultant shall agree to the costs prior to commencement of such work.

5. INDEPENDENT CONTRACTOR. Consultant is, for all purposes arising out of this Agreement, an independent contractor. The Consultant has and shall retain the right to exercise full control and supervision of all persons assisting the Consultant in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Consultant nor Consultant’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Consultant being solely responsible for all such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters.

6. STATEMENT OF EXPERIENCE. Consultant agrees and represents by executing this Agreement that it has the financial resources, service experience, completion ability, personnel, and experience in dealing with public agencies necessary for performing the Scope of Services and that such performance shall be in accordance with the standards customarily adhered to by an experienced and competent Consultant using the degree of care and skill ordinarily exercised by reputable Consultants practicing in the same field of service in the State of California. Additionally, Consultant and all of Consultant’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.

7. AUDIT OF RECORDS.

7.1 At any time during normal business hours and as often as may be deemed necessary, the Consultant shall make available to a representative of City for examination all of its records with respect to all matters covered by this Agreement and shall permit City to audit, examine, and/or reproduce such records. Consultant shall retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.

7.2 The Consultant shall include the City’s right to audit under this section in any and all of their subcontracts and shall ensure that these sections are binding upon all subcontractors.

8. CONFIDENTIALITY. All Consulting services performed by Consultant, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to Consultant, at the time that it was disclosed to Consultant by the City, (b) subsequently becomes publicly known through no act or omission of Consultant or (c) otherwise becomes known to Consultant other than through disclosure by the City. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the City. The sole purpose of this section is to prevent disclosure of City’s confidential and proprietary information by Consultant or subcontractors.

Attachment B 17 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 4 of 15 ends

9. CONFLICTS OF INTEREST.

9.1 Consultant shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code § 87103. Consultant represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City.

9.2 Consultant shall comply with all of the reporting requirements of the Political Reform Act. The Consultant shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the Consultant is subject to a conflict of interest code, if applicable. The Consultant shall also file a Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which the Consultant was subject to a conflict of interest code.

9.3 If, in performing the Consulting Services set forth in this Agreement, the Consultant makes, or participates in, a “governmental decision” as described in Title 2, section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for the City that would otherwise be performed by a City employee holding a position specified in the department's conflict of interest code, the Consultant shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the Consultant’s relevant financial interests.

11. INSURANCE

11.1 Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than “A” and “VII” and are admitted to do business in the State of California, unless otherwise approved in writing by the City’s Risk Manager.

11.2 Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to non-payment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.

Attachment B 18 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 5 of 15 ends

11.3 Types and Amounts Required. Consultant shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:

11.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.

11.3.2 Commercial Automobile Liability. For all of the Consultant's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $300,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).

11.3.3 Workers' Compensation. For all of the Consultant's employees who are subject to this Agreement and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage.

The Consultant shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives.

11.3.4 Consulting Liability. Consulting liability (errors and omissions) coverage with a limit of $1,000,000 per claim and $2,000,000 annual aggregate. The Consultant shall ensure both that (1) the policy retroactive date is on or before the date of commencement of the Scope of Services; and (2) the policy will be maintained in force for a period of three years after substantial completion of the Scope of Services or termination of this Agreement whichever occurs last. The Consultant agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the City's exposure to loss. All defense costs shall be outside the limits of the policy.

11.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions are the responsibility of the Consultant and must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers, or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

11.5 Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:

11.5.1 The City, its officers, officials, employees, and representatives shall be named as additional insureds. The City's Additional Insured status must be reflected on additional insured endorsement form which shall be submitted to the City.

Attachment B 19 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 6 of 15 ends

11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.

11.6 Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 11. The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

12. DEFENSE AND INDEMNIFICATION.

12.1 Consultant agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the Consultant, its employees, agents, and subcontractors negligent or reckless performance of services under this Agreement. Consultant’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the active negligence or willful misconduct by the City or its elected officials, officers, agents, and employees. Consultant's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.

12.2 This indemnity is in addition to any other rights or remedies which City may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, at its sole discretion, reserve, retain or apply any monies due to Consultant under this Agreement for the purpose of resolving such claims; provided however, that City may release such funds if Consultant provides City with reasonable assurances of protection of the City's interest. The City shall, in its sole discretion determine whether such assurances are reasonable.

12.3 Consultant agrees that its duty to defend arises upon an allegation of liability based upon the performance of services under this Agreement by Consultant, its officers, agents, representatives, employees, sub-consultants, or anyone for whom Consultant is liable and that an adjudication of Consultant’s liability is not a condition precedent to Consultant's duty to defend.

13. SUBCONTRACTORS.

13.1 The Consultant’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the Project is subject to prior approval by the City.

13.2 All contracts entered into between the Consultant and its subcontractor shall also provide that each subcontractor shall obtain insurance policies, which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement.

The Consultant shall require the subcontractor to obtain all policies described in section 11 of this Attachment B 20 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 7 of 15 ends

Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Consultant.

13.3 In any dispute between the Consultant and its subconsultants, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Consultant agrees to defend and indemnify the City as described in section 12 of this Agreement should the City be made a party to any judicial or administrative proceeding to resolve any such dispute or should the City incur any costs in responding to third-party discovery requests.

14. NON-DISCRIMINATION. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places available to employees and applicants for employment any notices provided by City setting forth the provisions of this non-discrimination clause.

15. NOTICES. All communications to either party by the other party shall be delivered to the persons listed below. Any such written communications by mail shall be conclusively deemed to have been received by the addressee five (5) calendar days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted below.

If to City: If to Consultant
City of Del Mar PSOMAS
City Clerk Attn: Paul Garry
1050 Camino del Mar 865 S. Figueroa St., Ste. 3200
Del Mar, CA 92014 Los Angeles, CA 90017
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.

17. RESPONSIBILITY FOR EQUIPMENT. City shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Consultant or any of Consultant’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Consultant by City. The acceptance or use of any such equipment by Consultant, Consultant’s employees, or subcontractors shall be construed to mean that Consultant accepts full responsibility for and agrees to exonerate, indemnify and hold harmless City from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.

18. CALIFORNIA LAW; VENUE/MISC. This Agreement shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Agreement shall be brought in the county of San Diego, California.

Attachment B 21 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 8 of 15 ends

Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.

19. COMPLIANCE WITH LAWS. The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of prevailing wages for public works projects, if applicable. Consultant shall indemnify and defend the Indemnified Parties from and against any liability incurred due to any failure on the part of Consultant to comply with any applicable Laws.

To the extent Consultant is required to comply with prevailing wage requirements, Consultant does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Consultant and any subconsultants ensure that they are familiar with and comply with its requirements. Such requirements include, but are not limited to, the registration requirement with the Department of Industrial Relations, State of California (DIR), pursuant to Labor Code section 1725.5. As of March 1, 2015, in compliance with SB 854, the City requires all affected contractors and consultants to be registered with the DIR prior to submitting a bid or proposal on any eligible District project. As of April 1, 2015, failure to comply with the requirements of SB 854 by any contractor or consultant, including registration with the DIR pursuant to Labor Code section 1725.5, shall be a material breach of this Agreement which may be terminated by the City in its sole and absolute discretion. Where applicable, this project is subject to compliance monitoring and enforcement by the DIR.

20. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986. Consultant certifies that Consultant is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Agreement.

21. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the Parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein.

22. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless agreed to in writing by both Parties.

23. NO WAIVER. No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement shall constitute a waiver of any such breach of such covenant, term or condition.

24. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.

25. DRAFTING AMBIGUITIES. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Attachment B 22 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 9 of 15 ends

Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.

26. LEGAL FEES. In the event of the bringing of any action or suit by either party hereto against the other party hereunder to enforce or interpret any of the provisions, covenants or conditions of this Agreement, or arising out of any tortious conduct by either party incident to this Agreement, the prevailing party in such action or suit shall be entitled to recover all costs and expenses of suit, including reasonable attorneys' fees. In any action or suit brought to enforce this Agreement, the damages available shall be limited to specific performance or other such equitable relief that the court may order.

27. CONFLICTS BETWEEN TERMS. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.

28. EXHIBITS INCORPORATED. All Exhibits referenced in this Agreement are incorporated into the Agreement by this reference.

29. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.

Attachment B 23 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 10 of 15 ends

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF DEL MAR,
a municipal corporation
By: ____________________________
Ashley Jones, City Manager
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
PSOMAS
By: _______________________
Rose Fistrovic, Vice President
Attachment B 24 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 11 of 15 ends

EXHIBIT “A”

SCOPE OF SERVICES
The Scope of Services is comprised of but not limited to:

2. Provide analysis of planning issues and determine project schedules and priorities.

10. Provides support services at the Planning Division’s front public counter and/or responding to email/telephone inquiries.

Attachment B 25 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 12 of 15 ends

P S O M A S
EXHIBIT “B”

FEE PROPOSAL
Billing Rates are Effective Through December 31, 2027
Land Use Entitlements - Billing Rates
Classification Hourly Billing Rates
Administrative/Project Assistant $100.00
AssistantPlanner $125.00
Planner $140.00
SeniorPlanner $175.00
Project Manager $255.00
Principal/Director $265.00
Transportation - Billing Rates
Classification Hourly Billing Rates
Senior Transportation Planner $205.00
Active Transportation Lead $275.00
Traffic Engineering - Billing Rates
Classification Hourly Billing Rates
TrafficDesigner $140.00
Traffic Engineer $190.00
Senior Traffic Engineer $200.00
Traffic Engineer Lead $285.00
Attachment B 26 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 13 of 15 ends

Civil Engineering - Billing Rates
Classification Hourly Billing Rates
QA/QC Manager or Director $295.00
Contract Manager or Senior Project Manager $280.00
Project Manager II $255.00
Project Manager I $235.00
Assistant Project Manager or Senior Project Engineer $220.00 Project Engineer II $215.00
Project Engineer I $205.00
Professional Engineer $190.00
Engineering Designer III $165.00
Engineering Designer II $155.00
Engineering Designer I $140.00
Project Assistant/Administration $130.00
Environmental - Billing Rates
Classification Hourly Billing Rates
Principal-in-Charge $297.00
QA/QC Manager $273.00
Senior Air Quality, Climate Change and Noise Manager $257.00 Senior Cultural Resources Manager $224.00
Regulatory Permitting Manager $229.00
Senior Project Manager, Environmental $268.00
Senior Environmental Planner $219.00
Senior Restoration Ecologist $193.00
Senior Project Manager/Biological Resources Manager $235.00 Senior Archaeologist/Paleontologist $191.00
Project Manager I $169.00
Project Manager II $180.00
Project Manager III $202.00
Regulatory Permitting Specialist $193.00
Senior Field Technician $127.00
Certified Arborist $145.00
Attachment B 27 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 14 of 15 ends

Environmental - Billing Rates (continued)
Assistant Project Manager, Environmental $162.00
Senior Biologist/Senior Ecologist $171.00
Air Quality, Climate Change, and Noise Specialist $145.00 Environmental Planner I $145.00
Environmental Planner II $150.00
Environmental Planner III $156.00
Biologist $147.00
Archaeologist/Paleontologist $116.00
Field Technician $110.00
GIS Manager $191.00
Senior GIS Analyst $168.00
GISSpecialist $133.00
Graphic Artist $133.00
Technical Writer/Editor $116.00
Word Processor $139.00
Project Assistant/Administrative Assistant $139.00
Survey/Subdivision - Billing Rates
Classification Hourly Billing Rates
In-Office Services
Administrative/Project Assistant $130.00
Drafter $130.00
Surveyor $145.00
Project Surveyor $170.00
Senior Project Surveyor $220.00
Project Management $260.00
Senior Project Management $290.00
Principal/Director $300.00
Field Services
One-Person Survey Party $260.00
Attachment B 28 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 15 of 15 ends

Survey/Subdivision - Billing Rates (continued)
Two-Person Survey Party $365.00
Three-Person Survey Party $460.00
Field Supervisor $190.00
Hourly rates for field survey parties include normal usage of field equipment and are fully equipped rates. Per Diem is calculated at current State Department of Transportation rates (or other appropriate Agency rate).

Special Equipment and Other Costs
3D Laser Scanner (Static) $3,000.00 per day
3D Laser Scanner (Mobile Mapping System) $5,000.00 per day Standard computer and technology costs are incorporated into the hourly rates shown above.

REIMBURSABLES
Mileage at current IRS allowable rate and parking expenses incurred by office employees are charged at cost. Prints, plots, messenger service, subsistence, air travel, and other direct expenses will be charged at cost plus ten percent. The services of outside consultants will be charged at cost plus fifteen percent.

The above rate schedule is for straight time. Overtime will be charged at 135 percent of the standard hourly rates.

Work performed on Sundays and holidays will be charged at 170 percent of the standard hourly rates.

Landscape Architecture - Billing Rates
Classification Hourly Billing Rates
Landscape Architect $150.00
Attachment B 29 December 18, 2023 Item 09

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF DEL MAR AND INTERWEST CONSULTING GROUP

FOR AS-NEEDED, PLANNING SERVICES
This Professional Services Agreement (“Agreement”) is made and entered into this 18 TH day
of December 2023 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and Interwest Consulting Group. (“Consultant”) (collectively “Parties”).

NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:

1. CONSULTING SERVICES.

1.2. Project Coordinator. Karen Brindley, Planning and Community Development Director is hereby designated as the Project Coordinator for City and will monitor the progress and execution of this Agreement. Consultant shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for Consultant. Richard Smeaton, AICP is hereby designated as the Project Director for Consultant. City shall provide Consultant access to appropriate staff and resources for the coordination and provision of services.

Attachment C 30 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 2 of 12 ends

2. DURATION OF AGREEMENT.

Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.

4. COMPENSATION.

Attachment C 31 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 3 of 12 ends

7. AUDIT OF RECORDS.

7.2 The Consultant shall include the City’s right to audit under this section in any and all of their subcontracts and shall ensure that these sections are binding upon all subcontractors.

Attachment C 32 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 4 of 12 ends

9. CONFLICTS OF INTEREST.

10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by Consultant under this Agreement shall be considered the property of City. Consultant shall be permitted to reference and use said materials for use in future studies, work, and marketing so long as said materials are considered “public documents” and are not subject to attorney-client privilege, or the subject of pending closed or executive session discussions. For the avoidance of doubt, nothing in this Agreement shall be understood to grant City rights to pre-existing intellectual property of Consultant, including Consultant software and licensed software, or to any improvements thereto.

11. INSURANCE

11.2 Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to non-payment Attachment C 33 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 5 of 12 ends

of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.

11.3 Types and Amounts Required. Consultant shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:

The Consultant shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives.

11.5 Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:

Attachment C 34 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 6 of 12 ends

11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.

12. DEFENSE AND INDEMNIFICATION.

12.1 Consultant agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the Consultant, its employees, agents, and subcontractors performance of services under this Agreement. Consultant’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the City or its elected officials, officers, agents, and employees. Consultant's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.

13. SUBCONTRACTORS.

13.1 The Consultant’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the Project is subject to prior approval by the City.

Attachment C 35 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 7 of 12 ends

The Consultant shall require the subcontractor to obtain all policies described in section 11 of this Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Consultant.

If to City: If to Consultant:

City of Del Mar Interwest Consulting Group
City Clerk Attn: Richard Smeaton, AICP
1050 Camino del Mar 9320 Chesapeake Dr., Ste. 208
Del Mar, CA 92014 San Diego, CA 92123
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.

18. CALIFORNIA LAW; VENUE/MISC. This Agreement shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or Attachment C 36 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 8 of 12 ends

interpret any portion of this Agreement shall be brought in the county of San Diego, California.

Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.

22. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

24. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.

Attachment C 37 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 9 of 12 ends

25. DRAFTING AMBIGUITIES. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.

28. EXHIBITS INCORPORATED. All Exhibits referenced in this Agreement are incorporated into the Agreement by this reference.

Attachment C 38 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 10 of 12 ends

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.

INTERWEST CONSULTING GROUP
By: _______________________
Paul Meschino, President
Attachment C 39 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 11 of 12 ends

EXHIBIT “A”

SCOPE OF SERVICES
The Scope of Services is comprised of but not limited to:

2. Provide analysis of planning issues and determine project schedules and priorities.

10. Provide support services at the Planning Division’s front public counter and/or responding to email/telephone inquiries.

Attachment C 40 December 18, 2023 Item 09
Consulting Services Agreement
For As-Needed Planning Services

Page 12 of 12 ends

EXHIBIT “B”

FEE PROPOSAL
Hourl y Bil l ing Rat es
Beginning onthe1st anniversaryof the Effective Date of the Agreement and annually thereafter, the hourly rates listed below shall be automatically increased based upon the annual increase in the Department of Labor, Bureau of Labor Statisticsor successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the “ CPI” ), unlessa mutually agreed upon rate increase isestablished. Such increase shall not exceed 5% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged.

CLASSIFICATION HOURLY BILLING RATE
Planning Ser vices
Community Development Director ...................................................................................................................$200 Planning Manager ..............................................................................................................................................$185 Principal Planner..................................................................................................................................................$170 Senior Planner......................................................................................................................................................$155 Associate Planner ................................................................................................................................................$125 Assistant Planner..................................................................................................................................................$100 Planning Technician.............................................................................................................................................$80 Grant Writ ing
Grant Manager.....................................................................................................................................................$160 Grant Writer .........................................................................................................................................................$150 Attachment C 41 December 18, 2023 Item 09
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Emily Torres, Management Analyst
Clem Brown, Assistant City Manager
Via Ashley Jones, City Manager
DATE: December 18, 2023
SUBJECT: Agreement with the Del Mar Garden Club for Community Gardens and Beautification Projects
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Approve an agreement with the Del Mar Garden Club (Attachment A) recognizing and allowing for the installation and maintenance of community gardens and beautification projects throughout the City; and 2) Authorize the City Manager to execute the agreement.

DISCUSSION/ANALYSIS:

The Del Mar Garden Club (Garden Club) was established in 1989 with the goal to enrich the community’s plant resources and contribute to beautification in the City of Del Mar (City). The City recognizes the importance and value of local non-profit organizations committed to serving the social, recreational, and economic development needs of residents and businesses. The Garden Club consists of Del Mar resident volunteers that hold valuable expertise and a passion for gardening. The Garden Club and the City enjoy a mutually beneficial relationship that allows the Garden Club to install and maintain community gardens and complete beautification projects within the City’s public spaces.

The Garden Club currently has four community garden locations they are responsible for in Del Mar including the Del Mar Post Office garden on 15th Street; Del Mar Library garden along Camino Del Mar; Crest Trail/Park garden along Crest Road; and a garden in front of the Del Mar Community Building on 9th Street. Activities performed at each location include design, planting, light trimming, pruning, weeding, and similar maintenance activities, the extent and frequency of which are determined by the Garden Club based on the expertise of its members.

Per the proposed agreement (Attachment A), the Garden Club will not perform heavy installation or maintenance and will focus on the activities mentioned above in order to maintain and beautify the community in the designated areas, unless otherwise specified 1 December 18, 2023 Item 10
City Council Agenda Report
Agreement with the Del Mar Garden Club
December 18, 2023

Page 2 of 2 ends

________________________________________________________________________________________________________ City Council Action:
by the City. At any time, the Garden Club may propose a new garden location or beautification project for consideration of approval from the City. The Garden Club may also abandon existing community gardens or beautification projects but only with a minimum of 30 days written notice to the City. At which time, the City will decide whether to take over maintenance or remove the garden based on available resources.

Staff recommends that the City take steps to memorialize the City’s long-standing relationship with the Garden Club and the important work they do in the Del Mar community by entering into the proposed agreement. The agreement was developed in collaboration with representatives from the Garden Club.

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.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This is an operational item and is not included in the City Council’s list of Goals & Priorities.

ATTACHMENTS:

Attachment A – Del Mar Garden Club Agreement
2 December 18, 2023 Item 10
Attachment A

AGREEMENT BETWEEN

THE CITY OF DEL MAR AND THE DEL MAR GARDEN CLUB

FOR COMMUNITY GARDEN AND BEAUTIFICATION PROJECTS
This Agreement is made and entered into this 18th day of December 2023, by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and the Del Mar Garden Club (“Garden Club”), a 501(c)(3) public charity, herein collectively referred to as the “Parties”.

WHEREAS, the Garden Club’s mission is to stimulate the knowledge and love of gardening and to contribute to the beauty of the Del Mar community; and WHEREAS, the Garden Club consists of Del Mar resident volunteers with an expertise and a passion for gardening; and
WHEREAS, the Garden Club and the City enjoy a mutually beneficial relationship that allows the Garden Club to install and maintain community gardens and complete beautification projects in the City’s public spaces; and
WHEREAS, the Parties desire to enter into an agreement to acknowledge and memorialize the arrangement by which the Garden Club installs and maintains community gardens and completes beautification projects in the City of Del Mar. Said activities are to occur in accordance with the terms and conditions set forth and further described in the Scope of Permitted Services, attached hereto as Exhibit “A” and incorporated herein.

NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:

1. PERMITTED ACTIVITIES.

1.1 Scope of Permitted Activities. The Garden Club shall install and maintain community gardens and complete beautification projects in certain designated public spaces within the City of Del Mar at its sole expense, as set forth in the Scope of Permitted Activities, attached hereto as Exhibit “A” and incorporated herein. Such activities shall be coordinated and approved by the City in advance of such activities commencing.

1.2. Modification of Scope of Permitted Activities. The Garden Club may request changes to the Scope of Permitted Activities within the general scope of this Agreement provided the requested changes are consistent with the purpose and mission of the Garden Club and the goals and priorities of the City. Such changes shall be mutually agreed upon in writing by the Parties.

1.3. City Rights Unrestricted. Nothing in this Agreement shall limit City's right to exercise jurisdiction over any portion of the right of way, to perform work within the right of way, or to temporarily or permanently remove a community garden or beautification project to accommodate required work in the public right of way. If a community garden or beautification project is removed due to required City work in the public right of way, the City makes no representations or warranties of any kind, whether expressed or implied, that the City will be responsible for replacement of the garden or beautification project or the resulting condition of the right of way following completion of work by the City.
3 December 18, 2023 Item 10
Agreement
Garden Club – Community Gardens and Beautification Projects Attachment A

Page 2 of 12 ends

2. DURATION OF AGREEMENT.

2.1 Term, Time for Performance. This Agreement shall be effective the day and year first hereinabove written and will remain in effect until terminated as provided for in Sections 2.2 and 2.3 below.

2.2 Right to Terminate. This Agreement may be terminated by either Party with a minimum of thirty (30) days prior written notice.

2.3 City’s Right to Terminate for Default. Should the Garden Club be in default of any covenant or condition hereof, City may immediately terminate this Agreement for cause if the Garden Club fails to cure the default within ten (10) calendar days of receiving written notice of the default.

3. INDEPENDENT CONTRACTOR. The Garden Club is, for all purposes arising out of this Agreement, an independent contractor. The Garden Club has the right and responsibility to exercise full control and supervision of all persons assisting the Garden Club in the performance of said permitted activities hereunder. The City is in no way responsible for the Garden Club members or volunteers or those operating on their behalf.

4. INSURANCE

4.1 Garden Club shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Garden Club, their members, representatives, volunteers, or subcontractors.

4.2 Garden Club’s liabilities, including but not limited to indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to non-payment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.

4.3 Types and Amounts Required. Garden Club shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:

4.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.

4.3.2 Products-Completed Operations and Medical Expense.

Insurance shall cover claims liability arising from bodily injury or property damage related to Garden Clubs activities or following the Garden Club’s completed activities in the amount subject to an annual aggregate of $2,000,000. Medical expense coverage shall cover up to $20,000 for each Garden Club member or volunteer.
4 December 18, 2023 Item 10
Agreement
Garden Club – Community Gardens and Beautification Projects Attachment A

Page 3 of 12 ends

4.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions are the responsibility of the Garden Club and must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers, or (2) the Garden Club shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

4.5 Additional Required Provisions. The commercial general liability, products-completed operations, and medical expense policies shall contain, or be endorsed to contain, the following provisions:

4.5.1 The City, its officers, officials, employees, and representatives shall be named as additional insureds. The City's Additional Insured status must be reflected on additional insured endorsement form which shall be submitted to the City.

4.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.

4.6 Verification of Coverage. The Garden Club shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 4.

The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

5. INDEMNIFICATION AND HOLD HARMLESS. With regard to any claim, protest, or litigation arising from or related to the Garden Club’s performance in connection with or incidental to the Scope of Services or this Agreement, the Garden Club agrees to defend, indemnify, protect, and hold the City and its agents, officers, Council members, and employees harmless from and against any and all claims, asserted or established liability for damages or injuries to any person or property, including injury to the Garden Club or its volunteers, which arise from or are connected with or are caused or claimed to be caused by the negligent, reckless, or willful acts or omissions of the Garden Club and its volunteers, in performing the permitted activities herein, and all expenses of investigating and defending against same, including attorney fees and costs; provided, however, that the Garden Club’s duty to indemnify and hold harmless shall not include any claims or liability arising from the established negligence or willful misconduct of the City or its Council members, officers, agents, employees, and designees.

Prior to participating in any Garden Club activities on public property, Garden Club members and volunteers shall be required to sign a Garden Club Waiver, which includes the following language:

I agree to indemnify, defend, protect and hold harmless the City of Del Mar and its Council members, officers, agents, employees, and designees (collectively, City Indemnified Parties) from and against any and all liability, claims, demands, costs and expenses (including, without limitation, court costs and reasonable attorneys’ fees) of any kind whatsoever resulting from or in any way connected with Garden Club activities on City property or public right-of-way excepting only those acts caused by the sole negligence or willful misconduct of the City Indemnified Parties. 5 December 18, 2023 Item 10
Agreement
Garden Club – Community Gardens and Beautification Projects Attachment A

Page 4 of 12 ends

Any proposed modifications to the Garden Club Waiver language shall be mutually agreed upon in writing by the Parties.

6. SUBCONTRACTORS.

6.1 The City is in no way responsible for the Garden Club’s hiring or retaining of third parties (i.e., subcontractors) to perform any of the permitted activities included in the Agreement.

6.2 In any dispute between the Garden Club and its subcontractors, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Garden Club agrees to defend and indemnify the City as described in Section 5 of this Agreement should the City be made a party to any judicial or administrative proceeding to resolve any such dispute or should the City incur any costs in responding to third-party discovery requests.

7. NOTICES. All communications to either party by the other party shall be delivered to the persons listed below. Any such written communications by mail shall be conclusively deemed to have been received by the addressee five (5) calendar days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted below.

City of Del Mar Del Mar Garden Club
City Clerk Mary Friestedt, President
1050 Camino Del Mar PO Box 2832
Del Mar, CA 92014 Del Mar, CA 92014

8. ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Garden Club’s activities be delegated or sub-contracted, without the express written consent of the City.

9. CALIFORNIA LAW; VENUE/MISC. This Agreement shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Agreement shall be brought in the county of San Diego, California.

The Garden Club hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.

10. COMPLIANCE WITH LAWS. The Garden Club shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement. Further, the Garden Club and volunteers shall secure and maintain in force such permits and licenses as are required by law in connection with the permitted activities pursuant to this Agreement. The Garden Club shall indemnify and defend the Indemnified Parties from and against any liability incurred due to any failure on the part of the Garden Club to comply with any applicable Laws.

11. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the Parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein.

12. AMENDMENTS. This Agreement may be modified or amended in writing by the Parties and approved as to form by the City Attorney. No change, alteration, or modification of 6 December 18, 2023 Item 10
Agreement
Garden Club – Community Gardens and Beautification Projects Attachment A

Page 5 of 12 ends

the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless agreed to in writing by both Parties.

13. NO WAIVER. No failure of either Party to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement shall constitute a waiver of any such breach of such covenant, term or condition.

14. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.

15. LEGAL FEES. In the event of the bringing of any action or suit by either party hereto against the other party hereunder to enforce or interpret any of the provisions, covenants or conditions of this Agreement, or arising out of any tortious conduct by either party incident to this Agreement, the prevailing party in such action or suit shall be entitled to recover all costs and expenses of suit, including reasonable attorneys' fees. In any action or suit brought to enforce this Agreement, the damages available shall be limited to specific performance or other such equitable relief that the court may order.

16. CONFLICTS BETWEEN TERMS. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.

17. EXHIBITS INCORPORATED. All Exhibits referenced in this Agreement are incorporated into the Agreement by this reference.

18. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
[Signatures on Following Page]
7 December 18, 2023 Item 10
Agreement
Garden Club – Community Gardens and Beautification Projects Attachment A

Page 6 of 12 ends

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF DEL MAR,
a municipal corporation
By: ___________________________
Ashley Jones, City Manager

DEL MAR GARDEN CLUB
By: _______________________________
Mary Friestedt, President

ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
8 December 18, 2023 Item 10
Agreement
Garden Club – Community Gardens and Beautification Projects Attachment A

Page 7 of 12 ends

EXHIBIT “A”
Del Mar Garden Club
Scope of Permitted Activities
A) Approved Garden Locations
Location Description

1. U.S. Post Office Garden,122 15th
Street
Right-of-way planters on sidewalk in front of the Del
Mar Post Office, as shown on Exhibit A-1 attached
hereto.

2. 1309 Camino Del Mar Del Mar Library succulent garden on west side of building, (not including the stairway/steps leading from Camino Del Mar to the building entrance), as shown
on Exhibit A-2 attached hereto.

3. Crest Road 1000-1100 block
Trail/Park Garden
West Side of Crest Rim Park (Klish to Amphitheatre),
as shown on Exhibit A-3 attached hereto.

4. Del Mar Community Building Front
Garden, 225 9th Street
Frontage at Del Mar Community Building Garden, as
shown on Exhibit A-4 attached hereto.

Except as otherwise specified in this Agreement, or any subsequent agreement between the Parties, the Scope of Permitted Activities at any Approved Garden Locations shall include any activities incidental to the establishment and ordinary maintenance of gardens and beautification projects, including design, planting, light trimming, pruning, weeding, and similar maintenance activities, the extent and frequency of which will be determined by the Garden Club in its sole and absolute discretion. Notwithstanding the foregoing, unless specifically agreed to between the Parties, nothing herein shall render the Garden Club responsible for heavy installations or maintenance, (including any work or activity requiring the use of motorized equipment), nor shall the Garden Club be responsible for keeping any Approved Garden Locations safe and free of hazards, apart from hazards resulting from its own gross negligence or willful misconduct.

B) Process for Approval of New Garden Locations or Beautification Projects The Garden Club may propose new locations for a community garden or beautification project. A request for a new community garden or beautification project shall be submitted to the City Manager’s office in writing along with a site plan and scope of proposed activities by the Garden. The City shall review the request and make a determination regarding approval. The Garden Club must receive approval prior to the commencement of Garden Club activities. Upon final approval from the City, this “Exhibit A” shall be amended to include the new community garden or beautification project.

C) Abandonment of Community Garden or Beautification Project The Garden Club may abandon an existing community garden or beautification project with at least 30 days written notice to the City. Upon receipt of written notice, the City will 9 December 18, 2023 Item 10
Agreement
Garden Club – Community Gardens and Beautification Projects Attachment A

Page 8 of 12 ends

evaluate and determine whether to remove or assume maintenance responsibilities for the community garden or beautification project. In no event shall the City seek or impose any costs upon the Garden Club, or any of its members or volunteers, resulting from its abandonment of any community garden or beautification project. 10 December 18, 2023 Item 10
Agreement
Garden Club – Community Gardens and Beautification Projects Attachment A

Page 9 of 12 ends

EXHIBIT “A-1”
US Post Office Garden – 122 15th Street
11 December 18, 2023 Item 10
Agreement
Garden Club – Community Gardens and Beautification Projects Attachment A

Page 10 of 12 ends

EXHIBIT “A-2”
12 December 18, 2023 Item 10
Agreement
Garden Club – Community Gardens and Beautification Projects Attachment A

Page 11 of 12 ends

EXHIBIT “A-3”
13 December 18, 2023 Item 10
Agreement
Garden Club – Community Gardens and Beautification Projects Attachment A

Page 12 of 12 ends

EXHIBIT “A-4”
Del Mar Community Building Front Garden – 225 9th Street 14 December 18, 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
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: December 18, 2023
SUBJECT: Task Order Approval for Utility Specialists Southwest, Inc. to Perform Utility Underground District (UUD) Pre-Formation Services for UUD 2 (Beach Colony)
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Approve a $52,275 Task Order (Attachment A) with Utility Specialists Southwest, Inc. to perform utility underground district (UUD) preformation services for UUD 2 (Beach Colony); 2) Authorize the City Manager to amend the Task Order by up to $8,000 for extended consulting services; and 3) Authorize the City Manager to execute the Task Order.

BACKGROUND:

The City of Del Mar is moving forward with the citywide Undergrounding Program (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), which included a comprehensive set of recommendations from staff and the Undergrounding Project Advisory Committee (UPAC) to accomplish the citywide UP. The Council-adopted Plan included the designation of City blocks (i.e., areas) as Utility Undergrounding Districts (UUDs), 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 (in the case of UUD X1A).

Staff are currently working on the design and planning for UUD’s 1A, X1A and 1B, with UUD 2 identified as the next priority area. Attachment B includes a map of the planned districts, including UUD 2. UUD 2 is located west of railroad right-of-way and north of UUD 1B. It includes an estimated 98 poles and 9,792 linear feet of overhead conversion to underground from approximately 18th Street to 29th Street, covering 340 parcels. The pre-formation services will finalize the district boundary for UUD 2 and provide more accurate statistics for the project.
1 December 18, 2023 Item 11
City Council Agenda Report
Utility Specialists – UUD 2 Pre-Formation Services Task Order December 18, 2023

Page 2 of 3 ends

DISCUSSION/ANALYSIS:

Required Steps to Form District
The California Public Utilities Commission (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: Rule 20A: 100% Utility Funding; Rule 20B: Partial Utility Funding (Typically 20-40%); and Rule 20C: Partial Utility Funding (De Minimis Amount).

The UUD 2 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 revenue (sales tax measure revenue source partially dedicated to the UP). San Diego Gas & Electric (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.

To form a UUD, Chapter 23.54 of the Del Mar Municipal Code requires a two-step process:

1. A public hearing is the first step by which the City Council, following a public hearing, 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.

District Pre-Formation 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 district pre-formation services for UUD 2 (Beach Colony).

The district pre-formation services will include agency meetings and coordination, district formation support, and resident interface and communications. These services will assist the City in adopting a resolution that forms the UUD following a public hearing. The proposed Task Order, which has a total cost of $52,275 for the services (see Exhibit A), is included with this agenda report as Attachment A. Staff also recommends allocating $8,000 for Task Order extended services as deemed necessary and approved by the City Manager. If authorized to proceed, the City Council hearing for formal UUD 2 formation is expected to take place in June 2024.
2 December 18, 2023 Item 11
City Council Agenda Report
Utility Specialists – UUD 2 Pre-Formation Services Task Order December 18, 2023

Page 3 of 3 ends

PRIOR CITY COUNCIL REVIEW:

On October 16, 2023, the City Council adopted resolutions establishing an underground utility district (1B) on Stratford Court (west of Camino del Mar, from 11th Street to just north of 15th Street (L’Auberge Del Mar)).

On July 12, 2021, the City Council adopted resolutions establishing an underground utility district (1A) on Stratford Court (west of Camino del Mar, from 4th street to 12th street); and a underground utility district (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.

On May 17, 2021, City Council adopted a resolution establishing an underground utility district on 10th Street east of Camino del Mar, Tewa Court, and portion of Klish Way.

On August 5, 2019, City Council approved the recommendations made by the UPAC and staff and reaffirmed the City’s commitment to citywide undergrounding of all utility poles; confirmed the recommended preliminary undergrounding boundary map (i.e., blocks), prioritization guidelines, and ranking of the blocks; authorized simultaneous design of the two identified areas in coordination with SDG&E and the necessary funding for initial implementation; and approved various policy recommendations made by UPAC, which are key assumptions for the Project Delivery Plan and estimated total UP budget.

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 $60,275 from the Measure Q Fund as shown below:

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in the 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.

NEXUS TO CITY COUNCIL GOALS & PRIORITIES:

Utility Undergrounding is listed as a Tier 1 City Council priority for FYs 2022-2023 and 2023-2024.

ATTACHMENTS:

Attachment A – Utility Specialists Southwest, Inc. Task Order Exhibit A to Attachment A – UUD 2 Pre-Formation Services Scope of Work Attachment B – UP Citywide Map

PROJECT FUND ACCOUNT AMOUNT
UUD 2 – Beach Colony Measure Q Fund 02.7000.7205 $60,275 3 December 18, 2023 Item 11
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us December 18, 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 & NOTICE TO PROCEED FOR THE UTILITY UNDERGROUND DISTRICT 2 (BEACH COLONY) – DISTRICT PRE-FORMATION SERVICES (ACCOUNT 02.7000.7205)
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 2 (Beach Colony), 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 $52,275 unless a task order amendment is authorized by the City Manager for extended consulting services. The project schedule shall commence upon execution of this Task Order/Notice to Proceed, and shall be completed by June 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
Exhibit A: Utility Specialists Southwest, Inc. - UUD 2 Pre-Formation Services Scope of Work 4 December 18, 2023 Item 11
Item # Description US Principal US Sr. PM KCM Sr. PM US PM KCM PM US Asst PM KCM PE Total Cost 1 Agency Meetings and Coordination
a Attend bi-weekly coordination Zoom meetings with CDM staff for 5 months (time divided between District 1A, X1A, 1B, & 2). 3.0 3.0 3.0 3.0 $2,220 b Prepare and distribute meeting agendas and minutes for by-weekly coordination meetings (time divided between District 1A, X1A, 1B, & 2). 2.0 3.0 $915 c Meet with SDGE and other utilities, during their initial and follow-up site visit, to provide value-added engineering insights and SOQ's. Assumes two (2) field walks at 4 hours each plus travel. 16.0 10.0 10.0 10.0 $8,540 d Attend City Council meetings, includes two meetings. 8.0 8.0 $2,920e Filing and document management 10.0 4.0 $1,800 Total Hours 27.0 13.0 15.0 0.0 24.0 10.0 4.0 $16,395
2 District Formation Support
a Coordinate to prepare materials for City Council Meeting as required for the formation of District 2. 4.0 4.0 8.0 4.0 $3,420 b Develop concept schedule for District 2. 2.0 4.0 $1,160 c Complete quantity takeoffs for District 2 summary stats for narrative (number of poles, linear feet of overhead, estimated linear feet of undergrounding, number of parcels/properties, and number of residences/businesses.) Prepare Mailer List for use in distributing Notices to within District 2 and within 300’ of each District. Plot GIS exhibits of within District 2 and within 300' limits. Download City GIS data for properties within the district and within 300'. Reformat excel data for envelop/label printing (eg Delete duplicates and fix street address column information (eg move C/O)). Do not check against water billing at this stage. Site visits for address verifications to supplement missing information from City GIS data including added rental units, condo and apartment unit numbers, and public building addresses. .

8.0 12.0 $3,200
d Prepare District exhibit with all lot lines, addresses, and street names shown. 1.0 8.0 12.0 $3,395 e Site visits to verify homes/buildings requiring lateral undergrounding and input of site visit results into database and narrative. 12.0 12.0 4.0 $4,660 Total Hours 18.0 0.0 9.0 12.0 28.0 4.0 24.0 $15,835
3 Resident Interface and Communications
a Populate database with City GIS parcel and property owner information. 2.0 16.0 $3,190 b Complete quality control review of GIS data. 4.0 16.0 $3,580 c

4.0 28.0 28.0 $9,880
d Setup individual property correspondence file folders. 1.0 12.0 $1,995 e Provide resident inquiry responses. 8.0 $1,400
Total Hours 0.0 0.0 11.0 0.0 68.0 0.0 40.0 $20,045
Total Overall Hours 45.0 13.0 35.0 12.0 120.0 14.0 68.0 Rate Per Hour $190 $180 $195 $140 $175 $120 $150
Total Cost $8,550 $2,340 $6,825 $1,680 $21,000 $1,680 $10,200 Subtotal Task Order #05: District 2 Formation Services
11/15/2023
Task Order #05: District 2 Formation Services
Utility Specialists & KCM Hourly Assumptions
City of Del Mar Undergrounding Program - Task Order #05 $52,275
Task Order #05 includes services from District 2 project kickoff in January 2024 through City Council's formation of the District (anticipated to be in June 2024). 5 December 18, 2023 Item 11

ATTACHMENT B
6 December 18, 2023 Item 11
City of Del Mar
Staff Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Deputy Mayor Dan Quirk and Councilmember Terry Gaasterland, Liaisons to the Measure Q Citizen Oversight Committee
Prepared by Denise Galvan, Management Analyst
DATE: December 18, 2023
SUBJECT: Appointment to the Measure Q Citizen Oversight Committee REQUESTED ACTION/RECOMMENDATION:

The Council Liaisons to the Measure Q Citizen Oversight Committee recommend that the City Council reappoint Steven McDowell to serve on the Committee as a voting member for a second three-year term from December 4, 2023, through December 31, 2026.

DISCUSSION/ANALYSIS:

The purpose of the Measure Q Citizen Oversight Committee (Committee) is to review, provide oversight, and report to the City Council on Measure Q revenues and expenditures. The Committee meets bi-annually or as-needed. A primary responsibility of the Committee is verifying that revenues from Measure Q are properly reserved for projects approved by the City Council and that related expenditures are accurately tracked.

The Committee is composed of five members, two (2) Finance Committee Members and three (3) at-large community residents of Del Mar with the goal that one (1) member is from the Del Mar business community.

There are currently two vacancies on the Committee due to the term expirations of Steven McDowell on December 3, 2023, and Michael Chiappetta on December 17, 2023. City staff advertised the vacancies, and one Citizen Interest Form was received during the recruitment period from Steven McDowell (Attachment A). The Council Liaisons to the Committee have reviewed the application and recommend that the City Council reappoint Steven McDowell as a voting member (Finance Committee seat) for a second three-year term starting on December 4, 2023, and ending on December 31, 2026.

If the recommended appointment is approved by the City Council, the Committee will have one at-large vacancy that the City is currently advertising, and one additional remaining vacancy targeted to the Del Mar business community that has historically remained vacant due to a lack of interested applicants. A copy of the current Committee roster is included as Attachment B for Council’s reference.

ATTACHMENTS:

Attachment A - Citizen Interest Form
Attachment B – Committee Roster
1 December 18, 2023 Item 12
2 December 18, 2023 Item 12
3 December 18, 2023 Item 12
4 December 18, 2023 Item 12
5 December 18, 2023 Item 12
6 December 18, 2023 Item 12
7 December 18, 2023 Item 12
8 December 18, 2023 Item 12
City of Del Mar
Measure Q Citizen Oversight Committee
Position Vice Chair
Category At-Large (Resident)
Steven Mcdowell
1st Term Dec 03, 2019 - Dec 03, 2023
Appointing Authority City Council
Category At-Large (Resident)
Michael S. Chiappetta
1st Term Dec 17, 2019 - Dec 17, 2023
Appointing Authority City Council
Position Chair
Category Finance Committee Member(Resident)
K. Alan Lonbom
1st Term Feb 19, 2020 - Feb 19, 2024
Appointing Authority City Council
Position Secretary
Category At-Large (Resident)
Tom McGreal
2nd Term Nov 19, 2021 - Nov 15, 2025
Vacancy
Board Roster
Measure Q Citizen Oversight Committee Page 1 of 1
9 December 18, 2023 Item 12
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Mayor Tracy Martinez and Council Member Dwight Worden, Liaisons to the Parks and Recreation Committee
Prepared by Denise Galvan, Management Analyst
DATE: December 18, 2023
SUBJECT: Parks and Recreation Committee Appointment
REQUESTED ACTION/RECOMMENDATION:

The City Council Liaisons to the Parks and Recreation Committee recommend that the City Council reappoint Ann Feeney as a voting member to the Committee to serve a full threeyear term starting January 2, 2024, and ending on January 31, 2027.

DISCUSSION/ANALYSIS:

The Parks and Recreation Committee (Committee) was established to advise the City Council on matters related to City parks and open space lands, recreation facilities, trails and scenic preserves, and to plan for specific development of Del Mar’s open space. The Committee reviews the City’s need for park and recreation facilities and guidelines governing the use and enjoyment of public parks and open space lands; makes recommendations to City staff regarding the efficient and adequate maintenance of City parks and open space lands; and reviews guidelines governing the use of the City’s trails and the Adopt-a-Spot Program. The Committee consists of seven voting members serving three-year terms. One member may be a non-resident.

There is currently one upcoming vacancy on the Committee due to the conclusion of Ann Feeney’s serving a partial term, which expires on January 1, 2024. City staff advertised the vacancy, and one Citizen Interest Form was received during the recruitment period from Ann Feeney (Attachment A). The Council Liaisons to the Committee recommend that the City Council appoint Ann Feeney as a voting member to serve her first full term starting January 2, 2024, and ending on January 31, 2027. In accordance with City Council Policy 200 Section E.5, this appointment, if approved by the City Council, would count as her first term towards the consecutive two-term limit because her initial term serving on the Committee was less than six months (from October 2, 2023 to January 1, 2024).

If the recommended appointment is approved by the City Council, the Committee will have a full roster with no remaining vacancies. A copy of the current Committee roster is included as Attachment B.

ATTACHMENTS:

Attachment A – Citizen Interest Form
Attachment B – Current Parks and Recreation Committee Roster 1 December 18, 2023 Item 13

CITIZEN INTEREST FORM
1050 Camino Del Mar, Del Mar California 92014 | (858) 755-9313 | https://www.delmar.ca.us/ Form Approved 12/7/21; Revised 6/14/2023
Thank you for your interest in serving the Del Mar Community. Please use this Citizen Interest Form to apply to serve on a City of Del Mar advisory committee, Planning Commission, or Design Review Board. The City of Del Mar greatly values the many talented citizens who volunteer to serve in city government. We encourage you to get involved. Please indicate whether you are seeking to serve on the Del Mar Planning Commission, Design Review Board, or one or more of the City’s many advisory committees, and please note your order of preference indicating 1st, 2nd choice, etc.

Before making your selection, we encourage you to spend some time learning about what each entity does, what its mission is, and what your role would be if you were appointed. Please note that in addition to the general questions below to be answered by all applicants, there are also specific questions tailored to service on the Planning Commission, Design Review Board, or an advisory committee to be answered as well.

Before applying, you are encouraged to attend or watch a committee meeting and review recent committee agendas and meeting minutes. If appointed, you will be expected to attend the meetings, which typically last about 2 hours in length, or more depending on the agenda, and require about 1 hour of preparation time for each meeting. Please note that in accordance with City Council Policy 200, committee members must not miss more than three meetings in a given calendar year. Committee meeting times vary, so please review the website calendar to make sure the meeting times for the committee you are applying for work for your schedule: Public Meeting Calendar.

You can also view current committee webpages, charters, and member rosters to get more information about each committee. In accordance will Council Policy 200- City Council Advisory Committees, Boards and Commissions members of the public may serve on two boards, committees or commissions concurrently except in special circumstances as determined by the Council. Additionally, the number of consecutive terms that an individual may serve on a committee is two unless the City Council makes an exception if they feel it is to the benefit of the committee to re-appoint an individual to a third term. Please note that ex-officio members are non-voting and may be non-residents.

Form Submittal: Citizen Interest Forms must be submitted by the published deadline. Forms can be submitted in-person or by mail at: Del Mar City Hall, 1050 Camino del Mar, Del Mar 92014; or via email: [email protected].

IMPORTANT: Save the form on your computer prior to filling it out. Do not fill out the form in the Internet browser.
2 December 18, 2023 Item 13

Page 1 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Last Name First Name Middle Initial
Home Street Address* City, State
Business Street Address (if applicable) City, State
Home Phone Number Business Phone Number E-mail Address
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2nd choice, etc.):
___ Design Review Board ___ Planning Commission
Arts Advisory Committee Parks and Recreation Committee
Finance Committee Traffic and Parking Advisory Committee Measure Q Citizen Oversight Committee Lagoon Committee
Other(s) (please indicate):______________ Sustainability Advisory Committee Qualifications for appointment and/or reasons for application (attach additional pages as needed):

Education:
*Applicants are required to provide a physical residency address. Mailing addresses or Post Office boxes will not be accepted. The City will maintain all residency addresses strictly confidential.

Feeney Ann J
Del Mar, CA
x
I was on the Tree Subcommittee of the Sustainability Advisory Board for 3-4 years, with our goal to increase the tree canopy of Del Mar (one of our Climate Action Plan goals). I am interested in preserving and enhancing the City’s parks and public spaces, paths and trails, for all to enjoy. I am a member of the Del Mar Garden Club, and I am also a volunteer with Sierra Club, where we also try to expand people’s experiences of the outdoors. I would be happy to be of service to the city to enhance our outdoor spaces.

B.A. Newton College, Newton, MA
Ph.D. Cornell University Graduate School of Medical Sciences, NY, NY Postdoctoral studies UCSD and Fox Chase Cancer Center (Philadelphia, PA) 3 December 18, 2023 Item 13

Page 2 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law Relevant Experience (job or volunteer etc.):

Name all of the Del Mar Committees/Boards/Commissions that you now serve on:

Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:

Optional: Please list three Del Mar residents who can provide a reference**:

NAME STREET NAME (no house
number)
Phone Number
**Due to Brown Act limitations that restrict communications between Councilmembers regarding upcoming actions of the City Council, please do not include a current sitting Councilmember as a reference for your appointment.

Residency
Month Year
I have been a resident of California since:

I have been a resident of San Diego County since:

I have been a resident of Del Mar since:

Are you a full-time or part-time resident of Del Mar? ☐ Full-time ☐ Part-time
Is Del Mar your primary place of residence? ☐ Yes ☐ No
Are you a register voter in Del Mar? ☐ Yes ☐ No
Sustainability Advisory Committee (previously Sustainability Advisory Board) Del Mar Garden Club, member since 2019
grew milkweed plants for the Monarch Garden at the Civic Center Sierra Club volunteer
SanDiego350 volunteer
Research Scientist, Scripps Research Institute, 26 years (retired 2018) Sustainability Advisory Committee
Sustainability Advisory Committee/Board 2014-present (term ends 1/2/24) Mary Friestedt Bellaire St
Linda Chisari Crest Road
Dolores Davies Jamison Crest Road
January 1976
January 1985
January 1985
✔
4 December 18, 2023 Item 13

Page 3 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law III. COMMITTEE SPECIFIC QUESTIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.

1. Arts Advisory Committee
Membership on the Arts Advisory Committee is set by category. Which membership category do you best fit in? Select all that apply. (Note that City staff, consultants, and vendors are precluded from serving on the Arts Advisory Committee.)
☐ Resident with an art background
☐ Resident without an art background
☐ Business Owner- Art related business
☐ Del Mar Foundation Representative
☐ Del Mar Village Association Representative
☐ Ex-Officio (non-voting) – with Art related expertise
☐ Other (please explain): _________________________________________________ Describe your experience and skills as they relate to the world of community art and fine art.

Why in your opinion is public art valuable to the Del Mar community? What is your public art philosophy?

2. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.

Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.

What aspects of the City’s finances most interest you and why? 5 December 18, 2023 Item 13

Page 4 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

3. Measure Q Citizen Oversight Committee
Membership on the Measure Q Citizen Oversight Committee is set by category. To avoid conflicts of interest, members of the Measure Q Citizen Oversight Committee cannot concurrently serve on the Undergrounding Project Advisory Committee. Which membership category do you best fit in? (Select all that apply)
☐ Current (or within past 5 years) Finance Committee Member ☐ Business Community Member
☐ At-large Resident Member
☐ Other (please explain): ____________________________________________________

4. Traffic and Parking Advisory Committee
Which membership category do you best fit in? (Select all that apply) ☐ Business representative (can be a non-resident)
☐ Resident
☐ Other (please explain): ____________________________________________________ What part of town do you live in? Geographic diversity is desirable and will be taken into account.

Check the neighborhood map to verify your neighborhood. ☐ North Bluff
☐ North Beach
☐ South Beach
☐ Village Center
☐ South Bluff
☐ South Hills
☐ North Hills
☐ Valley
Do you have any special expertise or experience related to traffic and parking? If yes, please explain:

5. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.

Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.

What aspects of the City’s parks and recreation most interest you and why? Sierra Club volunteer
Tree subcommittee, Sustainability Advisory Board/Committee Del Mar Garden Club member
maintaining and enhancing the beauty and health of the City’s parks and open spaces for all to enjoy
6 December 18, 2023 Item 13

Page 5 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

6. Lagoon Committee
The Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.

What aspect(s) of being on the Lagoon Committee most interest you and why?

7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.

What aspects of being on the Shores Advisory Committee most interest you and why? Please describe your vision for the future of Shores Park.

8. Sustainability Advisory Committee
The Sustainability Advisory Committee members are community leaders on environmental issues.

In what ways would you like to contribute to a more sustainable world either in your personal life or on a broader community level?
Please describe any outreach or public education efforts you have participated in related to environmental issues or in other areas. Do you have skills or experience in outreach that you could bring to the Sustainability Advisory Committee?

9. Undergrounding Project Advisory Committee
The Undergrounding Project Advisory Committee is seeking applicants with an interest in the citywide undergrounding project. To avoid conflicts of interest, members of the Undergrounding Project Advisory Committee cannot concurrently serve on the Measure Q Citizen Oversight Committee.

Geographic diversity is desirable and will be taken into account. What part of town do you live in? Check the neighborhood map to verify your neighborhood.
☐ North Bluff ☐ North Beach
☐ South Beach ☐ Village Center
☐ South Bluff ☐ South Hills
☐ North Hills ☐ Valley
7 December 18, 2023 Item 13

Page 6 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law Is your utility service undergrounded? What involvement did you have, if any? What aspects of being on the Utility Undergrounding Advisory Committee most interest you? Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? IV. SIGNATURE AND ACKNOWLEDGEMENT
Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.

Additionally, the Del Mar Conflict of Interest Code requires that members of the Design Review Board, Planning Commission, and Finance Committee file Conflict of Interest Statements with the Administrative Services Department in conformance with the Fair Political Practices Commission and the City’s Conflict of Interest Code. Other advisory committee members are not required to file Conflict of Interest Statements.

By signing below, you are acknowledging that you have reviewed the Committee webpage for which you are applying and that you understand the conflict of interest filing requirement, if applicable. Part of your service may include ethics and anti-harassment training upon appointment and bi-annually. Visit the City’s Conflict of Interest Code webpage to learn more about the requirement.

By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and correct to the best of your knowledge. ___ ___ __________________________
Signature Date
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.
9-9-23
8 December 18, 2023 Item 13
City of Del Mar
Parks & Recreation Committee
Appointing Authority City Council
Ann Feeney
1st Term Oct 02, 2023 - Jan 01, 2024
Appointing Authority City Council
Claire Mcgreal
2nd Term Jun 02, 2019 - Mar 02, 2025
Position Vice Chair
Arlene Prater
1st Term Mar 21, 2022 - Mar 31, 2025
Appointing Authority City Council
Position Chair
Mac McLoughlin
2nd Term Sep 06, 2022 - Sep 30, 2025
Appointing Authority City Council
Marco Bruderer-schwab
1st Term Oct 04, 2022 - Oct 31, 2025
Appointing Authority City Council
Lynn Gaylord
1st Term Feb 21, 2023 - Feb 28, 2026
Mary E. Friestedt
2nd Term Feb 02, 2023 - Feb 28, 2026
Board Roster
Parks & Recreation Committee Page 1 of 1
9 December 18, 2023 Item 13
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Jonathan Edelbrock, Community Services Director and Chief Lifeguard Via Ashley Jones, Acting City Manager
DATE: December 18, 2023
SUBJECT: Introduction of an Ordinance Amending Chapters 14.16 and 14.20 of the Del Mar Municipal Code Related to Procedures and Establishment of Public and Private Property Parking Zones
REQUESTED ACTIONS:

Staff recommends that the City Council introduce an Ordinance (Attachment A) amending Chapters 14.16 and 14.20 of the Del Mar Municipal Code authorizing the establishment of public and private property parking zones, which would allow the City to expand parking zones to include public lots and private property contractually permitting the City to provide enforcement, pursuant to its authority under the California Vehicle Code.

DISCUSSION/ANALYSIS:

On April 4, 1988, the City Council adopted Ordinance No. 508 creating Chapters 14.16 and

14.20 of the Del Mar Municipal Code (DMMC), which established restrictions related to the stopping, standing, or parking of vehicles, and regulations for parking meters, respectively.

After a detailed review of the DMMC parking related codes and the parking areas in the City’s jurisdiction, it is recommended that both referenced sections of Chapter 14 be revised to more clearly enable enforcement to include any public or private property where the City of Del Mar has jurisdictional powers and further limit the ability for citations issued in those areas to be challenged.

City of Del Mar Parking Enforcement Officers and County of San Diego Sheriff’s Department staff patrol the City daily to help ensure compliance with State, County, and Del Mar vehicle and parking regulations. Patrol areas in the City include streets and highways, which are both designated by Chapter 14.16 of the DMMC as areas to be marked and enforced. Patrols, however, also include the Town Hall parking garage and the 17th Street parking lot adjacent to the Beach Safety Center, both on public property. Multiple parking lots on private property, by agreement with the City, are monitored and enforced by City staff including the Trailhead Lot at the corner of Jimmy Durante Boulevard and San Dieguito Road; Seagrove Parking Lot; St. Peter’s Church spaces on Maiden Lane; and the public parking section of the L’Auberge Del Mar.

The proposed Ordinance modifies DMMC Chapters 14.16 and 14.20 and provides more specific language establishing public or private parking lots within the City’s jurisdiction to enable enforcement of the parking restrictions set forth in both DMMC chapters. A redlined copy of the current code with proposed changes is included with this report as Attachment B. 1 December 18, 2023 Item 14
City Council Agenda Report
Amendments to DMMC Chapters 14.60 & 14.20 – Pkg Zones
December 18, 2021

Page 2 of 2 ends

Authority is granted under the California Vehicle Code (CVC) Section 22508 that authorizes the City, by resolution, to establish designated parking areas and regulations to prohibit or restrict the parking or standing of vehicles. Proposed changes to DMMC Chapter 14.16 expand the City’s jurisdiction beyond “streets and highways” to include “public or private property whereby the City of Del Mar having jurisdiction by its police powers, ownership interest or by contract to third parties” and by defining visual features beyond “white lines designating parking spaces” to also include “visual features such as signs, curb marking, or similar features”. This proposed modification is also included for Chapter 14.20, which currently lacks specifics defining the parking zones or markings.

The City Council has an interest in maintaining the City in an orderly and aesthetically pleasing condition, to keep property values in line with neighboring communities, and to improve the quality of life for its residents, businesses, and visitors. Designating parking areas that provide public parking with clear visual features helps to limit nuisance violations and contribute to safer road conditions. Providing more consistent and specific language defining the areas of enforcement is a best practice and simplifies determining outcomes of contested citations during the adjudication process.

If the proposed Ordinance is introduced by the City Council as recommended, staff will return for a second reading and adoption of the Ordinance on January 8, 2024. The Ordinance will take effect thirty (30) days after adoption.

NEXUS TO CITY COUNCIL GOALS AND PRIORITES:

Amending the City’s parking regulations to abate public nuisances and continue protecting the health, safety and welfare of the public is considered an operational item.

FISCAL IMPACT:

There is no fiscal impact or fiscal action to be taken by the City Council related to this agenda item. The City’s existing provisions already authorize the City to recover any administrative costs associated with enforcement of the regulations under DMMC Chapter 14.24.

ENVIRONMENTAL REVIEW:

The proposed Ordinance is exempt from the California Environmental Quality Act (CEQA).

The proposed Ordinance is not a project within the meaning of Section 15378 of the CEQA Guidelines because there is no potential for it to result in a physical change in the environment, either directly or indirectly. In the event the proposed Ordinance is found to be subject to CEQA, it is exempt from CEQA pursuant to the exemption contained in Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility of a significant effect on the environment.

ATTACHMENTS:

Attachment A – Ordinance Amending DMMC Chapters 14.16 and 14.20 Attachment B – DMMC Chapters 14.16 and 14.20 with Proposed Redlined Changes 2 December 18, 2023 Item 14

ATTACHMENT A
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING CHAPTER 14.16 AND 14.20 OF

THE DEL MAR MUNICIPAL CODE AUTHORIZING THE

REMOVAL OF VEHICLES FROM PUBLIC PROPERTY
WHEREAS, the City of Del Mar has the authority, pursuant to its police power, to enact regulations to protect the public health, safety and welfare under California Constitution, Article XI, Section 7; and
WHEREAS, the City currently regulates against vehicles stopping, standing, and parking; and parking in stalls with expired parking meters under Chapters 14.16 and

14.20, respectively, of the Del Mar Municipal Code (DMMC); and WHEREAS, the City’s existing provisions control the stopping, standing, parking, and parking at expired meters of vehicles from streets, highways, and designated zones, but do not expressly restrict from other public or private property, such as City parking lots and private property with ownership interest or by contract to third parties; and WHEREAS, Section 22508 of the California Vehicle Code authorizes the City to adopt an ordinance to establish parking meter zones and to designate the area that would be included in the zone and to be marked with white lines or by other visual features such as signs, curb marking, or similar features, designating parking spaces and require vehicles to park within the parking spaces; and
WHEREAS, the City Council has an interest in maintaining the City in an orderly and esthetically pleasing condition, to keep property values in line with neighboring communities, and to improve the quality of life for its residents, businesses, and visitors; and
WHEREAS, the accumulation and/or storage of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, on public property is found to create a condition tending to promote blight and deterioration, invite plundering, create potential fire hazards, and create an attraction and habitat for rodents and insects; and WHEREAS, the City Council finds that the presence of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, on public property constitutes a public nuisance, which must be abated to protect the public health, safety and welfare.

NOW THEREFORE, the City Council of the City of Del Mar hereby ordains as follows:

SECTION 1: The foregoing recitals are true and correct.

SECTION 2: Chapter 14.16 - REGULATIONS AGAINST STOPPING, STANDING,

PARKING
3 December 18, 2023 Item 14
Ordinance No. XXX

Page 2 of 9 ends

14.16.010 - Adoption of Code by Reference.

14.16.030 below. The provisions thereof shall be controlling within the limits of the City of Del Mar to include, without limitation, regulatory provisions, and definitions.

A. Title 7, Division 2, Article 7 commencing with Section 72.110 regarding stopping, standing and parking.

B. Title 7, Division 2, Article 8 commencing with Section 72.130 relating to loading or unloading. Except that Section 72.135 is amended to add:
iii. Except in areas of parks, designated by signs, loading and unloading is the only allowable activity, with no exception.

C. Title 7, Division 2, Article 9 commencing with Section 72.140 relating to parking time limits.

D. Title 7, Division 2, Article 10 commencing with Section 72.150 relating to angle parking.

E. Title 7, Division 2, Article 14 commencing with Section 72.190 regarding taxicab stands.

14.16.020 - Effective Date.

The effective date of these regulations is September 15, 1993.

14.16.030 – Procedures and Jurisdiction.

A. The City Council may establish by resolution, regulations which prohibit or restrict the parking or standing of vehicles. (See also: Cal. Vehicle Code §§ 22507, 22507.5)
B. The City Council may establish by ordinance, parking meter zones and fix the rate of fees for such zones. (See also: Cal. Vehicle Code § 22508) C. The City Council may establish by resolution, parking spaces for the exclusive use of vehicles which display a distinguishing license plate or placard of a 4 December 18, 2023 Item 14
Ordinance No. XXX

Page 3 of 9 ends

disabled person in accordance with the provisions of Section 22511.7 of the Vehicle Code.

D. Consistent with State law, the City Council may, by ordinance, cause streets, highways, or public or private property whereby the City of Del Mar having jurisdiction by its police powers, ownership interest or by contract to third parties may be marked with white lines or by other visual features such as signs, curb marking, or similar features, designating parking spaces and require vehicles to park within the parking spaces. (See also: Cal. Vehicle Code § 22508)

14.16.040 - Curb Markings.

Curb markings authorized and established under this Chapter shall comply with Section 21458 of the Vehicle Code, and shall be effective upon such days and during such hours or times as may be prescribed by ordinance.

14.16.050 - No Entrance Into Intersection That Would Obstruct Traffic.

No operator of any vehicle shall enter any intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection of crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.

14.16.060 - Prohibition of Parking of Oversized or Non-Motorized Vehicles.

No person shall park or leave standing upon any public street or alley any oversized or non-motorized vehicle for a period longer than four hours.

14.16.070 - Definitions.

B. Non-Motorized Vehicle shall mean any trailer, camp trailer, semi-trailer, or trailer coach as defined by the California Vehicle Code, and any recreational vehicle as defined in Subsection 30.04.170.A. of this Code.

14.16.080 - Exceptions to Prohibition on Parking of Oversized and Non-Motorized Vehicles.
5 December 18, 2023 Item 14
Ordinance No. XXX

Page 4 of 9 ends

The provisions of Section 14.16.060 shall not apply to any of the following:

A. Oversized vehicles making pick-ups or deliveries of goods, wares, or merchandise from or to any building or structure.

B. Any vehicle involved in an emergency or any vehicle being repaired under emergency conditions.

C. Any vehicle belonging to Federal, State, or local authorities.

D. Any vehicle displaying a valid permit issued pursuant to Section 14.16.090.

14.16.090 - Permit Process for Temporary Overnight Parking.

A. The Parking Enforcement Division of the Community Services Department shall issue a permit for an oversized vehicle or non-motorized vehicle to any resident of the City, or a bona fide guest of such resident, if (1) the appropriate fees as described in this subsection are paid; and (2) the Parking Enforcement Division determines that the vehicle will not create a safety hazard. The permit shall state the address of the resident and shall state: "OVERSIZED OR NON-MOTORIZED VEHICLE PERMIT."
B. The duration of the permit shall not exceed 48 hours.

C. No more than six permits shall be issued to any person described in Subsection A in any one-year period. Permits may not be issued for consecutive periods.

D. The fee for obtaining a permit shall be determined by the Del Mar City Council.

E. The vehicle shall not be used for overnight camping, lodging, residing in or using for accommodation purposes.

14.16.100 - Posting of Signs.

A. Signs giving adequate notice of the prohibitions contained in this chapter shall be placed at the city limits. The signs shall state: "NO PARKING OF OVERSIZED

OR NON-MOTORIZED VEHICLES WITHOUT VALID PERMIT FOR MORE THAN FOUR HOURS."
B. Signs may, at the discretion of the Parking Enforcement Division, be placed on City streets. These signs shall read as described in Subsection A. with the following additional language: "IMMEDIATE TOWING AUTHORIZED." 6 December 18, 2023 Item 14
Ordinance No. XXX

Page 5 of 9 ends

14.16.110 - Vehicle Removal and Penalties.

A. Vehicles parked in violation of this chapter may be cited immediately and fined $75.00 for each violation.

B. Vehicles parked in violation of this chapter may be removed after 72 hours, pursuant to Vehicle Code § 22651(k).

C. Vehicles parked in violation of this Chapter may be removed immediately if a sign is posted in accordance with Subsection 14.16.100.B., pursuant to Vehicle Code § 22651(n).

D. Each violation shall be considered a separate offense per Section 1.08.030 of this Code.

Chapter 14.20 - PARKING METERS

14.20.010 - Purpose.

It is the purpose of this Chapter to establish procedures and regulations applicable to parking meters.

14.20.020 - Zones and Rates Established.

A. To authorize the establishment of a zone in which parking meters are to be installed, the City Council shall adopt an ordinance specifying:

1. The streets, highways, or public or private property whereby the City of Del Mar having jurisdiction by its police powers, ownership interest or by contract to third parties may be marked with white lines or by other visual features such as signs, curb markings, or similar features, included in the zone;

2. Whether white lines designating parking spaces to be established;

3. The hours of operations of the meter; and

4. The rate of fee.

B. The Road Commissioner shall establish the parking meter zone and cause to be installed meters, signs and markings in accordance with the authorizing ordinance.
7 December 18, 2023 Item 14
Ordinance No. XXX

Page 6 of 9 ends

14.20.030 - Administration of Meters.

A. The Road Commissioner shall insure that money deposited into meters is collected as to the Finance Director.

B. The Road Commissioner shall insure that meter, signs and markings are maintained in good condition.

14.20.040 - Expired Meter, Display of Valid Ticket/Receipt.

A. Parking Space Regulated by a Parking Meter.

1. It is unlawful for any person to park a vehicle in a parking space that is regulated by a parking meter requiring a parking meter fee to be paid to allow the vehicle to remain in that area, unless:
a. The parking meter regulation is not in effect at the time; or b. The fee has been paid and the parking meter is displaying a sign or signal indicating the entitlement to use the parking spaces is legal and unexpired.

2. The registered owner of a vehicle is in violation of the law if such vehicle is in a parking space that is being regulated by a parking meter requiring a parking meter fee to be paid to allow the vehicle to remain in that area, unless:
a. The parking meter regulation is not in effect at the time, or b. The fee has been paid and the parking meter is displaying a sign or signal indicating the entitlement to use the parking space is legal and unexpired.

B. Parking Space Regulated by Parking Machine.

1. It is unlawful for any person to park a vehicle in a parking space that is regulated by a parking machine which dispenses a ticket/receipt upon the payment of a parking fee to allow the vehicle to remain in that area, unless:
a. The parking machine regulation is not in effect at the time; or b. A valid, unexpired ticket/receipt is displayed in the vehicle, viewable to the public.
8 December 18, 2023 Item 14
Ordinance No. XXX

Page 7 of 9 ends

2. The registered owner of a vehicle is in violation of the law if such vehicle is in a parking space that is being regulated by a parking machine which dispenses a ticket/receipt upon the payment of a parking fee to allow the vehicle to remain in that area; unless:
a. The parking machine regulation is not in effect at the time; or b. A valid, unexpired ticket/receipt is displayed in the vehicle, viewable to the public.

3. Unless authorized by the City in writing, it is unlawful for any person to transfer or exchange with some other person a parking machine ticket/receipt issued by the City.

14.20.050 - Tampering with Meters.

It is unlawful for any unauthorized person to open, for any person to deface, injure, tamper with, or willfully break, destroy, impair the usefulness of, or tamper with any parking meter installed pursuant to this Chapter. Such prohibited tampering shall include, but is not limited to, depositing or causing to be deposited any slug, device or metallic object as a substitute for a coin of the United States. A violation of this Section shall be a misdemeanor.

14.20.060 - Rule of Evidence.

The parking or standing of any vehicle in a parking space, at which space the parking meter displays the sign or signal indicating illegal parking, shall constitute a prima facie presumption that the vehicle has been parked or allowed to stand in such space in violation of the City's Traffic Code.

14.20.070 - Enforcement.

The Road Commissioner shall establish an enforced program whereby the enforcing authority will record the number of the meter at which vehicle is overparked, take the State vehicle license of such vehicle, and issue in writing a citation for illegal parking in the same for and subject to the same procedure provided for by the laws of the State of California, applicable to traffic violations within this City; except when the vehicle is an official City vehicle parked while the operator is performing official duties in the vicinity.

SECTION 3: This is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because there is no potential for it to result in a physical change in the environment, either directly or indirectly. In the event this Ordinance is found to be subject to CEQA, it is exempt from CEQA pursuant to the 9 December 18, 2023 Item 14
Ordinance No. XXX

Page 8 of 9 ends

exemption contained in Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility of a significant effect on the environment.

SECTION 4: If any section, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, illegal or unconstitutional by a decision or order of any court of competent jurisdiction, then such decision or order shall not affect the validity and enforceability of the remaining portions of this Ordinance. The City Council hereby declared that it would have passed and adopted this Ordinance, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases is declared invalid, illegal or unconstitutional.

SECTION 5: This Ordinance shall be effective thirty (30) days following its adoption.

Within fifteen (15) days following its adoption, the City Clerk shall certify to the passage of this Ordinance and cause the same to be published, or the title thereof as a summary, in accordance with the provisions of State law, in a newspaper of general circulation designated for legal notices publication in the City of Del Mar.

SECTION 6: This Ordinance was introduced at a regular meeting of the City Council held on the 18th day of December 2023.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 8th day of January 2024.
________________________________
_____________, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
10 December 18, 2023 Item 14
Ordinance No. XXX

Page 9 of 9 ends

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 8th day of January, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
11 December 18, 2023 Item 14

ATTACHMENT B
Redlined Regulations
Del Mar Municipal Code Chapter 14.16 and 14.20
Chapter 14.16 - REGULATIONS AGAINST STOPPING, STANDING, PARKING

14.16.010 - Adoption of Code by Reference.

There is hereby adopted by reference, by the City of Del Mar for the purpose of prescribing rules and regulations for the control of traffic within the City of Del Mar, the following portions of the San Diego County Traffic Code, together with such secondary references as are included in those portions, effective as of the date set forth on Section 14.16.030 below. The provisions thereof shall be controlling within the limits of the City of Del Mar to include, without limitation, regulatory provisions, and definitions.

A. Title 7, Division 2, Article 7 commencing with Section 72.110 regarding stopping, standing and parking.

C. Title 7, Division 2, Article 9 commencing with Section 72.140 relating to parking time limits.

D. Title 7, Division 2, Article 10 commencing with Section 72.150 relating to angle parking.

E. Title 7, Division 2, Article 14 commencing with Section 72.190 regarding taxicab stands.

14.16.020 - Effective Date.

The effective date of these regulations is September 15, 1993.

14.16.030 – Procedures and Jurisdiction.

A. The City Council may establish by resolution, regulations which prohibit or restrict the parking or standing of vehicles. (See also: Cal. Vehicle Code §§ 22507, 22507.5)
12 December 18, 2023 Item 14
B. The City Council may establish by ordinance, parking meter zones and fix the rate of fees for such zones. (See also: Cal. Vehicle Code § 22508) C. The City Council may establish by resolution, parking spaces for the exclusive use of vehicles which display a distinguishing license plate or placard of a disabled person in accordance with the provisions of Section 22511.7 of the Vehicle Code.

14.16.040 - Curb Markings.

14.16.050 - No Entrance Into Intersection That Would Obstruct Traffic.

14.16.060 - Prohibition of Parking of Oversized or Non-Motorized Vehicles.

No person shall park or leave standing upon any public street or alley any oversized or non-motorized vehicle for a period longer than four hours.

14.16.070 - Definitions.

A. Oversized Vehicle shall mean any vehicle that exceeds 20 feet in length, or 84 inches in width, or 78 inches in height. Any extension(s) caused by mirrors or accessories attached to the side(s) of such vehicle shall not be considered part of the measured width area.
13 December 18, 2023 Item 14
B. Non-Motorized Vehicle shall mean any trailer, camp trailer, semi-trailer, or trailer coach as defined by the California Vehicle Code, and any recreational vehicle as defined in Subsection 30.04.170.A. of this Code.

14.16.080 - Exceptions to Prohibition on Parking of Oversized and Non-Motorized Vehicles.

The provisions of Section 14.16.060 shall not apply to any of the following:

A. Oversized vehicles making pick-ups or deliveries of goods, wares, or merchandise from or to any building or structure.

B. Any vehicle involved in an emergency or any vehicle being repaired under emergency conditions.

C. Any vehicle belonging to Federal, State, or local authorities.

D. Any vehicle displaying a valid permit issued pursuant to Section 14.16.090.

14.16.090 - Permit Process for Temporary Overnight Parking.

A. The Parking Enforcement Division of the Community Services Department shall issue a permit for an oversized vehicle or non-motorized vehicle to any resident of the City, or a bona fide guest of such resident, if (1) the appropriate fees as described in this subsection are paid; and (2) the Parking Enforcement Division determines that the vehicle will not create a safety hazard. The permit shall state the address of the resident and shall state: "OVERSIZED OR NONMOTORIZED VEHICLE PERMIT." B. The duration of the permit shall not exceed 48 hours.

C. No more than six permits shall be issued to any person described in Subsection A in any one-year period. Permits may not be issued for consecutive periods.

D. The fee for obtaining a permit shall be determined by the Del Mar City Council.

E. The vehicle shall not be used for overnight camping, lodging, residing in or using for accommodation purposes.

14.16.100 - Posting of Signs.

A. Signs giving adequate notice of the prohibitions contained in this chapter shall be placed at the city limits. The signs shall state: "NO PARKING OF 14 December 18, 2023 Item 14

OVERSIZED OR NON-MOTORIZED VEHICLES WITHOUT VALID PERMIT FOR MORE THAN FOUR HOURS."
B. Signs may, at the discretion of the Parking Enforcement Division, be placed on City streets. These signs shall read as described in Subsection A. with the following additional language: "IMMEDIATE TOWING AUTHORIZED."

14.16.110 - Vehicle Removal and Penalties.

A. Vehicles parked in violation of this chapter may be cited immediately and fined $75.00 for each violation.

B. Vehicles parked in violation of this chapter may be removed after 72 hours, pursuant to Vehicle Code § 22651(k).

C. Vehicles parked in violation of this Chapter may be removed immediately if a sign is posted in accordance with Subsection 14.16.100.B., pursuant to Vehicle Code § 22651(n).

D. Each violation shall be considered a separate offense per Section 1.08.030 of this Code.

Chapter 14.20 - PARKING METERS

14.20.010 - Purpose.

It is the purpose of this Chapter to establish procedures and regulations applicable to parking meters.

14.20.020 - Zones and Rates Established.

A. To authorize the establishment of a zone in which parking meters are to be installed, the City Council shall adopt an ordinance specifying:

2. Whether white lines designating parking spaces to be established;

3. The hours of operations of the meter; and
15 December 18, 2023 Item 14

4. The rate of fee.

B. The Road Commissioner shall establish the parking meter zone and cause to be installed meters, signs and markings in accordance with the authorizing ordinance.

14.20.030 - Administration of Meters.

A. The Road Commissioner shall insure that money deposited into meters is collected as to the Finance Director.

B. The Road Commissioner shall insure that meter, signs and markings are maintained in good condition.

14.20.040 - Expired Meter, Display of Valid Ticket/Receipt.

A. Parking Space Regulated by a Parking Meter.

B. Parking Space Regulated by Parking Machine.

1. It is unlawful for any person to park a vehicle in a parking space that is regulated by a parking machine which dispenses a ticket/receipt upon the payment of a parking fee to allow the vehicle to remain in that area, unless:
16 December 18, 2023 Item 14
a. The parking machine regulation is not in effect at the time; or b. A valid, unexpired ticket/receipt is displayed in the vehicle, viewable to the public.

3. Unless authorized by the City in writing, it is unlawful for any person to transfer or exchange with some other person a parking machine ticket/receipt issued by the City.

14.20.050 - Tampering with Meters.

14.20.060 - Rule of Evidence.

14.20.070 - Enforcement.

TO: Honorable Mayor and City Council Members
FROM: Adriana Jaramishian, Associate Planner
Amanda Lee, Principal Planner
Jon Edelbrock, Community Services Director
Via Ashley Jones, City Manager
DATE: December 18, 2023
SUBJECT: Update on Coastal Development Permit for Citywide Paid Parking Facilities

REQUESTED ACTION/RECOMMENDATION
Staff recommends that the City Council receive an update on implementation of the City’s Coastal Development Permit for Paid Parking Facilities and new Low-Income Beach Parking Pass Program required by the California Coastal Commission (Coastal Commission) in February 2023 as a condition of permit approval.

DISCUSSION/ANALYSIS
Paid parking is an important City program, as it creates more frequent parking turnover and increased coastal access for a greater number of visitors to enjoy the beautiful coastal resources, public beach, and public park amenities. The City of Del Mar hosts millions of visitors each year at the Del Mar beach alone. The revenue generated from paid parking facilities offsets costs associated with the maintenance of public parking spaces in the North Beach area and supports visitor-serving services in the coastal area.

On December 13, 2021, the City Council authorized submittal of a Coastal Development Permit (CDP) application to the Coastal Commission requesting approval of the following:

1. Continued use of the existing 422 paid parking spaces in eight parking areas including the Trailhead Lot, Via de la Valle, Border Avenue, Camino del Mar “North,” 29th Street, 17th Street Public Lot, Coast Boulevard, and Camino del Mar “South.”

2. Increase the maximum hourly parking rate from $3 per hour to $4 per hour; increase the maximum daily rate from $20 per day to $25 per day; and remove the daily rate option at the Trailhead lot during special events at the Fairgrounds to increase access to parking for those wishing to utilize the lagoon trail. 1 December 18, 2023 Item 15
City Council Agenda Report
Paid Parking Coastal Development Permit Update
December 18, 2023

Page 2 of 5 ends

3. Establish a new convenience fee of $.30 for credit card transactions.

4. Provide flexibility for annual inflationary adjustments not to exceed 3%.

5. Eliminate the requirement for monthly parking counts and annual reports.

The City’s CDP was conditionally approved by Coastal Commission with modifications on February 9, 2023 (see Attachment A for CDP special conditions). The Coastal Commission modifications included requirements for monitoring reports, removal of 114 paid parking spaces along Via de la Valle where maintenance was exceeding revenue (38 spaces closest to Camino del Mar were allowed to remain), and creation of a new low-income parking pass program.

Following is an update of each special condition:

Special Conditions Status
Operating Parameters for Parking Meters
Allows maximum hourly rate $4/hour. New rates begin February 1, 2024.

At the Trailhead lot, allows a four-hour limit
during Fairgrounds special events; otherwise,
daily rate option is available.

This is existing condition.

Allows maximum daily rate $25 New rates begin February 1, 2024.

Allows fees to apply 8:00 am to 10:00 pm This is existing condition.

City shall apply variable fees to adapt to
changing seasonal or holiday conditions.

This is existing condition. City staff will
continue to evaluate and apply variable rates
based on holiday and seasonal demands.

Requires revenue generated by parking fees
to be spent on public access services,
maintenance, and projects from a preapproved list.

This is an existing condition. See Attachment
B for list.

Allowance to add additional fee of no more
than $.0.30 for credit card transactions.

The new credit card transaction fee will begin
on February 1, 2024.

Allowance to add inflationary adjustment of no
more than 3% annually.

To be considered annually with budget for
implementation at start of fiscal year.

Remove 114 meters and signage west of the
38 approved spaces on Via de la Valle.

Removed meters/signage in May 2023.

Permit Term: Five years with requirement to
obtain new CDP or amend prior to expiration.

Five-year term began February 9, 2023.

Monitoring and Reporting: Required by
CCC. See details below
Monitoring to begin in March 2024. First annual
report is due by January 31, 2025.
2 December 18, 2023 Item 15
City Council Agenda Report
Paid Parking Coastal Development Permit Update
December 18, 2023

Page 3 of 5 ends

Low-Income Beach Parking Pass: Required
by CCC. See details below.

Program to begin February 1, 2024.

Revised Monitoring and Reporting Requirements
CDP Condition #3 requires annual monitoring and reporting of parking conditions to evaluate whether the increased parking fees affect the public’s use of available paid and free parking and/or ability to access the shoreline. The reports are due January 31 each year and must meet Coastal Commission’s specified timing, locations, and other criteria as follows:

Timing: Monitoring will occur in March, June, August, and December with car counts on one Friday, Saturday, and Sunday of each month with each area counted on the same chosen days. Trailhead Lot monitoring will occur on an equal number of days with and without events at the Fairgrounds. The vehicle counts will occur at 10:00 AM, 1:00 PM, and 4:00 PM, to provide data across the day while also accounting for possible turnover in each area.

Locations: The parking areas that require monitoring include:

Paid Parking Areas Free Parking Areas
• Via de la Valle (south side)
• Border Avenue (south side)
• Camino del mar (“North”, east and
west sides between Via de la Valle
and San Dieguito Bridge)
• 29th Street (north side)
• 17th Street (north side of parking lot)
• Coast Boulevard (1500 and 1600
blocks, east and west sides)
• Camino del Mar (“South”, 100 block,
west side)
• Trailhead Lot (northwest of the
intersection of Jimmy Durante
Boulevard and San Dieguito Drive)
• Camino del Mar (2500 block to San
Dieguito Bridge)
• Santa Fe Avenue (1800 block)
• 28th Street
• 27th Street
• 26th Street
• 25th Street
• 19th Street
• 18th Street
• 15th Street (100 and 200 blocks)
• Coast Boulevard (1700 and 1800
blocks)
• Stratford Ct (1300 and 1400 blocks)
• Ocean Ave (1300 and 1400 blocks)
Other Criteria: Monitoring reports must include surf conditions, weather data, beach attendance, and special events at the Fairgrounds on dates of data collection. Reports must also include parking citation totals, financial statements, costs associated with maintaining beach access, accounting of where parking meter revenues are spent, and accounting of maintenance and operations achieved because of paid parking revenue.

Information on the low-income beach parking pass program is also required.

New Low-Income Beach Parking Pass Program
CDP Condition #4 requires the City to create a program to provide an annual beach parking pass free of charge to qualified applicants. The State’s intent is to provide more 3 December 18, 2023 Item 15
City Council Agenda Report
Paid Parking Coastal Development Permit Update
December 18, 2023

Page 4 of 5 ends

inclusive public access to the beach and parks by allowing qualified participants to park in the City’s metered parking areas. This program also satisfies a commitment in the City’s Housing Element (Program 6B) to Affirmatively Further Fair Housing and accommodate households of all income levels.

Applicants may apply for the parking pass in person at the Beach Safety Center during business hours or via the City’s website (https://www.delmar.ca.us/842/Parking-Permits).

See Attachment C for the Terms and Conditions of the program. Pending approval by the Coastal Commission Executive Director, the program is anticipated to begin February 1, 2024.

To qualify for the program, applicants must complete an application and provide documentation showing enrollment in a State or Federal assistance program for low income qualified households including CARE/FERA; Medicaid/Medi-Cal; Women, Infants and Children Program (WIC); Healthy Families A & B; National School Lunch’s Free Lunch Program (NSL); Food Stamps/SNAP; CalFresh; Low Income Home Energy Assistance Program (LIHEAP); Head Start Income Eligible (Tribal Only); Supplemental Security Income (SSI); Bureau of Indian Affairs General Assistance; Temporary Assistance for Needy Families (TANF) or Tribal TANF; San Diego County's Rental Assistance Programs; or the State of California Golden Bear Pass.

The City will promote the program and provide public outreach including:
• Program information posted on the City’s website in the “Parking Enforcement” section with other available City parking passes. The program will also be searchable from the search tool bar available on every page of the City’s website. • Permanent signage with content in English and Spanish will be affixed to City “Pay and Display” multi-space parking meters with program information, a link to the City’s website, and the Coastal Commission’s logo. Signs on these meters will be 5 ½” x 8 ½”.
• In areas with existing single-space meters, new signage for the program will include the same content as the Pay and Display area signs but will be provided on larger signs posted per City block.
• Program information will be provided to Del Mar Community Connections, San Diego County Sheriff’s Department North Coastal Station, St. Peter’s Episcopal Church, County of San Diego Health and Human Services Agency, North County Resource Center and agencies that serve low-income and unhoused persons.

The City is required to submit details on the number of parking pass program applications, approvals/passes issued, number of parking violations waived, and any other pertinent data that arises during the program in its annual reports. 4 December 18, 2023 Item 15
City Council Agenda Report
Paid Parking Coastal Development Permit Update
December 18, 2023

Page 5 of 5 ends

Once issued, a parking pass is limited to use by the passholder for non-commercial or work-related use in designated parking locations in compliance with City, County, and State regulations. Consistent with citywide enforcement procedures, each violation that is issued is appealable. Information related to the process to protest a violation is listed on the back of the violation, provided in a follow-up letter sent to the vehicle’s registered owner ten days after the violation is issued, and posted on the websites for the City and the citation processing agency, Phoenix Group. The City complies with State requirements to offer payment programs to individuals with qualifying incomes.

FISCAL IMPACT
There is no fiscal action to be taken by the City Council related to this agenda item. The City’s paid parking facilities provide an important revenue source for the City. Below is a breakdown of the paid parking revenues collected over the last five fiscal years (FY):
• FY 22-23 - $1,268,930
• FY 21-22 - $1,513,143
• FY 20-21 - $1,600,304
• FY 19-20 - $1,072,694
• FY 18-19 - $1,127,508

ENVIRONMENTAL IMPACT
The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to the common-sense exemption (CEQA Guidelines Section 15061(b)(3)) because CEQA only applies to projects that have the potential for causing a significant effect on the environment. This status update is administrative in nature and would have no significant effect on the environment.

ATTACHMENTS
Attachment A – Coastal Development Permit Special Conditions Attachment B – List of Approved Public Access Projects/Services Attachment C – Terms of Low-Income Beach Parking Pass Program Attachment D – Signage for Low-Income Beach Parking Pass Program 5 December 18, 2023 Item 15

STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION

SAN DIEGO COAST DISTRICT OFFICE
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CALIFORNIA 92108-4402
PH (619) 767-2370 FAX (619) 767-2384
WWW.COASTAL.CA.GOV
February 17, 2023
Permit Application Number: 6-22-0078

NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)

THE SOLE PURPOSE OF THIS NOTICE IS TO INFORM THE APPLICANT OF THE

STEPS NECESSARY TO OBTAIN A VALID AND EFFECTIVE COASTAL DEVELOPMENT PERMIT (“CDP”). A Coastal Development Permit for the development described below has been approved but is not yet effective. Development on the site cannot commence until the CDP is effective. In order for the CDP to be effective, Commission staff must issue the CDP to the applicant, and the applicant must sign and return the CDP. Commission staff cannot issue the CDP until the applicant has fulfilled each of the “prior to issuance” Special Conditions. A list of all the Special Conditions for this permit is attached.

The Commission’s approval of the CDP is valid for two years from the date of approval.

To prevent expiration of the CDP, you must fulfill the “prior to issuance” Special Conditions, obtain and sign the CDP, and commence development within two years of the approval date specified below. You may apply for an extension of the permit pursuant to the Commission’s regulations at Cal. Code Regs. title 14, section 13169.

On February 09, 2023, the California Coastal Commission approved Coastal Development Permit No. 6-22-0078 requested by City Of Del Mar subject to the attached conditions, for development consisting of: Modification to existing paid parking program for 422 parking spaces. Hourly rates at all locations will be $4 maximum, with $25 maximum day use fee, year-round, plus an additional $0.30 charge per credit card transaction.

Limit parking to 4 hours at the Trailhead Lot during special events. A CPI adjustment of up to 3% annually will be applied. Eliminate requirement for collection of monthly parking counts and preparation of annual monitoring reports. Removal of existing paid parking for 114 spaces along the southern side of Via de la Valle more specifically described in the application filed in the Commission offices. Commission staff will not issue the CDP until the “prior to issuance” special conditions have been satisfied.

The development is within the coastal zone at Seven public city streets: Via de la Valle (south side, Jimmy Durante to Camino del Mar); Border Ave. (south side); Camino del Mar (“North, east and west sides, Via de la Valle to San Dieguito River); 29th St. (north side); 17th Street (north side of parking lot behind lifeguard tower); Coast Blvd. (east and west sides, 17th Street to 15th Street); Camino del 6 December 18, 2023 Item 15

Page 2 ends

February 17, 2023
Permit Application No.: 6-22-0078

NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Mar (“South”, west side, approximately 1,000 ft. stretch north of intersection with Carmel Valley Rd.), and one existing “Trailhead” parking lot (northeast of San Dieguito Dr. and Jimmy Durante Blvd.), Del Mar, San Diego County.

If you have any questions regarding how to fulfill the "prior to issuance" Special Conditions for CDP No. 6-22-0078, please contact the Coastal Program Analyst identified below.

Sincerely,
John Ainsworth
Executive Director
Stephanie Leach
Coastal Program Analyst
cc: Commissioners/File

ACKNOWLEDGMENT
The undersigned permittee acknowledges receipt of this Notice and fully understands its contents, including all conditions imposed.
__________________________________________
Date Permittee
Please sign and return one copy of this form to the Commission office at the above address.

STANDARD CONDITIONS

1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office.
03/14/2023
7 December 18, 2023 Item 15

Page 3 ends

February 17, 2023
Permit Application No.: 6-22-0078

NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)

2. Expiration. If development has not commenced, then permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date.

3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission.

4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission and affidavit accepting all terms and conditions of the permit.

5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions.

SPECIAL CONDITIONS:

1. Operating Parameters. The paid parking program shall operate under the following parameters:
a) The hourly parking fee shall be no higher than $4.00; b) There shall be no maximum parking duration. The City may establish a 4-hour time limit at the Trailhead Lot only, and only during special events at the Fairgrounds, such as the County fair, horse races, and other large events that typically fill the parking supply at the main Fairground’s parking lot, as well as special events held by the City.
c) The maximum day use fee shall be no more than $20.00 and where implemented, the same rate shall apply regardless of holidays, weekends, or special events.
d) The fees shall be in effect only between the hours of 8:00 AM and 10:00 PM; e) The City shall implement variable fees using the following measures during the permit term to adapt to changing conditions:
i. Reduce or eliminate fees during off-season or other low demand periods;
ii. Limit the number of holidays that allow a maximum rate; f) All revenue generated by the fees shall be collected in a separate account and expended only upon public access services and maintenance of those services, or on public access projects from a project list pre-approved by the Executive Director, as shown in Exhibit No. 2 attached to this staff report. Up 8 December 18, 2023 Item 15

Page 4 ends

February 17, 2023
Permit Application No.: 6-22-0078

NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
to 60% of the revenue in any fiscal year may be expended upon public access services and maintenance, with the remainder to be spent solely on the pre-approved public access projects. Additional public access projects may be proposed as candidates for the parking fee revenue, subject to review and written approval of the Executive Director.
g) An additional fee of no more than $0.30 for credit card meter transactions may be added to payments made via credit cards.
h) The City may include an inflationary adjustment on an annual basis not to exceed 3% for all paid parking.
i) All parking meters and parking fee signage associated with the 114 parking spaces to be removed from the paid parking program along Via de la Valle shall be removed or covered.

The applicant shall undertake the parking program in accordance with the approved operating parameters. Any proposed changes to the approved operating parameters shall be reported to the Executive Director. No changes to the approved operating parameters, including an increase in fees, shall occur without a Coastal Commission-approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required.

2. Permit Term. The permit approved herein shall be valid for five years from the date of Commission action. After the authorization for the development expires, the continuation or retention of any development approved as part of this permit will require the issuance of a new coastal development permit or an amendment to this coastal development permit. If the Executive Director determines that continuation or retention of the development involves no potential for any adverse effect, either individually or cumulatively, on coastal resources and that the continuing or retained development will be consistent with public access and other policies of Chapter 3, the Executive Director may process the request as a waiver or an immaterial amendment.

3. Parking Monitoring and Reporting Plan.
a. PRIOR TO THE ISSUANCE OF THIS COASTAL DEVELOPMENT
PERMIT, the applicant shall submit for review and written approval of the Executive Director, a Parking Monitoring and Reporting Plan. The monitoring plan shall include, but not be limited to, the following:
i. A discussion of the goals and objectives of the plan, which shall include an understanding of if and when parking fees are affecting the public’s use of available paid and free parking;
9 December 18, 2023 Item 15

Page 5 ends

February 17, 2023
Permit Application No.: 6-22-0078

NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
ii. Monitoring shall be conducted and data collected throughout the fiveyear permit term; iii. Monitoring and data collection shall occur along the following areas, as shown in Exhibit Nos. 1 and 3 attached to this staff report and described below:

A. Proposed paid parking areas:

1. Via de la Valle (south side, from between Camino del Mar and the area approximately halfway between South
Cedros Avenue and Solana Circle);

2. Border Avenue (south side);

3. Camino del Mar (“North”, east and west sides, Via de la Valle to San Dieguito River Bridge);

4. 29th Street (north side);

5. 17th Street (north side of parking lot behind lifeguard tower);

6. Coast Boulevard (east and west sides, 17th Street to 15th Street); and

7. Camino del Mar (“South”, west side; approximately 1,000 ft. stretch north of intersection with Carmel Valley Rd.).

8. Trailhead Lot (northwest of the intersection of Jimmy Durante Boulevard and San Dieguito Drive)
B. Free public parking on the following streets:

1. Camino del Mar (between the San Dieguito River mouth and 25th Street),

2. 28th Street,

3. 27th Street,

4. 26th Street,

5. 25th Street,

6. 19th Street,

7. 18th Street,

8. Santa Fe Avenue (between 19th Street and 18th Street),

9. 15th Street (between Coast Boulevard and Camino del
Mar),

10.Coast Boulevard (between 19th Street and 17th Street),

11.Stratford Court (between 15th Street and 13th Street), and

12.Ocean Avenue (between 15th Street and 13th Street)
iv. Monitoring and data collection shall occur as follows:

A. For the paid parking areas listed in subsection 3(a)(iii)(A): one Friday, Saturday, and Sunday of the months of March, June, August, and December.
10 December 18, 2023 Item 15

Page 6 ends

February 17, 2023
Permit Application No.: 6-22-0078

NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
B. For the Trailhead Lot: Monitoring shall be consistent with section (a) above and, to the extent feasible, shall take place on an equal amount of days with and without events taking place at the Del Mar Fairgrounds.

C. For the free public parking located on the streets listed in subsection 3(a)(iii)(B) above: one Friday, Saturday, and Sunday of the months of March, June, August, and December.

This monitoring of free parking shall occur on the same days that monitoring of the paid parking areas occurs.
v. Monitoring shall consist of:

A. For both the paid and free parking areas listed in subsection 3(a)(iii): Counts shall be taken at 10:00 AM, 1:00 PM, and 4:00 PM.

B. Recordation of the parking rate in effect, type of fee paid (hourly or daily), temperature, weather (including wind speed and precipitation), a narrative regarding beach count, and surf conditions during each count.

C. Documentation of percentage occupancy and turnover rates in the paid parking areas and in the free public parking on the streets listed in subsections 3(a)(iii)(A) and 3(a)(iii)(B) above.

D. Documentation of type and duration of all events taking place at the Del Mar Fairgrounds on days of monitoring.

E. Hourly parking fee at the time of monitoring; and
F. Quantity and type of any parking violations issued.
b. By January 31 of each year, the applicant shall submit, for the review and written approval of the Executive Director, a written monitoring report for the previous calendar year that is in compliance with the following:
i. Each report shall include all measurements and data collected in conformance with the approved Monitoring Plan.
ii. All reports shall include both narrative and illustrative (e.g., tables, graphs) comparisons of the paid and free parking usage, explanations of any noteworthy events that may have impacted parking, and details related to yearly trends with supportive documentation. Annual reports shall include occupancy and turnover data presented graphically for each of the proposed parking areas and shall compare usage within the paid parking areas and the free public parking areas.
11 December 18, 2023 Item 15

Page 7 ends

February 17, 2023
Permit Application No.: 6-22-0078

NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
iii. Annual reports shall also include a financial statement of the total amount of fees collected, costs associated with maintaining beach access, an accounting of where the money was spent, and an accounting of maintenance and operations improvements that were achieved through the fee program.
iv. Annual reports shall include an assessment of the overall effect of the pay parking program and its related expenditures on beach access, parking, and overall beach management and public recreation.

The applicant shall undertake monitoring in accordance with the approved program. Any proposed changes to the approved program shall be reported to the Executive Director. No changes to the program shall occur; including any reduction in intensity of monitoring efforts, without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required.

4. Low-income Beach Parking Pass Program. PRIOR TO ISSUANCE OF THE CDP, the Permittee shall submit for Executive Director review and approval, a plan to provide free annual parking passes to qualified low-income individuals.

The plan shall include, at a minimum, a description of low-income pass eligibility requirements, instructions on how the pass can be obtained, and an outreach and monitoring plan. The City may propose additional parameters to ensure proper usage. The Plan shall be consistent with all of the following criteria:
i. Eligibility. All persons statewide enrolled in the following assistance programs shall be eligible for the pass:
• CARE / FERA
• Medicaid/Medi-Cal
• Women, Infants and Children Program (WIC)
• Healthy Families A & B
• National School Lunch’s Free Lunch Program (NSL)
• Food Stamps/SNAP
• CalFresh
• Low Income Home Energy Assistance Program (LIHEAP)
• Head Start Income Eligible (Tribal Only)
• Supplemental Security Income (SSI)
• Bureau of Indian Affairs General Assistance
• Temporary Assistance for Needy Families (TANF) or Tribal TANF • San Diego County's Rental Assistance Programs
12 December 18, 2023 Item 15

Page 8 ends

February 17, 2023
Permit Application No.: 6-22-0078

NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
• Applicants or occupants of affordable housing
Applicants shall submit proof of eligibility at time of application. ii. Golden Bear Pass. In addition to passes distributed through the City of Del Mar, the plan shall identify methods for acceptance of the State of California Golden Bear Pass within the paid parking areas. iii. Outreach. Information on how to obtain the pass shall be made easily available to the public both online at the City of Del Mar website and in the form of permanent signage at the Del Mar parking locations. At least one permanent sign shall be posted at each pay machine identifying the pass program and information on obtaining the passes, where each sign shall be in both English and Spanish. The Plan shall provide sign details, including all text and graphics, and each sign shall include the California Coastal Commission logo, and recognition of the Coastal Commission’s role in providing more inclusive public access at this location. The City shall share information on how to obtain the pass with any social service providers and local non-profits working with low-income visitors and Del Mar residents.
iv. Monitoring. The Plan shall provide that pass outreach and use data be collected and provided as a part of the Annual Project Reports (see also Special Condition 3).
v. Parking Violation Appeals. Individuals who receive a parking violation or ticket and are eligible for the parking pass program shall have an opportunity to appeal the ticket. If the person receiving the ticket provides documentation of eligibility for the parking pass program, City authorities shall consider waiving the parking fee and any fees associated with the ticket. The right to appeal based on eligibility shall be expressed in signage and outreach materials, as well as the web portal through which the citation may be paid.

All requirements of the approved Beach Parking Pass Plan shall be enforceable components of this CDP. The Permittee shall undertake development in accordance with this condition and the approved Del Mar Beach Parking Pass Plan. Minor adjustments to these requirements may be allowed by the Executive Director if such adjustments: (1) are deemed reasonable and necessary; and (2) do not adversely impact coastal resources.
13 December 18, 2023 Item 15
14 December 18, 2023 Item 15

1. Eligible Use: State of California residents enrolled in the following assistance programs shall be eligible for this pass:
• CARE/FERA
• Medicaid/Medi-Cal
• Women, Infants and Children Program (WIC)
• Healthy Families A & B
• National School Lunch’s Free Lunch Program (NSL)
• Food Stamps/SNAP
• CalFresh
• Low Income Home Energy Assistance Program (LIHEAP)
• Head Start Income Eligible (Tribal Only)
• Supplemental Security Income (SSI)
• Bureau of Indian Affairs General Assistance
• Temporary Assistance for Needy Families (TANF) or Tribal TANF • San Diego County's Rental Assistance Programs
• State of California Golden Bear Pass

2. Passholder Use Only: Pass shall only be used by the passholder, and the vehicle assigned to the pass. Name on the pass must match identification (ID) shown when in use and holder must be able to present ID if requested by a City of Del Mar representative.

3. Non-commercial or work-related use: Pass shall not be used for commercial purposes or in association with storing of vehicle in allowed parking locations while pass holder is engaging in work. Pass is intended to provide parking opportunities for eligible participants while accessing and recreating on public beach and adjacent coastal parks in the City of Del Mar.

4. Parking Locations: The pass may be used to park free of charge at City of Del Mar parking meters and Pay & Display Zones except on Maiden Lane and the Seagrove Parking Lot.

5. Proper Display of Permit: The permit must be clearly displayed hanging from the rear-view mirror or upright on the dash so that it can be easily visible to any City of Del Mar
Low-income Beach Parking Pass
Terms and Conditions
15 December 18, 2023 Item 15
reasonably observant enforcement officer. The permit placard must be removed before you drive.

6. Term of Use: The permit terminates on the expiration date identified on the permit placard. Parking permits are issued for the calendar year and are valid from January 1 to December 31 and must be renewed each year to be valid. The City will not prompt pass holder of expiration and pass holder is solely responsible for re-applying for pass annually and providing all documentation necessary prior to City issuance of a new pass.

7. Illegal Parking: Vehicles displaying the City parking permit must always be parked legally in compliance with City, County, and State regulations. This includes, but is not limited to, parking within designated spaces, away from fire lanes or areas reserved for people with disabilities, and obeyance of all signs and markings.

8. Vehicle Registration: Vehicles using City parking permit shall display current registration as required by the California Vehicle Code.

9. Pass Invalidation: The following conditions shall invalidate the pass and may result in citation:
• Any alteration of the pass including counterfeiting, reproduction, or modification of the pass.
• Possession of use of the pass by any person other than the passholder, by either sale or gift of use.
• Any attempt to pass, as true and genuine, a false, forged, or counterfeit version of the pass.
• Removal or disqualification from any of the qualifying State of California or County of San Diego programs that enable eligibility to obtain pass.

Passholder shall immediately inform the City of loss of eligibility and must cease use of pass.
16 December 18, 2023 Item 15
Beach
Parking Pass
Information
In collaboration with the California Coastal Commission, the City of Del Mar offers low-income beach parking
passes for qualified applicants. Details can be found at:
https://www.delmar.ca.us/842/Parking-Permits
En colaboracion con la Comision Costera de California, la Ciudad de Del Mar ofrece pases de estacionamiento en la playa para personas de bajos ingresos para solicitantes calificados. Los detalles se pueden encontrar en:
https://www.delmar.ca.us/842/Parking-Permits
17 December 18, 2023 Item 15
Beach
Parking Pass
Information
In collaboration with the California Coastal Commission, the City of Del Mar offers low-income beach parking passes for qualified applicants. Details can be found at:
https://www.delmar.ca.us/842/Parking-Permits
En colaboracion con la Comision Costera de California, la Ciudad de Del Mar ofrece pases de estacionamiento en la playa para personas de bajos ingresos para solicitantes calificados. Los detalles se pueden encontrar en:
https://www.delmar.ca.us/842/Parking-Permits
18 December 18, 2023 Item 15
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Mayor Tracy Martinez and Terry Gaasterland, City Council Housing Subcommittee Liaisons
DATE: December 18, 2023
SUBJECT: Amendment to Del Mar Guiding Principles Regarding the LOSSAN Rail Realignment Project Specific to the Del Mar Fairgrounds REQUESTED ACTION/RECOMMENDATION:

Mayor Tracy Martinez and Councilmember Terry Gaasterland request that the City Council amend the Del Mar Guiding Principles Regarding the LOSSAN Rail Realignment Project to include a guiding principle specific to the Del Mar Fairgrounds.

DISCUSSION/ANALYSIS:

In 2020, SANDAG staff began the San Diego Regional Rail Alignment Study (Rail Realignment Study), which identified potential rail realignments that would remove the tracks from the environmentally sensitive Del Mar bluffs and relocate them to an inland location. SANDAG’s stated purpose of the Rail Realignment Study is to modernize the rail corridor to support future infrastructure investments, reduce travel times, increase capacity, and enhance safety to ensure the long-term viability and resiliency of the corridor. The study was finalized in August 2023, and is now available on SANDAG’s website at: lossan-sdsvdt-alternatives-analysis-2023-09-01.pdf (sandag.org).

Future phases of the overall Los Angeles – San Diego – San Luis Obispo Rail Corridor (LOSSAN) Rail Realignment Project (Project) will include environmental review, full design, and construction. The envisioned timeline would achieve project completion by 2035, with the tracks no longer operating on the Del Mar bluffs.

Due to high community interest and increasing public concerns regarding the Project, the City Council adopted nine (9) guiding principles on November 13, 2023, to help clarify the City’s position with regard to the Project as well as provide guidance for any future decision(s) or position(s) to be taken by the City related to the Project. A copy of the adopted Guiding Principles Regarding the LOSSAN Rail Realignment Project are included with this report as Attachment A.

As part of the November 13, 2023, City Council discussion regarding the Guiding Principles, the 22nd District Agricultural Association’s Chief Executive Officer submitted 1 December 18, 2023 Item 16
City Council Agenda Report
Amendment to Guiding Principles for LOSSAN Rail Realignment December 18, 2023

Page 2 of 2 ends

a letter to the Council expressing concern about the potential impacts of a Fairgrounds rail alignment. As such, the City Council directed Mayor Martinez and Councilmember Gaasterland, as the Council Housing Subcommittee Liaisons, to work with the City Manager and Fairgrounds representatives to craft a 10th guiding principles specific to the concerns raised by the Fairgrounds.

The Housing Subcommittee and City Manager met with representatives from the Del Mar Fairgrounds on December 1, 2023, and drafted the following proposed tenth guiding principle for the City Council’s consideration:

With regard to study of a potential Fairgrounds rail alignment, SANDAG must respect and protect the operational, economic, environmental and planning needs of the 22nd DAA and of the proposed Del Mar housing program on the Fairgrounds, and as a key stakeholder, the 22nd DAA must be proactively engaged by SANDAG throughout the process.

If approved, the proposed guiding principle will be added to the Guiding Principles document and circulated to SANDAG, the Fairgrounds, and other Project stakeholders.

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 Action (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Relocation of the rails from the Del Mar bluffs is a stated priority for the Del Mar City Council.

ATTACHMENTS:

Attachment A – Adopted City of Del Mar Guiding Principles Related to the LOSSAN Rail Realignment Project (11/13/2023)
2 December 18, 2023 Item 16
Council Adopted 11/13/2023

CITY OF DEL MAR

GUIDING PRINCIPLES RELATED TO THE LOSSAN RAIL

REALIGNMENT PROJECT
The City Council of the City of Del Mar endorses the following guiding principles regarding the San Diego Association of Governments (SANDAG) LOSSAN Rail Realignment Project.

City Council adoption of these guiding principles establishes the City of Del Mar’s official position regarding this important project. Comments by individual Councilmembers that conflict with these adopted guiding principles are not representative of the City’s position. 1) Removing the rail line from the environmentally sensitive and fragile Del Mar Bluffs to an inland location by 2035 is a top priority for the City and the region. 2) The San Diego Association of Governments (SANDAG) must thoroughly explore all portal locations that eliminate impacts to, and the need for acquisition of, private property. 3) It is critically important that SANDAG engage the public through every means possible to ensure a robust public participation process in which the public can participate fully, receive answers to questions, and provide feedback for consideration prior to decisions being made. 4) The coming SANDAG studies must include a reasonable range of feasible alternative rail alignments, including the I-5 and proposed Fairgrounds alignments, and must also include a “no project” alternative as required by federal and state environmental laws. 5) An independent, forward-looking cost benefit analysis must be performed comparing the cost and benefits of the proposed final project to the alternatives, and should consider costs due to risks of bluff failure.
6) Del Mar expects to be intimately involved in the SANDAG study process with an opportunity to comment at each stage along the way.
7) Recognizing that elimination of the rail line is not within the power of the City of Del Mar, SANDAG, or the North County Transit District, Del Mar encourages those who want to advocate for closure of the rail line to address their comments to the federal and state governments who hold this authority and their respective representatives. 8) The City Council pledges to be open and transparent with the public regarding this important project and expects SANDAG to do the same.
9) In addition to the Coastal Commission requirements related to the Del Mar Bluffs 5 Project mitigation, the LOSSAN Rail Realignment Project should include removal of seawalls and the creation of a trail wherever the tracks are removed in Del Mar.

Attachment A 3 December 18, 2023 Item 16
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Sarah Krietor, Administrative Services Manager/City Clerk Via Ashley Jones, City Manager
DATE: December 18, 2023
SUBJECT: Selection of the 2024 Mayor and Deputy Mayor
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council appoint from its members a Mayor and Deputy Mayor to serve for a one-year period starting January 1, 2024, through December 2024.

DISCUSSION/ANALYSIS:

Del Mar Municipal Code Chapter 2.20, Presiding Officer, dictates that the City Council shall appoint from among its members a Mayor and Deputy Mayor to serve annually.

Appointments for the role of Mayor and Deputy Mayor shall occur in December of each year and require three affirmative votes of the City Council.

On September 18, 2023, the City Council adopted City Council Policy 118, Roles & Responsibilities of the Council-Appointed Mayor and Deputy Mayor (Attachment A).

Council Policy 118 outlines the roles and responsibilities of the Council-appointed Mayor and Deputy Mayor which include serving as the City Council’s presiding officer; representing only the City’s official Council-approved position at any public forum; and other responsibilities as designated in the policy. It also sets the expectations that the Mayor be available to perform the duties outlined the policy and in the Del Mar Municipal Code as well as comply with the City Council and City Manager Guiding Principles when performing mayoral duties. Further, Council Policy 118 establishes that the City Council should consider the policy when making appointments to the Mayor and Deputy Mayor positions.

As outlined in City Council Policy 100 - Selection of the Mayor and Deputy Mayor (Attachment B), it has been the tradition of the City Council to place the top two vote getters in any election into a queue for Council consideration to rotate into the position of Mayor and Deputy Mayor; however, it is not required that the City Council do so. The results of the 2020 General Municipal Election were as follows (in order of highest votes received): Tracy Martinez; Dan Quirk; and Dave Druker. In the 2022 General Municipal Election, Terry Gaasterland was the highest vote getter followed by Dwight Worden. 1 December 18, 2023 Item 18
City Council Agenda Report
Selection of the 2024 Mayor and Deputy Mayor
December 18, 2023

Page 2 of 2 ends

Council Policy 100 further states that should any City Council member not be available to take their place in the traditional rotation, the next member in the rotation will be elevated to the Deputy Mayor or Mayor position, as applicable. Deputy Mayor Quirk has indicated that he does not wish to be considered for appointment to the position of Mayor for 2024.

Taking the above referenced information into consideration, staff recommends that the City Council appoint a Mayor and Deputy Mayor to serve in these roles for a one-year period beginning on January 1, 2024, and ending in December 2024.

ATTACHMENTS:

Attachment A - City Council Policy 118 – Roles & Responsibilities of the CouncilAppointed Mayor and Deputy Mayor Attachment B - City Council Policy 100 – Selection of the Mayor and Deputy Mayor 2 December 18, 2023 Item 18

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.

Attachment A
3 December 18, 2023 Item 18

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 4 December 18, 2023 Item 18

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. 5 December 18, 2023 Item 18

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
100 SELECTION OF MAYOR AND DEPUTY
MAYOR
DATE REVISED: 12/15/14
BY RESOLUTION: 2014-92
PAGES: 1 OF 1
POLICY:

Del Mar Municipal Code, Section 2.20.020 A and B, addresses when the City Council shall meet to install newly elected Council members and states that its members shall choose one of its members as Mayor and one of its members as Deputy Mayor by motion of the Council and three affirmative votes. It further states that the Mayor and the Deputy Mayor shall serve a term of one year, or until a successor for each position is chosen.

1. The Mayor and Deputy Mayor are members of the City Council and are annually elected by majority vote of the City Council at the first regular meeting in December or, in the case of an election year, upon certification of the election results. As a member of the City Council, the Mayor and Deputy Mayor shall have all the powers of a member.

2. In choosing the Mayor and Deputy Mayor, it is the tradition of the Council to place the top two vote getters in any one election into a queue to rotate into the position of Mayor and Deputy Mayor. In each City Council election, the person with the most votes shall be placed first in the rotation of that group, the second highest vote getter will be placed second, and in the years when there is a third seat contest, the third highest vote getter will be placed third in that rotation. However, the Council member who received the third most votes in an election year filling three seats will not be in the queue for either Deputy Mayor or Mayor but would be in rotation should the Council member traditionally rotating into the Deputy Mayor or Mayor position be unavailable to serve in that role.

3. In case of appointment to the City Council to fill a vacancy, that person will occupy the last position in the current rotation. Each new election will determine the rotation only for the group in that election. Should any City Council member not be available to take their regular place in the established rotation, the next person in the rotation will be elevated to the Deputy Mayor’s position and the rotation will continue as previously set.

4. In the event there are members of the City Council appointed in lieu of an election, the appointed City Council members will go into a Mayoral rotation based on tenure (seniority) on the City Council. The City Council member with the most tenure on the City Council will be placed first in the rotation of that group. If no seniority exists (e.g. members have the same tenure), then the appointed City Council members will be rotated based on a coin toss conducted at a publicly noticed meeting.

ATTACHMENT B
6 December 18, 2023 Item 18

Del Mar City CouncilDecember 18, 2023

Del Mar City Council
December 18, 2023