Agenda, regular meeting, second session — Del Mar City Council, May 6, 2024 (part 2 of 4)

• Little Orphan Alley – Irrigation control (water meter, solar panel, and irrigation equipment) installation
• 4
th Street – Drainage improvements
Access construction locations along the beach and south bluff via 18th Street (will maintain pedestrian access), Coast Boulevard (between 15th Street and 17th Street), 10 th Street, 9th
Street, 8
th Street, 7th Street, to supplement access that will occur via the Torrey Pines State Beach parking lot located south of the City of Del Mar’s jurisdictional boundary. Staging will occur within the NCTD railroad right-of-way (which varies in width). Coordination with Del Mar’s Community Services Department is a required condition of permit approval for EP22- 082.

Permanent Encroachments:
• Near 15th St – Drainage outlet to beach
• South of 15th St to 11th St – Construction of a seawall at the beach (bluff toe), fill and vegetation placement above the seawall, construction of drainage outlet on the beach, removal of existing chute and bowl
• North of 8th St to 7th St – Modification of drainage outlet on the beach and construction of seawall at the beach (bluff toe), fill and vegetation placement above the seawall
• South of 6th St – Drainage outlet to beach
• Storm drain replacement at end of 12th St
The remaining scope of approved bluff stabilization work is not included within the requested EP permit because it would occur within the NCTD railroad right-of-way.

However, it is still scheduled to occur in accordance with the Coastal Commission consistency certification action as summarized below:

Other Project Components within NCTD ROW:
• Installation of new solider piles, grade beams, and tiebacks; and retrofit of existing piles with grade beams and tiebacks
• Installation of drainage improvements including new concrete drainage channels, replacement of existing drainage channels, and associated supporting structures for drainage channels
Notice of the EP application was provided to all owners of property within 300-feet of the project site. As of the writing of this report, no objections have been received.

Pursuant to Del Mar Municipal Code (DMMC) Section 23.28.070, there are six required findings for approval, which generally relate to public safety, intended use of the right-of96 May 6, 2024 Item 03 City Council Agenda Report
EP22-082 (SANDAG Bluff Stabilization V)
November 14, 2022

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way, community character, aesthetics, and conversion of public land for private use. Staff has provided suggested findings for permit approval below.

Finding 1. The proposed encroachment will not endanger the public health, safety or welfare, or the surrounding property.

The proposed improvements will maintain existing public use of the surrounding right-ofway and will not obstruct accessibility or endanger public health, safety, or welfare. The bluff stabilization and drainage improvements are necessary to protect the public health, safety and welfare.

Finding 2. The proposed encroachment will not unreasonably interfere with the intended use of a City Right-of-Way or Easement.

The proposed access and improvements will not unreasonably interfere with the public use of the beach and park. The Applicant is required to coordinate with the Community Services Department during the entirety of the construction process to ensure public safety and public beach access and recreation impacts are minimized to the maximum extent practicable.

Finding 3. The proposed encroachment will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics.

The Coastal Commission issued a federal consistency certification for the proposed bluff stabilization improvements relating to shoreline protection, drainage improvements, and required mitigation in the SANDAG/NCTD railroad right-of-way, State public trust lands, and the City of Del Mar property and right-of-way to ensure stabilization of the 1.6-mile railroad corridor for increased reliability of existing passenger rail services in the LOSSAN corridor.

The City’s authority for the EP is tied to authorization of access for construction along the beach, south bluff, and adjacent to private property at APNs 299-240-01 and 299-240-23 (from 15th Street south to Carmel Valley Road). The proposed improvements are generally consistent with the character of the existing bluff stabilization and railroad easement improvements and generally maintain the size and locations of existing features of the site as implemented in prior bluff stabilization project phases.

Finding 4. The proposed encroachment will not cause an unnecessary change in the character of the community.

The Coastal Commission issued a federal consistency certification for the proposed bluff stabilization improvements relating to shoreline protection, drainage improvements, and required mitigation in the SANDAG/NCTD railroad right-of-way, State public trust lands, and the City of Del Mar property and right-of-way to ensure stabilization of the 1.6-mile railroad 97 May 6, 2024 Item 03
City Council Agenda Report
EP22-082 (SANDAG Bluff Stabilization V)
November 14, 2022

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corridor for increased reliability of existing passenger rail services in the LOSSAN corridor.

The proposed encroachments are generally within the same locations as the previous shoreline protection, drainage improvements, and bluff stabilization improvements implemented in prior bluff stabilization project phases. No change in use is proposed to occur.

Finding 5. The proposed encroachment will not be a detriment to the interests of the general public.

The proposed improvements will not permanently interfere with any present or future public use. Proposed improvements do not interfere with existing vehicular or pedestrian mobility of the surrounding right-of-way. The pedestrian path improvements, in particular, will enhance mobility along existing pathways in the City of Del Mar.

Finding 6. The proposed encroachment will not convert significant areas of public property to private use.

The proposed encroachments will not convert any existing public use areas to private use.

All proposed improvements will enhance existing public use of these areas.

FISCAL IMPACT:

As is common practice among government agencies, staff is recommending that the $1,941 in fees related to the processing of this EP application be waived. There is no cost to the City related to this Project. According to SANDAG, funding sources for the project include resources from the Federal Transit Administration (FTA), State Transportation Improvement Program, and Transportation Development Act.

ENVIRONMENTAL REVIEW:

A Categorical Exclusion determination was prepared for the project by SANDAG in accordance with the National Environmental Policy Act (NEPA) since the FTA is acting as the federal lead agency. The project is categorically excluded from NEPA pursuant to Title 23 CFR 771.118(c)(8) which covers “maintenance, rehabilitation, and reconstruction of facilities that occupy substantially the same geographic footprint and do not result in a change in functional use, such as: improvements to bridges, tunnels, storage yards, buildings, stations, and terminals; construction of platform extensions, passing track, and retaining walls; and improvements to tracks and railbeds.” ATTACHMENTS:

Attachment A – Resolution of Approval
Attachment B – Proposed Improvement Plans
98 May 6, 2024 Item 03
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, APPROVING ENCROACHMENT PERMIT EP22-082 AND

WAIVING THE PLANNING AND LAND USE APPLICATION FEE

FOR A LONG-TERM MAJOR ENCROACHMENT PERMIT FOR

IMPROVEMENTS RELATING TO THE BLUFFS STABILIZATION V
PROJECT (APNs: 299-240-01, 299-240-23) IN DEL MAR,

CALIFORNIA
WHEREAS, the City of Del Mar (“City”) is the owner of the public rights-of-way way along the beach and shoreline; and
WHEREAS, San Diego Association of Governments (“Applicant”) has filed an application for an Encroachment Permit (EP22-082) seeking approval for various improvements, more specifically described in the Agenda Report and attached Encroachment Permit plans, in the public right-of-way adjacent to APNs: 299-240-01 and 299-240-23 (“Project”); and
WHEREAS, Del Mar Municipal Code (DMMC) Chapter 23.28 requires an Encroachment Permit (EP) for any private improvements within the public right-of-way; specifically any improvements that extend at least 12 inches above the level of the sidewalk, roadway, or adjacent grade and requires City Council approval; and WHEREAS, Section 23.28.070 of the DMMC provides that an Encroachment Permit may be approved or conditionally approved only if the decision maker makes all of the findings set forth in Section 23.28.070(C); and
WHEREAS, in accordance with the National Environmental Policy Act (NEPA), the project is categorically excluded from NEPA pursuant to Title 23 CFR 771.118(c)(8) which covers “maintenance, rehabilitation, and reconstruction of facilities that occupy substantially the same geographic footprint and do not result in a change in functional use, such as:
improvements to bridges, tunnels, storage yards, buildings, stations, and terminals; construction of platform extensions, passing track, and retaining walls; and improvements to tracks and railbeds.”; and
WHEREAS, on November 14, 2022, the City Council of the City of Del Mar held a duly noticed public hearing to review the referenced entitlements, and at which time all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include without limitation:
a. Plans submitted by the applicant;
b. Written information submitted with the application;
c. Agenda Report, dated November 14, 2022, incorporated by reference as though fully set forth herein;
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e. Additional information submitted during the hearing.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that Encroachment Permit EP22-082 is hereby approved based on the following findings in DMMC Chapter 23.28.070 (C):

Finding 1. The proposed encroachment will not endanger the public health, safety or welfare, or the surrounding property.

Finding 2. The proposed encroachment will not unreasonably interfere with the intended use of a City Right-of-Way or Easement.

Finding 3. The proposed encroachment will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics.

The California Coastal Commission issued a federal consistency certification for the proposed bluff stabilization improvements relating to shoreline protection, drainage improvements, and required mitigation in the SANDAG/NCTD railroad right-of-way, State public trust lands, and the City of Del Mar property and right-of-way to ensure stabilization of the 1.6 mile railroad corridor for increased reliability of existing passenger rail services in the Los Angeles-San Diego (LOSSAN) corridor. The City’s authority for the Encroachment Permit is tied to authorization of access for construction along the beach, south bluff, and adjacent to private property at APNs 299-240-01 and 299-240-23 (from 15th Street south to Carmel Valley Road). The proposed improvements are generally consistent with the character of the existing bluff stabilization and railroad easement improvements and generally maintain the size and locations of existing features of the site as implemented in prior bluff stabilization project phases.

Finding 4. The proposed encroachment will not cause an unnecessary change in the character of the community.

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the Los Angeles-San Diego (LOSSAN) corridor. The proposed encroachments are generally within the same locations as the previous shoreline protection, drainage improvements, and bluff stabilization improvements implemented in prior bluff stabilization project phases. No change in use is proposed to occur.

Finding 5. The proposed encroachment will not be a detriment to the interests of the general public.

The California Coastal Commission issued a federal consistency certification for the proposed bluff stabilization improvements relating to shoreline protection, drainage improvements, and required mitigation in the SANDAG/NCTD railroad right-of-way, State public trust lands, and the City of Del Mar property and right-of-way to ensure stabilization of the 1.6-mile railroad corridor for increased reliability of existing passenger rail services in the Los Angeles-San Diego (LOSSAN) corridor. The City’s authority for the Encroachment Permit is tied to authorization of access for construction along the beach, south bluff, and adjacent to private property at APNs 299-240-01 and 299-240-23 (from 15th Street south to Carmel Valley Road). The proposed improvements will not permanently interfere with any present or future public use. Proposed improvements do not interfere with existing vehicular or pedestrian mobility of the surrounding right-of-way. The pedestrian path improvements, in particular, will enhance mobility along existing pathways in the City of Del Mar.

Finding 6. The proposed encroachment will not convert significant areas of public property to private use.

The proposed encroachments will not convert any existing public use areas to private use.

All proposed improvements will enhance existing public use of these areas.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council that, given the public benefits from the bluff stabilization project, including reducing City costs for construction of the City’s Powerhouse Park pathway lighting project, the City Council waives the planning and land use application fee associated with EP22-082.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council that approval of EP2219-08229 shall be subject to the following conditions:

General Conditions:

GC-1 [Business License]
Prior to commencement of any work on site, all contractors and subcontractors shall obtain a valid City of Del Mar Business License. A copy of the approved Encroachment Permit shall be kept on site at all times, along with copies of the required Business Licenses for all contractors and subcontractors.

GC-2 [Development authorization limited to plan set]
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This permit is granted based on submitted application materials dated October 11, 2022 and so identified by the staff of the Del Mar Planning Department. Revisions to these plans and/or any proposals for modification to the project shall require review and prior authorization from the appropriate entities of the City of Del Mar.

GC-3 [Compliance with City noise regulations - Allowed hours and dates of construction activity]
The applicant/owner and all parties involved with implementation of the project shall comply with the regulations of the DMMC with regard to construction noise. The regulations stipulate that all construction activities are limited to the following periods:
between 7:00 a.m. and 7:00 p.m. Monday through Friday and between 9:00 a.m. and 7:00 p.m. on Saturdays. Construction activities are prohibited during other hours and on Sundays and City Holidays. The City’s noise ordinance, Chapter 9.20 of the Del Mar Municipal Code, includes the dates of City Holidays, and can be viewed on the City’s web page (www.delmar.ca.us).

Additionally, no excavation or trenching shall occur within a City right-of-way on days when City of Del Mar City offices are closed. Those days include all Saturdays and Sundays and all days on which City Holidays are observed.

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

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

GC-6 [No Transfer in Property Interest]
The granting of an encroachment permit pursuant to this chapter shall not constitute the transfer or relinquishment of any ownership or interest held by the City over the public right-of-way, nor shall such permit confer any vested or proprietary rights upon the holder of the permit beyond the right to utilize the encroachment area in the manner authorized by the permit and subject to all of the conditions set forth herein.

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

General Planning Encroachment Conditions:
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GEP-1 [EP – Excavation Scheduling]
No excavation or trenching shall occur within a City right-of-way on days when City of Del Mar City offices are closed. Those days include all Saturdays and Sundays and all days on which City Holidays are observed.

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

GEP-7 [EP - Permit Expiration/Potential for Permit Extension] This permit and the authorization for use/work within a City right-of-way herein granted shall expire three years from the anticipated start date, on June 1, 2026.

The permittee may request a single Extension of Time of an approved Encroachment Permit by submitting a written request to the City Manager setting forth the reason that substantial work on the permit cannot be commenced by the scheduled expiration date.

The City Manager shall grant the extension unless he/she determines that there has been a change in circumstances since the time of the original grant of the permit which would create an inconsistency between the proposed encroachment and the provisions of DMMC Chapter 23.28. No extension shall be granted for a period greater than one (1) year.

GEP-8 [EP - Work to be performed by a Licensed Contractor] All work authorized by an Encroachment Permit shall be performed by a licensed contractor from one of the following classes: “A” General Engineering Contractor, “C34” Pipeline Contractor or a “C42” Sanitation System Contractor. A copy of such a license shall be provided to the City prior to the commencement of work, and shall be retained at the project site. This requirement may be waived by the Director when the work to be performed is limited to minor improvements or maintenance for residential property adjacent to the City right-of-way or easement and when the work will be performed by the resident or owner of the benefited residential property. This information shall be provided prior to the commencement of any work in a public right-of-way.

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

GEP-10 [EP - Timely Performance of Work]
If any part of the work performed under an Encroachment Permit is not completed within the period indicated in either the submitted application materials or the conditions of approval of the Encroachment Permit, the Director of Public Works may notify the person performing the work, in writing, to complete the work within forty-eight (48) hours thereafter, legal holidays excepted. If the work is not completed within this time period, the Director of Public Works shall have full power to perform the work, including such measures as will restore the disturbed area to a safe and passable condition until the work can be completed. The cost thereof, including any inspection and administrative overhead costs incurred by City, shall be assessed against the permittee.

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

GEP-14 [EP - No authorization for street closure]
The permit does not authorize closure of any road or street, unless specifically stated on the permit.

GEP-16 [EP - Notification of Neighbors Prior to Commencement of Traffic Lane Disruption]
Where the proposed work will involve a temporary traffic lane closure or detour, the applicant shall notify all neighbors along the street in the area in which work will take place a minimum of five (5) calendar days prior to the commencement of any work. The notification required herein shall be provided as follows:
a. Copies of written notice shall be distributed at the properties with frontage along the street where the traffic lane disruption will occur and at properties with frontage along the affected street that are within 200 (linear) feet of the area of traffic lane disruption. A copy of the notice to be provided shall be submitted for City approval prior to distribution, and
b. Temporary signs shall be placed along both sides of the street in the area where traffic lane disruption will occur and at the points 500 feet beyond the ends of the affected street area.
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The notice required herein shall be provided / installed (as applicable) to the satisfaction of the Director of Planning and Community Development.

Public Works Conditions:

PW – [Custom Condition]
SANDAG is required to submit a Construction Safety Plan to the Coastal Commission and City of Del Mar. The purpose of the plan is to coordinate the scheduled construction work with City operations and minimize/avoid beach recreation impacts to the public.

All permanent irrigation related equipment shall be located within the NCTD right-of-way.

PW-1 [Notification of Public Works Department prior to and after Completion of Work] The applicant agrees to notify the Director of Public Works in writing at least forty-eight (48) hours in advance of time when work authorized in this permit will be started.

Applicant shall state the EP number, original date of approval and a short description of the work. Submit via email to [email protected]. Additionally, upon completion of the work, the applicant agrees to immediately notify the Director of Public Works in writing of such completion. Any improvement or modification of the right-of-way shall be subject to inspection and approval of work from the Public Works Director’s representative.

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

The permittee is advised that the locations of utility lines may vary from those shown on project plans and that coordination with the appropriate utility companies is, therefore, imperative. Any damage or repair thereof to utility lines caused as a result of project implementation shall be the permitee’s responsibility. The applicant shall be responsible for removing or blocking out all pavement markings installed for the project immediately upon completion of the work authorized in the Encroachment Permit.

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to ensure that traffic control measures will be in place so as to protect pedestrian and motorists from any construction, equipment, or other related activities, (including parked vehicles) due to construction. If a detour for traffic is needed, a Traffic Control plan should be submitted for review and approval by the Public Works Director prior to the start of work.

PW-9 [Traffic Control]
The applicant shall be responsible for informing the public of the traffic conditions existing within the construction area at all times by placement of appropriate warning and advisory signs. The applicant shall also provide and maintain all traffic control and safety items.

Permittee assumes sole and complete responsibility for the job and site conditions during the course of construction, including safety of all persons and property. This requirement shall apply continuously twenty-four (24) hours per day and shall not be limited to normal work hours. All stationary items (e.g., dumpsters, heavy equipment, construction supplies) that will be in the public right-of-way for long periods of time, including night time, needs to have the proper reflective delineation.

Community Services Conditions:

CS-1 [Custom Condition]
Prior to the commencement of work, and during the entire construction process, the applicant shall coordinate with the Community Services Department to ensure public safety and minimize public beach access and recreation impacts throughout the duration of the project.

CS-2 [Lifeguard Tower and Sight Distance]
Construction work zone barriers and equipment shall maintain sight distance from lifeguard towers. This effort is to be coordinated with the Community Services Department Lifeguard division and may be modified as necessary.

CS-3 [Flag Person and Vehicle Operations on Public Beach] The Applicant shall provide a minimum of one (1) flag person to be present during all hours of operation and movement of heavy equipment and/or vehicles on the sandy beach. In addition, during construction, the Applicant shall be subject to all safety measures required by the Community Services Department and notify staff of days that require beach transit beyond the initial transit to and return from the work area. Additional driving conditions for beach driving include: speed not in excess of five (5) mph, avoid driving on the high tide wrack line, avoid disruption of wildlife, and yield safely to pedestrians at all times.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, State of California, at a Regular Meeting held on the 14th day of November 2022. ____________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2022-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 14th day of November 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____ _____
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
107 May 6, 2024 Item 03
STA
STA 1502+28 STA 1475+88 STA 1465+32 1465+00 1470+00 1475+00 1480+00 1485+00 1490+00 1505+00 1500+00 1495+00 1515+00 1510+00 1530+00 1525+00 1520+00 1535+00 1540+00 1545+00 1550+00 C-101 C-102 C-103 C-104 NOTES, LEGEND AND KEY MAP - DESIGNED BY DRAWN BY SANDAG PM CHECKED BY DEL MAR BLUFFS STABILIZATION PROJECT 5 401 B Street Suite 301 San Diego, CA 92101 DATE AS SHOWN 5007812 A. DEVAUX N. KANNAN M. COOPER P. MCCOLL 07/22 07/22 07/22 07/22 PLANS FOR DEL MAR BLUFFS STABILIZATION PROJECT 5 MILE POST 244.1 TO MILE POST 245.7 (STA. 1465+32 TO STA. 1549+80) ENCROACHMENT PERMIT 1 KEY Temporary Encroachment Permanent Encroachment NCTD R/W Pedestrian Beach Access and Temporary Construction Access 108 May 6, 2024 Item 03
COAST BLVD. 1545+00 1550+00 13TH ST 12TH ST LOIS LANE 1540+00 1535+00 17TH STREET 18TH STREET

COAST BLVD
MATCHLINE STA. 1541+00 MATCHLINE STA. 1531+00
MATCHLINE STA. 1541+00 ENCROACHMENT PERMIT CONSTRUCTION ACCESS AND STAGING 1 OF 4 - 17TH STREET ACCESS DETAIL DESIGNED BY DRAWN BY SANDAG PM CHECKED BY DEL MAR BLUFFS STABILIZATION PROJECT 5 401 B Street Suite 301 San Diego, CA 92101 DATE AS SHOWN 5007812 A. DEVAUX N. KANNAN M. COOPER P. MCCOLL 07/22 07/22 07/22 07/22 18TH STREET STAGING AREA AND ACCESS DETAIL 2 109 May 6, 2024 Item 03
STA 1528+68
1520+00 1525+00 1530+00
MATCHLINE STA. 1531+00
MATCHLINE STA. 1519+50
MATCHLINE STA. 1519+50
MATCHLINE STA. 1508+00 ENCROACHMENT PERMIT CONSTRUCTION ACCESS AND STAGING 2 OF 4 - DESIGNED BY DRAWN BY SANDAG PM CHECKED BY DEL MAR BLUFFS STABILIZATION PROJECT 5 401 B Street Suite 301 San Diego, CA 92101 DATE AS SHOWN 5007812 A. DEVAUX N. KANNAN M. COOPER P. MCCOLL 07/22 07/22 07/22 07/22 3 110 May 6, 2024 Item 03
4TH ST 1500+00 1505+00
MATCHLINE STA. 1497+00
MATCHLINE STA. 1485+00
MATCHLINE STA. 1508+00
MATCHLINE STA. 1497+00 ENCROACHMENT PERMIT CONSTRUCTION ACCESS AND STAGING 3 OF 4 - DESIGNED BY DRAWN BY SANDAG PM CHECKED BY DEL MAR BLUFFS STABILIZATION PROJECT 5 401 B Street Suite 301 San Diego, CA 92101 DATE AS SHOWN 5007812 A. DEVAUX N. KANNAN M. COOPER P. MCCOLL 07/22 07/22 07/22 07/22 4 111 May 6, 2024 Item 03
CAMINO DEL MAR 1480+00 1475+00 1485+00
1470+00 S. CAMINO DEL MAR MATCHLINE STA. 1485+00
MATCHLINE STA. 1474+00
MATCHLINE STA. 1474+00 ENCROACHMENT PERMIT CONSTRUCTION ACCESS AND STAGING 4 OF 4 - DESIGNED BY DRAWN BY SANDAG PM CHECKED BY DEL MAR BLUFFS STABILIZATION PROJECT 5 401 B Street Suite 301 San Diego, CA 92101 DATE AS SHOWN 5007812 A. DEVAUX N. KANNAN M. COOPER P. MCCOLL 07/22 07/22 07/22 07/22 5 112 May 6, 2024 Item 03
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CITY OF DEL MAR NOTES SHEET 1 OF 2 U-001 DESIGNED BY DRAWN BY SANDAG PM CHECKED BY DEL MAR BLUFFS STABILIZATION PROJECT 5 401 B Street Suite 301 San Diego, CA 92101 DATE G. SHAW AS SHOWN M. COOPER P. MCCOLL 5007812 A. DEVAUX E EXP. T TA D RETSIG RNO. N FO AL OF C R L OFESSION R CIVIL IA RE NI GNE P S E E I A E 10/22 10/22 10/22 10/22 Underground Service Alert of Southern California TOLL FREE 1-800-422-4133 TWO WORKING DAYS BEFORE YOU DIG NOTICE TO CONTRACTOR PURSUANT TO ASSEMBLY BILL 3019 NO EXCAVATION PERMIT IS VALID UNLESS THE CONTRACTOR CONTACTS AND OBTAINS AN INQUIRY I.D. NUMBER FROM "UNDER- GROUND SERVICE ALERT" (1-800-422-4133) AT LEAST TWO WORKING DAYS PRIOR TO COMMENCING EXCAVATION. CALL: R City of Del Mar 1050 Camino del Mar, Del Mar, CA 92014 T 858.755-9313 F 858.755-2794 www.delmar.ca.us 126 May 6, 2024 Item 03
CITY OF DEL MAR NOTES SHEET 2 OF 2 U-002 DESIGNED BY DRAWN BY SANDAG PM CHECKED BY DEL MAR BLUFFS STABILIZATION PROJECT 5 401 B Street Suite 301 San Diego, CA 92101 DATE G. SHAW AS SHOWN M. COOPER P. MCCOLL 5007812 A. DEVAUX E EXP. T TA D RETSIG RNO. N FO AL OF C R L OFESSION R CIVIL IA RE NI GNE P S E E I A E 10/22 10/22 10/22 10/22 Underground Service Alert of Southern California TOLL FREE 1-800-422-4133 TWO WORKING DAYS BEFORE YOU DIG NOTICE TO CONTRACTOR PURSUANT TO ASSEMBLY BILL 3019 NO EXCAVATION PERMIT IS VALID UNLESS THE CONTRACTOR CONTACTS AND OBTAINS AN INQUIRY I.D. NUMBER FROM "UNDER- GROUND SERVICE ALERT" (1-800-422-4133) AT LEAST TWO WORKING DAYS PRIOR TO COMMENCING EXCAVATION. CALL: R City of Del Mar 1050 Camino del Mar, Del Mar, CA 92014 T 858.755-9313 F 858.755-2794 www.delmar.ca.us 127 May 6, 2024 Item 03
13TH ST

LITTLE ORPHAN
ALLEY DESIGNED BY DRAWN BY SANDAG PM CHECKED BY DEL MAR BLUFFS STABILIZATION PROJECT 5 401 B Street Suite 301 San Diego, CA 92101 DATE G. SHAW AS SHOWN M. COOPER P. MCCOLL 5007812 A. DEVAUX E EXP. T TA D RETSIG RNO. N FO AL OF C R L OFESSION R CIVIL IA RE NI GNE P S E E I A E 10/22 10/22 10/22 10/22 U-101 IRRIGATION AT 13TH ST AND LITTLE ORPHAN ALLEY 128 May 6, 2024 Item 03
Del Mar Bluffs Stabilization Project
Phase 5
Encroachment Permit
Del Mar City Council
129 May 6, 2024
November 14, 2022
Item 03
Agenda
| 2
Project Overview
Temporary Encroachments
Permanent Encroachments
Other Project Components
Public Outreach
130 May 6, 2024 Item 03
Project Overview
3 131 May 6, 2024 Item 03
The LOSSAN
San Diego
Segment
A Critical Corridor
| 4
132 May 6, 2024 Item 03
Project Location (Del Mar, CA)
Torrey Pines Overhead Bridge MP
245.7
Coast Boulevard
MP 244.1
| 5
133 May 6, 2024 Item 03
Bluff Retreat
| 6
134 May 6, 2024 Item 03
2,098 FT
1,118 FT
Del Mar Bluffs 5
Proposed and Existing Seawalls
| 7
135 May 6, 2024 Item 03
| 8
Del Mar Bluffs 5
Drainage Improvements
136 May 6, 2024 Item 03
Stabilizing Rail Track
Soldier Piles (with tiebacks, where required)
| 9
137 May 6, 2024 Item 03
Temporary Encroachments
10 138 May 6, 2024 Item 03
• 18th Street Staging and Access
• Beach Access and Work Areas
• Work at Street Ends
Del Mar Bluffs 5
Temporary Encroachments
| 11
139 May 6, 2024 Item 03
Staging and access for:
• Construction of seawall
extensions
• Construction of drainage
outlet on beach near 15th St
• Fill Placement and
revegetation above seawalls
• Removal of existing drainage
chute near 12th St
• Modification of drainage outlet
on beach near 8th St
• Construction of drainage
outlet on beach south of 6th St
Del Mar Bluffs 5
Temporary Encroachments – 18th Street Staging Area
| 12
140 May 6, 2024 Item 03
Del Mar Bluffs 5
Temporary Encroachments – Example Beach Access Plan
| 13
141 May 6, 2024 Item 03
Del Mar Bluffs 5
Temporary Encroachments – Street Ends
Temporary Construction Access Points:
• Coast Boulevard
• 11th Street
• 10th Street
• 4th Street
• Torrey Pines State Beach Access Road
Temporary Encroachments During Construction Work:
• 13th Street – Water line extension and irrigation control installation
• 12th Street – Construction of storm drain
• Sea Orbit Lane – Drainage improvements
• Little Orphan Alley – Irrigation control installation • 4
th Street – Drainage improvements
| 14
142 May 6, 2024 Item 03
Permanent Encroachments
15 143 May 6, 2024 Item 03
Drainage Improvements:
• Outlets to Beach:
– New outlet near 15th Street
– Removal of chute and new outlet near
12th Street
– New outlet South of 6th Street
• Modification of existing outlet near
8th Street
• Drainage Improvements at Street Ends:
– Storm Drain Pipe at 12th Street
– Channel Improvements at Sea Orbit Lane
– Channel Improvements at 4th Street
Del Mar Bluffs 5
Permanent Encroachments
Removeable Seawalls,
Grading and Revegetation:
• 15th Street to 11th Street
• 7th Street to 8th Street
| 16
144 May 6, 2024 Item 03
Del Mar Bluffs 5
Permanent Encroachments – Removeable Seawalls, Grading, Vegetation | 17
145 May 6, 2024 Item 03
Del Mar Bluffs 5
Permanent Encroachments – Drainage Outlets
12th Street Concrete Chute
(to be removed)
Sea Orbit Lane Double Outlet
| 18
14th Street Outlet
146 May 6, 2024 Item 03
Other Project Components
19 147 May 6, 2024 Item 03
Work Within NCTD Right
-of-Way:
• Installation of Trackbed Support – Solider Piles – Grade Beams – Tieback Anchors – Will Require Night Work • Installation of Drainage Improvements: – Concrete Channels – Walls to Support Channels • Soil Nail Wall • Solider Pile Wall – Drainage Inlet Improvements • Seawall Installation near Anderson Canyon Del Mar Bluffs 5
Other Project Components
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148 May 6, 2024 Item 03
Existing
• Wetlands
– Permanent impact to 0.18 acre of wetlands will be mitigated for at the San Dieguito Lagoon W-19 site
• Uplands
– Sloped areas disturbed or graded during construction will be revegetated with appropriate native bluff species
• Endangered Species
– California Gnatcatcher habitat will be avoided
• No construction will occur within 300 feet of habitat during the nesting season
– A biologist will conduct nesting bird surveys
• Grunion
– Construction will not occur during Grunion runs, which typically occur late at night outside of standard construction hours Del Mar Bluffs 5
Biological Mitigation
| 21
149 May 6, 2024 Item 03
Federal Coastal Consistency Certification Condition:

Del Mar Bluffs 5
Sand and Recreation Mitigation
| 22
150 May 6, 2024 Item 03
Objectives • Raise awareness – bluff stabilization efforts – overall corridor use and safety • Communicate early and often – surrounding residents – rail corridor commuters • Educate – continued need for stabilization efforts – necessity of on-going work Del Mar Bluffs 5
Community Outreach
| 23
151 May 6, 2024 Item 03
Outreach Methods
• Public info sessions
• Door-to-door outreach
• Mailers/postcards
• Fact sheets
• Email blasts
• Social media
• Project website
• Project hotline/email
Del Mar Bluffs 5
Community Outreach (Cont.)
| 24
• Signage
• Seat drops on COASTER
• 3rd party coordination
• Tables at Farmers Markets
• City Council meetings
• Stakeholder briefings
• Media outreach
• Advertising – print/online
Hotline: (858) 549-RAIL
Email: [email protected]
152 May 6, 2024 Item 03
Del Mar Bluffs 5 Timeline
Final Design
& Permitting
Fall 2022
Bidding
Winter
2022/2023
Outreach
Begin Public Outreach
for Construction Phase
Spring 2023
Commission
Hearing
June 2022
Construction
Begin
Mid 2023
Completed
2026
| 25
153 May 6, 2024 Item 03
26 Connect with Us:

Allie DeVaux, Senior Engineer
Website:

KeepSanDiegoMoving.com/DelMarBluffs
Follow us on social media:
@SANDAGregion @SANDAG
Email:

[email protected]
Hotline:
(858) 549-RAIL
154 May 6, 2024 Item 03
1 Melinda Gould
From: James Hindman <[email protected]>
Sent: Monday, November 14, 2022 10:14 AM
To: City Clerk Mail Box
Subject: Red dot comment on Encroachment Permit EP22-082(SANDAG) Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

My name is Jim Hindman. My wife Marianne and I have owned property at 128 Little Orphan Alley for over 19 years. Our ocean view from our house is through the west end of Little Orphan Alley. We are very concerned with any view blockage or restricted bluff access at the west end of Little Orphan Alley for “water meter, solar panels, and irrigation equipment” as stated in the encroachment permit details received in the mail. Please note our objection to this location due to our concern over view blockage and/or restricted bluff access. Thank you.

Jim & Marianne Hindman
949-300-7000
Sent from my iPhone
155 May 6, 2024 Item 03
City of Del Mar
Memorandum
________________________________________________________________________________________________________ TO: Honorable Mayor and City Council Members
FROM: Madeline Shute, Assistant Planner
Karen Brindley, Planning and Community Development Director DATE: November 17, 2022
SUBJECT: Red Dot Item 10: Encroachment Permit (EP) EP22-082 – SANDAG Bluff Stabilization V Improvements Relating to Shoreline Protection, Drainage Improvements, and Required Mitigation (Beach access for construction at 18th Street and adjacent to APNs: 299-240-01, 299-240-23) Item 10 on the November 14, 2022, City Council agenda is a request to adopt the resolution approving SANDAG’s request for an Encroachment Permit EP22-082 to authorize permission to work in the public right of way and on public property as necessary to construct the bluff stabilization improvements relating to shoreline protection, drainage improvements, required mitigation, and authorizing access for construction along the beach, south bluff, and adjacent to City-owned public property at APNs 299-240-01 and 299-240-23 in accordance with the California Coastal Commission (CCC) Federal Consistency Certification.

The resolution has been revised to clarify City and State jurisdiction areas related to the project. As revised, the CCC Federal Consistency Certification dated July 22, 2022, has been incorporated by reference within the resolution.

Attachment: Revised Resolution including Exhibit A CCC Federal Consistency Certification
156 May 6, 2024 Item 03
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, APPROVING ENCROACHMENT PERMIT EP22-082 AND

WAIVING THE PLANNING AND LAND USE APPLICATION FEE

FOR A LONG-TERM MAJOR ENCROACHMENT PERMIT FOR

IMPROVEMENTS RELATING TO THE BLUFFS STABILIZATION V
PROJECT (APNs: 299-240-01, 299-240-23) IN DEL MAR,

CALIFORNIA
WHEREAS, the City of Del Mar (“City”) is the owner of the public rights-of-way way along at the street ends that provide access to the beach and shoreline; and WHEREAS, the beach below the ordinary high water mark (mean high tide line) is held in public trust by the State Lands Commission; and WHEREAS, San Diego Association of Governments (“Applicant”) has filed an application for an Encroachment Permit (EP22-082) seeking approval for various improvements, more specifically described in the Agenda Report and attached Encroachment Permit plans, in the public right-of-way adjacent to parcels owned by the City of Del Mar, APNs: 299-240-01 and 299-240-23 (“Project”) parcels owned by the City of Del Mar; and
WHEREAS, Del Mar Municipal Code (DMMC) Chapter 23.28 requires an Encroachment Permit (EP) for permission to work in the public right-of-way and on public property and for any private improvements within the public right-of-way; specifically any improvements that extend at least 12 inches above the level of the sidewalk, roadway, or adjacent grade and requires City Council approval; and
WHEREAS, Section 23.28.070 of the DMMC provides that an Encroachment Permit may be approved or conditionally approved only if the decision maker makes all of the findings set forth in Section 23.28.070(C); and
WHEREAS, in accordance with the National Environmental Policy Act (NEPA), the project is categorically excluded from NEPA pursuant to Title 23 CFR 771.118(c)(8) which covers “maintenance, rehabilitation, and reconstruction of facilities that occupy substantially the same geographic footprint and do not result in a change in functional use, such as:
improvements to bridges, tunnels, storage yards, buildings, stations, and terminals; construction of platform extensions, passing track, and retaining walls; and improvements to tracks and railbeds.”; and
WHEREAS, on July 22, 2022, the California Coastal Commission (Coastal Commission) issued a federal consistency certification for the SANDAG/NCTD bluff stabilization project to stabilize the bluffs and existing railroad facilities within the NCTD railroad right-of-way, State public trust lands, and City of Del Mar property and right-of-way; and
157 May 6, 2024 Item 03
Resolution 2022-XX

Page 2 of 10 ends

WHEREAS, on November 14, 2022, the City Council of the City of Del Mar held a duly noticed public hearing to review the referenced entitlements, and at which time all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include without limitation:
a. Plans submitted by the applicant;
b. Written information submitted with the application;
c. Agenda Report, dated November 14, 2022, incorporated by reference as though fully set forth herein;
d. The Coastal Commission Federal Consistency Determination dated July 22, 2022, incorporated by reference as though fully set forth herein; e. Additional information submitted during the hearing.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that Encroachment Permit EP22-082 is hereby approved based on the Federal Consistency Certification dated July 22, 2022, as set forth in “Exhibit A” to this Resolution and the following findings in accordance with DMMC Chapter 23.28.070 (C):

Finding 1. The proposed encroachment will not endanger the public health, safety or welfare, or the surrounding property.

Finding 2. The proposed encroachment will not unreasonably interfere with the intended use of a City Right-of-Way or Easement.

Finding 3. The proposed encroachment will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics.

Page 3 of 10 ends

the Los Angeles-San Diego (LOSSAN) corridor. The City’s authority for the Encroachment Permit is tied to authorization of access for construction along the beach, south bluff, and adjacent to private property at APNs 299-240-01 and 299-240-23 (from 15th Street south to Carmel Valley Road). The proposed improvements are generally consistent with the character of the existing bluff stabilization and railroad easement improvements and generally maintain the size and locations of existing features of the site as implemented in prior bluff stabilization project phases.

Finding 4. The proposed encroachment will not cause an unnecessary change in the character of the community.

The California Coastal Commission issued a federal consistency certification for the proposed bluff stabilization improvements relating to shoreline protection, drainage improvements, and required mitigation in the SANDAG/NCTD railroad right-of-way, State public trust lands, and the City of Del Mar property and right-of-way to ensure stabilization of the 1.6-mile railroad corridor for increased reliability of existing passenger rail services in the Los Angeles-San Diego (LOSSAN) corridor. The proposed encroachments are generally within the same locations as the previous shoreline protection, drainage improvements, and bluff stabilization improvements implemented in prior bluff stabilization project phases. No change in use is proposed to occur.

Finding 5. The proposed encroachment will not be a detriment to the interests of the general public.

The California Coastal Commission issued a federal consistency certification for the proposed bluff stabilization improvements relating to shoreline protection, drainage improvements, and required mitigation in the SANDAG/NCTD railroad right-of-way, State public trust lands, and the City of Del Mar property and right-of-way to ensure stabilization of the 1.6-mile railroad corridor for increased reliability of existing passenger rail services in the Los Angeles-San Diego (LOSSAN) corridor. The City’s authority for the Encroachment Permit is tied to authorization of access for construction along the beach, south bluff, and adjacent to private property at APNs 299-240-01 and 299-240-23 (from 15th Street south to Carmel Valley Road). The proposed improvements will not permanently interfere with any present or future public use. Proposed improvements do not interfere with existing vehicular or pedestrian mobility of the surrounding right-of-way. The pedestrian path improvements, in particular, will enhance mobility along existing pathways in the City of Del Mar.

Finding 6. The proposed encroachment will not convert significant areas of public property to private use.

The proposed encroachments will not convert any existing public use areas to private use.

All proposed improvements will enhance existing public use of these areas.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council that, given the public benefits from the bluff stabilization project, including reducing City costs for 159 May 6, 2024 Item 03
Resolution 2022-XX

Page 4 of 10 ends

construction of the City’s Powerhouse Park pathway lighting project, the City Council waives the planning and land use application fee associated with EP22-082.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council that approval of EP22-082 shall be subject to the following conditions and the conditions of approval set forth in the Federal Consistency Certification dated July 22, 2022, as set forth in “Exhibit A” to this Resolution:

General Conditions:

GC-2 [Development authorization limited to plan set]
This permit is granted based on submitted application materials dated October 11, 2022 and so identified by the staff of the Del Mar Planning Department. Revisions to these plans and/or any proposals for modification to the project shall require review and prior authorization from the appropriate entities of the City of Del Mar.

Page 5 of 10 ends

General Planning Encroachment Conditions:

The City Manager shall grant the extension unless he/she determines that there has been 161 May 6, 2024 Item 03
Resolution 2022-XX

Page 6 of 10 ends

a change in circumstances since the time of the original grant of the permit which would create an inconsistency between the proposed encroachment and the provisions of DMMC Chapter 23.28. No extension shall be granted for a period greater than one (1) year.

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

GEP-14 [EP - No authorization for street closure]
162 May 6, 2024 Item 03
Resolution 2022-XX

Page 7 of 10 ends

The permit does not authorize closure of any road or street, unless specifically stated on the permit.

The notice required herein shall be provided / installed (as applicable) to the satisfaction of the Director of Planning and Community Development.

Public Works Conditions:

All permanent irrigation related equipment shall be located within the NCTD right-of-way.

PW-3 [USA Markout]
163 May 6, 2024 Item 03
Resolution 2022-XX

Page 8 of 10 ends

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

PW-4 [Traffic Control Plan]
Prior to the approval of the Encroachment Permit, the contractor shall submit a plan for traffic control prepared by a registered Civil or Traffic Engineer. The plan shall be subject to the review and written approval of the Public Works Director. The plan shall be prepared in accordance with the “Manual for Uniform Traffic Control Devices (MUCTD) in Construction and Maintenance Zones.” The plan shall also be prepared and implemented to ensure that traffic control measures will be in place so as to protect pedestrian and motorists from any construction, equipment, or other related activities, (including parked vehicles) due to construction. If a detour for traffic is needed, a Traffic Control plan should be submitted for review and approval by the Public Works Director prior to the start of work.

Community Services Conditions:

Page 9 of 10 ends

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
165 May 6, 2024 Item 03
Resolution 2022-XX

Page 10 of 10 ends

I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2022-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 14th day of November 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____ _____
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
166 May 6, 2024 Item 03

STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION
455 MARKET STREET, SUITE 300
SAN FRANCISCO, CA 94105
FAX (415) 904-5400
TDD (415) 597-5885
July 22, 2022
Keith Greer
Principal Regional Planner
SANDAG
401 B Street, Suite 800
San Diego, CA 92101
Subject: Consistency Certification CC-0005-21 (Del Mar Bluffs Stabilization Project 5, Del Mar, San Diego County)
Dear Mr. Greer:

On June 8, 2022, the California Coastal Commission (Commission) conditionally concurred with the above-referenced consistency certification. The Commission found that the project was consistent with the California Coastal Management Program. The conditions included in the Commission’s concurrence are attached to this letter. Please contact me at [email protected] should you have any questions regarding this matter.

Sincerely,
Wesley Horn
Environmental Scientist
167 May 6, 2024 Item 03

Page 2 ends

July 22, 2022
Consistency Certification CC-0005-21

CONDITIONS

1. Authorization Term.
a. Authorization for all seawalls included in this consistency certification (including those subject to emergency repairs in 2021) shall expire thirty (30) years from the date of Commission action (i.e., June 8, 2052) or upon relocation and legal abandonment of the sections of railroad at issue in this action, whichever occurs first. No less than six months prior to the expiration of the authorization, SANDAG shall submit to the Coastal Commission a complete coastal development permit application or consistency certification to remove all of the seawalls and rip-rap included in this consistency certification and to restore the affected areas to natural conditions, except as allowed pursuant to subsection (b). If a complete permit application or consistency certification is filed before the end of the authorization period, the authorization period shall be automatically extended until the time the Commission acts on the consistency certification or permit. b. If relocation and legal abandonment of the rail line has not been completed in 30 years and SANDAG wishes to keep any portion of the seawalls or rip-rap in place beyond the 30 year time period, it must submit a complete, new consistency certification no less than six months prior to the expiration of the authorization. At that time, the Commission will need to consider authorization for the retention of the seawalls in light of the then-existing standard of review, including assessment of any needed mitigation for the ongoing impacts of the structure(s) and an evaluation of actions to reduce or eliminate those impacts. If a complete consistency certification is filed before the end of the authorization period, the authorization period shall be automatically extended until the time the Commission acts on the consistency certification.

2. Coastal Access and Recreation. SANDAG shall develop and implement a capital improvement project, similar to that described in Exhibit 10 (“Draft CIP Sheet”), to complete planning, design, environmental review, and construction of three projects to provide and improve safe public coastal access and recreation in the project area through: (1) enhancement of the north-south trail system east of the rail track on the top of the bluff between Seagrove Park and 4th Street; (2) construction of a CPUCapproved pedestrian rail crossing near 7th Street or 11th Street; and (3) construction of a beach accessway at or between 7th and 11th Streets that does not involve significant grading or alteration of the bluff beyond the work that is being performed as part of the Del Mar Bluffs Stabilization Project 5. The design of these three coastal access and recreation improvement projects shall be informed by the Coastal Connections Study, and construction of each access project shall not begin until all necessary authorizations for that project are obtained, such as from the California Public Utilities Commission, City of Del Mar and North County Transit 168 May 6, 2024 Item 03

Page 3 ends

July 22, 2022
Consistency Certification CC-0005-21
District. Unless extended by the Executive Director of the Coastal Commission for good cause and based on diligent pursuit of project goals and milestones, SANDAG shall commence the construction of these three coastal access and recreation improvement projects within 36 months of the beginning of construction on the Del Mar Bluffs Stabilization Project 5 and complete construction within 60 months of the beginning of construction on the Del Mar Bluffs Stabilization Project 5. An extension by the Executive Director shall not exceed 24 months. A request by SANDAG for an extension beyond 24 months shall be subject to review and concurrence by the Commission.

3. Mitigation for Permanent Impacts to Wetlands. PRIOR TO COMMENCEMENT OF CONSTRUCTION, SANDAG shall provide updated mitigation accounting tables, for the review and concurrence of the Executive Director, that demonstrate adequate credits have been released from the Resource Enhancement Mitigation Program (REMP) of the North Coast Corridor Public Works Plan/Transportation and Resource Enhancement Program (NCC PWP/TREP) to mitigate for all permanent losses to wetland habitat that would result from the project at a ratio of 1:1 (area created: area lost).

4. Gnatcatcher Habitat Avoidance. No project construction activities shall be carried out within 300 feet of identified areas of potential California gnatcatcher habitat (as shown in Exhibit 9) during the nesting season (February 15 to August 31).

5. Construction Safety Plan. PRIOR TO COMMENCEMENT OF CONSTRUCTION, SANDAG shall submit a plan for the review and concurrence of the Executive Director that describes the methods (including signs, fencing, posting of security guards, etc.) which accounts for pedestrian safety around the active construction sites and/or staging areas during all project operations. A person(s) shall be onsite to safely detour pedestrian and/or vehicular traffic around active construction sites.

Construction is prohibited during weekends from the Saturday of Memorial Day weekend through Labor Day inclusive, except to the extent necessary to protect life and property. Maintenance of equipment and material storage is permitted during weekends and during non-daytime hours (i.e., from one-hour after sunset to onehour before sunrise).

6. Construction Staging and Storage. SANDAG shall locate and configure all designated areas for the storage and staging of project materials, equipment and project personnel vehicles in a manner that avoids, and if avoidance is infeasible, minimizes, loss of public parking spaces on public streets in the City of Del Mar and within the Torrey Pines State Beach parking lot.

7. Structural Appearance.
a. PRIOR TO COMMENCEMENT OF CONSTRUCTION, SANDAG shall
submit a plan for the review and concurrence of the Executive Director to 169 May 6, 2024 Item 03

Page 4 ends

July 22, 2022
Consistency Certification CC-0005-21
monitor and address the potential visual impacts of the Del Mar Bluffs Stabilization Project No. 5 upper bluff stabilization components in the event that they are exposed and visible from the blufftop and/or the public beach as a result of earth movement or other circumstances. SANDAG shall also monitor and address the potential visual impacts of the seawalls in the event that they are vandalized (e.g. graffiti). SANDAG shall carry out the approved plan, which shall include the following requirements:
i. Yearly for three years after construction, and then tri-annually until the seawalls are removed, SANDAG shall monitor the visual impacts of the Del Mar Bluffs Stabilization Project No. 5 project’s upper bluffs stabilization components. If the project’s upper bluff stabilization components are exposed and viewable from the public beach below the site, then SANDAG shall submit photographs to the Executive Director within 30 days of exposure identifying the extent of the exposure. Within 30 days of submitting photographs identifying the extent of the exposure of the components. Exposed components shall be colored in such a way that the result would be a natural, mottled appearance or, in SANDAG’s discretion, SANDAG shall install a “breakaway” skirt wall to cover exposed earth and/or components. The breakaway skirt shall be colored in such a way that the result would be a natural, mottled appearance. SANDAG shall contact the Coastal Commission for a determination of whether or not the installation of the low “breakaway” skirt wall requires Commission concurrence. ii. A plan to address the vandalism by regularly monitoring for graffiti or other visual changes and to promptly clean off or otherwise remedy the visual impacts caused by the vandalism.
170 May 6, 2024 Item 03
300' Map
171 May 6, 2024 Item 03
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BILL&JANICE TRUST 04-03-91 P O BOX 890 DEL MAR CA 92014 3001821100 MARTENS ROBERT F&HOLLEY C F 1050 E 9TH ST #2B CLEVELAND OH 44114 3001820902 REICHEL JOHN S FAMILY TRUST 01-10-17 6828 COUNTRY CLUB DR LA JOLLA CA 92037 3001820901 AMEN FAMILY TRUST 08-12-96 144 SHERRIE LN DEL MAR CA 92014 3001821701 DAVENPORT FAMILY TRUST 02-06-06 4043 NW THUNDER CREST RD PORTLAND OR 97229 3001821601 MULLIGAN DENNIS E&MAUREEN C LIVING TRUST 02-24-04 141 7TH ST DEL MAR CA 92014 3001821602 TEAM B 2018 TRUST 05-01-18 C/O PREMIER TRUST INC 4465 S JONES BLVD LAS VEGAS NV 89103 3001821402 NEWLIN COMMUNITY PROPERTY TRUST 08-16-10 1094 KLISH WAY DEL MAR CA 92014 3001821401 MCCULLOUGH FAMILY TRUST 09-06-01 C/O JAMES MCCULLOUGH P O BOX 307 HANALEI HI 96714 3001821501 ROBILLARD MARK A 135 7TH ST DEL MAR CA 92014 3001821300 BROSCIOUS RUSSELL K JR P O BOX 89 SUNBURY PA 17801 3001811400 156-158 7TH STREET LLC C/O ERIC F PINCZOWER 11037 CHAMPAGNE POINT RD NE KIRKLAND WA 98034 3001811501 DEL MAR SUNSETS LLC 2310 S 2ND 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RCHO SANTA FE CA 92067 3001810300 LA CASITA TRUST 08-06-15 2855 LA CASITA AVE LAS VEGAS NV 89120 3001810200 HINDMAN FAMILY TRUST 08-02-11 119 8TH ST DEL MAR CA 92014 3001740900 MAURER TIMOTHY C FAMILY TRUST 10-07-94 142 8TH ST DEL MAR CA 92014 3001741002 TASTAD PATRICIA L FAMILY TRUST 10-01-12 131 SHIPPEY LN DEL MAR CA 92014 3001741001 CULP CHARLES H REVOCABLE TRUST 04-20-01 ET AL P O BOX 48 RCHO SANTA FE CA 92067 3001741100 LITTLE KENNETH D 877 ISLAND AVE #410 SAN DIEGO CA 92101 3001741501 BEATTY GEORGE FAMILY TRUST 10-22-01 157 9TH ST DEL MAR CA 92014 3001741502 CEFALO CHRISTINE 828 STRATFORD CT DEL MAR CA 92014 3001741700 CHERRY ADAM Z SEPARATE PROPERTY TRUST 05-10-96 135 9TH ST DEL MAR CA 92014 3001710900 COUGHLIN PATRICK J 142 9TH ST DEL MAR CA 92014 3001711001 BEACH BLUFF PROPERTIES LLC DANIELLE E NOCHOLAS MANAGER 409 S 5TH AVE BOZEMAN MT 59715 3001711002 BEACH BLUFF PROPERTIES LLC DANIELLE E NOCHOLAS MANAGER 409 S 5TH AVE BOZEMAN MT 59715 3001711602 PARKES ROLAND TRUST 05-26-05 156 MELANIE WAY DEL MAR CA 92014 3001741300 BEVASH FAMILY TRUST 04-28-21 110 8TH ST DEL MAR CA 92014 3001741800 OCEAN BLUFF HOLDINGS LLC P O BOX 2627 DEL MAR CA 92014 3001711100 BEACH BLUFF PROPERTIES LLC 409 S FIFTH AVE BOZEMAN MT 59715 3001711302 SINER T ANN FAMILY TRUST 09-29-08 5730 E JOSHUA TREE LN PARADISE VLY AZ 85253 3001711301 GRINDLE FAMILY 1993 TRUST 02-19-93 116 MELANIE WAY DEL MAR CA 92014 3001711400 KINNEY FAMILY TRUST 12-31-86 106 9TH ST DEL MAR CA 92014 174 May 6, 2024 Item 03

PROOF OF

PUBLICATION
(2015.5 C.C.P.)
State Of California,
County of San Diego
I am a citizen of the United States and a
resident of the County aforesaid: I am
over the age of eighteen years, and not a
matter. I am an authorized
representative of
Del Mar Times
a newspaper of general circulation,
printed and published weekly in the
County of San Diego, and which
newspaper has been adjudged a
newspaper of general circulation by the
Superior Court of the County of San
Diego, State of California, under the date
of 05/28/2010, Case Number
#37-2010-00051582-CU-PT-NC;
that the notice, of which the annexed is a
printed copy (set in type not smaller than
nonpareil), has been published in each
regular and entire issue of the said newspaper and not in any supplement thereof on the following
Dates, to-wit:

November 3, 2022
I certify (or declare) under the penalty
of perjury that the foregoing is true
and correct.

Dated: November 3, 2022
At: San Diego, California
_________________________
Signature
Cris Gaza
UT Community Press
175 May 6, 2024 Item 03
Del Mar Bluffs Stabilization Project
Phase 5
Construction Update
Del Mar City Council | Item 2
Allie DeVaux, Senior Engineer
March 4, 2024
176 May 6, 2024 Item 03
Agenda
| 2
Project Overview
Construction
Public Outreach
Future Access
Improvements
177 May 6, 2024 Item 03
Project Overview
3 178 May 6, 2024 Item 03
The LOSSAN
San Diego
Segment
A Critical Corridor
| 4
179 May 6, 2024 Item 03
Project Area
Del Mar, CA
| 5
Torrey Pines Overhead Bridge MP
245.7
Coast Boulevard
MP 244.1
180 May 6, 2024 Item 03
Bluff Retreat
| 6
181 May 6, 2024 Item 03
Stabilizing Rail Track
Soldier Piles (with tiebacks, where required)
| 7
182 May 6, 2024 Item 03
Del Mar Bluffs 5
Proposed and Existing Seawalls
2,098 FT
1,118 FT
| 8
183 May 6, 2024 Item 03
Del Mar Bluffs 5
Drainage Improvements
| 9
184 May 6, 2024 Item 03
Construction
10 185 May 6, 2024 Item 03
| | 11
Grade Beam
Construction
DMB Phase 4
| 11
CIDH Pile
DMB Phase 2 & 3
Concrete Delivery
DMB Phase 2 & 3
Construction Methods
Bluff Top
186 May 6, 2024 Item 03
Del Mar Bluffs 5
Beach Work - Removeable Seawalls, Grading, Vegetation
| 12
187 May 6, 2024 Item 03
Drone Footage
| 13
188 May 6, 2024 Item 03
Construction Methods
Beach
| 14
• 18th Street Staging and Access
• Beach Access and Work Areas
• Work at Street Ends
• Beach Access from State Parks
189 May 6, 2024 Item 03
Del Mar Bluffs 5
18th Street Staging Area
| 15
Staging and access for:
• Construction of seawall
extensions
• Construction of drainage
outlet on beach near 15th St
• Fill Placement and
revegetation above seawalls
• Removal of existing drainage
chute near 12th St
• Modification of drainage outlet
on beach near 8th St
• Construction of drainage
outlet on beach south of 6th St
190 May 6, 2024 Item 03
Del Mar Bluffs 5
Example Beach Access Plan
| 16
191 May 6, 2024 Item 03
Del Mar Bluffs 5
Street Ends
Temporary Construction Access Points:
• Coast Boulevard
• 11th Street
• 10th Street
• 4th Street
• Torrey Pines State Beach Access Road
Temporary Encroachments During Construction Work:
• 13th Street – Water line extension and irrigation control installation • 12th Street – Construction of storm drain
• Sea Orbit Lane – Drainage improvements
• Little Orphan Alley – Irrigation control installation • 4
th Street – Drainage improvements
| 17
192 May 6, 2024 Item 03
Existing
Del Mar Bluffs 5
Biological Mitigation
• Wetlands
— Permanent impact to 0.18 acre of wetlands will be mitigated for at the San Dieguito Lagoon W-19 site
• Uplands
— Sloped areas disturbed or graded during construction will be revegetated with appropriate native bluff species
• Endangered Species
— California Gnatcatcher habitat will be avoided
• No construction will occur within 300 feet of habitat during the nesting season
— A biologist will conduct nesting bird surveys
• Grunion
— Construction will not occur during Grunion runs, which typically occur late at night outside of standard construction hours | 18
193 May 6, 2024 Item 03
Del Mar Bluffs 5 Timeline
| 19

Final Design
& Permitting
Fall 2022
Bidding
Winter
2022/2023
Notice to
Proceed
February 5, 2024
Commission
Hearing
June 2022
On Site Work
to Begin
Mid/Late March
2024
Completed
Spring 2027
194 May 6, 2024 Item 03
Public Outreach
20 195 May 6, 2024 Item 03
Del Mar Bluffs 5
Community Outreach
Objectives • Raise awareness —bluff stabilization efforts —overall corridor use and safety • Communicate early and often —surrounding residents —rail corridor commuters • Educate —continued need for stabilization efforts —necessity of on-going work | 21
196 May 6, 2024 Item 03
Del Mar Bluffs 5
Community Outreach (Cont.)
Outreach Methods
• Mailers/postcards
• Fact sheets
• Email blasts
• Social media
• Project website
• Project hotline/email
• Signage
| 22
• 3rd party coordination
• Tables at Farmers Markets
• Door-to-door outreach
• City Council meetings
• Stakeholder communications
• Press/media outreach
Hotline: (858) 549-RAIL
Email: [email protected]
197 May 6, 2024 Item 03
Future Access Improvements
23 198 May 6, 2024 Item 03
Del Mar Bluffs 5
Sand and Recreation Mitigation
Federal Coastal Consistency Certification Condition:

Carry out a capital improvement project to plan, design, environmentally review, and construct three coastal access and recreation features once agreed between SANDAG, NCTD, and City of Del Mar including:
• A pedestrian railroad crossing
• A beach accessway from the bluff top to the beach
• A blufftop trail between 4th St and Seagrove Park
Projects will be informed by Coastal Connections Planning Study. | 24
199 May 6, 2024 Item 03
North – South Trail
North – South Trail
• Seagrove Park to 4th St (0.8 miles)
• Accessible
• Connections to every street end (no alleys)
| 25
200 May 6, 2024 Item 03
Undercrossing and Beach Access
Undercrossing at 7th-8th St, ramps or stairs to beach
• Feasible from engineering perspective
• Preferred Concept by Del Mar City Council
• Eliminates noise impacts compared to at-grade crossings • Aligns with existing movement patterns
• Integrated with SANDAG planned seawalls
| 26
201 May 6, 2024 Item 03
Del Mar Access Improvements Estimated Timeline
| 27

Regional
Transportation
Improvement
Program
Approval
February 2024
Release
Design
RFQ
March 2024
Begin
Preliminary
Engineering &
Environmental
Clearance
May 2024
SANDAG
Board
Approval of
Budget
October 2023
Begin Final
Design
May 2025
Ready to
Advertise for
Construction
Mid 2026
202 May 6, 2024 Item 03
28 Stay connected with SANDAG
Explore our website
SANDAG.org
Email: [email protected]
Follow us on social media:
@SANDAGregion @SANDAG
203 May 6, 2024 Item 03

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES

CLOSED SESSION
APRIL 15, 2024
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California

CALL TO ORDER
Mayor Druker called the meeting to order at 2:30 P.M.

ROLL CALL

Present: Mayor Dave Druker; Deputy Mayor Terry Gaasterland; Councilmembers Tracy Martinez, Dan Quirk, and Dwight Worden

CLOSED SESSION
A) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: Two
Description: 1) Personnel Matter; and 2) San Dieguito Drive Improvements Authority: Government Code Section 54956.9(d)(2)
Reportable Action: None. Councilmember Quirk was recused from Item A(1) and abstained from Item A(2).

B) Real Property Negotiations
Property: San Dieguito Drive from Oribia Road to Racetrack View Drive Negotiating Parties: City of Del Mar and San Dieguito Drive Property Owners Under Negotiation: Potential dedication and improvement of the road and terms and conditions of the same
Authority: Government Code Section 54956.8
Reportable Action: None.

C) Conference with Legal Counsel - Initiation of Litigation Number of Cases: One
Description: Regional Housing Needs Assessment (RHNA) Allocation Authority: Government Code Section 54956.9(d)(4)
Reportable Action: None.

ADJOURNMENT
Mayor Druker adjourned the meeting at 4:15 P.M.

Sarah Krietor, Administrative Services Manager/
City Clerk
1 May 6, 2024 Item 04

CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
APRIL 15, 2024
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.

CALL TO ORDER
Mayor Druker called the Regular Meeting to order at 4:30 p.m.

ROLL CALL

Present: Mayor Dave Druker; Deputy Mayor Terry Gaasterland; Councilmembers Tracy Martinez, Dan Quirk, and Dwight Worden

CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported out for the April 15, 2024, City Council Closed Session meeting.

She reported that for Item A(1) Councilmember Quirk was recused. Councilmember Quirk abstained and did not participate in Item A(2). There were no reportable actions for the April 15, 2024, City Council Closed Session meeting.

PLEDGE OF ALLEGIANCE
Councilmember Worden led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
Mayor Druker opened public oral communication and the following people spoke:
1) Don Billing, San Diego Association of Governments (SANDAG), public engagement and railroad 2) Greg Rothnem, Regional Housing Needs Assessment (RHNA) allocation and State Employment Development Department (EDD) data
3) Camilla Rang, SANDAG Del Mar Bluffs Phase 5 (DMB5) Project concerns 4) Jon Imperato, Concerns regarding EDD data/RHNA allocations and DMB5 Project 5) Cristy Hahn, DMB5 Project concerns and impacts of sand dredging barge off the coast of Del Mar 6) Karl Willert, DMB5 Project concerns
Mayor Druker closed public oral communications.

CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Martinez reported that the County of San Diego Board of Supervisors unanimously adopted a resolution initiated by Supervisor Terra Lawson-Remer supporting the affordable housing Exclusive Rights Negotiating Agreement (ENRA) between the City and the 22nd District Agricultural Association Board and development of housing at the Fairgrounds. Councilmember Worden requested an update from staff on the SANDAG DMB5 Project. Deputy Mayor Gaasterland provided additional comments related to the DMB5 Project and potential to place removed material on the beach.

Councilmember Quirk reported on the City of San Clement and Orange County Transportation Authority 2 May 6, 2024 Item 04
City Council Regular Minutes
April 15, 2024

Page 2 of 8 ends

public workshops related to sea-walls, sand replenishment, and rail, and expressed desire for the City to collaborate with the City of San Clement on these issues.

CITY MANAGER’S REPORT
City Manager Ashley Jones responded to Council and community concerns related to the SANDAG DMB5 Project and reported on an upcoming tree planting event at the Fairgrounds hosted by the City and San Diego Gas & Electric on April 18, 2024, at 9:30 a.m. near the main gate on Jimmy Durante Blvd; $25,000 in grant funding received from the County of San Diego for the Riverpath Phase 3 Project; and Camino Del Mar Bridge Replacement project geotechnical boring work that will take place over the next four weeks that will provide soils and geotechnical information to be used for the bridge replacement.

Principal Engineer Karen Falk answered additional questions about geotechnical boring work and reported that the bridge will remain open while the work is being done.

PRESENTATIONS
ITEM 1: PRESENTATION BY DEL MAR VILLAGE ASSOCIATION EXECUTIVE DIRECTOR JEN GROVE OF THE REGARDING SHORESAVER PILOT PROGRAM (CLERK’S FILE NO. 1404-1)
Mayor Druker introduced the item. A presentation was provided by Del Mar Village Association (DMVA) Executive Director Jen Grove.

City Council questions focused whether the program will be expanded following the completion of the pilot program; whether trash grabbers will be provided as part of the program; whether the tonnage of trash collected can be counted as part of the program; and number of baskets that will be available.

There were no public speakers for the item.

Council discussion focused on expressing appreciation to DMVA and the Del Mar Lifeguards for the efforts getting the program up and running.

CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.

IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY DEPUTY MAYOR GAASTERLAND TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 7, AND ITEM 10 WITH MAYOR DRUKER RECUSED FOR ITEM 7 (VOTE 5-0 WITH MAYOR DRUKER RECUSED FOR ITEM 7).

Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: Mayor Druker for Item 7 only; Absent: 0; Abstain: 0.

ITEM 2: APPROVAL OF MINUTES: APRIL 1, 2024 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.

ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED APRIL 15, 2024 (CLERK’S FILE NO. 201-3)
3 May 6, 2024 Item 04
City Council Regular Minutes
April 15, 2024

Page 3 of 8 ends

Council approved the list of demands, on consent.

ITEM 4: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.

ITEM 5: AWARD OF CONSTRUCTION CONTRACT TO PRESTIGE PAVING COMPANY, INC.

FOR THE 20TH STREET LIFEGUARD TOWER DRIVEWAY PROJECT (CLERK’S FILE NO. 103-6, 406-1)
Council awarded a $93,750 construction contract to Prestige Paving Company, Inc. for the 20th Street Lifeguard Tower Driveway Project; awarded a $14,875 Task Order to Dudek for Construction Management and Inspection Services; approved a 10% project contingency of $9,375; authorized the City Manager to execute the required documents and any contract changes necessary to complete the work; and amended the Fiscal Year 2023-2024 Operating and Capital Budget as described in the Fiscal Impact Section of this report, on consent.

ITEM 6: AMENDMENT TO THE TRAFFIC AND PARKING ADVISORY COMMITTEE WORK PLAN (CLERK’S FILE NO. 401-5)
Council approved the revised Fiscal Year (FY) 2024-25 TPAC Work Plan, on consent.

ITEM 7: SECOND READING OF AN ORDINANCE TO AMEND THE ZONING CODE AND

CERTIFIED LOCAL COASTAL PROGRAM TO INCREASE DENSITY IN THE

CENTRAL COMMERCIAL AND PUBLIC FACILITIES ZONES TO IMPLEMENT HOUSING ELEMENT PROGRAMS 1C AND 1H (CLERK’S FILE NO. 304-7, 401-4, 401- 9)
Mayor Druker was recused from the item due to living within 500 feet of the subject matter of that discussion. Council adopted Ordinance 1006, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING THE DEL MAR MUNICIPAL CODE (ZONING CODE) CHAPTER 30.22 CENTRAL COMMERCIAL (CC) ZONE REGULATIONS AND CHAPTER 30.31 PUBLIC FACILITIES (PF) ZONE; AND THE CITY’S CERTIFIED LCP ALL RELATING TO IMPLEMENTATION OF THE 6TH CYCLE HOUSING ELEMENT PROGRAMS 1C (CC ZONE) AND 1H (PF ZONE)”, to increase the local housing stock capacity also required per California Government Code Section 65863, on consent.

COMMISSION AND COMMITTEE INTERVIEWS
ITEM 8: DESIGN REVIEW BOARD INTERVIEW AND APPOINTMENT (CLERK’S FILE NO. 401- 5)
Mayor Druker introduced the item. Administrative Services Manager/City Clerk Krietor provided a brief presentation describing the interview and voting process.

There were no public speakers for the item.
4 May 6, 2024 Item 04
City Council Regular Minutes
April 15, 2024

Page 4 of 8 ends

IT WAS MOVED BY COUNCILMEMBER WORDEN SECONDED BY MAYOR DRUKER TO CONTINUE

THE ITEM TO CONSIDER A THIRD APPLICANT WHOSE APPLICATION WAS RECEIVED AFTER THE DEADLINE. (VOTE 2-3) MOTION FAILED WITH DEPUTY MAYOR GAASTERLAND AND COUNCILMEMBERS MARTINEZ AND QUIRK VOTING NO.

Ayes: Mayor Druker and Councilmember Worden; Noes: Deputy Mayor Gaasterland and Councilmembers Martinez and Quirk; Recuse: 0; Absent: 0; Abstain: 0.

City Council interviewed the applicants Hendrik Jensen and Steve Mitgang and voted on the appointment. The first round of voting did not result in any applicant receiving the three votes required to be appointed to the Design Review Board. Mayor Druker and Councilmember Worden abstained from voting; Deputy Mayor Gaasterland and Councilmember Martinez voted for Hendrik Jensen; and Councilmember Quirk voted to appoint Steve Mitgang.

IT WAS MOVED BY COUNCILMEMBER QUIRK, SECONDED BY DEPUTY MAYOR GAASTERLAND TO VOTE AGAIN DUE TO LACK OF MAJORITY VOTES. (VOTE 3-2, WITH MAYOR DRUKER AND COUNCILMEMBER WORDEN VOTING NO).

Ayes: Deputy Mayor Gaasterland, Councilmembers Martinez and Quirk; Noes: Mayor Druker and Councilmember Worden; Recuse: 0; Absent: 0; Abstain: 0.

COUNCILMEMBER WORDEN MADE A SUBSTITUTE MOTION, SECONDED BY MAYOR DRUKER TO CONTINUE THE ITEM. (VOTE 2-3) MOTION FAILED WITH DEPUTY MAYOR GAASTERLAND, COUNCILMEMBERS MARTINEZ AND QUIRK VOTING NO.

Ayes: Mayor Druker, and Councilmember Worden; Noes: Deputy Mayor Gaasterland and Councilmembers Martinez and Quirk; Recuse: 0; Absent: 0; Abstain: 0.

Council voted again and the second round of voting did not result in an applicant receiving the required three votes to be appointed to serve on the DRB. Mayor Druker and Councilmember Worden abstained from voting; Deputy Mayor Gaasterland and Councilmember Martinez voted for Hendrik Jensen; and Councilmember Quirk voted to appoint Steve Mitgang.

IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER QUIRK TO VOTE FOR A THIRD TIME. (VOTE 3-2, WITH MAYOR DRUKER AND COUNCILMEMBER WORDEN VOTING NO).

Ayes: Deputy Mayor Gaasterland, Councilmembers Martinez and Quirk; Noes: Mayor Druker and Councilmember Worden; Recuse: 0; Absent: 0; Abstain: 0.

In the third round of voting, Deputy Mayor Gaasterland and Councilmembers Martinez and Quirk voted to appoint Hendrik Jensen to the DRB to serve a full four-year term beginning April 15, 2024, and ending April 30, 2028. Mayor Druker and Councilmember Worden abstained from voting.

PUBLIC HEARING
ITEM 9: INTRODUCTION OF DENSITY BONUS ORDINANCE TO IMPLEMENT STATE LAW AND HOUSING ELEMENT PROGRAM 1G (CLERK’S FILE NO. 304-7, 401-4, 401-9) 5 May 6, 2024 Item 04
City Council Regular Minutes
April 15, 2024

Page 5 of 8 ends

An introduction to the item was provided by City Manager Jones. A presentation was provided by Principal Planner Amanda Lee. Planning and Community Development Director Karen Brindley, and Assistant City Attorneys Wendy House and Ralph Hicks were available to answer questions.

Council questions focused on senior housing; concessions and waivers; incentives; pre-application process; density bonus ordinance in relation to the California Coastal Act; equity sharing agreement; sale of deed restricted affordable housing/condo units; severability section of the proposed ordinance; height waivers; and floor to area ratio waivers.

There were no public speakers.

Council discussion focused on the amendment proposed by Councilmember Worden to Del Mar Municipal Code (DMMC) section 30.90.010 – Purpose, which was read into the record by Councilmember Worden (page 3 of 16 of the ordinance); requirements being imposed on the City by the State; California Coastal Commission’s unanimous vote to oppose amendments to the density bonus law that would undermine the California Coastal Act; and appreciation to staff for their work on this item.

IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY DEPUTY MAYOR

GAASTERLAND TO INTRODUCE AN ORDINANCE TO REPEAL AND REPLACE THE EXISTING

DENSITY BONUS REGULATIONS IN DEL MAR MUNICIPAL CODE (DMMC) DENSITY BONUS CHAPTER 30.90 IN COMPLIANCE WITH THE CITY’S CERTIFIED 6TH CYCLE HOUSING ELEMENT (2021-2029) PROGRAM 1G AND STATE DENSITY BONUS LAW (CALIFORNIA GOVERNMENT CODE SECTIONS 65915, ET SEQ.), WITH THE AMENDMENT READ INTO THE RECORD BY COUNCILMEMBER WORDEN (VOTE 5-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.

ITEM 10: RESOLUTION APPROVING THE DEL MAR PROJECTS FOR INCLUSION IN THE

TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2024-2025 THROUGH 2028-2029 (CLERK’S FILE NO. 901-5, 1506-1) There were no public speakers for the item. Mayor Druker opened and closed the public hearing and the item was moved to the Consent Calendar for approval of Resolution 2024-13, “A RESOLUTION OF THE

OF THE CITY OF DEL MAR, CALIFORNIA, ADOPTING THE LIST OF DEL MAR PROJECTS FOR

INCLUSION IN THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2025 THROUGH 2029”, as part of the Regional Transportation Improvement Program.

COUNCIL MEETING RECESS:

The City Council took a meeting recess from approximately 7:45 p.m. to 7:51 p.m.

CITY COUNCIL OTHER BUSINESS
ITEM 11: SAN DIEGUITO DRIVE IMPROVEMENTS PROJECT UPDATE, ENGINEER’S REPORT RELATED TO PROJECT BENEFITS, AND PROPOSITION 218 RESOLUTIONS (CLERK’S FILE NO. 201-10, 401-7, 801-1)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Project Manager II Martin Boyd and SCI Consulting President John Bliss. Assistant City Attorney Ralph Hicks and City Manager Jones were available to answer questions. 6 May 6, 2024 Item 04
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Council questions focused on drivable road widths; project contingency; timing for initiating the levy if the assessment district is approved by voters; timing for the construction contract award; clarification on the permitting process including whether a Coastal Development Permit (CDP) is required for this project; whether cost for a CDP is included in the project budget; status of the project’s environmental review process; options for handling any savings from the project; rationale as to why Proposition 218 excludes increase in property value as a consideration when forming an assessment; payment of the assessment through property tax; rationale for developing the assessment by parcel; vote required to pass benefit assessment; whether the Council can require a higher voting requirement than is required by Proposition 218; whether private Oribia Road was engaged as part of the process; whether a minimum number of respondents/voters is required by Proposition 218; City communication efforts to reach voters in the proposed assessment district; and voting process.

Mayor Druker opened the item to public comment and the following people spoke:
1) Amy Cheshire with a donation of time from Greg Rothnem 2) Reid Westburg
Mayor Druker closed the item to public comment.

Council discussion focused on appreciation to staff for their work on the project and their presentation; benefit of providing an interest free assessment to residents on San Dieguito Drive and Oribia Road; rational for the proportionality included in the project benefit analysis completed by SCI; efficiencies gained by coordinating the San Dieguito Drive and X1A undergrounding project; public benefits associated with the proposed project; cost and approach of the project; City process for repaving roads in the City’s existing street/roadway system and the Pavement Condition Assessment and paving management plan approved by the City Council on March 4, 2024; rational to how the per property assessment was decided versus other methods that may have been available.

IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER MARTINEZ, TO ADOPT RESOLUTION 2024-14 AS AMENDED BY THE STAFF RED DOT, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, PROVIDING INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 2024-25, PRELIMINARILY APPROVING

THE ENGINEER'S REPORT, AND PROVIDING FOR NOTICE OF HEARING, AND THE MAILING OF ASSESSMENT BALLOTS FOR THE SAN DIEGUITO DRIVE IMPROVEMENT DISTRICT”. (VOTE 4- 1, WITH COUNCILMEMBER QUIRK OPPOSED)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, and Worden; Noes:

Councilmember Quirk; Recuse: 0; Absent: 0; Abstain: 0.

IT WAS MOVED BY MAYOR DRUKER, SECONDED BY COUNCILMEMBER WORDEN TO ADOPT RESOLUTION 2024-15, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ADOPTING PROCEDURES FOR THE PROPOSITION 218 ASSESSMENT BALLOT PROCEEDINGS FOR THE SAN DIEGUITO DRIVE IMPROVEMENT DISTRICT”. (VOTE 4-1 WITH

COUNCILMEMBER QUIRK OPPOSED)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, and Worden; Noes:

Councilmember Quirk; Recuse: 0; Absent: 0; Abstain: 0.

ITEM 12: COUNCIL CONSIDERATION TO CENSURE COUNCIL MEMBER DANIEL QUIRK FOR

PERSONAL VIOLATIONS OF THE BROWN ACT, CITY COUNCIL POLICIES, DEL MAR MUNICIPAL CODE, AND RELATED MISCONDUCT (CLERK’S FILE NO. 101-2, 401-1)
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An introduction to the item was provided by Mayor Druker. A presentation was provided by Special Counsel Irma Moisa.

Council questions focused on relationship between special counsel and the investigator; statement that the investigator and special counsel worked independently and were not directed by the City Council in any capacity; whether special counsel believes the investigation was conducted without bias; background of the investigator and special counsel; considerations related to the “guardrails” included in the proposed censure resolution; whether the proposed “guardrails” are commonly used to maintain respectful and productive employee/employer relationships; legal obligation of the City as an employer to provide a respectful work environment free of harassment; cost of the investigation; whether there was an initial investigator prior to the City hiring Ms. Kelepecz; inability of the first investigator to complete their investigation and need to hire a second investigator; whether the first investigator completed a draft report; schedule of San Dieguito Drive neighborhood and public meetings in July, August and September 2024; witness interviews; project costs and timelines for various City Capital Improvement Projects (CIP); and whether all Councilmembers read the investigators report.

Mayor Druker opened the item to public comment and the following people spoke:
1) Suren Dutia with a donation of time from Jas Grewal
2) Steve Quirk
3) Karen Lare
Mayor Druker closed the item to public comment.

Councilmember Quirk left the meeting at 9:08 p.m.

Council discussion and comments focused on appreciation and support for the City Manager; investigator’s assessment that Councilmember Quirk was “credibility challenged”; appreciation to Special Counsel and the investigator for their work managing the investigation process; concerns related to Councilmember Quirk’s Brown Act violations and related legal liabilities; concerns related to Councilmembers Quirk’s violation of the City Manager’s Employment Agreement, City Council and City Manager Guiding Principles, and Del Mar Municipal Code (DMMC) related to the division of the roles and responsibilities of the City Manager and City Council; concerns regarding Councilmember Quirk’s interaction with staff in multiple City departments that violated the DMMC, City Manager’s Employment agreement and City Council and City Manager Guiding Principles; concern that Councilmember Quirk may not change his behavior after completion of the investigation and desire for the City Council to take action via the proposed censure resolution to protect the City Manager and staff and maintain a respectful work environment for City employees; free speech rights of the Council as a body and Councilmembers as individuals; need for Council and staff to work within the established rules and framework; Councilmember Quirk’s disrespectful and disparaging conduct directed towards staff and City consultants observed by other City Council members and described in the investigation report; concerns regarding Councilmember Quirk’s tone of discourse when interacting with staff, including the other designated Council liaison on Councilmember Quirk’s communications and meetings with staff; and Councilmember’s attempts to meet with Councilmember Quirk to address concerns regarding his behavior.

Mayor Druker provided City Manager Jones the opportunity to comment. City Manager Jones provided comments regarding the roles and responsibilities of the City Manager and City Council; her role as City Manager to ensure that she and staff implement the direction provided by the full City Council in the public forum and not to take direction provided by individual Councilmembers; and expressed desire to work collaboratively with the entire City Council to address the important issues and challenges facing Del Mar.
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Deputy Mayor Martinez provided closing comments focused on City Councilmembers’ obligation to work together on behalf of the City, its residents, and City staff; Councilmember Quirk’s repeated disrespectful behavior towards City staff; Councilmembers’ obligation to protect the City from liability associated with Deputy Mayor Quirk’s actions; and desire to move forward.

IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER MARTINEZ TO ADOPT RESOLUTION 2024-16, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, CENSURING COUNCIL MEMBER DANIEL QUIRK FOR PERSONAL

VIOLATIONS OF THE BROWN ACT, COUNCIL POLICIES, DEL MAR MUNICIPAL CODE, AND RELATED MISCONDUCT”. (VOTE 4-0-1, WITH COUNCILMEMBER QUIRK ABSENT) Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, and Worden; Noes:
0; Recuse: 0; Absent: Councilmember Quirk; Abstain: 0.

REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY

ORGANIZATION REPORTS
This item was deferred to the May 6, 2024 City Council meeting.

ADJOURNMENT
Mayor Druker adjourned the meeting at 9:29 p.m.

Sarah Krietor, Administrative Services Manager/
City Clerk
9 May 6, 2024 Item 04

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES

RETREAT WORKSHOP
APRIL 22, 2024
Hotel Indigo
710 Camino del Mar, Del Mar, California

CALL TO ORDER
Mayor Druker called the meeting to order at 8:57 A.M.

ROLL CALL

Present: Mayor Dave Druker; Deputy Mayor Terry Gaasterland; Councilmembers Tracy Martinez and Dwight Worden; City Manager Ashley Jones; and Assistant City Manager Clem Brown

Absent: Councilmember Dan Quirk

CITY COUNCIL BUSINESS
The Mayor welcomed those in attendance and opened the meeting for public comment. There were no public speakers. There was one member of the public present, but they did not wish to speak.

The facilitator, Sommer Kehrli, Ph.D., with The Centre for Organization Effectiveness, gave an overview of the agenda that included a discussion of the Council’s individual and collective strengths, overview of the City Council – City Manager form of government and the six roles of a governing body, various governance roles in reaching effective partnerships with other agencies, and an open discussion on specific Council items that were informed by pre-retreat interviews. The Council, City Manager, and Assistant City Manager participated in several group exercises using the results of their individual CliftonStrengths assessments with the goal of increasing selfawareness, better understanding what each is bringing to the team, and enhancing performance.

The retreat concluded with an open discussion on several topics including how to streamline City Council meetings to encourage more participation by the public; importance of Councilmembers communicating their questions and concerns about topics to be considered by the Council to the City Manager in advance of the Council meeting; importance of Councilmembers keeping each other informed about their regional and local appointments and interest in using a written report template that could be included in the Council agenda packet; shortening staff presentations when appropriate; and consideration to include more items on the Consent Calendar.

ADJOURNMENT
Mayor Druker adjourned the meeting at 2:10 P.M.

Clem Brown, Assistant City Manager
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: May 6, 2024
SUBJECT: Second Reading and Adoption of Density Bonus Ordinance to Implement State Law and Housing Element Program 1G
REQUESTED ACTION/RECOMMENDATION:

It is recommended that the City Council adopt the Ordinance (Attachment A) to repeal and replace the existing density bonus regulations in Del Mar Municipal Code (DMMC) Chapter 30.90 in compliance with the City’s certified 6th Cycle Housing Element (2021-2029) Program 1G and State Density Bonus Law (California Government Code Sections 65915, et seq.) DISCUSSION/ANALYSIS:

On April 15, 2024, the City Council unanimously introduced an Ordinance to repeal and replace the existing density bonus regulations in DMMC Chapter 30.90 in compliance with the City’s Housing Element and State Law. The Ordinance is required to implement the City’s 6th Cycle Housing Element (2021-2029) Program 1G commitment to demonstrate compliance with State Density Bonus Law (DBL). Failure to adopt an Ordinance does not relieve the City from complying with the State DBL.

The Ordinance generally defers to the current State law in effect and specifies how density bonus projects will be processed locally in a manner that implements the goals, objectives, and policies of the Del Mar Community Plan, including the Housing Element, and the certified Local Coastal Program (LCP). The Ordinance would take effect 30 days from the date of adoption since DMMC Chapter 30.90 is not a part of the City’s certified LCP, and therefore is not subject to approval by the Coastal Commission. The Ordinance is simply implementing the requirements of State DBL consistent with its certified LCP.

Additional details can be accessed in the City Council Agenda Report on April 15, 2024:
https://www.delmar.ca.us/AgendaCenter/ViewFile/Agenda/_04152024-3436 HOUSING IMPACT: Adoption of the Ordinance will specify that the City of Del Mar implements the current State DBL in effect at the time of the proposed development application. This action will also fulfill the City’s commitment in the certified 6th Cycle Housing Element (Program 1G). 1 May 6, 2024 Item 07
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FISCAL IMPACT: There is no fiscal impact or action to be taken by the Council related to this agenda item.

ENVIRONMENTAL IMPACT: Ordinance Section Three identifies that the California Environmental Quality Act (CEQA) determination for the project per CEQA Guidelines Section 15162 is based on substantial evidence in the record that the certified 6th Cycle Housing Element Final Program Environmental Impact Report (PEIR) covers the proposed actions and no further environmental document is required. The 6th Cycle Housing Element PEIR and associated Mitigation, Monitoring, and Reporting Program was certified by the City Council on October 5, 2020 (State Clearinghouse (SCH) No. 2020029064). The Final PEIR is available at:
www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 The Ordinance would not result in significant effects on the environment or an increase in the severity of effects on the environment as previously analyzed and identified in the Final PEIR.

The ordinance is simply implementing the existing State DBL. Future projects will be subject to additional CEQA analysis at the project level as applicable. At a minimum, future development will be required to comply with the 6th Cycle PEIR MMRP mitigation measures and objective standards of the City’s certified LCP. Pursuant to CEQA Guidelines Section 15162, no further environmental documentation is necessary.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

The amendments relate to a Tier 1 priority City Council special project that is required by the Housing Element to be completed by June 2024.

ATTACHMENTS:

Attachment A – Ordinance to Amend the City’s Zoning Regulations/Certified LCP Attachment B – Summary of State Density Bonus Law
2 May 6, 2024 Item 07

ATTACHMENT A
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

DEL MAR, CALIFORNIA, TO REPEAL AND REPLACE THE
DEL MAR MUNICIPAL CODE CHAPTER 30.90 DENSITY

BONUS REGULATIONS FOR CONSISTENCY WITH STATE

DENSITY BONUS LAW IN ACCORDANCE WITH
CALIFORNIA GOVERNMENT CODE SECTIONS 65915 ET
SEQ., RELATING TO IMPLEMENTATION OF THE 6TH
CYCLE HOUSING ELEMENT PROGRAM 1G
WHEREAS, the City of Del Mar is a charter city and State housing law applies to all general law and charter cities in the State of California; and WHEREAS, the State legislature declared that “housing is a statewide concern”, that California faces a housing crisis, and local jurisdictions are mandated to comply with applicable State housing laws; and
WHEREAS, the City of Del Mar Community Plan is the General Plan for the City and has an overall goal to “preserve and enhance the special character of Del Mar”, which includes maintaining the “village-like community of substantially single family residential character, a picturesque and rugged site, and a beautiful beach” as well as preserving and enhancing “Del Mar’s special residential character and small town atmosphere with its harmonious blending of buildings and landscape in proximity to a beautiful shoreline”; and
WHEREAS, the City’s certified Housing Element is one of many required components that is part of the Del Mar Community Plan consistent with State laws applicable to General Plans; and
WHEREAS, the certified Housing Element identifies programs and resources required for the preservation, improvement, and production of housing to meet the existing and projected needs of its population which requires the creation of additional affordable housing stock; and
WHEREAS, the certified Housing Element for the 6th Cycle (2021-2029) requires the City to accommodate a regional housing need allocation (RHNA) of 163 housing units, comprised of 37 very-low income units, 64 low-income units, 31 moderate-income units, and 31 above moderate-income units, and an additional 12 low income unit “carryover” from the 5th Cycle planning period (2013-2021) for a total obligation of 175 units, including 113 lower income units as well as 100 additional opportunities for moderate income households, lower income households, and special needs households; and WHEREAS, the City has made and continues to make progress toward its housing programs and housing production targets in its certified Housing Element; and 3 May 6, 2024 Item 07
Ordinance No. XXXX

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WHEREAS, the City is required to implement State Density Bonus Law (DBL) in accordance with Government Code Sections 65915 et seq.; and WHEREAS, failure to adopt this Ordinance will not relieve the City from complying with the current State law in effect; and
WHEREAS, the California Coastal Act is not preempted by State DBL; and WHEREAS, the City of Del Mar is located entirely within the “Coastal Zone” boundary and is therefore subject to full compliance with the California Coastal Act, which at the local level is implemented by the City’s certified Local Coastal Program (LCP); and WHEREAS, State DBL applies the Coastal Act protections for environmental resources, public scenic views, coastal access, and public safety in coastal hazard areas to ensure they will not be compromised by housing development; and WHEREAS, future proposed Density Bonus project developments must comply with current State DBL, the California Coastal Act, and the City’s certified LCP and may be approved at a density above the maximum set in the Del Mar Community Plan, Zoning Code, and LCP if a certain number of units are income-restricted and reserved for affordable housing (very low, low, and moderate-income households); and WHEREAS, State DBL provides that the California Coastal Act is not superseded, in any way altered, or lessened by its application; and WHEREAS, density bonus project applicants must provide reasonable documentation to explain how requests for incentives will reduce development costs to build a project and demonstrate how waiver requests would provide relief from standards that otherwise would physically preclude development of a project without waiver approval; and
WHEREAS, the City has significant coastal resources that require protection under the Coastal Act, including but not limited to, the protection of scenic public coastal views which are found throughout the community, preservation of public access and recreation opportunities that must be assured including public access to the beach, viewpoints, and trail connections to the bluffs, lagoons, and open space preserve areas along the shoreline, and protection of environmentally sensitive habitat areas and coastal resources such as coastal bluffs, sandstone bluffs, wetlands, lagoons, river inlets, and protected tree species native to the City including Torrey Pines and Monterrey Cypress trees; and WHEREAS, in order to effectively implement applicable State housing laws, the City must harmonize the Coastal Act and the City’s LCP policies and regulations with the State’s housing laws to ensure protection of sensitive coastal habitats and resources, public coastal view sheds, coastal parking for public access, and public health and safety; and
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WHEREAS, the Notice of Planning Commission public hearing was posted in the Coast News and at City Hall on February 29, 2024; and
WHEREAS, on March 12, 2024, the Planning Commission unanimously recommended approval to the City Council; and
WHEREAS, on March 29, 2024, the notice of City Council public hearing was published in the Coast News; and
WHEREAS, adoption of this Ordinance will implement the 6th Cycle Housing Element commitment in Housing Element Program 1G.

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

SECTION ONE: That the City Council of the City of Del Mar, California, based on substantial evidence in the whole of the administrative record, hereby finds and declares that the above stated Recitals are true and correct and are incorporated by reference into this action.

SECTION TWO: That existing DMMC Chapter 30.90 shall be repealed and replaced in its entirety as follows:

Chapter 30.90 DENSITY BONUS

30.90.010 Purpose.

The purpose of this Chapter is to implement the State Density Bonus Law (California Government Code Section 65915 et seq., as may be amended from time to time) and specify the regulatory framework for providing density bonuses and incentives, waivers, and reductions in development standards for qualifying residential housing developments that propose affordable housing as those costs are provided for in California Health and Safety Code Section 50052.5. The intent of this Chapter is to encourage and facilitate the development of affordable housing consistent with the State Density Bonus law and to implement the goals, objectives, and policies of the Del Mar Community Plan, including the current Housing Element and Local Coastal Program.

If any portion of this Chapter conflicts with State Density Bonus Law or other applicable State law, then State law shall apply. Any ambiguities that may be found in this Chapter shall be interpreted in a manner to be consistent with State Density Bonus Law and with the City’s certified Local Coastal Program.

30.90.020 Definitions.

The definitions found in the State Density Bonus Law shall apply to the terms contained in this Chapter.
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30.90.030 Applicability.

A. A proposed housing development, as that term is defined by State Density Bonus Law, shall be eligible for a density bonus and other regulatory incentives provided by State Density Bonus Law, when the applicant, through submittal of an application in accordance with Section 30.90.040, seeks and agrees to provide dwelling units for very-low, low- or moderate-income households, senior households, transitional foster youth, disabled veterans, homeless persons, or lower income students in the threshold amounts specified by State Density Bonus Law.

B. The granting of a density bonus, concession or incentive pursuant to this Chapter shall not be interpreted, in and of itself, to require any of the following:

1. An amendment to the Del Mar Community Plan, Del Mar Zoning Code, or Del Mar Local Coastal Program; or

2. The waiver of a City ordinance or provisions of a City ordinance unrelated to development standards, a zoning change, study or other discretionary approval by the City.

30.90.040 Application Procedure.

A. An application requesting a density bonus, concession or incentive, waiver or reduction of development standards, adjusted parking ratios, or any combination thereof, shall be filed with the City in writing, on a form approved by the Planning and Community Development Director (Director).

B. The application shall be submitted to the City concurrently with the filing of any other entitlements required for the proposed housing development and the required application fee(s) established by City Council Resolution to recover the City’s administrative costs of processing the application.

C. The application shall contain information sufficient to allow the City to fully evaluate the request under the requirements of this Chapter and State Density Bonus Law, including, without limitation, the following minimum information:

1. Requested Density Bonus.
a. Summary table showing the maximum number of dwelling units permitted by the zoning and Del Mar Community Plan (excluding any density bonus units), number of proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.
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b. A tentative map or preliminary site plan (drawn to scale) showing the number and location of all proposed units and designating the location of proposed affordable units and density bonus units. c. The zoning and Community Plan designations and Assessor’s Parcel Number(s) of the housing development site.
d. A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period and whether they were rented as affordable units.
i. If dwelling units on the site are currently rented, identify the income and household size of all residents of currently occupied units, if known.
ii. If any dwelling units on the site were rented in the five-year period but are not currently rented, identify the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling
units, if known.
e. Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low-income or low-income households in the five-year period preceding the date of submittal of the application.
f. Any other information the Director reasonably determines necessary to process and evaluate the application consistent with State Density Bonus Law.

2. Requested Concessions or Incentives. If concessions or incentives are requested pursuant to State Density Bonus Law, the application shall include the following minimum information for each concession or incentive requested, shown on a site plan (if appropriate):
a. The applicable development standards of the base zone and overlay zones (base development standards) and the requested concession or regulatory incentive for each development standard where requested.
b. Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show why any requested concession or incentive will reduce affordable housing costs or rents.
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c. If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the costs of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs and rents.
d. If relief from a requirement for mixed-use zoning is proposed, reasonable documentation that residential use without a commercial component is compatible with the existing and planned development in the area where the proposed housing development will be located, and that not including a proposed commercial development will provide for affordable housing costs and rents.

3. Requested Waivers or Reductions of Development Standards. If waivers or reductions of development standards are requested pursuant to State Density Bonus Law, the application shall include the following minimum information for each waiver requested, shown on a site plan (if appropriate):
a. The applicable development standards of the base zone and overlay zones (base development standards) and the requested waiver or reduction of standards for each base development standard where requested.
b. Reasonable documentation that the development standards for which a waiver or reduction of a development standard is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by California Government Code Section 65915.

4. Requested Adjusted Parking Ratios. If adjusted parking ratios are requested pursuant to State Density Bonus Law, the application shall include a table showing parking proposed under State Density Bonus Law in compliance with Government Code Section 65915(p) and Section

30.90.090, and reasonable documentation that the project is eligible for the requested parking reduction.

5. Donation of Land. If a density bonus is requested for the donation of land to the City, the application shall include the location of the land to be dedicated, proof of site control, proof of any debt associated with the land, and reasonable documentation that the requirements of Government Code Section 65915(g) can be met.
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6. Childcare Facility. If a density bonus or incentive is requested for a childcare facility in a housing development pursuant to Government Code Section 65915(h), the application shall include reasonable documentation that the requirements of Government Code Section 65915(h) can be met.

7. Condominium Conversion. If a density bonus or incentive is requested for a condominium conversion of five or more units, the application shall include reasonable documentation that the requirements of Government Code Section 65915.5 and Del Mar Municipal Code Chapter 24.21 (Condominium Conversions) can be met.

8. Commercial Development Bonus. If a “development bonus”, as defined by State Density Bonus Law, is requested for a commercial development project, the application shall include reasonable documentation that the requirements of Government Code Section 65915.7 can be met, which includes (where applicable) an agreement between the developer and a partnered affordable housing organization that allows for a contribution of affordable housing through a joint project or two separate projects encompassing affordable housing.

30.90.050 Local Coastal Program Consistency.

A. State Density Bonus Law provides that it shall not be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Public Resources Code Section 30000 et seq.), and further provides that the granting of a density bonus, concession or incentive shall not be interpreted, in and of itself, to require a Local Coastal Program amendment.

B. The requested density bonus and any requested incentive or concession, waiver or reduction of development standards, adjusted parking ratios, or any combination thereof, shall be consistent with the policies of the certified Local Coastal Program and shall have no significant adverse impacts to coastal resources or the environment, including but not limited to, preservation of public access to the shoreline, and protections for public scenic views, environmentally sensitive habitat areas, and public health and safety in coastal hazard areas.

C. For the purposes of Section 30.90.050:

1. “Coastal resources” means any resource which is afforded protection under the policies of Chapter 3 of the California Coastal Act (Public Resources Code Section 30200 et seq.), including but not limited to, public access, marine and other aquatic resources, environmentally sensitive habitat, and the visual quality of coastal areas.

2. “Environment” as defined by Public Resources Code Sections 21060.5 and 21083 means the physical conditions which exist within the area which will 9 May 6, 2024 Item 07
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be affected by a proposed project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historical or aesthetic significance.

The area involved shall be the area in which significant effects would occur either directly or indirectly as a result of the project. The environment includes both natural and human-made conditions.

30.90.060 Review and Determination.

A. The City shall process an application within thirty (30) calendar days after receiving the application and shall notify the applicant in writing whether or not the application is deemed complete in a manner consistent with Government Code Section 65943. If additional time is required for the City to review an application, the City shall inform the applicant in writing of the reason for the additional time necessary to review the application.

B. If the City notifies the applicant that the application is deemed complete pursuant to Section 30.90.060(A), the City shall also provide the applicant with the following determinations, which shall be based on the development project at the time the application is deemed complete, and may be adjusted by the City based on any changes to the project during the course of development:

1. The amount of density bonus for which the applicant may be eligible;

2. If an adjusted parking ratio is requested, the parking ratio for which the applicant may be eligible; and

3. If an incentive or concession, or waiver or reduction of development standards has been requested, whether the applicant has provided adequate information for the City to make a determination as to those incentives, concessions, waivers, or reductions in development standards and if adequate information has not been provided, a list of what necessary information is required.

C. To ensure that an application for housing development conforms with the provisions of State Density Bonus Law and the Coastal Act, the record of decision shall state whether the application conforms to the following requirements under State law, as applicable:

1. That the housing development provides the housing required by State Density Bonus Law to be eligible for the density bonus and any requested incentive or concession, waiver or reduction of development standards, adjusted parking ratios, or any combination thereof, including the replacement of units rented or formerly rented to very low-income and lowincome households as required by Government Code Section 65915(c)(3). 10 May 6, 2024 Item 07
Ordinance No. XXXX

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2. If an incentive or concession is requested, that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for affordable rents, as defined in Health and Safety Code Section 50053; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code Section 65915(k)(2).

3. If a waiver or reduction of development standards is requested, that the housing development project is eligible for a waiver, and the development standards for which a waiver is requested would have the effect of physically precluding the construction of the housing development at the densities or with the concessions or incentives permitted by State Density Bonus Law.

4. If parking reductions are requested, that the housing development is eligible for any requested parking reductions under Government Code Section 65915(p).

5. If the density bonus is based, all or in part, on donation of land, that all requirements in Government Code Section 65915(g) have been met.

6. If the density bonus or incentive is based, all or in part, on the inclusion of a childcare facility, that all requirements in Government Code Section 65915(h) have been met.

7. If the density bonus or incentive is based, all or in part, on the inclusion of a condominium conversion, that the requirements in Government Code Section 65915.5 and Del Mar Municipal Code Chapter 24.21 (Condominium Conversions) have been met.

8. That the requested density bonus, and any requested incentive or concession, waiver or reduction of development standards, adjusted parking ratios, or any combination thereof, is consistent with all applicable requirements of the certified Local Coastal Program.

D. The City shall grant an incentive or concession requested by the applicant unless it makes a written finding to deny, based upon substantial evidence, of any of the following:

1. That the incentive or concession does not result in identifiable and actual cost reductions consistent with State Density Bonus Law to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for affordable rents, as defined in Health and Safety Code Section 50053; or
11 May 6, 2024 Item 07
Ordinance No. XXXX

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2. That the requested incentive or concession would have a specific, adverse impact upon public health or safety or on any real property listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderateincome households. For purposes of this subsection, “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete, as defined in Government Code Section 65589.5(d)(2); or

3. That the incentive or concession would be contrary to State or Federal law.

E. The City shall grant the waiver or reduction of development standards requested by the applicant unless it makes a written finding to deny, based upon substantial evidence, of any of the following:

1. That the waiver or reduction would have a specific, adverse impact upon health, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. For purposes of this subsection, “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete, as defined in Government Code Section 65589.5(d)(2); or

2. That the waiver or reduction of development standards would have an adverse impact on any real property listed in the California Register of Historic Resources; or

3. That the requested waiver would be contrary to State or Federal law.

F. The City may deny a density bonus or incentive for a childcare facility if it makes a written finding, based on substantial evidence, that the community has adequate childcare facilities.

30.90.070 Affordable Housing Agreement.

A. An applicant seeking a density bonus for a housing development shall enter into an affordable housing agreement with the City, on a form approved by the City, to ensure the continued affordability of the units pursuant to State Density Bonus Law. Following execution of the agreement by all parties, the completed agreement shall be recorded by the applicant as a deed restriction against the property on which the project will be located. The agreement shall run with the land and be binding on all future owners and successors in interest of the property. 12 May 6, 2024 Item 07
Ordinance No. XXXX

Page 11 of 16 ends

The approval and recordation of the agreement shall take place prior to final map approval, or where a map is not processed, prior to issuance of any building permit for the property on which the project will be located.

B. For rental projects, the affordable housing requirement shall require the continued affordability of all rental units that qualified the applicant for the receipt of the density bonus, incentive or concession, waiver or reduction of development standards, or adjusted parking ratio for a minimum of fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; shall specify the eligible occupants; and shall specify phasing of the affordable units in relocation to the market-rate units. Rents for the lower income units shall be set at an affordable rent as defined by State Density Bonus Law.

C. For for-sale projects, the affordable housing requirement shall require that, the initial purchasers of those for-sale units that qualified the applicant for the receipt of the density bonus, incentive or concession, waiver or reduction of development standards, or adjusted parking ratio, are persons and households of lower or moderate income, as applicable, or if not purchased by lower or moderate income households within 180 days after the issuance of the certificate of occupancy, then pursuant to Government Code Section 65915(c), the units will be purchased by a qualified non-profit housing corporation as defined by State Density Bonus Law; and that the units will then be offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5. The City shall enforce an equity sharing agreement consistent with State Density Bonus Law unless it is in conflict with the requirements of another public funding source or law.

D. Where a density bonus, incentive or concession, waiver or reduction of development standards, or adjusted parking ratio is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the City, running with the land, in a form approved by the City, requiring the housing development to be operated as “housing for older persons” consistent with State and Federal fair housing laws.

E. The affordable housing agreement shall also include the following information:

1. The number of units approved for the housing development, including the number and type of affordable and density bonus units;

2. The location, unit size(s) (square footage), and number of bedrooms of affordable units;

3. Schedule for production of affordable units;
13 May 6, 2024 Item 07
Ordinance No. XXXX

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4. Incentives or concessions or waiver or reduction of development standards provided by the City;

5. Where applicable, limits on tenure and conditions governing the initial sale of the affordable units;

6. Where applicable, tenure and conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units for affordable rental dwelling units;

7. Compliance with State and Federal laws;

8. Prohibition against discrimination;

9. Indemnification of City;

10. City’s right to inspect units and documents; and

11. Remedies; and

12. Any additional information or documentation that may be required by the City.

30.90.080 Density Bonus Calculation.

A. In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

B. When calculating the number of affordable units needed for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.

C. Each housing development is entitled to only one density bonus for the life of that development. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.

D. The density bonus units shall not be included when determining the number of affordable units required to qualify a housing development for a density bonus pursuant to State Density Bonus Law.

E. The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled, or no density bonus, but no reduction will be permitted in the percentages of required affordable units contained in Government Code Section 65915, subdivisions (b), (c), and (f). Regardless of the number of 14 May 6, 2024 Item 07
Ordinance No. XXXX

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affordable units, no housing development shall be entitled to a density bonus higher than what is authorized under State Density Bonus Law.

30.90.090 Incentives; Parking Reductions.

A. Incentives are those defined by State Density Bonus Law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law.

B. If a housing development is eligible for a density bonus pursuant to State Density Bonus Law, the applicant may request an onsite vehicular parking ratio specified in Government Code Section 65915(p).

C. Nothing in this Chapter requires the provision of direct financial incentives for the housing development, including but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or the waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives.

30.90.100 Project Standards.

A. Building permits and final inspections or certificates of occupancy shall be issued concurrently for the market rate units and affordable units.

B. Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development and be consistent with the City’s design review objective standards. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality.

C. To comply with fair housing laws, the affordable units shall contain the same or more proportional mix of bedroom sizes as the market-rate units.

D. In mixed-income buildings, the occupants of the affordable units shall have the same access to the common entrances and to the common areas, parking, and amenities of the project as the occupants of the market-rate housing units, and the affordable units shall be located throughout the building and not isolated on one floor or to an area on a specific floor.

30.90.110 Enforcement.

The regulations of this Chapter, including the terms of any density bonus housing agreement or documents prepared to administer the affordability and eligibility requirements, shall be enforced according to the provisions in Del Mar Municipal Code Chapter 1.08.
15 May 6, 2024 Item 07
Ordinance No. XXXX

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30.90.120 Appeal Process.

A. An appeal by an applicant or interested person seeking City Council review of a determination made pursuant to this Chapter shall be filed in accordance with Del Mar Municipal Code Chapter 1.12.

B. An applicant may also elect to initiate judicial proceedings to contest the City’s denial of an application for a density bonus, incentive or concession, as authorized under State Density Bonus Law.

30.90.130 Severability.

Should a court of competent jurisdiction determine that these regulations are void or if certain terms or provisions are voided, then those regulations shall either become void in their entirety or where the courts have determined that certain terms or provisions are void by operation of the law then those terms and provisions shall have no force or effect.

SECTION THREE:

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

SECTION FOUR:

This Ordinance was introduced by the City Council on April 15, 2024.

SECTION FIVE:

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

SECTION SIX:

If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance.
16 May 6, 2024 Item 07
Ordinance No. XXXX

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SECTION SEVEN:

The Ordinance will take effect and be in force 30 days from the date that the City Council takes action to adopt the Ordinance.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 6th day of May 2024.
________________________________
Dave Druker, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
17 May 6, 2024 Item 07
Ordinance No. XXXX

Page 16 of 16 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 6th day of May, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
18 May 6, 2024 Item 07

ATTACHMENT B
1 SUMMARY OF DENSITY BONUS LAW
Background on State Density Bonus Law (DBL) - Government Code § 65915 Allows housing or mixed-use development at a density above maximum set in the General Plan (Del Mar Community Plan) and Zoning Code. In exchange for increased density, a certain number of the units must be income-restricted and reserved for very-low income, low-income, or moderate-income households. The Coastal Act and policies of the certified Local Coastal Program apply to DBL projects. DBL provides three types of benefits that qualifying applicants may request from the City to facilitate affordable housing development:
1) Incentives or concessions that provide project cost reductions; 2) Waivers and reductions of development standards that would physically preclude project development at the density permitted per DBL and with incentives granted per DBL; and 3) Reductions in parking requirements per Government Code § 65915(p).

Project Eligibility and Location
Any housing development that proposes five or more dwelling units and incorporates at least one of the housing-related requirements below is eligible for a density bonus:

Density Bonus awarded per Project Type per State Density Bonus Law Projects with 5% “Very Low Income”, 10% “Low Income”, or 20% “Moderate Income” rental units restricted for at least 55 years 20% density
bonus
Projects with 10% “Very Low Income” units for transitional foster youth, disabled veterans, or homeless restricted at least 55 years Senior housing projects that limit age of tenants, not the income (Civil Code § 51.3 and 51.12)
Projects with 15% “Very Low Income”, 24% “Low Income”, or 44% “Moderate Income” rental units restricted for at least 55 years 50% density
Projects with 100% affordable units (excluding manager unit) with max bonus 20% moderate units
Projects that donate land (at least one acre) for very low-income (Gov Code § 65915(g))
15% to 35%
density bonus
Projects that provide a child care facility
(Gov Code §65915(h))
Equivalent
square footage
of child care
facility for bonus
units
Potential DBL project locations include the North Commercial and Professional Commercial Zones and will include the Central Commercial Zone (Ordinance pending per Housing Element). 19 May 6, 2024 Item 07

ATTACHMENT B
2 Maximum Density Bonus
Opportunities for a project density bonus are set on a sliding scale based on percentage of units in the project that will be set aside as income-restricted; and number of units in specified household income categories (very low, low, or moderate). The maximum density bonus that can be awarded is 50% of the base units (pre-density bonus), which applies to projects that include at least 44% moderate-income units or 24% low-income units or 15% very low-income units. The density bonus calculation is based on the allowable density of the base zone. No additional density will be awarded beyond the 50% density bonus.

Incentives/Concessions and Determination of Economic Infeasibility An applicant may request incentives/concessions to reduce costs to build a DBL project with affordable units. Incentives and concessions have the same meaning under DBL. Typically, development projects must comply with design standards and development regulations (i.e., height, floor area ratio, lot coverage, and setbacks). DBL allows projects to deviate from design standards and development regulations if the standard regulations would make the project economically infeasible to build. Requested incentives or concessions must result in identifiable and actual cost reductions for affordable housing development. An applicant shall provide reasonable documentation to explain how the request will reduce costs to build the project. The City may deny an incentive or concession if it finds it would be contrary to state or federal law, or would have a specific, adverse and unavoidable impact on public health, safety or on a listed historic property.

DBL allows up to five “incentives” to be requested based on the number of income-restricted units:

Income
Category % of Reserved Units
Very Low 5% 10% 15% 16% 100% lower
income
(up to 20%
moderate
income)
Low 10% 17% 24% N/A
Moderate 10%
for sale
20%
for sale
30%
for sale
45%
for sale
Senior N/A N/A 100% N/A N/A
Maximum
Incentives 1 2 3 4 5
Waivers and Determination of Physical Infeasibility
A waiver is a reduction or modification of “development standards” and other regulations when those requirements would make project construction physically infeasible without waiver approval. “Development standards” includes a site or construction condition, including, but not limited to, height, setbacks, floor area, open space requirements or parking. The determination of physical infeasibility considers the density permitted per DBL and scenarios with project incentive(s) granted. There is no limit to the number of waivers an applicant can request.

However, waiver requests must be accompanied by reasonable documentation that explains the request and visually demonstrates in exhibits that the existing development standard, if not waived or reduced, would physically preclude development of the project. The City may deny a waiver if it finds it would be contrary to state or federal law, or would have a specific, adverse and unavoidable impact on public health, safety or on a listed historic property. 20 May 6, 2024 Item 07
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Sarah Krietor, Administrative Services Manager
Kseniia Izgarskaia, Senior Management Analyst
Via Ashley Jones, City Manager
DATE: May 6, 2024
SUBJECT: Amendments to the City’s Personnel Rules and Regulations Manual REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council adopt the Resolution (Attachment A) amending the City’s Personnel Rules and Regulations Manual (Exhibit A to Attachment A) to comply with changes to state legislation related to sick and bereavement leaves.

DISCUSSION/ANALYSIS:

The City of Del Mar Personnel Rules and Regulations Manual (Personnel Rules) outlines the benefits, rules, and personnel policies applicable to City of Del Mar (City) employees, which exist to ensure consistent and fair treatment of all City employees. From time to time, it is necessary for the City to revise its Personnel Rules due to changes in state or federal law and/or industry best practices. Recent state legislation expanded the required duration of employer-provided paid sick leave which impacts the City’s part-time seasonal employees.

The legislation also changed California employer obligations for granting leave for reproductive loss events. Additionally, staff recommends administrative updates to improve consistency of definitions related to family medical leave and bereavement leave.

Sick Leave for Part-Time, Temporary Employees
Currently, the City’s Personnel Rules and Regulations Manual Section 11.02.1 - Sick Leave for Part-Time, Temporary Employees provides part-time seasonal employees with paid sick leave accrued at the rate of one (1) hour of paid sick leave for every thirty (30) hours worked, with the maximum accrual of 24 hours in a 12-month period.

On October 4, 2023, Governor Newsom signed Senate Bill 616 (SB 616) into law effective January 1, 2024, amending California Labor Code sections 245.5, 246, and 246.5 and increasing the required amount of employer-provided sick leave to a minimum of forty (40) hours or 5 days, whichever is greater, per each calendar year or 12-month period. The City’s current sick leave accrual practices for all full-time regular employees are compliant with the new legislation; however, changes are required for part-time, seasonal employees.

The proposed revisions to the Personnel Rules Section 11.02.1 (Attachment B) implement the provisions of SB 616 by increasing the amount of paid sick leave for part-time seasonal employees from 24 hours to 40 hours per 12-month period. In order to streamline the process 1 May 6, 2024 Item 08
Amendments to the Personnel Rules and Regulations Manual City Council Agenda Report
May 6, 2024

Page 2 of 2 ends

and make it more operationally practicable, the proposed amendment would also eliminate the accrual method and switch to crediting sick leave as an upfront bank each 12-month period, with a 90-day waiting period for new employees to use the leave. Additionally, staff recommends administrative changes to section 11.02.01(b)(4)(b) to add clarifications related to the use of sick leave to care for a family member and align the definitions with those provided in Section 11.14 Family Care Leave.

Bereavement Leave
The City’s Personnel Rules and Regulations Manual Section 11.03 - Bereavement Leave, currently provides employees with three (3) paid days of bereavement leave and the option for employees to use an additional three (3) days of their accrued leave balances.

On October 10, 2023, Governor Newsom signed Senate Bill 848 (SB 848) that enacted Government Code Section 12945.6 and created protected leave for reproductive loss events.

A reproductive loss event means “the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.” Under SB 848, employees are entitled to take up to five (5) days of reproductive loss leave (which may be taken nonconsecutively) per reproductive loss event and up to a total amount of 20 days of reproductive loss leave within a 12-month period.

Staff is proposing revisions to Personnel Rules Section 11.03 - Bereavement Leave (Attachment C) implementing the requirements of SB 848 to add reproductive loss events to the list of qualifying events for taking bereavement leave. Reproductive loss bereavement leave must be taken within three (3) months of the reproductive loss event. If, prior to or immediately following a reproductive loss event, an employee is on or chooses to go on Pregnancy Disability Leave, under the California Family Rights Act, or any other leave entitlement under state or federal law, the employee must complete their reproductive loss leave within three (3) months of the end date of the other leave.

Other Administrative Updates
Staff also recommends administrative updates to Personnel Rules Section 11.02 – Sick Leave for Full-Time Employees to align family definitions with those provided in Section 11.14 Family Care Leave, remove language that no longer applies, and ensure consistency with other applicable provisions related to sick leave. A redlined Section 11.02 with the recommended changes is provided as Attachment D.

FISCAL IMPACT:

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

ATTACHMENTS:

Attachment A – Resolution Amending the Personnel Rules and Regulations Manual Exhibit A to Attachment A - Amended Personnel Rules and Regulations Manual Attachment B – Redlined Section 11.02.1 – Sick Leave for Part-Time, Temporary Employees Attachment C – Redlined Section 11.03 – Bereavement Leave Attachment D – Redlined Section 11.02 – Sick Leave for Full-Time Employees 2 May 6, 2024 Item 08
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING THE CITY’S PERSONNEL

RULES AND REGULATIONS MANUAL
WHEREAS, the purpose of the City’s Personnel Rules and Regulations Manual (Personnel Rules) is to outline the benefits, rules, and personnel policies applicable to employees of the City of Del Mar; and
WHEREAS, the Personnel Rules are designed as a guide to ensure consistent, fair, and uniform treatment of all City employees; and
WHEREAS, circumstances such as changes to state or federal law require that benefits, rules and policies described in the Personnel Rules change from time to time; and
WHEREAS, the City Council has reviewed and agreed to make revisions to the Personnel Rules in order to comply with legislative changes to California Labor Code sections 245.5, 246, and 246.5 (as amended by Senate Bill 616) and with Section 12945.6 of the California Government Code (as adopted by Senate Bill 848) that went into effect January 1, 2024; and
WHEREAS, the City Council has also agreed to make administrative revisions to the Personnel Rules pertaining to sick leave for full-time employees.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that:

1. The above recitals are true and correct.

2. Section 11.02.1 – Sick Leave for Part-Time, Temporary Employees; Section

11.03 – Bereavement Leave; and Section 11.02 – Sick Leave for Full-Time Employees of the Personnel Rules are hereby amended and approved by the City Council, and incorporated in the Personnel Rules as shown in Exhibit “A” to this Resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held on the 6th day of May 2024. ______________________________
Dave Druker, Mayor
City of Del Mar
3 May 6, 2024 Item 08
Resolution No. 2024-XX

Page 2 of 2 ends

APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 2024-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 6
th day of May, 2024, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
4 May 6, 2024 Item 08

11.02 Sick Leave for Full-Time Employees.
(a) The City provides a sick leave program for the purpose of minimizing the economic hardships that may result from an unexpected personal or dependent illness or injury. Sick leave should not be viewed as a right, but rather it is a privilege of paid time away from work duties where such absence is necessary.

(b) Accrual. Sick leave shall be accrued at the rate of eight (8) hours for each calendar month of service for all non-fire full-time employees. Fire employees who regularly work a schedule that averages fifty-six (56) hours per week shall accrue sick leave at the rate of 11.6 hours for each calendar month of service. There shall be no limit to the amount of sick leave that an employee may accumulate. (c) Use.
(1) Sick leave may be used for personal illness or injury, emergency or routine medical or dental appointments, including pregnancy as provided in the Maternity Leave subsection, and for reasonable travel time to and from health care facilities.
(2) In accordance with the Healthy Workplaces, Healthy Families Act of 2014 (“California Paid Sick Leave Law”), an employee may use accrued paid sick leave for any of the following reasons:

(a) For the employee’s own diagnosis, care, or treatment of an existing health condition or preventative care.
(b) For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee’s family member, including:
i. Child (means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability including a biological, adopted, foster or step-child, legal ward, or a child of a person standing in loco parentis. In circumstances where an employee’s leave qualifies for CFRA, child means a biological, adopted, or foster child, a step child, a legal ward, a child of a domestic partner or a person to whom the employee stands loco parentis including any adult child over the age of 18).
ii. Spouse (means a husband or wife as defined or recognized under California State law for purposes of marriage) or Domestic Partner (Domestic partner has the same meaning as defined in section 297 of the California Family Code)
5 May 6, 2024 Item 08
iii. Parent (Parent means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child).
iv. Grandparent (means a parent of the employee’s parent) v. Grandchild (Grandchild means a child of the employee’s child). vi. Sibling (means a person related to another person by blood, adoption, or affinity through a common legal or biological parent).
vii. Designated Person (Any individual related by blood or whose association with the employee is equivalent to that of a family relationship. Must be identified at the time of the requested leave. Employees may identify one designated person per 12- month period).
(c) To obtain any relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate certification of the need for such services:
i. A temporary restraining order or restraining order.
ii. Other injunctive relief to help ensure the health, safety or welfare of themselves or their children.
iii. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
iv. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.
v. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
vi. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
(3) An employee shall provide reasonable advance notification of their need to use accrued paid sick leave to their supervisor if the need for paid sick leave use is foreseeable (e.g., doctor’s appointment scheduled in advance).

If the need for paid sick leave use is unforeseeable, the employee shall 6 May 6, 2024 Item 08
provide notice of the need for the leave to their supervisor as soon as is practicable.
(4) An employee who uses paid sick leave must do so in minimum increments of two hours of sick leave.
(5) Paid sick leave will not be considered hours worked for purposes of overtime calculation. An employee will not receive cash-out compensation for unused accrued paid sick leave upon termination, resignation, retirement or other separation from employment from the City. Unused accrued sick leave can be converted to service credit at the time of retirement from the City as allowed by law and the California Public Employees’ Retirement system (CalPERS) agreement.
(d) Personal Leave. Employees have the option of taking a maximum of up to three (3) days sick leave each year as personal leave days (subset of total accrued sick leave). An employee may take personal leave if the employee has a current sick leave balance that is at least equal to the number of personal leave days the employee opts to take. Employees are required to obtain approval from their Department Head prior to taking personal leave.
(e) Sick Leave Transfer. The purpose of this provision is to provide a means of alleviating personal financial hardship for employees who are suffering from a longterm catastrophic illness or injury, or desire to care for immediate family members suffering from such an illness or injury.

Under this provision an employee may transfer the monetary value of existing accrued sick leave hours, in eight hour increments, to another employee who is on an authorized unpaid leave of absence and who has exhausted or will exhaust available leave balances. An employee may transfer sick leave to another employee provided the donating employee has a remaining sick leave balance of at least one-hundred and twenty (120) hours.

The donated sick leave shall be the property of the City until distribution. The monetary value of the donated sick leave will be placed into an account administered by the Finance Manager. The funds shall be distributed to the receiving employee so as to maintain the receiving employee's regular pay. Said payments shall be subject to payroll taxes and authorized payroll deductions, but shall not be treated as time worked for the accrual of vacation, sick leave or other accruals or credits.

Any donated hours not used by the receiving employee will remain in the transfer account for use by other needy employees.
7 May 6, 2024 Item 08
Sick leave transfers are subject to the approval of the City Manager. An employee in need of a sick leave transfer in accordance with this provision shall make written application to the City Manager via their Department Head. The written request should outline the anticipated period of extended leave and the required sick leave hours.

Every effort will be made to assure that no pressure, either implicit or explicit, is placed on any employee by any other employee to make a donation or participate in a sick leave transfer.
(f) Sick Leave Conversion Employees who have a sick leave balance of 120 hours and who use 48 hours or less in a calendar year may convert the difference between 72 hours and the actual hours used from sick leave hours to vacation at a rate of one (1) vacation hour for two (2) sick leave hours. The conversion of sick leave to vacation shall be made during the month of January each year.

Converted vacation hours shall not be counted in an employee's accrued vacation balance when determining the maximum vacation accrual. Converted vacation hours in excess of the maximum vacation accrual must be used during the calendar year.
(g) Rehire. If an employee separates from employment with the City and is rehired by the City within one year of the date of separation, previously accrued and unused paid sick leave hours shall be reinstated not to exceed 48 hours of accrued leave. However, if a rehired employee had not yet worked the requisite 90 days of employment to use paid sick leave at the time of separation, the employee must still satisfy the 90 days of employment requirement collectively over the periods of employment with the City before any paid sick leave can be used. (h) Short Term Disability Insurance Benefits. Covered employees qualifying for Short Term Disability Insurance benefits (for non-industrial injuries/illnesses) may elect to coordinate Short Term Disability Insurance benefits with unused sick leave, such that the employee receives his/her usual gross salary. (i) In accordance with section 11.14 Family Medical Leave subsection (h) and the California Family Rights Act (CFRA) an employee may use their accrued sick leave balance for the care of a child, spouse or parent for a qualified serious health condition or in connection with the birth, adoption, or foster care of a child if mutually agreed upon by the City and the employee.
8 May 6, 2024 Item 08

11.02.1 Sick Leave for Part-Time, Temporary Employees
(a) The following policy applies only to Regular Part-time Employees, Temporary Employees, and Seasonal Employees.
(b) Effective January 1, 2024, as required by the California Paid Sick Leave Law the City of Del Mar will provide paid sick leave to Regular Part-time, Temporary, and Seasonal Employees as follows:
(1) An employee is credited a bank of forty (40) hours of sick leave at the start of employment with the City. An employee is not eligible to begin using any paid sick leave until after 90 days of employment with the City. (2) An employee is only allowed to use up to a maximum of forty (40) hours or five days, whichever is greater, of paid sick leave in a 12-month period, calculated based on the employee’s anniversary date.
(3) Any unused paid sick leave does not carryover year to year while continuously employed. Any unused paid sick leave shall expire on the employee’s anniversary date, and a new bank of forty (40) hours shall be credited to the employee each year in the pay period in which the employee’s anniversary falls.
(4) An employee may use up to five (5) days or 40 hours, whichever is greater, of paid sick leave in a 12-month period for any of the following reasons:
(a) For the employee’s own diagnosis, care, or treatment of an existing health condition or preventative care.
(b) For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee’s family member, including:
i. Child (means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability including a biological, adopted, foster or step-child, legal ward, or a child of a person standing in loco parentis. In circumstances where an employee’s leave qualifies for CFRA, child means a biological, adopted, or foster child, a step child, a legal ward, a child of a domestic partner or a person to whom the employee stands loco parentis including any adult child over the age of 18.).
ii. Spouse (means a husband or wife as defined or recognized under California State law for purposes of marriage) or Domestic 9 May 6, 2024 Item 08
Partner (Domestic partner has the same meaning as defined in section 297 of the California Family Code).
iii. Parent (Parent means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child.). iv. Grandparent. (Grandparent means a parent of the employee’s parent)
v. Grandchild. (Grandchild means a child of the employee’s child) vi. Sibling. (Sibling means a person related to another person by blood, adoption, or affinity through a common legal or biological parent.)
vii. Designated Person (any individual related by blood or whose association with the employee is equivalent to that of a family relationship. Must be identified at the time of the requested leave. Employees may identify one designated person per 12- month period).
(c) To obtain any relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate certification of the need for such services:
i. A temporary restraining order or restraining order.
ii. Other injunctive relief to help ensure the health, safety or welfare of themselves or their children.
iii. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
iv. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.
v. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
vi. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
10 May 6, 2024 Item 08
(5)An employee shall provide reasonable advance notification of their need to use accrued paid sick leave to their supervisor if the need for paid sick leave use is foreseeable (e.g., doctor’s appointment scheduled in advance). If the need for paid sick leave use is unforeseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as is practicable.
(6) An employee who uses paid sick leave must do so in minimum increments of two hours of sick leave.
(7) Paid sick leave will not be considered hours worked for purposes of overtime calculation.

An employee will not receive compensation for unused accrued paid sick leave upon termination, resignation, retirement or other separation from employment from the City. (8) If an employee separates from employment with the City and is re-hired by the City within one year of the date of separation, previously accrued and unused paid sick leave hours shall be reinstated to the extent required by law. However, if a rehired employee had not yet worked the requisite 90 days of employment to use paid sick leave at the time of separation, the employee must still satisfy the 90 days of employment requirement collectively over the periods of employment with the City before any paid sick leave can be used.
11 May 6, 2024 Item 08

11.03 Bereavement Leave.
(a) Employees may have three (3) paid work days leave of absence for each death in their immediate family for the purpose of bereavement, and for the arranging of and attendance at the funeral, or for each reproductive loss event as defined in Government Code Section 12945.6. Immediate family for the purpose of bereavement leave includes:

1.Spouse (means a husband or wife as defined or recognized under California State law for purposes of marriage),

2.Domestic partner (Domestic partner has the same meaning as defined in section 297 of the California Family Code),

3.Child (means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability including a biological, adopted, foster or step-child, legal ward, or a child of a person standing in loco parentis. In circumstances where an employee’s leave qualifies for CFRA, child means a biological, adopted, or foster child, a step child, a legal ward, a child of a domestic partner or a person to whom the employee stands loco parentis including any adult child over the age of 18),

4.Parent (means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child),

5.Sibling (means a person related to another person by blood, adoption, or affinity through a common legal or biological parent),

6.Grandparent (means a parent of the employee’s parent),

7.Grandchildr (means a child of the employee’s child),

8.Aunt, uncle;

9.The aforementioned can either be natural, step or in-law, or any person over which the employee acts as legal guardian.

10.Designated Person (Any individual related by blood or whose association with the employee is equivalent to that of a family relationship. Must be identified at the time of the requested leave. Employees may identify one designated person per 12-month period).
(b) Employees have the option to extend bereavement leave beyond the three (3) paid days provided, for a total of up to six (6) days. The employee may take up to three (3) additional unpaid days or use leave from his/her current accrued and available leave balances, such as vacation, personal leave, sick leave, or compensatory time off that is otherwise available to the employee. (c) The employee may be required to submit proof of relative's death before final approval of leave with pay is granted.
(d) Leave taken under these provisions must be taken within three (3) months of the death of the immediate family member but need not necessarily be taken on consecutive days. If, prior to or immediately following a reproductive loss event, 12 May 6, 2024 Item 08
an employee is on or chooses to go on Pregnancy Disability Leave, leave under the California Family Rights Act, or any other leave entitlement under state or federal law, the employee must complete their reproductive loss bereavement leave within three (3) months of the end date of the other leave. (e) Employees are eligible for this leave, as needed for each qualifying event, after thirty (30) days of employment.
(f) Eligible employees taking bereavement leave for reproductive loss events are entitled up to a total amount of 20 days of leave within a 12-month period. 13 May 6, 2024 Item 08

11.02.1 Sick Leave for Part-Time, Temporary Employees

(a) The following policy applies only to Regular Part-time Employees, Temporary Employees, and Seasonal Employees.
(b) Effective July 1, 2015January 1, 2024, as required by the California Paid Sick Leave Law the City of Del Mar will provide paid sick leave to Regular Part-time, Temporary, and Seasonal Employees as follows:
(1) An employee begins to accrue paid sick leave at the rate of one (1) hour of paid sick leave for every thirty (30) hours worked beginning on the first day of employment.is credited a bank of forty (40) hours of sick leave at the start of employment with the City. An employee is not eligible to begin using any accrued paid sick leave until after 90 days of employment with the City. (2) An employee is only allowed to use up to a maximum of three (3) days or 24forty (40) hours or five days, whichever is greater, of paid sick leave in a 12-month period, calculated based on the employee’s anniversary date. (3) An employee can only accrue paid sick leave up to a cap of six (6) days or 48 hours ongoing. Any unused accrued paid sick leave does not carryover year to year while continuously employed. up to the cap. An employee stops accruing sick leave when the cap is reached and will begin to accrue sick leave again when the total amount of accrued sick leave falls below the cap.

Any unused paid sick leave shall expireat the end of the calendar year on the employee’s anniversary date, and a new bank of forty (40) hours shall be credited to the employee in the first pay period of the calendar year each year in the pay period in which the employee’s anniversary falls. (4) An employee may use up to three five (53) days or 4024 hours, whichever is greater, of accrued paid sick leave in a 12-month period for any of the following reasons:
(a) For the employee’s own diagnosis, care, or treatment of an existing health condition or preventative care.
(a)(b) For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee’s family member, including:
i. Child (means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability including a biological, adopted, foster or step-child, legal ward, or a child of a person standing in loco parentis. In circumstances where an employee’s leave qualifies for CFRA, child means a biological, adopted, or foster child, a step child, a legal ward, a child of a domestic partner or a person 14 May 6, 2024 Item 08
to whom the employee stands loco parentis including any adult child over the age of 18.including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis).
ii. Spouse (means a husband or wife as defined or recognized under California State law for purposes of marriage) or Registered Domestic Partner (Domestic partner has the same meaning as defined in section 297 of the California Family Code). iii. Parent (Parent means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child.including biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child).
iv. Grandparent. (Grandparent means a parent of the employee’s parent)
v. Grandchild. (Grandchild means a child of the employee’s child) vi. Sibling. (Sibling means a person related to another person by blood, adoption, or affinity through a common legal or biological parent.)
vii. Designated Person (any individual related by blood or whose association with the employee is equivalent to that of a family relationship. Must be identified at the time of the requested leave. Employees may identify one designated person per 12- month period).
(b)(c) To obtain any relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate certification of the need for such services:
i. A temporary restraining order or restraining order.
ii. Other injunctive relief to help ensure the health, safety or welfare of themselves or their children.
iii. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
15 May 6, 2024 Item 08
iv. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.
v. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
vi. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
(5)An employee shall provide reasonable advance notification of their need to use accrued paid sick leave to their supervisor if the need for paid sick leave use is foreseeable (e.g., doctor’s appointment scheduled in advance). If the need for paid sick leave use is unforeseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as is practicable.
(6) An employee who uses paid sick leave must do so in minimum increments of two hours of sick leave.
(7) Paid sick leave will not be considered hours worked for purposes of overtime calculation.

11.03 Bereavement Leave.
(a) (a) Employees may have three (3) paid work days leave of absence for each death in their immediate family for the purpose of bereavement, and for the arranging of and attendance at, the funeral, or for each reproductive loss event as defined in Government Code Section 12945.6. Immediate family for the purpose of bereavement leave includes:

1. Spouse (means a husband or wife as defined or recognized under California State law for purposes of marriage),

2. Ddomestic partner (Domestic partner has the same meaning as defined in section 297 of the California Family Code),

3. Cchild (means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability including a biological, adopted, foster or step-child, legal ward, or a child of a person standing in loco parentis. In circumstances where an employee’s leave qualifies for CFRA, child means a biological, adopted, or foster child, a step child, a legal ward, a child of a domestic partner or a person to whom the employee stands loco parentis including any adult child over the age of 18),

4. Pparent (means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child),

5. Sibling (means a person related to another person by blood, adoption, or affinity through a common legal or biological parent),

6. Ggrandparents (means a parent of the employee’s parent),

7. Ggrandchildren , (means a child of the employee’s child),

8. Aaunt, uncle;

9. Tthe aforementioned can either be natural, step or in-law, or any person over which the employee acts as legal guardian.

1.10. Designated Person (Any individual related by blood or whose association with the employee is equivalent to that of a family relationship.

Must be identified at the time of the requested leave. Employees may identify one designated person per 12-month period).
(b) Employees have the option to extend bereavement leave beyond the three (3) paid days provided, for a total of up to six (6) days. The employee may take up to three (3) additional unpaid days or use leave from his/her current accrued and available leave balances, such as vacation, personal leave, sick leave, or compensatory time off that is otherwise available to the employee. (c) The employee may be required to submit proof of relative's death before final approval of leave with pay is granted.
(d) Leave taken under these provisions must be taken within three (3) months of the death of the immediate family member but need not necessarily be taken on consecutive days. If, prior to or immediately following a reproductive loss event, 17 May 6, 2024 Item 08
an employee is on or chooses to go on Pregnancy Disability Leave, leave under the California Family Rights Act, or any other leave entitlement under state or federal law, the employee must complete their reproductive loss bereavement leave within three (3) months of the end date of the other leave. (e) Employees are eligible for this leave, as needed for each qualifying event, after thirty (30) days of employment.
(f) Eligible employees taking bereavement leave for reproductive loss events are entitled up to a total amount of 20 days of leave within a 12-month period. 18 May 6, 2024 Item 08

(b) Accrual. Sick leave shall be accrued at the rate of eight (8) hours for each calendar month of service for all non-fire full-time employees. Fire employees who regularly work a schedule that averages fifty-six (56) hours per week shall accrue sick leave at the rate of 11.6 hours for each calendar month of service. There shall be no limit to the amount of sick leave that an employee may accumulate. (c) Use.
(1) Sick leave may be used for personal illness or injury, emergency or routine medical or dental appointments, including pregnancy as provided in the Maternity Leave subsection, and for reasonable travel time to and from health care facilities.
(2) In accordance with the Healthy Workplaces, Healthy Families Act of 2014 (“California Paid Sick Leave Law”), an employee may use three (3) days or 24 hours of accrued paid sick leave in a 12-month period for any of the following reasons:

(a) For the employee’s own diagnosis, care, or treatment of an existing health condition or preventative care.
(b) For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee’s family member, including:
i. Child (means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability including a biological, adopted, foster or step-child, legal ward, or a child of a person standing in loco parentis. In circumstances where an employee’s leave qualifies for CFRA, child means a biological, adopted, or foster child, a step child, a legal ward, a child of a domestic partner or a person to whom the employee stands loco parentis including any adult child over the age of 18including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis).
ii. Spouse (means a husband or wife as defined or recognized under California State law for purposes of marriage) or Registered Domestic Partner (Domestic partner has the same 19 May 6, 2024 Item 08
meaning as defined in section 297 of the California Family Code)
iii. Parent (Parent means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a
childincluding biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child).
iv. Grandparent .(means a parent of the employee’s parent) v. Grandchild (Grandchild means a child of the employee’s child.)..
vi. Sibling (means a person related to another person by blood, adoption, or affinity through a common legal or biological parent).
vii. Designated Person (Any individual related by blood or whose association with the employee is equivalent to that of a family relationship. Must be identified at the time of the requested leave. Employees may identify one designated person per 12- month period).
(c) To obtain any relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate certification of the need for such services:
i. A temporary restraining order or restraining order.
ii. Other injunctive relief to help ensure the health, safety or welfare of themselves or their children.
iii. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
iv. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.
v. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
20 May 6, 2024 Item 08
vi. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
(3) An employee shall provide reasonable advance notification of their need to use accrued paid sick leave to their supervisor if the need for paid sick leave use is foreseeable (e.g., doctor’s appointment scheduled in advance).

If the need for paid sick leave use is unforeseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as is practicable.
(4) An employee who uses paid sick leave must do so in minimum increments of two hours of sick leave.
(5) Paid sick leave will not be considered hours worked for purposes of overtime calculation. An employee will not receive cash-out compensation for unused accrued paid sick leave upon termination, resignation, retirement or other separation from employment from the City. Unused accrued sick leave can be converted to service credit at the time of retirement from the City as allowed by law and the California Public Employees’ Retirement system (CalPERS) agreement.
(d) Family Care. Up to twenty-four* hours of sick leave may be used per calendar year to care for members of the employee's immediate family who is ill or injured, as defined in Section 11.02(c)(2)(b).
*State law provides that one-half of annual sick leave accrual may be used for dependent care.

(de) Personal Leave. Employees have the option of taking a maximum of up to three (3) days sick leave each year as personal leave days (subset of total accrued sick leave). An employee may take personal leave if the employee has a current sick leave balance that is at least equal to the number of personal leave days the employee opts to take. Employees are required to obtain approval from their Department Head prior to taking personal leave.
(ef) Sick Leave Transfer. The purpose of this provision is to provide a means of alleviating personal financial hardship for employees who are suffering from a longterm catastrophic illness or injury, or desire to care for immediate family members suffering from such an illness or injury.

Under this provision an employee may transfer the monetary value of existing accrued sick leave hours, in eight hour increments, to another employee who is on an authorized unpaid leave of absence and who has exhausted or will exhaust available leave balances. An employee may transfer sick leave to another 21 May 6, 2024 Item 08
employee provided the donating employee has a remaining sick leave balance of at least one-hundred and twenty (120) hours.

The donated sick leave shall be the property of the City until distribution. The monetary value of the donated sick leave will be placed into an account administered by the Finance DirectorManager. The funds shall be distributed to the receiving employee so as to maintain the receiving employee's regular pay. Said payments shall be subject to payroll taxes and authorized payroll deductions, but shall not be treated as time worked for the accrual of vacation, sick leave or other accruals or credits.

Any donated hours not used by the receiving employee will remain in the transfer account for use by other needy employees.

Sick leave transfers are subject to the approval of the City Manager. An employee in need of a sick leave transfer in accordance with this provision shall make written application to the City Manager via their Department Head. The written request should outline the anticipated period of extended leave and the required sick leave hours.

Every effort will be made to assure that no pressure, either implicit or explicit, is placed on any employee by any other employee to make a donation or participate in a sick leave transfer.
(fg) Sick Leave Conversion (Not Applicable to Management and Professional Employees). Employees who have a sick leave balance of 120 hours and who use 48 hours or less in a calendar year may convert the difference between 72 hours and the actual hours used from sick leave hours to vacation at a rate of one (1) vacation hour for two (2) sick leave hours. The conversion of sick leave to vacation shall be made during the month of January each year.

22 May 6, 2024 Item 08
(hj) Short Term Disability Insurance Benefits. Covered employees qualifying for Short Term Disability Insurance benefits (for non-industrial injuries/illnesses) may elect to coordinate Short Term Disability Insurance benefits with unused sick leave, such that the employee receives his/her usual gross salary. (ik) In accordance with section 11.14 Family Medical Leave subsection (h) and the California Family Rights Act (CFRA) an employee may use their accrued sick leave balance for the care of a child, spouse or parent for a qualified serious health condition or in connection with the birth, adoption, or foster care of a child if mutually agreed upon by the City and the employee.
23 May 6, 2024 Item 08
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: May 6, 2024
SUBJECT: Fourth Amendment to the Metro Wastewater Joint Powers Authority Agreement REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Approve the Fourth Amendment to the Metro Wastewater Joint Powers Authority Agreement (Attachment A); and 2) Authorize the City Manager to execute the Amendment.

DISCUSSION/ANALYSIS:

The City of Del Mar is a participating agency (PA) in the Metropolitan Sewerage System (Metro System), which ultimately discharges wastewater to the Point Loma Wastewater Treatment Plant. Del Mar is one of twelve PAs that convey wastewater to the Metro System for treatment under the Regional Wastewater Disposal Agreement between the City of San Diego and Participating Agencies and the Metro Wastewater Joint Powers Authority Agreement (Attachment B).

The City of Del Mar also contracts with the San Elijo Joint Power Authority (SEJPA) to transport the City’s wastewater to the San Elijo Water Reclamation Facility in Encinitas, California. Infrastructure was installed to allow the City the option of either pumping wastewater to the Metro System or SEJPA. The City of Del Mar has been pumping most of the City’s wastewater to SEJPA since April 2018. However, Del Mar needs to maintain its connection to the Metro System for peak wastewater flows and/or emergencies.

This proposed Fourth Amendment makes two amendments to the Metro Wastewater Joint Powers Authority Agreement to reflect updates in officers for the Metro Wastewater Joint Powers Authority (Metro JPA): (1) It amends section 3.02 - Treasurer and Auditor, by expanding the definition to allow the Metro JPA Board to appoint anyone authorized by the Joint Powers Law to be treasurer/auditor, whereas currently the language of the Metro JPA only allows the finance manager or director of one of the PAs to be designated as the auditor/treasurer; and (2) It amends section 3.05 – Legal Advisor, by striking the provision that requires the Metro JPA’s legal advisor to also be counsel to one of the PAs. This strikeout is proposed to avoid potential or perceived conflicts of interest, although it does not preclude the Metro JPA’s legal advisor from also being legal counsel to one of the PAs. Neither amendment changes either of the current appointments for treasurer/auditor or legal advisor. These are merely clean-up items that accompany the Metro JPA’s recent organizational assessment. 1 May 6, 2024 Item 09
City Council Agenda Report
Fourth Amendment to the Metro Wastewater Joint Powers Authority Agreement May 6, 2024

Page 2 of 2 ends

Comparisons between the old and proposed new language are below for information and ease or review. The strikeout shows the old language in comparison to the new underlined language.

3.02 Treasurer and Auditor. Pursuant to Section 6505.6 of the Government Code, the finance manager or director of one of the Participating Agencies shall be designated as the Auditor and Treasurer of the JPA. The Auditor and Treasurer shall be the depository, shall have custody of all of the accounts, funds, and money of the JPA from whatever source, shall have the duties and obligations set forth in Section 6505 and 6505.5 of the Government Code and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the JPA.

3.02 Treasurer and Auditor. The Treasurer and Auditor may be any person(s) duly appointed by the Board and permitted to serve as the JPA Treasurer and/or Auditor pursuant to Government Code Sections 6505.5 and/or 6505.6. The Treasurer shall be the depository, shall have custody of all of the accounts, funds, and money of the JPA from whatever source, and shall have the duties and obligations set forth in Government Code sections 6505, 6505.5 and/or 6505.6 as applicable, and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the JPA. The officer performing the duties of Auditor shall have the duties and obligations set forth in Government Code section 6505, 6505.5 and/or 6505.6, as applicable.

3.05 Legal Advisor. The Board shall have the power to appoint the legal advisor of the JPA who shall perform such duties as may be prescribed by the Board. Such legal advisor shall be legal counsel to one of the Participating Agencies.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

This action is considered exempt from the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.

PRIOR CITY COUNCIL REVIEW:

On August 6, 2007, the City Council approved the Third Amendment to the Metro Wastewater Joint Powers Authority Agreement (Attachment C)
ATTACHMENTS:

Attachment A – Fourth Amendment to the Metro Wastewater Joint Powers Authority Agreement
Attachment B – Metro Wastewater Joint Powers Authority Agreement Attachment C – Third Amendment to the Metro Wastewater Joint Powers Authority Agreement
2 May 6, 2024 Item 09

FOURTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT

FOR THE METRO WASTEWATER JOINT POWERS AUTHORITY
TO AMEND SECTIONS 3.02 AND 3.05 OF THE JOINT POWERS AGREEMENT This Fourth Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority is made effective as of the date of the last signature by a Participating Agency (defined below), in the County of San Diego, State of California by each of the Participating Agencies of the Metro Wastewater JPA, a Joint Powers Agency (“JPA”) existing and organized pursuant to the provisions of Government Code section 6500 et seq.

RECITALS
WHEREAS, on October 25, 2000, the City of Coronado, a municipal corporation; the City of Del Mar, a municipal corporation; the City of El Cajon, a municipal corporation; the City of Imperial Beach, a municipal corporation; the City of La Mesa, a municipal corporation; the Lemon Grove Sanitation District, a political subdivision of the State of California, the City of Poway, a municipal corporation; Padre Dam Municipal Water District, a political subdivision of the State of California; and the County of San Diego (on behalf of: the Winter Gardens Sewer Maintenance District, a maintenance district established pursuant to California Streets & Hwys. Code section 5820 et seq.; the Lakeside/Alpine Sanitation District, a political subdivision of the State of California; and the Spring Valley Sanitation District, a political subdivision of the State of California) (the “Participating Agencies”) entered into a Joint Exercise of Powers Agreement (“Agreement”), creating the JPA for the purpose of taking responsibility, actions, and decisions pertaining to the Regional Waste Water Disposal Agreement; and WHEREAS, on February 12, 2003, the Otay Water District was added as a Participating Agency of the JPA; and
WHEREAS, on June 4, 2003, the City of National City was added as a Participating Agency of the JPA; and
WHEREAS, on October 17, 2007, the City of Chula Vista was added as a Participating Agency of the JPA; and
WHEREAS, Article VIII, Section 8.05 of the Agreement allows for amendments of the Agreement; and
WHEREAS, the Participating Agencies wish to make certain amendments to reflect updates in officers and employees of the organization.

AGREEMENT
3 May 6, 2024 Item 09
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

A. Pursuant to Article VIII, Section 8.05 of the Agreement, each of the Participating Agencies hereby amend the Joint Exercise of Powers Agreement for the Metro Wastewater JPA, as follows:

1. Article III, Section 3.02 is hereby revised in its entirety to read as follows:

2. Article III, Section 3.05 is hereby revised in its entirety to read as follows:

3.05 Legal Advisor. The Board shall have the power to appoint the legal advisor of the JPA who shall perform such duties as may be prescribed by the Board.

B.. All other terms and conditions of the Joint Exercise of Powers Agreement for the Metro Wastewater JPA shall remain in full force and effect and shall remain binding upon each of the Participating Agencies.

IN WITNESS WHEREOF, the parties have executed this Fourth Amendment as of the date first written above.

1. CITY OF CORONADO ATTEST
By:

2. CITY OF DEL MAR

ATTEST
By:

3. CITY OF EL CAJON

ATTEST
By:
4 May 6, 2024 Item 09

4. CITY OF IMPERIAL BEACH

ATTEST
By:

5. CITY OF LA MESA

ATTEST
By:

6. LEMON GROVE SANITATION

DISTRICT

ATTEST
By:

7. CITY OF POWAY

ATTEST
By:

8. PADRE DAM MUNICIPAL WATER

DISTRICT

ATTEST
By:

9. COUNTY OF SAN DIEGO on behalf of

WINTER GARDENS SEWER

MAINTENANCE DISTRICT, LAKESIDE

SANITATION DISTRICT, ALPINE

SANITATION DISTRICT, AND SPRING

VALLEY SANITATION DISTRICT

ATTEST
By:

10. OTAY WATER DISTRICT

ATTEST
By:

11. NATIONAL CITY

ATTEST
By:
5 May 6, 2024 Item 09

12. CHULA VISTA

ATTEST
By:
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Kaitlyn Elliott-Norgrove, Special Projects & Programs Manager Via Ashley Jones, City Manager
DATE: May 6, 2024
SUBJECT: Acceptance of a Donation of Water Fountain/Bottle Filling Stations from the Del Mar Village Association
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council accept a donation of six water fountain/bottle filling stations and associated installation from the Del Mar Village Association (DMVA) to replace existing fountains in public locations throughout the City (Attachment A).

DISCUSSION/ANALYSIS:

In support of the City and DMVA’s mutual sustainability goals, the Del Mar Village Association (DMVA) is proposing to donate to the City new replacement water fountain/bottle filling stations at six existing locations in the City. Over the last year, DMVA Executive Director Jen Grove has been working in close partnership with the City Manager and City staff to identify six existing water fountains in public locations that need replacement. A location map where the new fountains are proposed for placement is included as Attachment A, along with photos of the existing stations to be replaced included as Attachment B.

The replacement stations will occupy the same footprints as the existing stations, maintaining ADA compliance and existing features, while also offering a bottle filling component which will help reduce plastic waste throughout the community and encourage use of refillable/multi-use beverage containers. Pictures of the proposed new stations are included as Attachment C.

The total value of the donation is estimated at $65,000, which includes the cost of the new stations and associated installation. Public Works will work closely with DMVA to facilitate proper installation of the new stations. Once installed, the stations will be the responsibility of the City to maintain along with the rest of the public fountains citywide. 1 May 6, 2024 Item 10
City Council Agenda Report
Accept Donation of Water Fountain and Bottle Filling Stations from the Del Mar Village Association
May 6, 2024

Page 2 of 2 ends

FISCAL IMPACT:

There is no immediate fiscal impact to the City related to the acceptance of the donation.

Once placed, the new stations will be maintained by the City in accordance with manufacturer specifications and will become part of the City’s routine maintenance program.

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:

While acceptance of this donation does not relate to a specific City priority project, it does support the City’s climate action and sustainability goals that are a priority for the City.

ATTACHMENTS:

Attachment A – Location Map
Attachment B – Pictures of Existing Stations
Attachment C – Pictures of New Stations
2 May 6, 2024 Item 10
Water Fountain & Bottle Filling Stations
3 May 6, 2024 Item 10
ATTACHMENT B – EXISTING STATIONS

NORTH BEACH
4 May 6, 2024 Item 10
ATTACHMENT B – EXISTING STATIONS
25TH ST LIFEGUARD RESTROOMS
5 May 6, 2024 Item 10
ATTACHMENT B – EXISTING STATIONS

BEACH SAFETY CENTER
6 May 6, 2024 Item 10
ATTACHMENT B – EXISTING STATIONS

POWERHOUSE PARK
7 May 6, 2024 Item 10
ATTACHMENT B – EXISTING STATIONS

TOT LOT
8 May 6, 2024 Item 10
ATTACHMENT B – EXISTING STATIONS

SEAGROVE PARK
9 May 6, 2024 Item 10
ATTACHMENT C – NEW STATIONS

NEW PEDESTAL STATIONS
10 May 6, 2024 Item 10
ATTACHMENT C – NEW STATIONS
NEW WALL-MOUNTED STATION (25TH STREET LIFEGUARD RESTROOMS) 11 May 6, 2024 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Diana Martinez, Associate Management Analyst
Via Ashley Jones, City Manager
DATE: May 6, 2024
SUBJECT: Introduction of an Ordinance Amending the Del Mar Municipal Code Chapter

21.12 – Water Supply – Water Rates and Charges; Chapter 21.70 – Emergency Water Management; and Chapter 22.04 – General (Sewers and Sewage Disposal)
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council hold a public hearing; hear testimony; accept all written protests against water and wastewater rate increases from affected rate payers; introduce the proposed Ordinance (Attachment A); and schedule a second reading by title only and adoption of the Ordinance on May 20, 2024.

EXECUTIVE SUMMARY
The City of Del Mar is in the process of setting water and wastewater rates to take effect July 1, 2024. Existing rates and charges for these services were last established in 2019, which included a five-year rate plan with annual adjustments each year on January 1st.

The last rate increase for these services occurred on January 1, 2024.

Based on increased costs to provide water and wastewater service, staff recommends a new five-year rate structure for both utilities, effective July 1, 2024, with adjustments on July 1st of 2024, 2025, 2026, 2027, and 2028.

California law, established by Proposition 218, requires that ratepayers be given the right to protest increases in water and wastewater rates prior to approval. A notice for the proposed new five-year rates was mailed to all utility ratepayers, current residents, and property owners in the City of Del Mar on March 21, 2024, consistent with the legally required 45-day public hearing notification period (Attachment B).

The notice provides a high-level summary of the factors that influence rates and the projected rates for each utility for all customer types and displays the rates on a bimonthly basis, which is consistent with the customer billing schedule. There are currently 1,900 active water customer accounts. Under the provisions of Proposition 218, if the City receives written protests from a majority of affected ratepayers (more than 950 1 May 6, 2024 Item 11
City Council Agenda Report
Introduction of Ordinance – Water and Wastewater Rates
May 6, 2024

Page 2 of 3 ends

ratepayers), the City Council cannot approve the proposed rate increases. At the time of publication of this report, no qualifying written protests had been received.

The City’s Finance Committee reviewed a presentation on the proposed rates and related study on January 23, 2024, and expressed support for the proposed rate schedule.

In addition, the cost of service studies and proposed rates were reviewed with the City Council on February 20, 2024, at which time the Council unanimously directed staff to proceed with the required Proposition 218 public noticing process. Staff’s agenda report and the cost-of-service studies for the Water and Wastewater Funds are included as Attachment C and can be found online along with a video of the meeting at:
www.delmar.ca.us/AgendaCenter.

DISCUSSION/ANALYSIS
The City of Del Mar maintains separate Water and Wastewater Enterprise Funds, each with its own rate stabilization, operating, capital, and pension reserves. The City’s water and wastewater utilities are funded from water and wastewater rates and fees are charged to the City’s customers based on their use of the respective utility services. The rate structures of both the water and wastewater rates consist of a fixed service charge and a variable, flowbased charge for which customers are billed bi-monthly.

Under the requirements of Proposition 218, HF&H Consultants, Inc. (consultant) completed a “cost of service study” for both utility funds, which included evaluating projected external costs as well as City operating and capital costs and projected revenues (Attachment C).

Based on the forecasted external and internal costs over the next five years, as well as anticipated capital infrastructure projects, the necessary annual revenue adjustments for the water and wastewater funds are as follows:
2024 2025 2026 2027 2028 2029
Water Fund 3% 2% 2% 2% 2% 2%
Wastewater Fund 4% 2% 2% 2% 2% 2%
Emergency Water Management Rates
Chapter 21.70 of the Del Mar Municipal Code identifies a modified demand rate structure that may be implemented by the City Council during times of declared drought conditions or other demand water management situations. These rates are calculated by formula in proportion to the normal rate structure to assure adequate revenue for cost recovery and to encourage conservation. Although the City has been in a Stage 1 - Drought Watch Condition since 2016, and reaffirmed by City Council on July 11, 2022, drought rates have not been placed into effect. However, by including emergency water management rates as part of this process, they are available if it is necessary for the City to implement them. Additionally, Chapter 21.70 2 May 6, 2024 Item 11
City Council Agenda Report
Introduction of Ordinance – Water and Wastewater Rates
May 6, 2024

Page 3 of 3 ends

also includes provisions for a modified drought rate structure for wastewater rates if necessary.

Changes to Del Mar Municipal Code
Attachment A includes the proposed ordinance and corresponding Exhibits A, B and C to enact the necessary changes to the applicable chapters of the Del Mar Municipal Code (DMMC) for the proposed rates. Attachment D identifies proposed changes to the affected sections of the DMMC with red-line/strike-out edits.

Process and Next Steps
Since the City’s utility rates are established in the DMMC, it is required that the City Council adopt the new rates by ordinance to amend them. The recommended action is an introduction and first reading of the proposed ordinance. A second reading and adoption of the ordinance is scheduled for May 20, 2024.

PRIOR CITY COUNCIL REVIEW:

On February 20, 2024, the City Council received an overview of the Water and Wastewater Rate Study and Proposed Rate Schedule and unanimously approved a recommendation to initiate the Proposition 218 public noticing process.

FISCAL IMPACT:

The proposed rates and charges will provide adequate funding to maintain the City’s water and wastewater utilities and provide water and wastewater service proportional to the cost of providing services to the different classes of users within the City.

ENVIRONMENTAL IMPACT:

The action being considered is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Water and Wastewater Studies and Rate Changes are a Tier 1 priority scheduled to be completed in Fiscal Year 2023-24.

ATTACHMENTS:

Attachment A – Proposed Ordinance Establishing Water and Wastewater Rates Exhibit A- Revised DMMC Chapter 21.12
Exhibit B- Revised DMMC Chapter 21.70
Exhibit C- Revised DMMC Chapter 22.04
Attachment B – Water and Wastewater Rates Notice of Public Hearing Attachment C – February 20, 2024 City Council Agenda Report – Overview of Water and Wastewater Rates & Cost of Service Study by HF&H Consultants Attachment D – Redlined Del Mar Municipal Code Chapter 21.12, 21.70 and 22.04 3 May 6, 2024 Item 11

ATTACHMENT A
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, AMENDING THE DEL MAR MUNICIPAL
CODE CHAPTER 21.12 – WATER SUPPLY – WATER RATES
AND CHARGES, CHAPTER 21.70 – EMERGENCY WATER
MANAGEMENT, CHAPTER 22.04 - SEWERS AND SEWAGE
DISPOSAL – GENERAL
WHEREAS, the City Council wishes to maintain water and wastewater rates and charges that are equitable and fairly distribute the burden of cost among the various classes of customers while encouraging conservation; and WHEREAS, the City Council desires to propose five-year rate schedules that would take effect on July 1, 2024, July 1, 2025, July 1, 2026, July 1, 2027, and July 1, 2028; and
WHEREAS, the City has completed a review of the water and wastewater rates in conjunction with the proposed budgetary needs of the water and wastewater utilities for five Fiscal Years 2024-25, 2025-26, 2026-27, 2027-28 and 2028-29; and WHEREAS, the review indicated the need to increase the rates and fixed charges to meet the revenue requirements necessary to adequately operate the water and sewer utility systems; and
WHEREAS, the City’s Finance Committee reviewed the proposed rates and expressed support of the proposed rate schedules; and
WHEREAS, the City Council, in response to increased costs to provide water and wastewater services has previously amended said rates; and WHEREAS, Article XIIID, Section 6(a) of the State Constitution (Proposition 218), passed by the voters of California on November 5,1996, requires municipalities to give written notice to the owners of parcels upon which proposed water-, refuse- and/or sewerrelated fees or charges are to be applied; and WHEREAS, Proposition 218 requires that a public hearing shall be conducted not less than 45 days after the mailing of a notice of a public hearing on property-related fee adjustments to the record owners of each identified parcel upon which the fee is proposed for imposition; and
WHEREAS, Proposition 218 provides that, if written protests against proposed property-related fees are presented by a majority of the property owners of record upon which the proposed fees would be imposed, the fee adjustment shall not be implemented; and
WHEREAS, the City has considered all comments and correspondence, and the findings and conclusions made by the City pursuant to this Ordinance are based upon all of the oral and written evidence presented to it and taken as a whole; and 4 May 6, 2024 Item 11
Ordinance No. XXXX ATTACHMENT A

Page 2 of 4 ends

WHEREAS, based on the record and evidence before the City Council, the City Council has determined that it is necessary to revise the Del Mar Municipal Code to implement the recommended rates and charges; and
WHEREAS, the City Council initially considered the proposed rates and charges for water and wastewater services at their regular meeting on February 20, 2024; and WHEREAS, a duly noticed public hearing was held before the Del Mar City Council at its regular meeting of May 6, 2024, where the City Council and the public considered the recommendation for changes in the determination of the rates and charges for water, wastewater, and clean water services.

NOW, THEREFORE, the City Council of the City of Del Mar, California, does ordain as follows:

SECTION ONE: FINDINGS.
a. Notice of the proposed amended water and wastewater rates and charges and of the public hearing thereon was given pursuant to Proposition 218 to record owners of all affected parcels on March 21, 2024.
b. The Ordinance was introduced and the public hearing required by Proposition 218 was duly held by the City Council, pursuant to notice, on May 6, 2024. c. Zero (0) written protests were received in opposition to the proposed amended water and wastewater rates and charges, constituting less than a majority of the affected property owners.
d. Revenues derived do not exceed the funds required to provide the propertyrelated service imposed. e. Revenues derived are not being used for any purpose other than that for which the fee is imposed.
f. The fee imposed does not exceed the proportional cost of the service. g. No fee is imposed unless the service is actually used by, or immediately available to, the owner of the property.
h. No fee is imposed to fund general governmental services such as police, fire, ambulance, or library services where the service is available to the public at large in substantially the same manner as it is to property owners.

SECTION TWO:

The Del Mar Municipal Code is amended as shown in the following exhibits:

Chapter 21.12 is amended as indicated in Exhibit A to this Ordinance; Chapter 21.70 is amended as indicated in Exhibit B to this Ordinance; Chapter 22.04 is amended as indicated in Exhibit C to this Ordinance; 5 May 6, 2024 Item 11
Ordinance No. XXXX ATTACHMENT A

Page 3 of 4 ends

SECTION THREE:

The City Council of the City of Del Mar hereby declares that should any section, paragraph, sentence, phrase, term or word of this Ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this Ordinance irrespective of any such portion declared invalid.

SECTION FOUR:

The Ordinance was introduced by the City Council on May 6, 2024.

SECTION FOUR:

This Ordinance shall become effective thirty days following its passage and adoption; however, it shall not take effect prior to July 1, 2024.

SECTION FIVE:

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Del Mar, California, held this 20th day of May 2024. _____________________________
Dave Druker, Mayor
City of Del Mar, California
APPROVED AS TO FORM:
________________________________
Leslie E. Devaney, City Attorney
6 May 6, 2024 Item 11
Ordinance No. XXXX ATTACHMENT A

Page 4 of 4 ends

ATTEST AND CERTIFICATION

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. XXXX, 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 20th day of May, 2024, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
7 May 6, 2024 Item 11

EXHIBIT A
TITLE 21 - WATER SUPPLY
Chapter 21.12 WATER SUPPLY—WATER RATES AND CHARGES
Del Mar, California, Municipal Code Created: 2024-04-03 15:46:31 [EST] (Supp. No. 8)

Page 1 of 5 ends

Chapter 21.12 WATER SUPPLY—WATER RATES AND CHARGES

21.12.010 Purpose.

A. The purpose of this Chapter is to provide water rates and charges.

B. Deposit and Documentation Required Upon Application for Service; Refund of Deposit. All applicants for water service shall complete the required forms supplied by the City before approval of water service can be given. Forms will be returned to the City within ten working days of application of service. Applicants failing to return the required forms will be subject to discontinuation of service. All applicants for water service shall deposit with the City a deposit for water service as provided in this Code. After the deposit has been held for 12 consecutive billing periods, during which time service has been continuous and bills have been paid within the allowable period without incurring a late penalty, the deposit will be automatically refunded without interest.
(Ord. No. 554; Ord. No. 664; Ord. No. 687; Ord. No. 768; Ord. No. 828)

21.12.020 Rates and Charges for Water Service.

The minimum bimonthly rate for all water furnished to a consumer through a water meter shall be determined by the size of water meter combined with usage as follows:

A. Bimonthly Service Charge. All water service customers of the City shall be subject to a fixed bimonthly service charge. The amount of the service charge shall be determined by the size of the water meter as follows:

Meter
Size Meter Bimonthly Service Charge Effective:
7/1/24 7/1/25 7/1/26 7/1/27 7/1/28
⅝" $88.70 $90.47 $92.28 $94.13 $96.01
¾" $129.41 $132.00 $134.64 $137.33 $140.08
1" $210.81 $215.03 $219.33 $223.72 $228.19
1 ½" $414.33 $422.62 $431.07 $439.69 $448.48
2" $658.55 $671.72 $685.15 $698.85 $712.83
3" $1,309.82 $1,336.02 $1,362.74 $1,389.99 $1,417.79
4" $2,042.49 $2,083.34 $2,125.01 $2,167.51 $2,210.86
22nd
DAA*
$76,298.59 $77,824.56 $79,381.05 $80,968.67 $82,588.04
*Total bimonthly charge for all meters
8 May 6, 2024 Item 11

EXHIBIT A
Created: 2024-04-03 15:46:31 [EST]
(Supp. No. 8)

Page 2 of 5 ends

B. Bimonthly Commodity Charge. All water service customers of the City shall be subject to commodity rates for each unit (100 cubic feet, 748 gallons) of water used. Commodity rates applicable to water service customers are as follows:

1. Residential.

Bimonthly
Usage
Bimonthly Rate per Unit of Water Used, Effective:
7/1/24 7/1/25 7/1/26 7/1/27 7/1/28
Tier 1: 0-22 units $6.26 $6.39 $6.52 $6.65 $6.78
Tier 2: 23+ units $7.37 $7.52 $7.67 $7.82 $7.98
All usage/per unit $6.81 $6.95 $7.09 $7.23 $7.37

2. Non-Residential. Commercial, Institutional, Fairgrounds, Irrigation.

The commodity rate per unit of water use is as follows:
7/1/24 7/1/25 7/1/26 7/1/27 7/1/28
Commercial/
Institutional
$6.80 $6.94 $7.08 $7.22 $7.36
Irrigation $7.11 $7.25 $7.40 $7.55 $7.70
Fairgrounds $8.08 $8.24 $8.40 $8.57 $8.74

3. Billing. Charges for water service are billed on a bimonthly basis. Tier rate usage limits shall be double the monthly values for bimonthly billing purposes. Further adjustments of usage limits shall be made on a proportional basis only if the actual billing period exceeds 70 days.

C. Special Use Charges.

1. Fire Service charges will be assessed as follows:

Service Size Monthly Charge
2—4" $18.26
6" 23.08

2. A monthly service charge set forth in the City of Del Mar Fee Schedule per backflow prevention device will be assessed.

D. Outside City Users. When it appears to be in the best interest of the City and the people thereof, and when approved in writing by the City Manager, the owner or occupant of property situated outside the City may be permitted to have such property connected to the water system of the City. In addition to other fees, assessments or charges provided by this Chapter, the owner or occupant of property situated outside the City shall pay a water service charge equal to 100 percent of the charge for applicable service established by this Section.
9 May 6, 2024 Item 11

EXHIBIT A
Created: 2024-04-03 15:46:31 [EST]
(Supp. No. 8)

Page 3 of 5 ends

In the event that the owner or occupant of such property fails to pay such water service charge, the City Manager shall have the right, upon five days notice, to disconnect the owner's or occupant's property from the water system.

E. Pass Through Fees and Charges for Wholesale Water and Water Treatment and Delivery. In accordance with Government Code § 53756, as it may be amended from time to time, all San Diego County Water Authority, Metropolitan Water District of Southern California, and the City of San Diego fees and charges for wholesale water, water related services and the treatment and delivery of water shall be passed through to Del Mar water utility customers.
(Ord. No. 488; Ord. No. 554; Ord. No. 564; Ord. No. 628; Ord. No. 650; Ord. No. 654; Ord. No. 664; Ord. No. 687; Ord. No. 713; Ord. No. 730; Ord. No. 768; Ord. No. 828; Ord. No. 903; Ord. No 948 , § 2, Exh. A, 6-3-2019; Ord. No. 968 , § 1, 7-20-2020)

21.12.030 Procedure for Altering Water Rates.

The City Manager shall, from time to time, prepare a recommendation for any change as deemed to be necessary for the ensuing fiscal year. Such recommendation shall be based upon a study of any increase or decrease in the cost of maintenance, repair and replacement of the water system.

The City Council shall, after public notice and hearing thereon, by ordinance, approve, disapprove or modify the recommendation of the City Manager. The effective date of any change in the water rates shall be specified in the ordinance passed by the City Council.
(Ord. No. 472)

21.12.040 Same—Fire Service and Automatic Fire Sprinkler Service.

The rates to be so charged and collected each month for fire service and automatic fire sprinkler service within the City shall be established by ordinance.

21.12.050 Same—Construction of Water Service.

The rates to be charged and collected for construction of water service and meter installation shall be established by ordinance.

21.12.060 Same—Service to City Departments.

The rates for water and water service supplied to the various departments of the City shall be the same as those rates in effect for all other consumers within the City, as in this Chapter specified, and the water and water service so furnished shall be charged to their respective budget accounts and paid for monthly from such funds into the fund provided for by the receipts from sale of water.

21.12.070 Reading of Meters; Average Bills When Meters Not Read; Billing When Meter Fails to Function; Where Water Bills to be Mailed.

Under ordinary conditions, continuous service meters shall be read monthly on approximately the same day of the month, and a bill issued showing the period covered by the meter readings, the quantity of water used, and the total charge for the service rendered. When it is impossible to read the meter due to any obstructions, an average bill, or a series of average bills, will be rendered, will be adjusted at the next actual reading date. If the 10 May 6, 2024 Item 11
Created: 2024-04-03 15:46:31 [EST]
(Supp. No. 8)

Page 4 of 5 ends

meter fails to register, the charge for water will be based upon the average of the comparable period of the preceding year, taking into consideration the volume of business, weather conditions, and any other factors that may assist in determining an equitable charge. Unless the applicant for water service shall direct otherwise, all bills will be mailed to the premises where service is furnished.

21.12.080 Testing of Water Meters.

When the accuracy of a water meter is questioned, the department shall, upon the request of a consumer on the form provided, cause an official test to be made upon deposit by the consumer, an amount determined by the meter size and as established by ordinance.

If, upon examination of the meter to ascertain the accuracy of its operation, it shall be found to register over three percent more water than actually passed through it, another meter will be substituted therefor, and the fee charged for such test will be refunded to the person making the application. An adjustment for a period of three months prior to the test will be made on the basis of the percentage the meter is in error.

21.12.090 When Bills to be Mailed; When Bills Due; Re-establishment of Service.

A. Water bills based on meter readings shall be prepared and mailed to the consumers bimonthly. Bills will be due and payable upon receipt. No less than 19 days shall be allowed from the date of mailing such bills for payment thereof, and bills will be deemed delinquent thereafter. A ten percent penalty per billing period will be charged on all delinquent bills.

B. If service is terminated in accordance with the provisions of the Title, service will not be renewed until the delinquent bill is paid together with penalties and charges, including the cost of reconnection as defined in this Title. An additional deposit will also be required pursuant to the rates established in this Chapter.

C. In the case of service to rental property, the property owner shall be liable for any billings not paid by the tenant.
(Ord. No. 554)

21.12.100 Adjustment of Bills.

Water bill adjustments may be made by the City in accordance with administrative regulations approved by the City Manager.

21.12.110 Persons Using Water Without Proper Application Liable for All Water Chargeable to Premises.

A person taking possession of any premises and using water through an active service connection without having made application to the City for water service shall be held liable for the water delivered from the date of the last recorded meter reading, and if the meter was found inoperative, the quantity of water consumed shall be estimated.

If proper application for water service is not made promptly upon notification to do so by the department without further notice.
11 May 6, 2024 Item 11
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21.12.120 Service May Be Denied Former Consumers Having Outstanding Bills.

When an application for water service is made by a former consumer who has failed to pay all bills for service previously rendered, the City may refuse to furnish water to such applicant until the outstanding bills are paid, plus any applicable penalties.

21.12.130 Department May Render Additional Services; Charges.

A. The department may render any reasonable service in connection with the supply of water service to consumers upon application at the main office of the department; provided that reasonable charges may be made for any expense involved in rendering the service.

B. All bills for labor, material furnished, or other charges not provided for otherwise, shall become due and payable at the same time and in the same manner as the next regular billing for water, and shall become delinquent at the same time as is provided for delinquent payments on regular water bills.

21.12.140 Water Rates and Charges.

The following rates and charges are established:

A. Refundable Water Deposit. The deposit shall be three times the base monthly service charge for new accounts, with a refund upon request after two years of acceptable payment history or upon termination of the account. If a customer's service is discontinued because of nonpayment, the customer is required to deposit with the City an amount equal to three times the base monthly service charge. When two consecutive years of acceptable payments have been made or upon termination of the account, the deposit will be refunded at the request of the customer.

B. Notification to Pay Bill (Door Hangers). If a door hanger or any other personally delivered form of notification is required to notify customers of pending water shutoff, a charge as set forth in the City of Del Mar Fee Schedule will be paid before the water will be reconnected.

C. Water Reconnect Penalties. When it is necessary to shut off a customer's water because of nonpayment, the City will impose a penalty in an amount set forth in the City of Del Mar Fee Schedule and customer will be billed at actual costs of labor and vehicle for after hours reconnection. The penalty and all outstanding charges must be paid before the water will be reconnected.

If a disconnected service is illegally reconnected by the customer, a penalty in an amount set forth in the City of Del Mar Fee Schedule will be assessed. If it is necessary to remove the meter to prevent the customer from reconnecting the water, the customer will be required to pay an amount set forth in the City of Del Mar Fee Schedule and all outstanding charges before the meter can be reinstalled.

D. Testing of Water Meters. When the accuracy of a water meter is questioned by the customer, the City will remove the meter and send it out to be calibrated if requested by the customer and the meter is found to be in good working order, the customer will be charged the actual cost of the testing to the City. If the meter is found to be faulty, the City will incur the cost of calibration. (Ord. No. 512; Ord. No. 828; Ord. No. 968 , § 2, 7-20-2020) 12 May 6, 2024 Item 11

EXHIBIT B
TITLE 21 - WATER SUPPLY
Chapter 21.70 EMERGENCY WATER MANAGEMENT
Del Mar, California, Municipal Code Created: 2024-04-03 15:46:32 [EST] (Supp. No. 8)

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Chapter 21.70 EMERGENCY WATER MANAGEMENT1

21.70.010 Purpose.

This Chapter establishes an emergency water management program in order to conserve water supplies, minimize the effects of water supply shortages, and allow the City to respond to water emergency conditions. (Cal.

Const. Art. X, §§ 2 and 7; and Water Code § 375.)
(Ord. No. 603; Ord. No. 816; Ord. No. 828; Ord. No. 903; Ord. No. 998 , § 1, 6-19-2023)

21.70.020 Scope of Chapter.

The provisions of this Chapter shall apply to all persons using water delivered by the City. ( Ord. No. 998 , § 1, 6-19-2023)

21.70.030 Water Conservation Policy.

A. It is the policy of the City that all public and private users of water delivered by the City shall use such water for reasonable purposes and in a reasonable manner in a conscientious effort to conserve water.

B. When the emergency water use regulations in this Chapter are not declared to be in effect, those regulations may still be considered as recommended methods for voluntarily conserving water.

C. The City may initiate and maintain education programs to encourage the conservation of water. ( Ord. No. 998 , § 1, 6-19-2023)
Cross reference(s)—Water conservation program, Ch. 21.60.

21.70.040 Water Management Regulations.

A. Levels. During water shortages, the City shall impose water use regulations in levels. Sections 21.70.100 et seq. of this Chapter contain a sequential, regulatory program of increasingly more stringent prohibitions on the use of water delivered within the City. When the City declares that a particular water shortage level is in effect, the regulations contained in a declared level shall be complied with by all persons using water delivered by the City.

B. Declaration of Level.
1Ord. No. 998 , § 1, adopted June19, 2023 amended Ch. 21.70 in its entirety to read as set out herein. Former Ch.

21.70, §§ 21.70.010—21.70.160 pertained to similar subject matter. Historical notations have been retained for reference purposes.
13 May 6, 2024 Item 11

EXHIBIT B
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1. The City shall monitor the projected supply of water and the demand for water by persons within its jurisdiction and, in consultation with those agencies providing water to City, determine when water management regulations are required in order for the City to deal with water shortages.

2. When it is determined that a particular level of water management regulation is required, either the City Council or the City Manager may issue a declaration which will announce the level of regulatory management that is to be imposed. Moving to Level 6 requires a properly noticed public hearing.

3. The declaration shall be made by public announcement posted at City Hall. Also, the City Manager may publish a notice of the determination in a newspaper of general circulation and on the City website.

4. If the declaration is made by the City Manager, the matter shall be placed on the agenda of the City Council at its next meeting. The City Council shall thereupon ratify the City Manager's declaration, rescind the declaration, or issue its own declaration.

5. The regulatory level announced in the declaration shall become effective seven days following the date of posting; except, when a water emergency is declared, the regulatory level shall become effective immediately upon posting.
( Ord. No. 998 , § 1, 6-19-2023)

21.70.050 Modification of Regulation as Applied In Special Circumstance.

A. Appeals Board. An Appeals Board for this Chapter shall consist of the City Council.

B. Appeal.

1. Any person subject to the regulations and decisions imposed in accordance with the provisions of this Chapter may submit an appeal, in writing, to the City Clerk.

2. The City Manager may render a decision or set the matter to be heard by the Appeals Board which will render a written decision within 30 calendar days of the receipt of the appeal.

3. If the appellant is dissatisfied with the City Manager's determination, the appellant may seek a review by the Appeals Board.

C. Modification Authorized. In accordance with the procedures provided above, the City Manager and the Appeals Board are authorized to make minor and limited modifications to any regulation in this Chapter when it has been demonstrated that due to special circumstances as applied to a particular case, the application of the unmodified regulation constitutes a threat to health, safety or welfare or will result in an undue, unreasonable hardship. Provided, however, that such modification shall not cause water to be wasted or used in an unreasonable manner and the purposes of this Chapter can be accomplished. ( Ord. No. 998 , § 1, 6-19-2023)

21.70.060 Prohibition.

A. It is unlawful for any person to knowingly use water or permit the use of water supplied by the City in a manner contrary to any provision of this Chapter declared to be in effect. (Misdemeanor in accordance with Water Code § 377.)
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B. The use of reclaimed or "grey" water in accordance with the regulations of the Department of Health Services and in accordance with any other applicable regulations, is not subject to the regulations of this Chapter.

C. It is a misdemeanor for anyone to tamper with or otherwise interfere with the operation of a water meter without the express authority, in writing, of the City.

D. It is unlawful for any person to knowingly present false information to the City when information is requested by the City in accordance with the provisions of this Chapter.

E. Compliance with this Section is a condition imposed upon the continued uninterrupted delivery of water. ( Ord. No. 998 , § 1, 6-19-2023)

21.70.090 Enforcement—Restricting or Discontinuing Water Service.

A. A continued, willful failure to comply with the conditions imposed upon the continued, uninterrupted delivery of water may result in a Notice of Violation being mailed to the metered customer, accompanied by a copy of relevant portions of these regulations.

B. Failure to correct the violation by bringing water use into compliance with the conditions imposed upon the continued, uninterrupted delivery of water will result in a Notice of Hearing Re: Violation being mailed to the metered customer.

C. The City Manager shall conduct the hearing. The noticed person shall have the opportunity to present information and arguments in response to the notice.

D. Following the hearing, if an uncured violation is found to exist, the City Manager may order either:

1. The installation of a flow restrictor in the meter for a minimum of 72 hours; or

2. Discontinuance of water service for a specified period of time.

E. When it is necessary to install a flow restrictor or to discontinue service, a metered customer shall pay a fee of $250.00 to the City. When it is necessary to remove a flow restrictor or to re-establish water service, a metered customer shall pay a fee of $250.00 to the City. The fees referenced in this subparagraph are payable by the metered customer when the service is rendered. Further, payment in full of all outstanding fees is a condition to the restoration of full service. ( Ord. No. 998 , § 1, 6-19-2023)

21.70.110 Water Shortage Level 1—Watch Condition.

A. A Water Shortage Level 1 condition is also referred to as a " Water Storage Watch" condition. Level 1 shall be declared to encourage voluntary water conservation with an aim towards reducing water demand by up to 10%. This Level 1 condition applies when the Water Authority notifies its member agencies to activate the appropriate voluntary provisions of the water shortage contingency plan.

B. When Level 1 is declared and in effect, all persons shall comply with the voluntary water usage reductions and other mandatory conditions as may be identified by the Governor, State of California, or San Diego County Water Authority.

C. When Level 1 is declared and in effect, metered customers of the City shall receive uninterrupted water delivery subject to the modified volumetric rates as follows:

Volumetric rates applied to usage by customer classes.
15 May 6, 2024 Item 11

EXHIBIT B
Created: 2024-04-03 15:46:32 [EST]
(Supp. No. 8)

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Bimonthly Bimonthly Rate per Unit of Water Used During Water Shortage Level 1 Usage 7/1/2024 7/1/2025 7/1/2026 7/1/2027 7/1/2028
Single-Family
Tier 1: 1-22 units $6.34 $6.47 $6.60 $6.74 $6.87
Tier 2: 23+ units $7.47 $7.62 $7.77 $7.92 $8.08
Multi-Family $6.91 $7.06 $7.20 $7.34 $7.48
Commercial/ $6.89 $7.03 $7.17 $7.31 $7.46
Institutional
Irrigation $7.33 $7.48 $7.63 $7.79 $7.94
Fairgrounds $8.29 $8.45 $8.62 $8.79 $8.96
C. Irrigating "Non-Functional Turf" at commercial, industrial, and institutional sites is prohibited. "NonFunctional Turf," as defined in section 996 of title 23 of the California Code of Regulations, as may be amended from time to time, is defined as any turf (grass) that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. "Non-Functional Turf" does not include sports fields and turf that is regularly used for human recreational purposes of for civic or community events.

1. Notwithstanding subsection (C)(1), the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need.

2. Notwithstanding subsection (C)(1), the City may approve a request for continued irrigation of nonfunctional turf where the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration.

D. Wasteful and Unreasonable Water Uses are prohibited as listed in section 995 of title 23 of the California Code of Regulations to prevent unreasonable use of water and to promote water conservation. The following water usage activities are prohibited:

1. Washing down paved surfaces, including but not limited to sidewalks, driveways, parking lots, tennis courts, or patios, except when it is necessary to alleviate safety or sanitation hazards.

2. Water waste resulting from inefficient landscape irrigation, such as runoff, low head drainage, or overspray, etc. Similarly, irrigation causing water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures are prohibited.

3. Irrigation is prohibited during and within 48 hours after measurable rainfall of at least one-fourth of one inch of rain.

4. Use of a handheld hose equipment without a positive shut-off nozzle to wash vehicles, except where the hose is fitted with a shut-off nozzle. It is encouraged to use a bucket to wash vehicles or at a commercial site with recirculated water.

5. Use of potable water to operate ornamental fountains with exceptions for those fountains that use pumps to recirculate water and only require refilling to replace evaporative losses.

6. Use of potable water for street cleaning or construction purposes, unless non-potable water is unavailable or as-needed to protect the health and safety of the public. 16 May 6, 2024 Item 11

EXHIBIT B
Created: 2024-04-03 15:46:32 [EST]
(Supp. No. 8)

Page 5 of 9 ends

E. In addition to the water usage reductions and other conditions referenced in subsections B, C, and D above, when Level 1 is declared and in effect all persons are requested to comply with the following water demand reduction measures;

1. Irrigate residential and commercial landscape before 10:00 a.m. or after 6:00 p.m.; limited to three applications per week.

2. Serve and re-fill water in restaurants, bars, and other food service establishments only upon request.

3. Offer guests in hotels, motels, and other commercial lodging establishments the option of not laundering towels and linens daily.

4. Repair all water leaks within 72 hours of notification by the City.

Additional Conditions on Uninterrupted Delivery: None.
(Ord. No. 816; Ord. No. 828; Ord. No 948 , § 2, Exh. B, 6-3-2019; Ord. No. 984 , § 1, 12-13-2021; Ord. No. 991 , § 1, 7-11-2022; Ord. No. 998 , § 1, 6-19-2023)

21.70.120 Water Shortage Level 2—Warning Condition.

A. Water Shortage Level 2 condition is also referred to as a " Water Shortage Warning" condition. Level 2 shall be declared when the City determines that water usage should be reduced up to 20 percent from the ordinary demand requirement, as determined by the City.

B. When Level 2 is declared and in effect, metered customers of the City shall receive uninterrupted water delivery subject to the modified volumetric rates as follows:

Bimonthly Bimonthly Rate per Unit of Water Used During Water Shortage Level 2 Usage 7/1/2024 7/1/2025 7/1/2026 7/1/2027 7/1/2028
Single-Family
Tier 1: 1-22 units $6.44 $6.57 $6.70 $6.84 $6.97
Tier 2: 23+ units $7.58 $7.73 $7.89 $8.04 $8.21
Multi-Family $7.04 $7.19 $7.33 $7.48 $7.62
Commercial/ $6.99 $7.14 $7.28 $7.43 $7.57
Institutional
Irrigation $7.68 $7.83 $7.99 $8.15 $8.31
Fairgrounds $8.58 $8.75 $8.92 $9.10 $9.28
C. When Level 2 is declared and in effect, the demand reduction measures listed in Level 1 shall become mandatory. Additional measures may be implemented based on City Council direction or Emergency Orders. (Ord. No. 816; Ord. No. 828; Ord. No. 903; Ord. No 948 , § 2, Exh. B, 6-3-2019; Ord. No. 991 , § 1, 7-11-2022; Ord.

No. 998 , § 1, 6-19-2023)
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21.70.130 Water Shortage Level 3— Acute Condition.

A. A Water Shortage Level 3 condition is also referred to as an "Acute Water Shortage" condition. Level 3 shall be declared when the City determines that water usage should be reduced up to 30 percent from the ordinary demand requirement, as determined by the City.

B. When a Level 3 is declared and in effect, metered customers of the City shall receive uninterrupted water delivery subject to the modified volumetric rates as follows:

Volumetric rates applied to usage by customer classes.

Bimonthly Bimonthly Rate per Unit of Water Used During Water Shortage Level 3 Usage 7/1/2024 7/1/2025 7/1/2026 7/1/2027 7/1/2028
Single-Family
Tier 1: 1-22 units $6.55 $6.69 $6.83 $6.96 $7.10
Tier 2: 23+ units $7.72 $7.87 $8.03 $8.19 $8.35
Multi-Family $7.20 $7.35 $7.50 $7.65 $7.80
Commercial/ $7.12 $7.27 $7.42 $7.56 $7.71
Institutional
Irrigation $8.27 $8.43 $8.61 $8.78 $8.96
Fairgrounds $9.02 $9.20 $9.38 $9.57 $9.76
C. In addition to the water usage reductions and other conditions referenced in Level 1 and Level 2, when Level 3 is declared and in effect all persons are requested to comply with the following water demand reduction measures:

1. Irrigate residential and commercial landscape before 10:00 a.m. or after 6:00 p.m.; limited to two applications per week. Irrigation is prohibited during and within 48 hours after measurable rainfall of at least one-fourth of one inch of rain.

2. Repair all water leaks within 48 hours of notification by the City.

3. Only wash vehicles or at a commercial site with recirculated water. (Ord. No. 816; Ord. No. 828; Ord. No. 903; Ord. No 948 , § 2, Exh. B, 6-3-2019; Ord. No. 998 , § 1, 6-19-2023)

21.70.140 Water Shortage Level 4—Critical Condition.

A. A Water Shortage Level 4 condition is also referred to as a " Critical Water Shortage " condition. Level 4 shall be declared when the City requires a demand reduction of 40 percent in order for the City of Del Mar to have maximum supplies available to meet anticipated demands from the ordinary demand requirement, as determined by the City.

B. When Level 4 is declared and in effect, metered customers of the City shall receive uninterrupted water delivery subject to the modified volumetric rates as follows:

Volumetric rates applied to usage by customer classes.
18 May 6, 2024 Item 11

EXHIBIT B
Created: 2024-04-03 15:46:32 [EST]
(Supp. No. 8)

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Bimonthly Bimonthly Rate per Unit of Water Used During Water Shortage Level 4 Usage 7/1/2024 7/1/2025 7/1/2026 7/1/2027 7/1/2028
Single-Family
Tier 1: 1-22 units $6.69 $6.83 $6.97 $7.11 $7.25
Tier 2: 23+ units $7.88 $8.04 $8.20 $8.36 $8.53
Multi-Family $7.41 $7.56 $7.71 $7.86 $8.02
Commercial/ $7.28 $7.43 $7.58 $7.73 $7.88
Institutional
Irrigation $9.50 $9.69 $9.89 $10.09 $10.29
Fairgrounds $9.75 $9.95 $10.14 $10.34 $10.55
C. The water usage reductions and other conditions established in Level 1, Level 2, and Level 3 will remain in place. Additional demand reduction measures will be established by the City Council and implemented. (Ord. No. 816; Ord. No. 828; Ord. No. 903; Ord. No 948 , § 2, Exh. B, 6-3-2019; Ord. No. 998 , § 1, 6-19-2023)

21.70.150 Water Shortage Level 5—Emergency Condition.

A. A Water Shortage Level 5 condition is also referred to as a "Water Shortage Emergency" condition. A Level 5 shall be declared when the City requires a demand reduction of 50 percent in order for the City of Del Mar to have maximum supplies available to meet anticipated demands from the ordinary demand requirement, as determined by the City.

B. When Level 5 is declared and in effect, metered customers of the City shall receive uninterrupted water delivery subject to the modified volumetric rates as follows:

Volumetric rates applied to usage by customer classes.

Bimonthly Bimonthly Rate per Unit of Water Used During Water Shortage Level 5 Usage 7/1/2024 7/1/2025 7/1/2026 7/1/2027 7/1/2028
Single-Family
Tier 1: 1-22 units $6.87 $7.02 $7.16 $7.30 $7.45
Tier 2: 23+ units $8.09 $8.26 $8.42 $8.59 $8.76
Multi-Family $7.68 $7.84 $8.00 $8.16 $8.31
Commercial/ $7.48 $7.63 $7.79 $7.94 $8.10
Institutional
Irrigation $13.82 $14.09 $14.38 $14.67 $14.97
Fairgrounds $11.26 $11.48 $11.70 $11.94 $12.18
19 May 6, 2024 Item 11

EXHIBIT B
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(Supp. No. 8)

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C. The water usage reductions and other conditions established in Level 1, Level 2, Level 3, and Level 4 will remain in place. Additional demand reduction measures will be established by the City Council and implemented.
( Ord. No. 998 , § 1, 6-19-2023)

21.70.160 Water Shortage Level 6—Catastrophic Condition.

A. A Water Shortage Response Level 6 condition is also referred to as a "Catastrophic Water Shortage" condition. Level 6 shall be declared when the City declares a water shortage emergency pursuant to California Water Code Section 350 which requires a demand reduction of greater than 50 percent in order for the City of Del Mar to have maximum supplies available to meet anticipated demands from the ordinary demand requirement, as determined by the City.

B. When Level 6 is declared and in effect, metered customers of the City shall receive uninterrupted water delivery subject to the modified volumetric rates as follows:

Volumetric rates applied to usage by customer classes.

Bimonthly Bimonthly Rate per Unit of Water Used During Water Shortage Level 6 Usage 7/1/2024 7/1/2025 7/1/2026 7/1/2027 7/1/2028
Single-Family
Tier 1: 1-22 units $6.97 $7.12 $7.26 $7.41 $7.55
Tier 2: 23+ units $8.21 $8.38 $8.54 $8.71 $8.89
Multi-Family $7.88 $8.04 $8.20 $8.36 $8.53
Commercial/ $7.59 $7.75 $7.91 $8.06 $8.22
Institutional
Irrigation N/A N/A N/A N/A N/A
Fairgrounds $14.05 $14.32 $14.60 $14.90 $15.19
Note: Irrigation use is assumed to be curtailed at this Shortage Level.

B. The water usage reductions and other conditions established in Level 1, Level 2, Level 3, Level 4 and Level 5 will remain in place. Additional demand reduction measures will be established by the City Council and implemented.
( Ord. No. 998 , § 1, 6-19-2023)

21.70.170 Wastewater Utility Rates During Water Shortage Conditions.

A. Wastewater customers are billed for sewer service based on their water usage. During water shortage periods, water usage will decline and threaten the fiscal stability of the wastewater utility. Therefore, during water shortage periods, wastewater charges will be calculated based on the assumption that sewer usage is the same as the commensurate month from the last non-drought fiscal year. Drought sewer charges will be lifted after one full year of non-drought consumption records can be established.

1. Residential. Sewer discharges will be estimated based on the assumed sewage usage during the last non-drought year.
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2. Commercial. Sewer discharges will be estimated based on 90 percent of the water usage during the last non-drought year. A user may petition to have their sewer discharge (water usage) assumption lowered if their annual water demand drops below their non-drought water demands by a level below the drought reduction levels plus an additional 20 percent. As a user can meet the previously defined criteria, their sewage discharge assumptions will be lowered to the current water demands, adding back any water savings required under the drought requirements. As an example, if the drought reductions are 20 percent, and the user drops their water consumption by 45 percent, then the resulting sewer will be calculated based on 120 percent of the current water consumption.

3. Fairgrounds. Sewer commodity charges during drought conditions will be calculated based on the greater of (1) the rolling average of the past same bimonthly period during the last three fiscal years or (2) the actual metered sewage.
(Ord. No 948 , § 2, Exh. B, 6-3-2019; Ord. No. 998 , § 1, 6-19-2023)

21.70.180 Additional Conditions on Uninterrupted Delivery.

In accordance with California Government Code § 53756, the rates posted above will be adjusted accordingly to account for any increases in the purchase cost of wholesale water, or increases in inflationary measure. ( Ord. No. 998 , § 1, 6-19-2023)
21 May 6, 2024 Item 11

EXHIBIT C
TITLE 22 - SEWERS AND SEWAGE DISPOSAL
Chapter 22.04 GENERAL
Del Mar, California, Municipal Code Created: 2024-04-03 15:46:32 [EST] (Supp. No. 8)

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Chapter 22.04 GENERAL

22.04.010 Definitions.

For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section.

A. Unless otherwise defined herein, terms related to water quality shall be as adopted in the latest edition of Standard Methods for Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Environment Federation.

The testing procedures for waste constituents and characteristics shall be as provided in 40 CFR 136 (Code of Federal Regulations).

B. Other terms not herein specifically defined shall have the same definition as set forth in the latest adopted editions of the California Codes of Regulations applicable to building construction adopted pursuant to the California Building Standards Law.

C. Subject to the foregoing provisions, the following definitions shall apply in these regulations:

1. Applicant means any person who applies for connections to the sewer system.

2. Assessment means a levy of special assessment which is shown on the records of the City. Any other assessment for a sewer main shall be construed as a nominal or partial assessment for the purposes of this Chapter.

3. Best Management Practices means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the introduction of Fats, Oils, and Grease (FOG) to the sewer facilities as more specifically provided for in Subsection

22.08.051.B. of these regulations.

4. Change in Operations. Any change in the ownership, food types, operational procedures or business practices that have the potential to increase the amount of FOG generated and/or discharged by Food Service Establishments in an amount that alone or in conjunction with other FOG discharges causes or creates a potential for sanitary sewer overflows (SSOs) to occur.

5. City. The City of Del Mar or the City Council of Del Mar.

6. Composite Sample. A collection of individual samples obtained at selected intervals based on an increment of either flow or time. The resulting mixture (composite sample) forms a representative sample of the waste stream discharged during the sample period.

7. Department. The Department of Public Works of the City. Action of the Department may be taken by the Director of Public Works or his duly authorized representative.

8. Director. The person designated by the City Manager to have charge of the administration and supervision of the Public Works Department, and such other duties as the City Manager may prescribe.

9. Discharger. Any person who discharges or causes a discharge of wastewater or waste directly or indirectly to the sewer facilities. Discharger shall mean the same as User. 22 May 6, 2024 Item 11

EXHIBIT C
Created: 2024-04-03 15:46:32 [EST]
(Supp. No. 8)

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Del Mar City CouncilMay 6, 2024

Del Mar City Council
May 6, 2024