Agenda, regular meeting, first session — Del Mar City Council, June 17, 2024 (part 2 of 2)

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held the 5
th day of September, 2023.
___________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
__________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, Sarah Krietor, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2023-33, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 5
th day of September, 2023, by the following vote:

AYES: Mayor Martinez, Deputy Mayor Quirk, Councilmembers Druker, Gaasterland, and Worden
NOES: None
ABSENT: None
ABSTAIN: None

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
Attachment B 120 June 17, 2024 Item 11
Council Adopted 11/13/2023; Amended 12/18/2023

CITY OF DEL MAR

GUIDING PRINCIPLES RELATED TO THE LOSSAN RAIL

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

City Council adoption of these guiding principles establishes the City of Del Mar’s official position regarding this important project. Comments by individual Councilmembers that conflict with these adopted guiding principles are not representative of the City’s position. 1) Removing the rail line from the environmentally sensitive and fragile Del Mar Bluffs to an inland location by 2035 is a top priority for the City and the region. 2) The San Diego Association of Governments (SANDAG) must thoroughly explore all portal locations that eliminate impacts to, and the need for acquisition of, private property. 3) It is critically important that SANDAG engage the public through every means possible to ensure a robust public participation process in which the public can participate fully, receive answers to questions, and provide feedback for consideration prior to decisions being made. 4) The coming SANDAG studies must include a reasonable range of feasible alternative rail alignments, including the I-5 and proposed Fairgrounds alignments, and must also include a “no project” alternative as required by federal and state environmental laws. 5) An independent, forward-looking cost benefit analysis must be performed comparing the cost and benefits of the proposed final project to the alternatives, and should consider costs due to risks of bluff failure.
6) Del Mar expects to be intimately involved in the SANDAG study process with an opportunity to comment at each stage along the way.
7) Recognizing that elimination of the rail line is not within the power of the City of Del Mar, SANDAG, or the North County Transit District, Del Mar encourages those who want to advocate for closure of the rail line to address their comments to the federal and state governments who hold this authority and their respective representatives. 8) The City Council pledges to be open and transparent with the public regarding this important project and expects SANDAG to do the same.
9) In addition to the Coastal Commission requirements related to the Del Mar Bluffs 5 Project mitigation, the LOSSAN Rail Realignment Project should include removal of seawalls and the creation of a trail wherever the tracks are removed in Del Mar. 10) With regard to study of a potential Fairgrounds rail alignment, SANDAG must respect and protect the operational, economic, environmental and planning needs of the 22nd DAA and of the proposed Del Mar housing program on the Fairgrounds, and as a key stakeholder, the 22nd DAA must be proactively engaged by SANDAG throughout the process.

Attachment C 121 June 17, 2024 Item 11
DRAFT Attachment D
Preliminary Council Questions and Comments on the
Notice of Preparation (NOP) of a Draft Environmental Impact Report (EIR) for the LOSSAN Rail Realignment Project (Project)
Questions:

1. For Alternative A (I-5 Alignment), what is the incremental extra impact of adding a 2% grade (downward north to south) in the Solana Beach trench on top of the already planned double tracking construction?
a. Is any additional cutting needed for the downward grade beyond what is needed for the double tracking?
b. If no, would the trench already be the “cut” and would only need to be “covered”?

2. What are the trade-offs and parameters that must be considered when deciding where to end tunneling and start cut-and-cover at the north end of Alternative A?

3. What is the incremental cost of double tracking in Solana Beach versus Alternative A?

4. Can tunneling extend further northward and thus the cut-and-cover be shifted to the north closer to Via de la Valle?

5. What dept does the tunnel need to be to eliminate impacts from noise and vibration?

6. Will the tunnel ventilation system run continuously and how noisy will it be for adjacent properties?

7. How long are typical freight trains? Will there be any limitation on the length of freight trains once the tunnel is built?

8. What is the current and expected type of freight carried and to be carried?

9. Will there be enhanced safety measures associated with the tunnel to reduce the possibility of derailments?

10. What will SANDAG’s evaluation criteria be to determine the environmentally preferred alignment? What will the ranking be for the criteria?

11. Why does the NOP identify three alternative alignments rather than identify a “proposed project?” CEQA expects a “proposed project” to be identified along with a “range of reasonable alternatives” to that proposed project. It’s very difficult for the public to comment on this NOP without knowing what the proposed project alignment is. The public is asked by this NOP to conjure what a reasonable range of alternatives might be to each of three proposed alignments, and to numerous options for portal locations. The current NOP identifies alternatives, not the required proposed project.

See, CEQA Guidelines Section 15378 defining “project” and Section 5126.6 describing how to review alternatives.
122 June 17, 2024 Item 11
DRAFT Attachment D

12. Is rail removal from the bluff part of the project to be addressed in the EIR? The NOP states part of the project objectives is to “Improve rail service reliability by relocating the existing railroad tracks away from the eroding coastal bluffs in Del Mar.” CEQA defines a project to be studied in an EIR as “the whole of an action” and does not allow breaking a project into pieces.

CEQA Guidelines Section 15378(a) "Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment…”

13. Will removal of the tracks from the North Portal and/or from the CDM Bridge to Coast Blvd be studied in the EIR as part of the project? It seems all of this track removal related activity is part of the “whole” of the project.

14. Will the EIR address impacts to the old train station?

15. Will the EIR address what will happen to the land under the current tracks when the existing rails are relocated? It seems that’s part of the whole project. Will the land revert to the federal government? Remain with NCTD? Revert to the City? Other?

16. Will the EIR address mitigation opportunities for the RR Wye property and the old spur line to the NCTD parking lot?

17. Will the EIR study potential flood impacts to North Beach and the Wye from the proposed flood walls?

18. Does SANDAG agree that its environmental review should treat the identification and analysis of project alternatives in a manner that complies with both CEQA and NEPA? How alternatives are identified and addressed should be consistent under CEQA and NEPA meeting the highest applicable standard to avoid two different sets of alternatives and different analyses.

19. Does SANDAG agree Del Mar is a “Responsible Agency” under CEQA with all the rights that go with that status? Encroachment permits, traffic plans, and other approvals will be required from the City of Del Mar. The definition of a "Responsible Agency" under CEQA is:

A responsible agency is an agency other than the lead agency with a legal responsibility for carrying out or approving a project. A responsible agency must be involved during the project scoping, planning and CEQA document preparation stages (CEQA Guidelines, Sections 15096 and 15381).

20. Does SANDAG agree that because the rail relocation project is of “Statewide, Regional, or Area wide Significance” within the meaning of CEQA Guidelines Section 15206 that it should be treated as such?

21. Will the option of separating the freight rail service and moving it further inland and leaving the passenger service in Del Mar be considered in the EIR? 123 June 17, 2024 Item 11
DRAFT Attachment D

22. Will the option of locating a north portal farther north between the CDM/JDB intersection and the RR trestle than the options shown in the NOP be considered in the EIR?

23. Can SANDAG explain how it plans to coordinate CEQA review by EIR with NEPA review by EIS? Is a joint EIR/EIS contemplated? Will there be separate documents and separate review processes?

24. Can SANDAG provide an overall timeline for the project, including the EIR and EIS, when a benefit-cost study will be done and available to the public, when technical and construction related plans will be available to the public, when the details of the three alignment routes will be available, when any property to be acquired will be identified along with the process and procedure for acquisitions, when mitigation measures and a MMRP will be available for public review, when the project is expected to go before the SANDAG Board and how the public can engage at that point, when any required findings will be drafted and available for public review, and when SANDAG might make CEQA “findings of overriding significance?” The public needs at least a basic outline of how the timeline under which all this will unfold to make meaningful input at each stage of the process.

25. Will the NOP and EIR identify the “environmentally superior” alternative as required by CEQA? See, CEQA Guidelines Section 15126.6(e) (2)).

26. Will the EIR identify any alternatives that were considered early in the scoping process but rejected, explaining why, as required by CEQA Guidelines Section 15126.6(c)?

27. Will SANDAG agree to fund an independent consultant to be selected by the City of Del Mar to evaluate the environmental issues and documents as the project proceeds? Del Mar is the “host” city for the project and will uniquely experience the most impacts and is lacking the expertise to address these issues without professional assistance.

Comments:

1. While the draft NOP does a decent job of identifying topics to be addressed, the following is submitted as a more complete list. As to each identified impact below add the following:
“During construction, during operations, and during maintenance, address impacts coming from current levels of service and from projected future service levels throughout the project lifetime; and include appropriate mitigation measures to reduce levels to insignificance.”
• Noise
• Vibration
• Air pollution
• Water pollution (including surface and ground water)
• Risks from hazardous materials, including petroleum products, military munitions, and other hazardous materials
• Ventilation
124 June 17, 2024 Item 11
DRAFT Attachment D
• Risks and expected frequency of derailment or other rail accidents • Impacts to the San Dieguito and Penasquitos Lagoons
• Growth induction, in Del Mar, at the Fairgrounds, and regionally • Impacts to public health during construction and the lifetime of the tunnel
Also include the following which may not vary with service level:
• Soils and geology
• Tunneling—during construction and maintenance and repairs • Drainage
• Impacts of tunneling below the water table
• Spoils disposal, including where, how, and extent
• Night work and its impacts
• Traffic impacts and mitigation
• Economic and social impacts to the city, residents, and businesses (including the Del Mar Fairgrounds)

2. The NOP should also analyze the following potential environmental impacts:
a. Geotechnical impacts including long-term settling, water drainage, impact of earthquakes, sea-level rise, composition of soils, and settlement of the tunnel b. Long term impacts of single bore vs. twin bore tunnel construction c. Impacts to the San Dieguito and Los Penasquitos Lagoons d. Impacts to the hydrology of the San Dieguito River and the City of Del Mar’s ability to construct a living levee(s)
e. Impacts to property values, disruption to the community, eminent domain, tourism, and City of Del Mar revenues during construction and in the long-term f. Construction impacts, including traffic and road closures, access for emergencies (e.g., fire, ambulance, Sheriff) and associated mitigation

3. The EIR should study the environmental benefits of each alternative alignment.

4. The environmental review should include examples of similar freight train tunnels that have been constructed under residential areas.

5. SANDAG should use drones to visually document and map for the public the exact path the proposed alternatives would take through the City of Del Mar. a. Dones should also be used to visually map the outline of the proposed portal locations to create realistic 3D renderings.

6. While an EIR normally addresses only environmental impacts, in situations like this where the project has the potential to split the community, social and economic impacts may be considered to evaluate the significance of the physical changes to the environment. See, CEQA Guidelines Section 15131(b):
125 June 17, 2024 Item 11
DRAFT Attachment D
“(b) Economic or social effects of a project may be used to determine the significance of physical changes caused by the project. For example, if the construction of a new freeway or rail line divides an existing community, the construction would be the physical change, but the social effect on the community would be the basis for determining that the effect would be significant.”
The Rail Relocation project will split Del Mar, in part above and in part below ground.

The social and economic impacts to the business community, to city finances, to property values, to the fairgrounds, to tourism, and to the community’s sense of wellbeing and safety should be addressed, along with any other relevant social and economic issues.
126 June 17, 2024 Item 11
City of Del Mar
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Monica Molina, Finance Manager/Treasurer
Ashley Jones, City Manager

DATE: June 17, 2024
SUBJECT: Adoption of the Fiscal Year 2024-25 Budget Update REQUESTED ACTION/RECOMMENDATION:

It is recommended that the City Council review the proposed update to the Fiscal Year 2024- 25 Operating and Capital Budget and take the following actions:

1. Adopt a Resolution Amending the Fiscal Year 2024-25 Operating and Capital Budget (Attachment A);

2. Adopt a Resolution Adopting the Compensation Plans for the Management and Professional, General, Firefighter, and Miscellaneous, Part Time, Temporary and Hourly Employees for Fiscal Year 2024-2025 (Attachment B);

3. Adopt a Resolution Establishing the Fixed Charge Assessments for Bonded Indebtedness for Fiscal Year 2024-25 (Attachment C);

4. Adopt a Resolution Establishing the Appropriations Limit for Fiscal Year 2024-25 (Attachment D);

5. Adopt a Resolution Approving the Statement of Investment Policy for Fiscal Year 2024-25 (Attachment E); and

6. Adopt a Resolution Setting User Fee Schedule effective July 1, 2024 (Attachment F).

7. Adopt a Resolution Setting Parking Violation Schedule effective July 1, 2024 (Attachment G).

BACKGROUND:

On June 19, 2023, the City Council adopted the FY 2023-24 and 2024-25 Operating and Capital Budget (Original Budget). As is standard practice in the second year of a two-year budget, the purpose of this agenda item is to update the FY 2024-25 Budget in preparation for the start of the new fiscal year on July 1, 2024. The Original Budget was prepared with the assumption that all General Fund revenue sources would meet or exceed pre-pandemic levels before the beginning of FY 2023-24, restored services to pre-pandemic levels, funded important operations and re-established capital and special projects that were previously placed on hold. The second year (FY 2024-25) of the Original Budget was adopted with a General Fund Contingency (GFC) of 26.54% (97 days of operations) and included reserve transfers of $360,000 to the Pension Reserve, $300,000 to the Housing Reserve, $200,000 to the Capital Reserve, and $100,000 to the Equipment Replacement Reserve.

On May 21, 2024, staff presented the proposed FY 2024-25 Budget Update (Budget Update) to the City’s Finance Committee who expressed support for the recommended adjustments.

A similar report was presented to the City Council on June 3, 2024, at which time the Council provided feedback for incorporation in the final FY 2024-25 Budget Update presented in this report for the Council consideration. The June 3, 2024, City Council agenda report provides 1 June 17, 2024 Item 12
City Council Agenda Report
Fiscal Year 2024-25 Budget Update Report
June 17, 2024

Page 2 of 5 ends

more detailed information about the recommended adjustments to the FY 2024-25 Budget, which are summarized in this agenda report, and can be found at:
https://www.delmar.ca.us/AgendaCenter/ViewFile/Agenda/_06032024-3466

DISCUSSION/ANALYSIS
The purpose of this budget update is to review and make necessary changes to the second year of the Original Budget that was approved by the City Council on June 19, 2023. The City continues to be in a healthy financial position and has recovered from the economic impacts of COVID-19, with all revenues back to pre-COVID levels. Increasing projected revenues cover the rising cost of expenditures due to inflation and allow the City to continue to transfer funds to reserves to ensure the City’s capital, pension, equipment replacement, and housing needs are properly planned for and available when needed.

Based on the current positive revenue trends and increases in operational costs, staff is recommending adjusting revenue and expenditure projections for the upcoming FY 2024-25 Budget. The proposed FY 2024-25 Budget Update presented in this report reflects an anticipated increase in revenues totaling $2,095,400 (5.7%) and an increase to expenditures of $1,487,810 (3.6%).

Although there are significant budget adjustments being recommended as part of the Budget Update, staff is pleased to present a revised balanced budget that reports a General Fund Contingency of $4,837,122 or 25.69% (94 days of operations). The Budget Update also includes additional capital and special project expenditures related to the City work plan that was approved by the City Council during the Goal Setting Workshop on March 11, 2024, and an additional transfer of $2.3 million to the Capital Reserve Fund.

REVENUE PROJECTIONS
Staff completed a comprehensive review of current revenue trends to determine new projected revenues for FY 2024-25. Based on positive property tax trends, a slight increase in Transient Occupancy Tax (TOT), slower recovery of sales tax receipts, and impacts to other revenue sources, staff’s recommended revenue adjustments continue to be based on the idea that revenues will be closely monitored throughout the year and re-evaluated at MidYear. In comparison to the Original Budget, General Fund revenues included in the Budget Update are projected to increase by $1,589,770, resulting in a new General Fund revenue total of $22,320,310 and are summarized in Table A below.

Table A: FY 2024-25 Budget Update General Fund Revenue Adjustments Revenue Source Original Budget
(06/19/23)
Recommended
Adjustment
Budget Update
(06/17/24)
Property tax $7,463,040 $569,460 $8,032,500
TOT 3,800,000 20,000 3,820,000
Franchise tax 300,000 130,000 430,000
Business license tax 210,000 140,000 350,000
Parking violations 950,000 300,000 1,250,000
Investment income 270,000 130,000 400,000
Coronavirus relief funds - 162,310 162,310
2 June 17, 2024 Item 12
City Council Agenda Report
Fiscal Year 2024-25 Budget Update Report
June 17, 2024

Page 3 of 5 ends

Planning services 1,082,000 138,000 1,220,000
Other revenue 6,655,500 - 6,655,500
Total $20,730,540 1,589,770 $22,320,310
Other Non-General Fund Revenue Adjustments
Included in this report is a total net increase of $469,630 in non-General Fund revenue adjustments which include an increase in the Enterprise Funds of $133,000 to the Water Fund, and $180,000 to the Wastewater Fund based on current activity. The Revenue Summaries report (Exhibit A to Attachment A) includes all recommended revenue adjustments for FY 2024-25.

OPERATING EXPENDITURES
The FY 2024-25 Budget Update reflects an increase to General Fund operational expenditures of $857,560 (5.4%). Operational expenditures consist of Employee Services; Maintenance and Operations; and Contractual Services. In comparison to the Original Budget, the Employee Services category increased by $232,900 (2.8%); the Maintenance and Operations category increased by $195,180 (12.6%); and the Contractual Services category increased by $429,480 (7.3%). Recommended adjustments to operating expenditures are summarized in Table B below.

Table B: FY 2024-25 Budget Update General Fund Expenditure Adjustments Expenditure Program Adopted
Budget
(06/19/23)
Recommended
Adjustment
Budget Update
(06/17/24)
General Government $5,831,160 $512,350 $6,343,510
Public Safety 8,329,170 298,690 8,627,860
Public Works 796,880 31,900 828,780
Non-departmental 827,950 14,620 842,570
Total $15,785,160 $857,560 $16,642,720
Equipment Replacement
Included in the Budget Update is an increase of $153,840 in the Equipment Replacement Fund, $150,000 of which will be applied toward an initial lease to own payment to replace the Public Works jet vacuum truck. This increase does not have an impact to the General Fund Contingency since it is paid out of the Equipment Replacement Reserve Fund.

Other Non-General Fund Expenditure Adjustments
The Budget Update also reflects a total net increase of $263,910 in Non-General Fund revenue adjustments which includes Enterprise Fund increases of $52,420 to the Water Fund, and $62,230 to the Wastewater Fund based on current costs. The Expenditure Summaries report (Exhibit A to Attachment A) includes all recommended expenditure adjustments for FY 2024-25.

CAPITAL IMPROVEMENT AND SPECIAL PROJECTS
On March 11, 2024, the City Council held a Goals and Priorities Setting Workshop, which is the basis for the City’s annual work plan and aids City staff in identifying the necessary budgetary and staffing resources to accomplish the Council established goals. The City Work 3 June 17, 2024 Item 12
City Council Agenda Report
Fiscal Year 2024-25 Budget Update Report
June 17, 2024

Page 4 of 5 ends

Plan includes Capital Improvement and Special Projects for FY 2024-25. To ensure sufficient funding for these important projects, the Budget Update includes an increase of $160,000 in Capital Improvements (Table C) and a net increase of $52,500 in Special Projects (Table D).

Table C: FY 2024-25 Budget Update Capital Improvement Project Adjustments Project Name
Adopted
Budget
(06/19/23)
Recommended
Adjustments
Budget
Update
(06/17/24)
29th Street Sea Wall and Beach
Access
$50,000 - $50,000
Powerhouse Repairs/Improvements 31,000 - 31,000
Pavement Rehabilitation* 700,000 $50,000 750,000
Major Facilities Maintenance 100,000 - 100,000
CDM Bridge-Federal Funding 1,250,000 - 1,250,000
CDM Bridge-Local Match 161,950 - 161,950
Major Arterial Bike Route Repairs 60,000 - 60,000
Small Area Pavement Repairs - 60,000 60,000
Jimmy Durante Blvd Bluff Repairs - 50,000 50,000
Citywide Bridge Repairs 100,000 - 100,000
Storm Drain Improvements 365,000 - 365,000
Total $2,817,950 $160,000 $2,977,950
*$45,500 is paid out of Measure Q Funds
Table D: FY 2024-25 Budget Update Special Project Adjustments

PROJECT NAME
Adopted
Budget
(06/19/23)
Recommended
Adjustments
Budget
Update
(06/17/24)
Legal Fees for other Special Projects $20,000 $2,500 $22,500 SCOUP Sand Replenishment Permit - 40,000 40,000
Fairgrounds Housing Agreement 88,960 250,000* 338,960*
Short Term Rental Ordinance 10,000 - 10,000
Affordable Housing Incentives 2,000 - 2,000
TSVS Updates 155,000 - 155,000
Update Public Tree Policy 26,000 - 26,000
Implement Solar Access App 5,000 - 5,000
Rezone North Bluff/ South Stratford 310,000 (310,000) - Affordable Housing City-owned Property - 50,000 50,000
Civic Center Outdoor Lighting - 20,000 20,000
Totals $616,960 $52,500 $669,460
*Funded out of the Housing Reserve Fund
4 June 17, 2024 Item 12
City Council Agenda Report
Fiscal Year 2024-25 Budget Update Report
June 17, 2024

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IMPACTS TO GENERAL FUND RESERVES
Year-End Transfers
Based on the priority to fund capital projects that are anticipated to proceed in the upcoming fiscal years, staff is recommending transferring $2.3 million in surplus funds above the 25% General Fund Contingency to the Capital Reserve Fund in FY 2024-25. These funds can then be used to cover existing gaps in funding for the San Dieguito Drive Improvement, Camino Del Mar Bridge, and the Riverpath Del Mar projects. The Original Budget already includes a $200,000 transfer to the Capital Reserve Fund with a projected reserve balance at June 30, 2025, of $850,000. If the additional transfer of $2.3 million is approved, the new Capital Reserve balance at June 30, 2025, would be $3.15 million.

At this time, staff is not recommending additional transfers to any other reserve funds.

Additional transfers may be recommended based on the FY 2023-24 final financial results and the FY 2024-25 Mid-Year Financial Report.

BUDGET RELATED RESOLUTIONS
In conjunction with the approval of the FY 2024-25 Budget Update, the City Council is required to approve the following resolutions, which are described in more detail as attachments to this report:
1) Adopting the Compensation Plan for Firefighters and General Employees for Fiscal Years 2024-2025 (Attachment B);
2) Fixed charge assessments for bonded indebtedness (Attachment C); 3) Establishing the Appropriations Limit (Attachment D); 4) Adopting the Statement of Investment Policy (Attachment E); 5) Setting the User Fee Schedule effective July 1, 2024 (Attachment F); ATTACHMENTS:

Attachment A - Resolution Amending the Fiscal Year 2024-2025 Operating and Capital Budget
Attachment B - Resolution Adopting the Compensation Plans for the Management and Professional, General, Firefighter, and Miscellaneous, Part Time, Temporary and Hourly Employees for Fiscal Year 2024-2025 Attachment C - Resolution Establishing the Fixed Charge Assessments for Bonded Indebtedness for Fiscal Year 2024-2025
Attachment D - Resolution Establishing the Appropriations Limit for Fiscal Year 2024- 2025
Attachment E - Resolution Approving the Statement of Investment Policy for Fiscal Year 2024-2025
Attachment F - Resolution Setting User Fee Schedule effective July 1, 2024 Attachment G - Resolution Setting Parking Violation Fines effective July 1, 2024 5 June 17, 2024 Item 12
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING THE FISCAL YEAR 2024-2025

OPERATING AND CAPITAL BUDGET
WHEREAS, on June 19, 2023, the City Council of the City of Del Mar passed Resolution 2023-21 adopting the Fiscal Years 2023-24 and 2024-25 Operating and Capital Budget; and
WHEREAS, information not available at the time of the budget adoption requires an update to the FY 2024-25 Operating and Capital Budget in order to deliver the services expected by the City Council; and
WHEREAS, the City Council has been presented with and has accepted and approved the Budget Update to the Fiscal Year 2024-25 Operating and Capital Budget along with additional recommendations and appropriations setting the levels of reserves, and transfer in and transfer out between funds, and other related expenditures; and WHEREAS, the City Council gives authorization to the City Manager to approve the purchase of Capital Equipment that has been previously approved by the City Council and is included in the Fiscal Year 2024-25 Operating and Capital Budget. The items and appropriation are as follows:

Jet Vacuum Truck – Public Works $150,000
All-Terrain Vehicle (ATV) – Community Services 45,000
Utility Truck (2) – Public Works 76,000

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; and

2. The Fiscal Year 2024-25 Operating and Capital Budget is accepted and amended as shown on Exhibit “A” to the resolution; and

3. The City Manager has the authority to make the equipment replacement purchases identified above and move appropriations between programs as long as the total dollars do not exceed that approved by the City Council.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 17th day of June 2024.

________________________________
Dave Druker, Mayor
City of Del Mar
6 June 17, 2024 Item 12
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 17th day of June 2024, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
7 June 17, 2024 Item 12

BEGINNING ENDING

BALANCE O & M CIP/SP BALANCE
JUL 1, 2024 REVENUES EXPENDITURES EXPENDITURES IN (OUT) JUN 30, 2025 ESTIMATE FY 2025 FY 2025 FY 2025 FY 2025 FY 2025 ESTIMATE CONTINGENCY 25.69% 22,235,410 6,202,792 (16,417,820) - 557,235 (7,740,495) $ 4,837,122 RESTRICTED:

SELF-INSURANCE 415,632 - (140,000) - 24,368 - 300,000
DESIGNATED:

ENCUMBRANCES - - - - - - -
COASTAL PARKING REVENUE - 81,900 (81,900) - - - -
SIDEWALK CAFÉ 3,000 - (3,000) - - - -
HOUSING RESERVE 1, - 600,000 - - 300,000 (250,000) 1,650,000 PENSION RESERVE 4,400,000 - - - 360,000 - 4,760,000
LEAVE LIABILITY - 100,000 - - - - 100,000
EQUIPMENT REPLACEMENT 760,700 - (182,240) - 100,000 - 678,460 TOTAL GENERAL FUND 13,479,124 22,320,310 (16,824,960) - 1,341,603 (7,990,495) 12,325,582 3,500,000 4,381,039 - (6,720,500) - - 1,160,539
100,860 - - - - (100,860) -
114,770 - (887,450) - 772,680 - -
858,530 - (1,430,360) - 571,830 - -

DESIGNATED

ENCUMBRANCES - - - - - - -
CAPITAL IMPROVEMENT PROJECTS - - - (81,000) 81,000 - -
OPEN SPACE ACQUISITION 86,388 - - - - - 86,388
TREE RESERVE 37,267 - - - - - 37,267
TOTAL OPEN SPACE FUND 123,655 858,530 (1,430,360) (81,000) 652,830 - 123,655 160,000 - - - - (160,000) -
45,000 9,404 (61,250) - 13,897 - 7,051
60,000 140,762 (61,170) - - - 139,592
30,000 36,375 (40,000) - - (26,375) -
154,000 445,894 (118,890) - - - 481,004
46,000 8,872 (31,200) - - 3,672 (20,000)
1,411,950 - (2,339,450) 927,500 - -

ENCUMBRANCES -
RESERVE FOR CAPITAL 2,500,000 650,000 3,150,000
DEBT SERVICE - - (904,290) - 904,290 - -
TOTAL CAPITAL IMPROVEMENT FUND 650,000 1,411,950 (904,290) (2,339,450) 4,331,790 - 3,150,000 - - - (669,460) 669,460 - -
147,000 3,190 - (147,000) - - 3,190
- 31,628 - - - - 31,628
290,000 322,574 (304,000) - - - 308,574

CAPITAL IMPROVEMENT FUND

SPECIAL PROJECT FUND

TRANSNET FUND
RTCIP

WORKERS' COMPENSATION FUND

PEG FEE FUND

GENERAL FUND

MEASURE Q

ROAD MAINTENANCE REHABILITATION ACCT

GAS TAX FUND

OPEN SPACE FUND

SUPPLEMENTAL LAW ENFORCEMENT FUND

REGIONAL COMMUNICATIONS FUND

GRANTS FUND

HOUSING FUND
AB 939 FUND

CITY OF DEL MAR

RESERVE SUMMARY REPORT
FISCAL YEAR 2024-2025

TRANSFERS
8 June 17, 2024 Item 12

BEGINNING ENDING

BALANCE O & M CIP/SP BALANCE
JUL 1, 2024 REVENUES EXPENDITURES EXPENDITURES IN (OUT) JUN 30, 2025 ESTIMATE FY 2025 FY 2025 FY 2025 FY 2025 FY 2025 ESTIMATE

CITY OF DEL MAR

RESERVE SUMMARY REPORT
FISCAL YEAR 2024-2025

TRANSFERS
NET POSITION 1,254,559 4,469,000 (4,291,470) - - (653,990) 778,099 RESTRICTED:

CONTRIBUTED CAPITAL 4,028,272 - - - - - 4,028,272

DESIGNATED

ENCUMBRANCES - - - - - - -
SELF-INSURANCE 50,000 - - - - - 50,000
RATE STABILIZATION 200,000 - - - - - 200,000
CAPTIAL REPLACEMENT 350,000 - - (622,000) 622,000 - 350,000 NET PENSION LIABILITY - (1,832,206) - - - - (1,832,206) PENSION RESERVE - 700,000 - - - - 700,000
OPERATING RESERVE - 500,000 - - - - 500,000
EQUIPMENT REPLACEMENT 200,000 - (31,990) - 31,990 - 200,000 UTILITY PLANT IN SERVICE 6,889,127 - (385,000) - - - 6,504,127 TOTAL WATER FUND 12,339,752 4,469,000 (4,708,460) (622,000) 653,990 (653,990) 11,478,292 NET POSITION - 635,000 (785,470) 150,470 -
-

DESIGNATED -
UTILITY PLANT IN SERVICE 141,348 141,348

ENCUMBRANCES - - - - -
CAPITAL REPLACEMENT - (365,000) 365,000 -
TOTAL CLEAN WATER FUND 141,348 635,000 (785,470) (365,000) 515,470 - 141,348 NET POSITION 511,935 4,092,000 (3,965,970) - 300,000 (456,500) 481,465 -

RESTRICTED
IBANK RESERVE - 228,828 - - - - 228,828
CONTRIBUTED CAPITAL 650,814 - - - - - 650,814
LOAN RESERVE-STATE REVOLVING 332,979 - - - - - 332,979

DESIGNATED

ENCUMBRANCES - - - - - - -
SELF-INSURANCE 50,000 - - - - - 50,000
CAPITAL REPLACEMENT 350,000 - - (425,000) 425,000 - 350,000 NET PENSION LIABILITY - (1,841,900) - - - - (1,841,900) PENSION RESERVE - 700,000 - - - (300,000) 400,000
OPERATING RESERVE - 475,000 - - - - 475,000
EQUIPMENT REPLACEMENT 300,000 - (31,500) - 31,500 - 300,000 UTILITY PLANT IN SERVICE 7,797,298 - (700,000) - - - 7,097,298 RATE STABILIZATION 200,000 - - - - - 200,000
TOTAL WASTEWATER FUND 9,754,954 4,092,000 (4,697,470) (425,000) 756,500 (756,500) 8,724,484 TOTAL ENTERPRISE FUNDS 22,236,054 9,196,000 (10,191,400) (1,412,000) 1,925,960 (1,410,490) 20,344,124 TOTAL - ALL FUNDS 41,868,571 38,434,420 (30,854,970) (11,369,410) 9,708,220 (9,708,220) 38,078,611

CLEANWATER FUND

WASTEWATER FUND

WATER FUND
9 June 17, 2024 Item 12

ADOPTED BUDGET PROPOSED
ACTUAL ACTUAL BUDGET (6/9/2023) ADJUSTMENT BUDGET
SOURCE OF FUNDS FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2024-25 FY 2024-25

GENERAL FUND
TAXES
PROPERTY TAX 6,615,450 7,241,627 7,650,000 7,463,040 569,460 8,032,500 VLF IN LIEU OF PROPERTY TAX 699,411 759,841 790,190 821,800 - 821,800 SALES AND USE TAX 2,068,716 2,306,262 2,100,000 2,300,000 - 2,300,000 TRANSIENT OCCUPANCY TAX 3,419,866 3,816,392 3,800,000 3,800,000 20,000 3,820,000 FRANCHISE TAX 404,226 442,409 420,000 300,000 130,000 430,000 BUSINESS LICENSE TAX 282,524 276,466 345,000 210,000 140,000 350,000 REAL PROPERTY TRANSFER TAX 274,365 134,893 140,000 140,000 - 140,000 TOTAL 13,764,558 14,977,890 15,245,190 15,034,840 859,460 15,894,300

LICENSES & PERMITS
LICENSES & PERMITS 352 2,335 500 500 - 500
JUNIOR LIFEGUARD 88,689 96,990 95,000 95,000 - 95,000
PARKING PERMITS 31,333 30,060 25,000 25,000 - 25,000
TOTAL 120,374 129,385 120,500 120,500 - 120,500

FINES & FORFEITURES
MOVING VIOLATIONS/VEHICLE CODE FINES 42,640 58,170 55,000 55,000 - 55,000 PENALTIES 23,939 5,712 12,000 12,000 - 12,000
PARKING VIOLATIONS 903,237 1,368,108 1,300,000 950,000 300,000 1,250,000 ADMINISTRATIVE CITATIONS 43,595 88,167 45,000 45,000 - 45,000 RED LIGHT ENFORCEMENT 52,859 73,937 65,000 65,000 - 65,000 TOTAL 1,066,270 1,594,094 1,477,000 1,127,000 300,000 1,427,000

REVENUE FROM USE OF ASSETS
INV EARN-GENERAL (183,213) 199,381 420,000 270,000 130,000 400,000 SIDEWALK CAFÉ USER FEE 6,339 1,469 5,000 3,000 - 3,000
RENTAL INCOME 199,944 230,372 200,000 200,000 - 200,000 PARKING METER INCOME 1,513,143 1,268,930 1,400,000 1,400,000 - 1,400,000 TOTAL 1,512,898 1,700,152 2,025,000 1,873,000 130,000 2,003,000

REVENUE FROM OTHER AGENCIES
MOTOR VEHICLE LICENSE FEE 4,919 4,040 4,000 4,000 - 4,000 PUBLIC SAFETY AUGMENTATION FUND 102,840 107,147 100,000 100,000 - 100,000 HOMEOWNER EXEMPT 35,718 35,835 35,000 35,000 - 35,000
FEDERAL/STATE/LOCAL GRANTS - 5,000 20,500 162,200 - 162,200 STATE MANDATED COST REIMB - - 1,500 1,500 - 1,500
CORONAVIRUS RELIEF FUNDS - 870,883 - - 162,310 162,310
OFF-TRACK PARIMUTUEL 7,380 9,009 8,000 8,000 - 8,000
SOLID WASTE 27,761 10,996 11,000 11,000 - 11,000
TOTAL 178,618 1,042,910 180,000 321,700 162,310 484,010

CHARGES - PLANNING SERVICES
PLANNING SERVICES 541,623 625,509 520,000 520,000 - 520,000 ENGINEERING SERVICES 151,057 181,888 200,000 120,000 80,000 200,000 BUILDING SERVICES 435,382 606,602 542,000 442,000 58,000 500,000 TOTAL 1,128,062 1,413,999 1,262,000 1,082,000 138,000 1,220,000

OTHER REVENUE SOURCES
PARKING IN-LIEU FEE 8,510 - 5,000 1,500 - 1,500
ADMINISTRATIVE CHARGE 910,344 910,344 965,790 990,000 - 990,000 CONTRIBUTIONS 43,719 3,660 17,937 - - -
ADMINISTRATIVE CHARGE-MEASURE Q 68,951 59,875 150,000 150,000 - 150,000 EXPENDITURE REIMBURSEMENT 25,305 3,811 163,070 5,000 - 5,000 MISCELLANEOUS 247,062 163,654 25,000 25,000 - 25,000
TOTAL 1,303,891 1,141,344 1,326,797 1,171,500 - 1,171,500 TOTAL GENERAL FUND 19,074,671 21,999,774 21,636,487 20,730,540 1,589,770 22,320,310 MEASURE Q FUND 3,297,998 3,401,946 3,300,000 3,500,000 - 3,500,000 ROAD MAINTENANCE REHAB ACCOUNT 81,628 90,384 97,400 90,000 10,860 100,860 GAS TAX FUND 104,286 105,890 118,310 120,670 (5,900) 114,770

CITY OF DEL MAR
FISCAL YEAR 2023-2024 AND 2024-2025

OPERATING AND CAPITAL BUDGET

REVENUE SUMMARIES
10 June 17, 2024 Item 12

ADOPTED BUDGET PROPOSED
ACTUAL ACTUAL BUDGET (6/9/2023) ADJUSTMENT BUDGET
SOURCE OF FUNDS FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2024-25 FY 2024-25

CITY OF DEL MAR
FISCAL YEAR 2023-2024 AND 2024-2025

OPERATING AND CAPITAL BUDGET

REVENUE SUMMARIES

OPEN SPACE FUND
TAXES 27,412 34,115 12,000 12,000 - 12,000
LICENSE & PERMITS 278,250 390,339 360,000 360,000 - 360,000 SURF CAMP PERMITS 80,311 - 80,000 180,000 (100,000) 80,000 OFF-TRACK PARIMUTUEL 4,227 4,334 5,000 5,000 - 5,000
LOCAL GRANTS 35,000 - 680,000 - - -
CONTRIBUTIONS 40,000 102,856 862,000 137,000 - 137,000
MISCELLANEOUS 51,269 8,021 42,860 42,860 221,670 264,530 TOTAL OPEN SPACE FUND 516,469 539,665 2,041,860 736,860 121,670 858,530 SUPPLEMENTAL LAW FUND 157,926 166,847 160,000 160,000 - 160,000 REGIONAL COMMUNICATION 44,061 43,990 45,000 45,000 - 45,000 GRANTS FUND 51,930 71,515 70,000 60,000 - 60,000
HOUSING FUND (3,489) 2,546 30,000 - 30,000 30,000
AB 939 193,546 159,145 154,000 154,000 - 154,000
PEG FEE FUND 42,868 43,647 46,000 46,000 - 46,000

CAPITAL IMPROVEMENT FUND
FEDERAL GRANTS 168,052 684,949 2,503,250 1,250,000 1,250,000 LOCAL GRANTS 43,716 - 129,560 161,950 161,950
MISCELLANEOUS (32,712) 63,564 - - -
TOTAL CAPITAL IMPROVEMENT FUND 179,056 748,513 2,632,810 1,411,950 - 1,411,950 TRANSNET FUND 152,346 133,698 391,000 147,000 - 147,000 RTCIP FUND 2,479 23,784 - - - -
SPECIAL PROJECTS FUND 65,000 225,000 - - - -
TOTAL GENERAL GOVERNMENTAL FUNDS 23,960,775 27,756,344 30,722,867 27,202,020 1,746,400 28,948,420

WORKERS' COMPENSATION FUND
SERVICE CHARGES 249,995 290,088 280,000 280,000 - 280,000 INVESTMENT EARNINGS (14,453) - 10,000 10,000 - 10,000
TOTAL WORKERS' COMPENSATION 235,542 290,088 290,000 290,000 - 290,000

WATER UTILITY FUND
PENALTIES 12,855 - 15,000 15,000 - 15,000
WATER SALES 2,393,663 2,250,941 2,375,000 2,375,000 - 2,375,000 READY TO SERVE CHARGE 1,747,817 1,860,332 1,900,000 1,800,000 150,000 1,950,000 WATER CONNECTION FEES 43,666 57,667 37,000 37,000 - 37,000 BACKFLOW DEVICE FEES 18,778 - 17,000 17,000 - 17,000
MISCELLANEOUS 94,807 101,824 92,000 92,000 (17,000) 75,000 TOTAL OPERATING REVENUE 4,311,586 4,270,764 4,436,000 4,336,000 133,000 4,469,000

CLEAN WATER PROGRAM
PENALTIES 2,217 - 2,000 2,000 - 2,000
MISCELLANEOUS (1,990) 5,266 3,000 3,000 - 3,000
SERVICE CHARGE 632,149 623,696 665,000 630,000 - 630,000 TOTAL CLEAN WATER PROGRAM 632,376 628,962 670,000 635,000 - 635,000

WASTEWATER FUND
PENALTIES 11,787 - 17,000 17,000 - 17,000
SERVICE CHARGES 1,767,441 1,860,666 1,970,000 1,840,000 100,000 1,940,000 USAGE CHARGES 2,008,043 1,923,924 2,000,000 1,920,000 80,000 2,000,000 SEWER INCLUSION FEES 90,210 67,657 75,000 75,000 - 75,000 MISCELLANEOUS (51,935) 56,127 60,000 60,000 - 60,000
TOTAL WASTEWATER FUND 3,825,546 3,908,374 4,122,000 3,912,000 180,000 4,092,000 TOTAL ENTERPRISE FUNDS 8,769,508 8,808,100 9,228,000 8,883,000 313,000 9,196,000 TOTAL ALL FUNDS 32,965,825 36,854,532 40,240,867 36,375,020 2,059,400 38,434,420 11 June 17, 2024 Item 12

ADOPTED BUDGET PROPOSED
ACTUAL ACTUAL BUDGET (6/19/23) ADJUSTMENT BUDGET
DEPARTMENT FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2024-25 FY 2024-25

GENERAL FUND

GENERAL GOVERNMENT
CITY COUNCIL 22,010 23,400 41,080 32,780 2,500 35,280
LEGAL SERVICES 432,042 625,181 450,000 344,400 161,600 506,000 CITY MANAGER 850,488 714,344 881,400 933,790 (11,700) 922,090 HUMAN RESOURCES 168,257 226,829 230,080 235,850 13,740 249,590 CITY CLERK 247,843 337,212 300,890 335,680 29,060 364,740 INFORMATION SYSTEMS 449,278 504,087 551,240 532,460 12,500 544,960 FINANCE SERVICES 781,332 736,709 802,020 811,600 (1,840) 809,760 RISK MANAGEMENT 286,591 280,408 352,150 376,820 104,530 481,350 PLANNING SERVICES 1,124,971 1,196,048 1,635,760 1,721,990 154,700 1,876,690 CODE ENFORCEMENT 140,177 148,242 149,247 148,690 860 149,550 BUILDING SERVICES 349,196 485,477 357,100 357,100 46,400 403,500 TOTAL 4,852,185 5,277,937 5,750,967 5,831,160 512,350 6,343,510

PUBLIC SAFETY
LAW ENFORCEMENT 2,635,661 2,687,591 2,862,770 2,962,340 - 2,962,340 LIFEGUARD SERVICES 1,267,016 1,393,458 1,479,692 1,527,090 20,870 1,547,960 PARKING ENFORCEMENT 826,516 1,084,591 1,149,483 1,140,430 49,090 1,189,520 FIRE PROTECTION 2,288,956 2,442,988 2,818,212 2,669,060 225,270 2,894,330 HAZARDOUS WASTE MANAGEMENT 17,629 17,632 20,250 20,250 2,710 22,960 SOLID WASTE 4,647 3,508 5,000 5,000 - 5,000
EMERGENCY PREPAREDNESS 1,314 2,884 5,000 5,000 750 5,750 TOTAL 7,041,738 7,632,652 8,340,407 8,329,170 298,690 8,627,860

PUBLIC WORKS
ENGINEERING SERVICES 145,511 137,256 275,390 263,750 - 263,750 STORM WATER 134,225 154,487 205,960 185,790 19,960 205,750 FACILITIES 184,408 237,242 368,000 347,340 11,940 359,280 TOTAL 464,144 528,985 849,350 796,880 31,900 828,780

NON-DEPARTMENTAL
COMMUNITY SUPPORT 390,627 415,129 414,910 415,010 12,500 427,510 TV STUDIO 82,855 97,575 115,850 119,420 - 119,420
CITY MEMBERSHIPS 90,754 93,740 104,310 109,890 - 109,890 CITY HALL - GENERAL 157,091 129,646 183,630 183,630 2,120 185,750 TOTAL 693,881 763,535 818,700 827,950 14,620 842,570

TOTAL GENERAL FUND BEFORE
EQUIPMENT REPLACEMENT 13,051,949 14,203,109 15,759,424 15,785,160 857,560 16,642,720 EQUIPMENT REPLACEMENT 987,427 65,687 324,700 28,400 153,840 182,240

TOTAL GENERAL FUND INCLUDING
EQUIPMENT REPLACEMENT 13,117,636 15,190,536 16,084,124 15,813,560 1,011,400 16,824,960 MEASURE Q FUND 907,051 1,325,555 6,688,860 6,720,500 - 6,720,500

ROAD MAINTENANCE REHAB ACCOUNT - - - - - -

GAS TAX FUND
STREET MAINTENANCE 182,129 276,033 389,515 360,790 21,630 382,420 STREET LIGHTS/SIGNS 125,632 161,080 186,390 185,710 13,140 198,850 STREET LANDSCAPING 278,477 272,320 354,700 305,280 900 306,180 TOTAL GAX TAX FUND 586,239 709,433 930,605 851,780 35,670 887,450

OPEN SPACE FUND
POWERHOUSE OPERATIONS 371,958 379,591 495,453 481,590 3,440 485,030 BEACH MAINTENANCE 337,976 363,402 446,980 450,680 940 451,620 PARK MAINTENANCE 307,011 309,117 533,200 484,410 9,300 493,710 TOTAL OPEN SPACE FUND 1,016,944 1,052,110 1,475,633 1,416,680 13,680 1,430,360 REGIONAL COMMUNICATION FUND 61,607 40,960 61,250 61,250 - 61,250 GRANTS FUND 37,917 69,752 79,670 61,170 - 61,170
HOUSING FUND 95,600 101,143 45,690 40,000 - 40,000

CITY OF DEL MAR
FISCAL YEAR 2023-2024 AND 2024-2025

OPERATING AND CAPITAL BUDGET

EXPENDITURE SUMMARIES
12 June 17, 2024 Item 12

ADOPTED BUDGET PROPOSED
ACTUAL ACTUAL BUDGET (6/19/23) ADJUSTMENT BUDGET
DEPARTMENT FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2024-25 FY 2024-25

CITY OF DEL MAR
FISCAL YEAR 2023-2024 AND 2024-2025

OPERATING AND CAPITAL BUDGET

EXPENDITURE SUMMARIES
AB 939 150,398 35,989 93,672 79,890 39,000 118,890
PEG FEE FUND 10,427 18,510 10,700 10,700 20,500 31,200
TOTAL GENERAL O&M FUNDS 15,983,818 18,543,988 25,470,204 25,055,530 1,120,250 26,175,780

CAPITAL IMPROVEMENT FUNDS
OPEN SPACE CIP 137,311 584,768 1,743,595 81,000 - 81,000 GENERAL FUND CIP 763,030 909,191 4,545,787 2,179,450 160,000 2,339,450 DEBT SERVICE-CITY HALL 905,661 904,283 905,670 904,290 - 904,290 TRANSNET II CIP 152,680 133,264 527,000 147,000 - 147,000

RTCIP FUND - - - - - -
TOTAL CAPITAL IMPROVEMENT FUNDS 1,958,682 2,531,506 7,722,052 3,311,740 160,000 3,471,740 SPECIAL PROJECT FUND 368,344 452,662 1,234,180 616,960 52,500 669,460 TOTAL GENERAL GOVERNMENTAL FUNDS 18,310,845 21,528,156 34,426,436 28,984,230 1,332,750 30,316,980 WORKERS' COMPENSATION FUND 228,848 380,724 276,150 283,000 21,000 304,000

WATER FUND
GENERAL ADMINISTRATION 1,772,989 1,653,945 2,159,426 2,110,370 47,420 2,157,790 RISK MANAGEMENT 153,582 132,948 171,070 187,540 - 187,540 RAW WATER SUPPLY 1,677,581 1,647,167 1,811,460 1,902,040 - 1,902,040 TREATMENT/DELIVERY 441,012 445,740 436,030 461,090 - 461,090 TOTAL WATER FUND O&M 4,019,477 3,905,486 4,577,986 4,661,040 47,420 4,708,460 WATER CAP IMPROVEMENT 855,919 1,367 1,013,777 617,000 5,000 622,000 TOTAL WATER FUND 4,875,397 3,906,853 5,591,763 5,278,040 52,420 5,330,460

CLEAN WATER FUND
PLANNING 59,593 66,315 63,720 71,100 360 71,460
CODE ENFORCEMENT 35,490 37,415 38,480 39,440 120 39,560 CLEAN WATER MANAGEMENT 266,563 281,209 314,750 327,930 16,100 344,030 PUBLIC WORKS 211,756 275,141 333,000 327,590 2,830 330,420 TOTAL CLEAN WATER O & M 573,402 660,080 749,950 766,060 19,410 785,470 CLEAN WATER CAP IMPROVEMENT 92,114 3,462 462,385 365,000 - 365,000 TOTAL CLEAN WATER FUND 665,517 663,542 1,212,335 1,131,060 19,410 1,150,470

WASTEWATER FUND
RISK MANAGEMENT 138,316 131,867 180,070 196,540 - 196,540 WASTEWATER TRANSPORTATION 16,540 102,276 133,750 139,740 - 139,740 WASTEWATER TREATMENT 747,594 909,145 983,880 1,039,550 - 1,039,550 DEBT SERVICE 564,764 150,176 569,390 568,850 - 568,850
WASTEWATER PROGRAM 2,189,027 2,109,626 2,674,101 2,690,560 62,230 2,752,790 TOTAL WASTEWATER FUND O&M 3,656,240 3,403,090 4,541,191 4,635,240 62,230 4,697,470 WASTEWATER CAPITAL IMPROVEMENT 317,270 - 629,902 425,000 - 425,000 TOTAL WASTEWATER FUND 3,973,510 3,403,090 5,171,093 5,060,240 62,230 5,122,470 TOTAL ENTERPRISE FUNDS 9,514,423 7,973,485 11,975,191 11,469,340 134,060 11,603,400 TOTAL EXPENDITURES 28,054,116 29,882,365 46,677,777 40,736,570 1,487,810 42,224,380 13 June 17, 2024 Item 12
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, ADOPTING THE COMPENSATION PLANS

FOR MANAGEMENT AND PROFESSIONAL, GENERAL, AND

MISCELLANEOUS, PART-TIME, TEMPORARY AND HOURLY

EMPLOYEES
WHEREAS, on June 20, 2022, the City Council of the City of Del Mar adopted Resolution 2022-41, approving the Memorandum of Agreement (MOA) between the City of Del Mar and the Del Mar City Employees Association (“General group”) for the period July 1, 2022, through June 30, 2025; and
WHEREAS, on July 10, 2023, the City Council of the City of Del Mar adopted Resolution 2023-29, approving the Memorandum of Agreement (MOA) between the City of Del Mar and the Del Mar Firefighters Association (“Fire group”) for the period July 1, 2023, through June 30, 2027; and
WHEREAS, in accordance with the Del Mar City Employees Association and Del Mar Firefighters Association MOAs, employees shall receive a 3.0% salary increase effective July 1, 2024; and
WHEREAS, on June 19, 2023, the City Council adopted Resolution 2023-21 adopting the Fiscal Years 2023-2024 and 2024-2025 Operating and Capital Budget which included transitioning Management and Professional employees from a 12-step compensation schedule to a 5-step compensation schedule effective July 1, 2024, which will standardize the compensation schedules for all City employees to a 5-step schedule; and
WHEREAS, on June 17, 2024, the City Council adopted Resolution 2024-24 amending Fiscal Year 2024-2025 Operating and Capital Budget, which included reclassification of the Public Works Project Manager II position to a Principal Engineer and the Community Services Administrative Assistant position to a Management Analyst position; and
WHEREAS, the City Council also desires to provide Management and Professional, and Miscellaneous, Part-Time, Temporary and Hourly Del Mar employees with a 3.0% salary increase effective July 1, 2024, in order to ensure competitive wages for all City employees; and
WHEREAS, the City Council also desires to adjust the compensation for the Principal Engineer position as reflected in Exhibit “A” to this Resolution to more closely align with regional salaries and to ensure the City retains and hires qualified employees for this classification; and
14 June 17, 2024 Item 12
Resolution No. 2024-XX

Page 2 of 3 ends

WHEREAS, the City Council also desires to provide engineer certification pay of 10% of an employee’s base salary for employees in the Principal Engineer and Public Works Director classifications, as long as the employee maintains a valid and current Professional Engineers (P.E.) license; and

WHEREAS, the City Council has been presented with and has reviewed the compensation plans for Management and Professional, General, and Miscellaneous, Part-Time, Temporary and Hourly employees for inclusion in the Fiscal Year 2024- 2025 Operating and Capital Budget.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that the above recitals are true and correct.

BE IT FURTHER RESOLVED that the City Council does hereby approve and adopt compensation plans for the Management and Professional, General, and Miscellaneous, Part-Time, Temporary and Hourly employees as shown in Exhibit “A”.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 17th day of June 2024.

_____________________________
Dave Druker, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________________
Leslie E. Devaney, City Attorney
City of Del Mar
15 June 17, 2024 Item 12
Resolution No. 2024-XX

Page 3 of 3 ends

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
16 June 17, 2024 Item 12

CITY OF DEL MAR

GENERAL EMPLOYEE COMPENSATION PLAN
SALARY INCREASE 3.0%

POSITION TITLE RANGE
Water Utility Specialist II G145 - 84,432.49 69,462.82
Wastewater Utility Specialist II G145 - 84,432.49 69,462.82 Utility Specialist II G145 - 84,432.49 69,462.82
Code Enforcement Officer II G145 - 84,432.49 69,462.82
Network Systems Technician II G138 - 78,751.69 64,789.21 Water Utility Specialist I G133 - 74,929.55 61,644.73
Wastewater Utility Specialist I G133 - 74,929.55 61,644.73 Utility Specialist I G133 - 74,929.55 61,644.73
Code Enforcement Officer I G133 - 74,929.55 61,644.73
Accounting Technician II G128 - 71,292.90 58,652.85
Parking Enforcement Officer II G128 - 71,292.90 58,652.85 Administrative Assistant II G128 - 71,292.90 58,652.85
Utility/Landscape Specialist G128 - 71,292.90 58,652.85 Beach and Community Patrol Officer II G128 - 71,292.90 58,652.85 Network Systems Techinician I G123 - 67,832.72 55,806.15 Administrative Assistant I G123 - 67,832.72 55,806.15
Accounting Technician I G123 - 67,832.72 55,806.15
Utility Worker II G123 - 67,832.72 55,806.15
Facilities Coordinator G117 - 63,901.51 52,571.93
Senior Maintenance Worker G112 - 60,800.10 50,020.39
Utility Worker I G112 - 60,800.10 50,020.39
Senior Lifeguard G112 - 60,800.10 50,020.39
Maintenance Worker G107 - 55,326.17 45,516.98
Parking Enforcement Officer I G107 - 55,326.17 45,516.98 Beach and Community Patrol Officer I G107 - 55,326.17 45,516.98 EFFECTIVE JULY 1, 2024

ANNUAL SALARY
17 June 17, 2024 Item 12

CITY OF DEL MAR

GENERAL EMPLOYEE COMPENSATION PLAN
SALARY INCREASE 3.0%
POSITION TITLE Grade A B C D E
Water Utility Specialist II G145
Wastewater Utility Specialist II
Utility Specialist II
Code Enforcement Officer II
-Hourly 33.3956 35.0654 36.8186 38.6596 40.5925
-Bi-Weekly 2,671.65 2,805.23 2,945.49 3,092.77 3,247.40 -Monthly 5,788.57 6,078.00 6,381.90 6,700.99 7,036.04
-Annual 69,462.82 72,935.96 76,582.76 80,411.89 84,432.49 Network Systems Technician II G138
-Hourly 31.1487 32.7061 34.3414 36.0585 37.8614
-Bi-Weekly 2,491.89 2,616.49 2,747.31 2,884.68 3,028.91 -Monthly 5,399.10 5,669.06 5,952.51 6,250.13 6,562.64
-Annual 64,789.21 68,028.67 71,430.10 75,001.61 78,751.69 Water Utility Specialist I G133
Wastewater Utility Specialist I
Utility Specialist I
Code Enforcement Officer I
-Hourly 29.6369 31.1187 32.6747 34.3084 36.0238
-Bi-Weekly 2,370.95 2,489.50 2,613.97 2,744.67 2,881.91 -Monthly 5,137.06 5,393.91 5,663.61 5,946.79 6,244.13
-Annual 61,644.73 64,726.97 67,963.31 71,361.48 74,929.55 Accounting Technician II G128
Parking Enforcement Officer II
Administrative Assistant II
Utility/Landscape Specialist
Beach and Community Patrol Officer II
-Hourly 28.1985 29.6084 31.0888 32.6433 34.2754
-Bi-Weekly 2,255.88 2,368.67 2,487.11 2,611.46 2,742.03 -Monthly 4,887.74 5,132.12 5,388.73 5,658.17 5,941.08
-Annual 58,652.85 61,585.49 64,664.76 67,898.00 71,292.90 Network Technician I G123
Accounting Technician I
Administrative Assistant I
Utility Worker II
-Hourly 26.8299 28.1714 29.5799 31.0589 32.6119
-Bi-Weekly 2,146.39 2,253.71 2,366.40 2,484.72 2,608.95 -Monthly 4,650.51 4,883.04 5,127.19 5,383.55 5,652.73
-Annual 55,806.15 58,596.45 61,526.28 64,602.59 67,832.72 Facilities Coordinator G117
-Hourly 25.2750 26.5387 27.8657 29.2589 30.7219
-Bi-Weekly 2,022.00 2,123.10 2,229.25 2,340.71 2,457.75 -Monthly 4,380.99 4,600.04 4,830.05 5,071.55 5,325.13
-Annual 52,571.93 55,200.53 57,960.55 60,858.58 63,901.51 Senior Maintenance Worker G112
Utility Worker I
Senior Lifeguard
-Hourly 24.0483 25.2507 26.5132 27.8389 29.2308
-Bi-Weekly 1,923.86 2,020.05 2,121.06 2,227.11 2,338.47 -Monthly 4,168.37 4,376.78 4,595.62 4,825.40 5,066.67
-Annual 50,020.39 52,521.41 55,147.48 57,904.85 60,800.10 Maintenance Worker G107
Parking Enforcement Officer I
Beach and Community Patrol Officer I
-Hourly 21.8832 22.9773 24.1262 25.3325 26.5991
-Bi-Weekly 1,750.65 1,838.19 1,930.09 2,026.60 2,127.93 -Monthly 3,793.08 3,982.74 4,181.87 4,390.97 4,610.51
-Annual 45,516.98 47,792.83 50,182.47 52,691.59 55,326.17 EFFECTIVE JULY 1, 2024
18 June 17, 2024 Item 12

CITY OF DEL MAR

FIRE EMPLOYEE COMPENSATION PLAN
SALARY INCREASE 3.0%

POSITION TITLE RANGE
Administratvie Fire Battalion Chief F519
-Hourly 48.7184 - 59.2176
-Bi-Weekly 5,456.47 - 6,632.37
-Monthly 11,822.34 - 14,370.13
-Annual 141,868.11 - 172,441.58
Fire Battalion Chief F510
-Hourly 44.5452 - 54.1450
-Bi-Weekly 4,989.06 - 6,064.24
-Monthly 10,809.64 - 13,139.18
-Annual 129,715.64 - 157,670.18
Fire Captain F480
-Hourly 33.6343 - 40.8827
-Bi-Weekly 3,767.04 - 4,578.86
-Monthly 8,161.92 - 9,920.86
-Annual 97,943.02 - 119,050.36
Fire Engineer F465
-Hourly 29.3693 - 35.6986
-Bi-Weekly 3,289.36 - 3,998.24
-Monthly 7,126.95 - 8,662.85
-Annual 85,523.36 - 103,954.18
Firefighter/Paramedic F462
-Hourly 28.5608 - 34.7158
-Bi-Weekly 3,198.81 - 3,888.17
-Monthly 6,930.75 - 8,424.37
-Annual 83,169.03 - 101,092.47
EFFECTIVE JULY 1, 2024

ANNUAL SALARY
19 June 17, 2024 Item 12

FIRE EMPLOYEE COMPENSATION PLAN
SALARY INCREASE 3.0%

POSITION TITLE RANGE A B C D E
Administrative Fire Battalion Chief F519
-Hourly 48.7184 51.1544 53.7121 56.3977 59.2176
-Bi-Weekly 5,456.47 5,729.29 6,015.75 6,316.54 6,632.37 -Monthly 11,822.34 12,413.46 13,034.13 13,685.84 14,370.13 -Annual 141,868.11 148,961.52 156,409.60 164,230.08 172,441.58 Fire Battalion Chief F510
-Hourly 44.5452 46.7725 49.1111 51.5666 54.1450
-Bi-Weekly 4,989.06 5,238.52 5,500.44 5,775.46 6,064.24 -Monthly 10,809.64 11,350.12 11,917.62 12,513.51 13,139.18 -Annual 129,715.64 136,201.43 143,011.50 150,162.07 157,670.18 Fire Captain F480
-Hourly 33.6343 35.3160 37.0818 38.9359 40.8827
-Bi-Weekly 3,767.04 3,955.39 4,153.16 4,360.82 4,578.86 -Monthly 8,161.92 8,570.01 8,998.52 9,448.44 9,920.86
-Annual 97,943.02 102,840.17 107,982.18 113,381.29 119,050.36 Fire Engineer F465
-Hourly 29.3693 30.8378 32.3796 33.9986 35.6986
-Bi-Weekly 3,289.36 3,453.83 3,626.52 3,807.85 3,998.24 -Monthly 7,126.95 7,483.29 7,857.46 8,250.33 8,662.85
-Annual 85,523.36 89,799.53 94,289.51 99,003.98 103,954.18 Firefighter/Paramedic F462
-Hourly 28.5608 29.9888 31.4883 33.0627 34.7158
-Bi-Weekly 3,198.81 3,358.75 3,526.69 3,703.02 3,888.17 -Monthly 6,930.75 7,277.29 7,641.15 8,023.21 8,424.37
-Annual 83,169.03 87,327.48 91,693.85 96,278.54 101,092.47

CITY OF DEL MAR
EFFECTIVE JULY 1, 2024
20 June 17, 2024 Item 12

CITY OF DEL MAR

MANAGEMENT AND PROFESSIONAL COMPENSATION PLAN
SALARY INCREASE 3.0%

POSITION TITLE RANGE
City Manager M500 Contract 257,088.00
Assistant City Manager M900 - 218,625.84 179,864.02
Department Directors M850 - 195,201.64 160,592.88
Principal Engineer M810 - 162,227.13 133,464.66
Deputy Directors/Managers M800 - 153,044.47 125,910.06
Finance Officer M780 - 140,004.27 115,181.86
Information Technology Manager II P287 - 136,969.38 112,685.05 Public Works Operations Manager II P287 - 136,969.38 112,685.05 P276 - 122,768.91 101,002.29
Information Technology Manager I P274 - 120,349.88 99,012.14 Senior Management Analyst P274 - 120,349.88 99,012.14
Senior Planner P274 - 120,349.88 99,012.14
Public Works Operations Manager I P274 - 120,349.88 99,012.14 Maintenance & Construction Superintendent I P269 - 114,508.78 94,206.65 Associate Management Analyst P259 - 103,663.30 85,284.05 Associate Planner P259 - 103,663.30 85,284.05
Parking and Community Enforcement Lieutenant P259 - 103,663.30 85,284.05 -
Management Analyst P244 - 89,290.34 73,459.38
Assistant Planner II P244 - 89,290.34 73,459.38
Assistant Management Analyst P233 - 80,033.05 65,843.39 Lifeguard Sergeant P233 - 80,033.05 65,843.39
Assistant Planner I P229 - 76,910.17 63,274.19
EFFECTIVE JULY 1, 2024

ANNUAL SALARY
Maintenance & Construction Superintendent II
21 June 17, 2024 Item 12

CITY OF DEL MAR

MANAGEMENT AND PROFESSIONAL COMPENSATION PLAN
SALARY INCREASE 3.0%
POSITION TITLE Grade A BCDE
Assistant City Manager M900
-Hourly 86.4731 90.7967 95.3366 100.1034 105.1086
-Bi-Weekly 6,917.85 7,263.74 7,626.93 8,008.27 8,408.69 -Monthly 14,988.67 15,738.10 16,525.01 17,351.26 18,218.82 -Annual 179,864.02 188,857.22 198,300.08 208,215.09 218,625.84 Department Directors* M850
-Hourly 77.2081 81.0685 85.1219 89.3780 93.8469
-Bi-Weekly 6,176.65 6,485.48 6,809.76 7,150.24 7,507.76 -Monthly 13,382.74 14,051.88 14,754.47 15,492.19 16,266.80 -Annual 160,592.88 168,622.52 177,053.65 185,906.33 195,201.64 Principal Engineer * M810
-Hourly 64.1657 67.3740 70.7427 74.2798 77.9938
-Bi-Weekly 5,133.26 5,389.92 5,659.42 5,942.39 6,239.51 -Monthly 11,122.06 11,678.16 12,262.07 12,875.17 13,518.93 -Annual 133,464.66 140,137.90 147,144.79 154,502.03 162,227.13 Deputy Directors/Managers** M800
-Hourly 60.5337 63.5604 66.7384 70.0753 73.5791
-Bi-Weekly 4,842.69 5,084.83 5,339.07 5,606.02 5,886.33 -Monthly 10,492.51 11,017.13 11,567.99 12,146.39 12,753.71 -Annual 125,910.06 132,205.56 138,815.84 145,756.63 153,044.47 Finance Officer M780
-Hourly 55.3759 58.1447 61.0519 64.1045 67.3097
-Bi-Weekly 4,430.07 4,651.58 4,884.15 5,128.36 5,384.78 -Monthly 9,598.49 10,078.41 10,582.33 11,111.45 11,667.02 -Annual 115,181.86 120,940.96 126,988.00 133,337.40 140,004.27 Information Technology Manager II P287
Public Works Operations Manager II
-Hourly 54.1755 56.8843 59.7285 62.7149 65.8507
-Bi-Weekly 4,334.04 4,550.74 4,778.28 5,017.19 5,268.05 -Monthly 9,390.42 9,859.94 10,352.94 10,870.59 11,414.11 -Annual 112,685.05 118,319.30 124,235.26 130,447.03 136,969.38 Maintenance & Construction Superintendent II P276
-Hourly 48.5588 50.9867 53.5361 56.2129 59.0235
-Bi-Weekly 3,884.70 4,078.94 4,282.89 4,497.03 4,721.88 -Monthly 8,416.86 8,837.70 9,279.59 9,743.56 10,230.74
-Annual 101,002.29 106,052.40 111,355.02 116,922.77 122,768.91 * An additional 10% Special Compensation is paid to the Principal Engineer and Public Works Director who maintain an Engineer's License. ** Deputy Directors/Managers
Administrative Services Manager/City Clerk
Deputy Chief Lifeguard/Community Services Director
Finance Manager/City Treasurer
Principal Planner/Planning Manager
Special Projects and Programs Manager
EFFECTIVE JULY 1, 2024
22 June 17, 2024 Item 12

CITY OF DEL MAR

MANAGEMENT AND PROFESSIONAL COMPENSATION PLAN
SALARY INCREASE 3.0%
POSITION TITLE Grade A BCDE
EFFECTIVE JULY 1, 2024
Information Technology Manager I P274
Senior Management Analyst
Senior Planner
Public Works Operations Manager I
-Hourly 47.6020 49.9821 52.4812 55.1053 57.8605
-Bi-Weekly 3,808.16 3,998.57 4,198.50 4,408.42 4,628.84 -Monthly 8,251.01 8,663.56 9,096.74 9,551.58 10,029.16
-Annual 99,012.14 103,962.75 109,160.89 114,618.93 120,349.88 Maintenance & Construction Superintendent I P269
-Hourly 45.2917 47.5562 49.9341 52.4308 55.0523
-Bi-Weekly 3,623.33 3,804.50 3,994.72 4,194.46 4,404.18 -Monthly 7,850.55 8,243.08 8,655.24 9,088.00 9,542.40
-Annual 94,206.65 98,916.99 103,862.84 109,055.98 114,508.78 Associate Management Analyst P259
Associate Planner
Parking and Community Enforcement Lieutenant
-Hourly 41.0019 43.0520 45.2046 47.4649 49.8381
-Bi-Weekly 3,280.16 3,444.16 3,616.37 3,797.19 3,987.05 -Monthly 7,107.00 7,462.35 7,835.47 8,227.25 8,638.61
-Annual 85,284.05 89,548.26 94,025.67 98,726.95 103,663.30 Management Analyst P244
Assistant Planner II
-Hourly 35.3170 37.0829 38.9370 40.8839 42.9280
-Bi-Weekly 2,825.36 2,966.63 3,114.96 3,270.71 3,434.24 -Monthly 6,121.62 6,427.70 6,749.08 7,086.53 7,440.86
-Annual 73,459.38 77,132.35 80,988.97 85,038.42 89,290.34 Assistant Management Analyst P233
Lifeguard Sergeant
-Hourly 31.6555 33.2382 34.9002 36.6452 38.4774
-Bi-Weekly 2,532.44 2,659.06 2,792.01 2,931.61 3,078.19 -Monthly 5,486.95 5,761.30 6,049.36 6,351.83 6,669.42
-Annual 65,843.39 69,135.56 72,592.34 76,221.95 80,033.05 Assistant Planner I P229
-Hourly 30.4203 31.9413 33.5384 35.2153 36.9760
-Bi-Weekly 2,433.62 2,555.30 2,683.07 2,817.22 2,958.08 -Monthly 5,272.85 5,536.49 5,813.32 6,103.98 6,409.18
-Annual 63,274.19 66,437.90 69,759.79 73,247.78 76,910.17 23 June 17, 2024 Item 12

CITY OF DEL MAR

MISCELLANEOUS, PART-TIME, TEMPORARY AND HOURLY EMPLOYEES SALARY INCREASE 3.0%
POSITION TITLE Grade A B C D E
Student Lifeguard * 700
Seasonal Lifeguard I * 702 17.89 18.79 19.72 20.71 21.75 Seasonal Lifeguard II* 709 20.18 21.19 22.25 23.36 24.53 Seasonal Lifeguard III * 710 23.71 24.90 26.14 27.45 28.82 Seasonal Worker I * 704 17.66 18.55 19.48 20.45 21.47
Seasonal Worker II * 713 20.26 21.27 22.34 23.45 24.63
Minutes Clerk I/Clerical Asst/Planning 700 17.66 18.55 19.48 20.45 21.47 Minutes Clerk II 712 19.61 20.59 21.62 22.70 23.84
On-Call Clerical/Secretarial Aide 700 17.66 18.55 19.48 20.45 21.47 Code Enforcement Clerk 712 19.61 20.59 21.62 22.70 23.84 Intern I 700
Intern II 701 18.44 19.36 20.33 21.34 22.41
The positions listed below are currently inactive, but remain on the salary schedule in the event that the City wishes to fund the positions.

Student Firefighters 600 16.89
Student Paramedics 600 16.89
Call Firefighters 601 16.89
EFFECTIVE JULY 1, 2024
$16.89 (no steps)
$16.89 (no steps)
*Employees in these positions will receive one and a half times (1.5x) their normal hourly rate for all hours worked on the following holidays: Memorial Day (last Monday in May), Independence Day (July 4), and Labor Day (1st Monday in September).
24 June 17, 2024 Item 12
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, ESTABLISHING THE FIXED CHARGE

ASSESSMENTS FOR BONDED INDEBTEDNESS FOR FISCAL
YEAR 2024-2025
WHEREAS, Special Assessment District No. 2005-01 was created in 2005 for the purpose of financing the conversion of certain overhead electric and communications facilities to underground locations.

NOW, THEREFORE, BE IT RESOLVED that whereby Special Assessment District 2005-01 (Ocean View/Pines) requires a flat charge assessment to be raised for bonded indebtedness, City Council hereby approves the flat charge assessments for Fiscal Year 2024-2025 as shown on 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 this 17th day of June 2024. ________________________________
Dave Druker, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________________
Leslie E. Devaney, City Attorney
City of Del Mar
25 June 17, 2024 Item 12
Resolution No. 2024-XX

Page 2 of 2 ends

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:

______________________________________
Sarah Krietor, Administrative Services
Manager/ City Clerk
City of Del Mar
26 June 17, 2024 Item 12

City or District: City of Del Mar Submitted By: Monica Molina Assessment District No. 2005-01 (Ocean View/Pines) Finance Manager/Treasurer Type of Assessment: Utility Undergrounding E-mail Address: [email protected] Fund Number: 6022-07
Code: 1 Telephone No: (858) 755-9354
Fiscal Year 2024-25
Undivided City Admin. Total Tax Rate Assessee
Book Page Parcel Interest Amount Fee Reduction Assessment Area Number 301 021 01-00 849.20 119.37 (265.76) 702.80 $
301 021 02-00 1,132.64 119.37 (354.47) 897.54
301 021 03-00 2,084.58 119.37 (652.41) 1,551.54
301 021 05-00 3,491.10 119.37 (1,092.59) 2,517.86
301 021 06-00 2,646.12 119.37 (828.14) 1,937.34
301 021 10-00 1,218.21 119.37 (381.25) 956.32
301 022 01-00 1,667.44 119.37 (521.86) 1,264.94
301 022 02-00 705.93 119.37 (220.92) 604.38
301 023 03-00 1,073.81 119.37 (336.07) 857.12
301 023 05-00 1,052.42 119.37 (329.38) 842.40
301 023 10-00 714.60 119.37 (223.65) 610.32
301 023 13-00 687.86 119.37 (215.18) 592.04
301 023 14-00 634.38 119.37 (198.55) 555.20
301 023 20-00 469.61 119.37 (146.98) 442.00
301 023 22-00 2,223.63 119.37 (695.93) 1,647.06
301 023 26-00 1,025.68 119.37 (320.99) 824.06
301 024 02-00 1,688.83 119.37 (528.54) 1,279.66
301 024 03-00 1,560.48 119.37 (488.38) 1,191.46
301 024 04-00 1,458.87 119.37 (456.57) 1,121.66
301 024 05-00 1,009.63 119.37 (316.01) 813.00
301 024 06-00 1,753.00 119.37 (548.62) 1,323.76
301 024 07-00 1,464.21 119.37 (458.25) 1,125.32
301 024 09-00 1,817.18 119.37 (568.71) 1,367.84
301 024 12-00 1,036.37 119.37 (324.34) 831.40
301 024 17-00 1,089.85 119.37 (341.09) 868.14
301 024 18-00 1,437.47 119.37 (449.88) 1,106.96
301 024 19-00 1,303.77 119.37 (408.03) 1,015.10
301 024 21-00 1,196.81 119.37 (374.56) 941.62
301 024 22-00 2,630.07 119.37 (823.14) 1,926.30
301 024 24-00 1,341.21 119.37 (419.75) 1,040.82
301 024 26-00 2,368.02 119.37 (741.10) 1,746.28
301 024 29-00 1,464.21 119.37 (628.98) 954.60
301 024 37-00 2,009.71 119.37 (351.12) 1,777.96
301 024 38-00 1,121.94 119.37 (112.12) 1,129.18
301 024 43-00 358.26 119.37 (458.24) 19.38
301 025 07-00 965.96 119.37 (302.32) 783.00
301 025 10-00 1,115.70 119.37 (349.19) 885.88
301 025 11-00 902.68 119.37 (282.41) 739.62
301 033 29-00 518.63 119.37 (162.31) 475.68
301 033 34-00 384.93 119.37 (120.48) 383.82
$ 53,675.00 $ 4,774.68 $ (16,798.30) $ 41,651.38
For State Roll Only
Parcel Number

CITY OF DEL MAR

FIXED CHARGE SPECIAL ASSESSMENT (OCEAN VIEW/PINES)
27 June 17, 2024 Item 12
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS
LIMIT FOR FISCAL YEAR 2024-25
WHEREAS, Constitutional Article XIII-B (Propositions 4 and 111) places an appropriations limitation on State and Local Government; and WHEREAS, this appropriations limitation is based on proceeds of taxes adjusted annually from the base Fiscal Year 1986-1987 by either the population growth factor for the City of Del Mar or for the County of San Diego, and by either the change in the California Per Capita Personal Income or the change in Non-Residential Construction for the City of Del Mar; and
WHEREAS, the City has received inflation and population data from the State Department of Finance to calculate the Fiscal Year 2024-25 Appropriations Limit; and WHEREAS, the City Council of the City of Del Mar wishes to select those options providing the greatest ratio of change as shown below and included as Exhibit A:

Change in California Per
Capita Personal Income
(inflation factor)
Del Mar Population
Change
(population factor) Factor

1.0362 1.0003 1.0365
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that the appropriations limit be established at $36,376,885 and that the City Council does hereby adopt the annual appropriations limitation for Fiscal Year 2024-25 and selects the options for calculation using the population growth of the City of Del Mar and the change in California Per Capita Personal Income.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held this 17th day of June 2024.

Dave Druker, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________________
Leslie E. Devaney, City Attorney
City of Del Mar
28 June 17, 2024 Item 12
Resolution No. 2024-XX

Page 2 of 2 ends

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
29 June 17, 2024 Item 12

CITY OF DEL MAR

INFORMATION RELATED TO ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-2025
Article XIII-B of the California State Constitution places limits on the amount of revenue that can be spent by all entities of government. It is the responsibility of the City to calculate the annual appropriations limit. The previous fiscal year's limit is increased by a factor calculated by changes in population and inflation. Cities may choose an inflation factor, which is either the change in the California Per Capita Personal Income (CCPI) or the local assessment roll change due to non-residential construction. The population factor option is either the growth rate in the City or the County. The choice of each of these factors is an annual election.

Amounts for the change in non-residential new construction become available at the end of the current fiscal year. When calculating the appropriations limit for the new fiscal year, the previous year’s calculation is reviewed by using the non-residential new construction figures currently available. If the City experienced a large amount of non-residential new construction during the previous fiscal year, the appropriations limit could be significantly affected.

The law provides for voter approval of an override that will allow cities to exceed their appropriation limit. In November 1992, Del Mar voters approved an override measure allowing the appropriations limit to equal the revenues from proceeds of taxes. This measure was effective for four fiscal years and ended in Fiscal Year 1995-1996. Since then, the City has not required a voter-approved override.

For Fiscal Year 2024-2025, the estimated proceeds of tax ($18,781,623) is below the estimated appropriations limit of $36,376,885 by $17,595,262. The City’s appropriations limit is high enough; therefore, there will be no need to return to voters for an override in the foreseeable future.

Cities are required to complete an appropriations calculation for each fiscal year. The City’s auditors are required to review and approve the appropriations calculation as part of their audit of the City.
30 June 17, 2024 Item 12

CITY OF DEL MAR

INFORMATION RELATED TO ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-2025
Analysis:

The following analysis provides the figures for the estimate of the appropriations limit for the Fiscal Year 2024-2025.

INFLATION OPTION FACTOR

CCPI 1.0362
Change in Non-Residential Construction 1.0000

POPULATION OPTION

Del Mar 1.0003
San Diego County 0.9993
Using the factors for the change in CCPI and the change in population for the City of Del Mar, which will give the optimum increase; the percent to be applied to the appropriations limit for Fiscal Year 2024-2025 is 1.0362 x 1.0003 = 1.0365. This factor applied to the appropriations limit for Fiscal Year 2023-2024 of $35,095,517 sets the estimated appropriations limit for Fiscal Year 2024-2025 at $36,376,885. 31 June 17, 2024 Item 12
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, APPROVING THE STATEMENT OF
INVESTMENT POLICY FOR FISCAL YEAR 2024-2025, AND

DELEGATING THE AUTHORITY TO INVEST CITY FUNDS TO

THE TREASURER
WHEREAS, the City Council of the City of Del Mar, California, pursuant to Title 5, Division 2, Part 1 of the Government Code of the State of California, is authorized to invest City funds more particularly set out in Section 53601 of said Code; and WHEREAS, the City Council, pursuant to Section 53607 of the Government Code is authorized to delegate said authority to the Treasurer; and WHEREAS, it is good practice for the City Council to review the Statement of Investment Policy as more particularly set out in Section 53646 of said Code.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that the above recitals are true and correct.

BE IT FURTHER RESOLVED, that the City Council of the City of Del Mar does hereby authorize the Treasurer to invest City funds and adopt the Statement of Investment Policy as attached in Exhibit “A” of this Resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held this 17th day of June 2024.

________________________________
Dave Druker, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________________
Leslie E. Devaney, City Attorney
City of Del Mar
32 June 17, 2024 Item 12
Resolution No. 2024-XX

Page 2 of 2 ends

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, Sarah Krietor, Administrative Services Manager/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 17th day of June 2024, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
33 June 17, 2024 Item 12

CITY OF DEL MAR
INVESTMENT POLICY FOR FISCAL YEAR 2024-2025
I. INTRODUCTION
This statement is to provide guidance regarding the prudent investment of the cash of the City of Del Mar, and to establish the goals and limitations of investments suitable to ensuring the safety of the City’s funds. The ultimate goal is to protect these funds while enhancing the economic status of the City of Del Mar.

Responsibility for the investing of the idle cash and trust funds of the City resides with the City Treasurer. The investment policies and practices of the City Treasurer of the City of Del Mar are based on limitations placed on it by governing legislative bodies. These policies have three primary goals:

1. To assure compliance with all Federal, State, and Local laws governing the investment of monies under the control of the City Treasurer.

2. To protect the principal monies entrusted to this organization.

3. To generate the maximum amount of investment income within the parameters of this Annual Investment Policy.

II. SCOPE
This policy provides guidelines for investing idle cash for all funds under the direct authority of the City with the exception of retirement funds, deferred compensation funds, and those monies from unexpended bond proceeds that are under the direction of a trustee. This investment policy applies to all financial assets of the City of Del Mar. These funds are accounted for in the City of Del Mar’s Annual Comprehensive Financial Report and include the General Fund and General Governmental Funds, Special Revenue Funds, Capital Projects Funds, Enterprise Funds, and Trust and Agency Funds.

III. PRUDENCE
Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.

The standard of prudence to be used by investment officials shall be the “prudent person” standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal 34 June 17, 2024 Item 12

responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.

IV. OBJECTIVES
 Safety: Safety of principal is the primary objective of the City of Del Mar and is the single most important factor in governing the investment decisions of the City Treasurer. Each investment transaction shall be made considering the potential for capital losses in an effort to limit such losses, whether from institution default, broker-dealer default, or erosion of market value of securities. The City Treasurer shall evaluate each potential investment, seeking quality in both issuer and in underlying security or collateral. The use of diversification of the portfolio will assist to reduce market risk and possible principal loss. To help mitigate against market risk due to fluctuations in interest rates, this policy provides limits on the portfolio maturity.
 Liquidity: Second only to safety is the need to maintain liquidity in the portfolio to meet the anticipated cash needs of the City, and to ensure that money is always readily available. This percentage specifically shall be reviewed on an annual basis. Since not all cash needs can be anticipated, the City Treasurer will only invest in instruments with an active secondary market. These securities will have a low sensitivity to market risk.  Yield: Once the basic requirements of safety and liquidity are met, the City’s fund shall be designed to attain a market-average rate of return through economic cycles. Market-average rate of return is defined as the average return on one-year Treasury bills.

V. DELEGATION OF AUTHORITY
The authority for investing idle cash resides with the City Treasurer by direction of the City Council. The Treasurer may delegate such responsibilities, as recording of investment purchases and sales and recording of investment activity, to the Finance Officer and Accounting Technician, or other City officials as authorized by resolution of the City Council, as is necessary to maintain adequate internal controls as described in the following section.

VI. CONFLICT OF INTEREST
All City officials involved in the investment process shall refrain from personal business activity in violation of Government Code Section 1090 and the Political Reform Act (Government Code 8100 et seq.).
35 June 17, 2024 Item 12

Section 1090 of the Government Code prohibits City officials from “making” a contract in which the official is financially interested. Under the Political Reform Act, a City official is disqualified from making, participating in making, or using his or her official position to influence the making, of a governmental decision in which it is reasonably foreseeable the decision could materially affect the official’s economic interest, in a manner distinguishable from its effect on the public generally.

VII. INTERNAL CONTROLS
A system of internal controls shall be in place to prevent losses of public funds arising from fraud, employee error, and misrepresentation of third parties, unanticipated changes in financial markets or imprudent action by city officials.

Such controls deemed most important are the separation of responsibilities for investment purchases from the recording of investment activity, custodial safekeeping, written confirmation of investment transactions, and established criteria for broker relationships. The annual financial audit will include a comprehensive review of the portfolio, accounting procedures for security transactions, and compliance with the investment policy.

VIII. REPORTING
Under provision of Section 53646 of the California Government Code, the City Treasurer shall render a quarterly report to the City Council showing the type of investment institution, date of maturity, amount of deposit, current market value for all securities as provided by our safekeeping institution, rate of interest, and such other data that may be required by the City Council. This report shall also include a schedule of maturity by type of security.

The report must also include a statement that the investment portfolio complies with this policy, or a statement as to the manner in which the portfolio is not in compliance.

The report also must include a statement noting the ability of the City to meet its expenditure requirements for the next six months or provide an explanation as to why sufficient money shall, or may, not be available.

IX. SAFEKEEPING OF SECURITIES
To protect against potential losses caused by collapse of individual securities dealers, all securities owned by the City shall be kept in safekeeping with “perfected interest” by a third-party bank trust department acting as agent for the City under the terms of a custody agreement executed by the bank and by the City.

All securities will be received and delivered using standard delivery versus payment procedures. The only exception to the foregoing shall be certificates of deposit and investments in: (a) LAIF; (b) local government investment pools; and 36 June 17, 2024 Item 12

(c) money market funds, since the purchased securities are not deliverable. A record of these investments shall be held by the Treasurer.

X. QUALIFIED DEALERS AND INSTITUTIONS
The City shall transact business only with banks, savings and loans, and registered investment securities dealers. The purchase by the City of any investment, other than those purchased directly from the issuer, shall be purchased either from an institution licensed by the State as a broker-dealer, as defined in Section 25004 of the Corporation Code, who is a member of the National Association of Securities Dealers, or a member of a federally regulated securities exchange, a national or state-chartered bank, a federal or state association (as defined by Section 5102 of the Financial Code), or a brokerage firm designated as a primary government dealer by the Federal Reserve Bank. The City Treasurer shall investigate all institutions that wish to do business with the City in order to determine if they are adequately capitalized and agree to abide by the conditions set forth in the City’s Investment Policy.

XI. AUTHORIZED INVESTMENTS
The City of Del Mar has a fiduciary responsibility to the residents of the community to protect the assets of the City and to invest and manage those funds wisely.

These investment decisions shall be governed under Government Code sections 53600 through 53609 under which those making investments on its behalf are deemed to act in a fiduciary capacity.

The City shall not knowingly make any investments in any institution, company, corporation, subsidiary or affiliate that practices or supports directly or indirectly through its action’s discrimination on the basis of race, religion, color, creed, national or ethnic origin, age, sex, sexual preference, or physical disability.

Within these limitations, the following investments are authorized:
 United States Treasury Bills, Notes and Bonds or those for which the full faith and credit of the United States are pledged for payment of principal and interest with remaining maturities of five years or less. There shall be no limit on the percentage of the portfolio invested in these instruments. The purchase of zero-coupon Treasuries is not permitted.
 Local Agency Investment Fund (LAIF). The State investment fund is maintained for the benefit of local agencies. The City may invest in this fund up to the amount permitted by the State, which is currently $75 million.  San Diego County Treasurer’s Pooled Investment Fund. This is a local government investment pool managed by the San Diego County TreasurerTax Collector’s office. The City may invest in this fund up to 30 percent of 37 June 17, 2024 Item 12

its portfolio. The fund must be rated “AA” or better by a nationally recognized rating service.
 Collateralized Certificates of Deposit. Certificates of Deposit of up to $250,000 that are insured by the Federal Deposit Insurance Corporation (FDIC). Deposits are permitted in national banks or savings and loan institutions. The deposit may not exceed the total of the paid up capital and surplus of a depository and the depository must maintain securities with a market value at least 10 percent in excess of the City’s deposit to be placed in a collateralized account.
 Government Agencies including Government National Mortgage Association (GNMA); the Federal Farm Credit Bank System (FFC); the Federal Home Loan Mortgage Corporation (FHLMC); Federal National Mortgage Association (FNMA); and other United States agency obligations with maturities of five years or less. There shall be no limit on the percentage of the portfolio invested in these instruments.  Commercial Paper ranked P1 and A1 not to exceed 270 days maturity, issued by a domestic corporation with assets in excess of $500,000,000, with an A or better rating as provided by Moody’s and Standard and Poor’s.

The portfolio exposure is limited to 25 percent and may contain no more than 10 percent from a single-issuer.
 Medium Term Corporate Notes with a maximum maturity of five years issued by corporations organized and operating within the United States.

Notes must be rated “A” or better by a nationally recognized rating service.

Corporate notes may not exceed 30 percent of the investment portfolio.  Repurchase Agreements. The City may invest in repurchase agreements with banks and primary dealers with which the City has entered into a master repurchase contract, which specifies terms and conditions of repurchase agreements and are fully collateralized by delivery to an independent third party. Eligible securities are negotiable certificates of deposit, eligible banker’s acceptances, or securities that are direct obligations of the Federal government. Reverse repurchase instruments are not permitted.
 Mutual Funds. The City may invest in Mutual Funds invested primarily in U.S. Treasury Securities.
 Supranationals: The City may invest in United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank.

Securities must be eligible for purchase and sale within the United States 38 June 17, 2024 Item 12

and have a minimum ration of “AA” as rated by Moody’s Investors Service, Standard and Poor’s, or Fitch Ratings. Maximum maturity is limited to five years. Maximum portfolio exposure is limited to 15 percent and singleissuer holdings to no more than five percent per issuer.

The City, under no circumstances, may borrow funds for the purpose of leverage in the purchase of securities. The purchase of derivatives, as provided for in Government Code Section 53601.6, is expressly prohibited under the terms of this Investment Policy.

XII. INTERFUND LOANS
If deemed to be in the best interest of the City, the City Council may from time to time authorize the Treasurer to make loans from one City fund to another. The fund receiving the loan proceeds must pay at least the interest rate that the fund providing the loan would have received on the funds borrowed. The City Council may direct the Treasurer to pay an interest rate greater than what the fund providing the borrowed funds would have earned had it retained the funds. The term of any such loan shall not exceed five (5) years.

XIII. MAXIMUM MATURITIES
Every effort will be made to match investment maturities to cash flow needs.

Matching maturities with cash flow dates will reduce the need to sell securities prior to maturity, thus reducing market risk. Unless matched to a specific requirement, no more than 60 percent of the portfolio may be invested with maturities greater than two and a half years. No investment may be made with a maturity greater than five years.

IXX. OVERSIGHT COMMITTEE
The City Council may establish an investment oversight committee, which will meet quarterly to review the portfolio, the investment policy, and the City’s current investment strategy. This committee will act in a review capacity. Members of the committee shall consist of the City Manager (or designee), the Assistant City Manager, and a member of the City Council as a representative. The Oversight Committee may also obtain an advisor with expertise in financial management. 39 June 17, 2024 Item 12
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, SETTING THE FISCAL YEAR 2024-2025

CITY OF DEL MAR FEE SCHEDULE FOR PLANNING, PUBLIC

WORKS, COMMUNITY SERVICES, AND ADMINISTRATION

SERVICES
WHEREAS, the provisions of the California Mitigation Fee Act relating to fee and service charges provide for the adoption and implementation of fees, rates, and service charges for municipal services; and
WHEREAS, the City desires to recover an increased percentage of the costs it incurs to provide Planning Review, Community Services, Public Works, Administration or Fire Prevention services to reduce the amount that general funds are diverted from general services to subsidize such services; and
WHEREAS, as part of Resolution 2020-39, the City Council has reserved the right to update the Fee Schedule annually, at the beginning of each Fiscal Year (July 1), based on the Consumer Price Index (U.S. City Average), not to exceed 3% in a given year; and WHEREAS, the Consumer Price Index (U.S. City Average) as of April 2024 is

3.4%, therefore adjusting fees by no more than 3%; and
WHEREAS, the fees, rates, and charges in the City of Del Mar Fee Schedule contained in Exhibits “A” and “B”, of this Resolution do not exceed the City’s reasonable administrative costs of providing such services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar, California, hereby approves the City of Del Mar Fiscal Year 2024-2025 Fee Schedule, which includes fees and charges for providing Planning Review, Community Services, Public Works, and Administration Services, attached hereto as Exhibits “A” and “B”, BE IT FURTHER RESOLVED, the fees and charges contained in the City of Del Mar Fee Schedule approved herein supersede any and all fees and charges for corresponding services as previously approved by the City Council.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held this 17th day of June 2024. _____________________________
Dave Druker, Mayor
City of Del Mar
40 June 17, 2024 Item 12
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 17th day of June 2024, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
_______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
41 June 17, 2024 Item 12
Exhibit A
Adopted June 17, 2024 by
City Council Resolution 2024-XX
Effective July 1, 2024

CITY OF DEL MAR SCHEDULE OF FEES AND CHARGES
FISCAL YEAR 2024-2025
Application Type Fee

ENGINEERING REVIEW FEES FOR PROJECT APPLICATIONS
Design Review Board $1,290 (one review cycle)
Administrative Design Review (major) $1,000 (one review cycle) Administrative Design Review (minor) $640 (one review cycle) Conditional Use Permit $1,030 (one review cycle)
Flood Plain Permit $1,025 (one review cycle)
Preliminary SWMP Review $610 (one review cycle)
Preliminary Stormwater Checklist Review $365 (one review cycle) TPM $3,205 (3 review cycles)
TM $6,750 + $145 each additional lot over 5
(3 review cycles)
ADU Review and Inspection $730
Additional ADU Review $505
Maximum review cycles for lump sum fees are shown in parenthesis.

Additional review will be deposit based.

ENGINEERING REVEW FEES FOR FINAL APPLICATIONS (three review cycles) Mapping Fee
Parcel Map $4,275
Final Map $8,260 + $5.00/Acre
Easement Document $830
Easement Vacation $1,700
Lot Line Adjustment $1,535
Certificate of Compliance $1,330
Certificate of Correction $1,040
Grading/Drainage As-Built Inspection $355
Grading Plan Review Fee*
Earthwork Estimate
200 cy or less $1,865
201-2,000 cy $1,790 for the first 200 cy +
$130 for each add’l 100 cy or fraction thereof
2,001-10,000 cy $4,080 for the first 2,000 cy +
$65 each add’l 1,000 cy or fraction thereof
10,001 or greater cy $4,620 for the first 10,000 cy +
$30 for each add’l 1,000 cy or fraction thereof
*Additional fees will be required for any private storm drain, erosion control, or other on-lot improvements. The additional fees will be based on the estimated value of the improvements and the improvement fee schedule below.
42 June 17, 2024 Item 12
City of Del Mar Fee Schedule
Effective 7/1/2024

Improvement Plan Review Fee
$0.00 – 20,000 $1,605 + 5% of value of improvements
$20,001 – 50,000 $2,050 + 4% of value of improvements
$50,001 – 100,000 $2,650 + 3% of value of improvements, $4,870 minimum
$100,001 – 250,000 $2,975 + 2.5% of value of improvements, $6,960 minimum
$250,001 – 500,000 $8,735 + 2% of value of improvements, $16,580 minimum
$500,001 – 1,000,000 $14,870 + 1.5% of value of improvements, $28,650 minimum
$1,000,001 and over $16,850 plus 0.75% of value of improvements, $34,560 minimum
SWPPP Review Fee
Single-Family Detached $280 + $300 each add’l lot/unit
Multi-Family Attached $280 + $300 each add’l lot/unit
Commercial / Industrial $390 + $300 each add’l lot/unit SWMP Review Fee
Final SWMP $980
Final Stormwater Checklist $490
Drainage Plan: Fee
Amount of Affected Area
2,500 sf or less $1,665
2,501-5,000 sf $2,495
5,001-10,000 sf $2,880
Greater than 10,001 sf $2,880 + 0.05 for each add’l SF over 10,000 SF Construction Change Drainage/Grading Plans $560
Inspection Fee
$0.00 – 20,000 5.5% of improvements
$20,001 – 50,000 $1,835 + 4% of value of improvements over $20,000 $50,001 – 100,000 $3,905 + 3% of value of improvements over $50,000 $100,001 – 250,000 $4,760 + 2% value of improvements over $100,000 $250,001 – 500,000 $8,180 + 1% of value of improvements over $250,000 $500,001 – 1,000,000 $11,480 + 0.5% of value of improvements over $500,000 $1,000,001 and over $14,365 + 0.25% of value of improvements over $1,000,000

43 June 17, 2024 Item 12
City of Del Mar Fee Schedule
Effective 7/1/2024

PLANNING FEE SCHEDULE

PLANNING AND LAND USE APPLICATIONS
The fees listed below are charged as a flat fee rate (versus being charged as a deposit against a time-and-materials cost-recovery basis).

Application Type Fee

ACCESSORY DWELLING UNIT (ADU)
Accessory Dwelling Unit $ 1,165
ADMINISTRATIVE DESIGN REVIEW PERMIT (ADR) / DESIGN REVIEW BOARD PERMITS (DRB)* Non-contested ADR Projects
Administrative Design Review – Minor $ 720
Administrative Design Review – Major $ 1,245
Contested ADR Projects - Where an ADR application is formally contested pursuant to DMMC §23.08.035(D), additional fees shall be charged to cover the anticipated average administrative costs of preparation for and attendance at one Design Review Board (DRB) hearing as follows:

Administrative Design Review – Minor (additional fee) $ 2,115 Administrative Design Review – Major (additional fee) $ 3,430 Design Review – Miscellaneous $ 2,930
Design Review <500 square feet $ 3,545
Design Review >500 square feet $ 6,000
Design Review Board - Residential: 1 - 2 New Dwelling Units $ 8,930 Design Review Board - Residential: 3 or more New Dwelling Units $ 11,720 Design Review Board - Commercial: Remodel <1,000 sf $ 5,480 Design Review Board - Commercial: Remodel >1,000 sf $ 8,260 Design Review Board - Commercial: New Construction $ 11,720 Design Review Board - Modification $ 2,525
Citizens’ Participation Program $ 4,660
(this fee does not include public noticing)
*This application fee covers the administrative costs of preparation for and attendance at one Design Review Board (DRB) hearing. Where an application necessitates review at more than one DRB hearing, additional fees shall be charged as follows:
 Preparation for and attendance at a second DRB hearing  Preparation for and attendance at a third or subsequent DRB hearing(s) (per hearing)
$ 1,870
$ 1,215
APPEALS – FILED WITH THE CITY CLERK
Appeal of decision by Planning Director or lower decision-making body to City Council - request for Initial Consideration and de novo hearing by City Council
$ 1,640
($250 is refunded if an appeal
is not set for a de novo
hearing)

CONDITIONAL USE PERMITS (CUP) / VARIANCES (V)
CUP $ 2,675
CUP modification of use (no new structures or additional floor area) $ 2,675 Variance $ 3,410

COASTAL DEVELOPMENT PERMITS (CDP)
Coastal Development Permit – With hearing by a discretionary body $ 3,280 Coastal Development Permit – Review and/or hearing at staff level $ 325

DETERMINATION OF SUBSTANTIAL CONFORMANCE (DSC)
Determination of Substantial Conformance $ 365
44 June 17, 2024 Item 12
City of Del Mar Fee Schedule
Effective 7/1/2024

DOCUMENTATION REPRODUCTION FEE
Document Reproduction Fee (applies to application material) .25¢/pg up to 11x17; $2/pg plan sheet

ENCROACHMENT PERMITS (EP)
Encroachment Permit – Short term $ 490
Encroachment Permit – Long-term/Minor $ 655
Encroachment Permit – Long-term/Major (with City Council review) $ 1,930

FLOODPLAIN DEVELOPMENT PERMITS (FDP)
Floodplain Development Permit $ 3,280
Floodplain Development Permit – With request for hardship relief from regulations $ 3,500

HORIZONTAL ZONING REQUEST (HZ)
Request to City Council for relief from Horizontal Zoning regulations $ 2,295

LAND CONSERVATION PERMITS (LC)
Land Conservation Permit $ 3,280
Administrative Land Conservation Permit $ 1,065

MISCELLANEOUS
Bingo Permit $ 80
Demolition Permit $ 395
Address Change $ 245

NEWS RACK PERMIT (NRP)
News Rack Permit $ 165
(Each location requires a separate permit)

PARKING PERMITS (P)
Off-site Parking Permit $ 1,640
Shared Parking Permit $ 2,950

PLANNING FINAL CONSISTENCY REVIEW / INSPECTIONS
Plan Check & Inspection – Residential: 1-2 New Dwelling Units $ 2,865 Plan Check & Inspection – Residential: 3 or more New Dwelling Units $ 7,165 Plan Check & Inspection – Residential: Remodel <500 sf $ 950 Plan Check & Inspection – Residential: Remodel >500 sf $ 1,430 Plan Check & Inspection – Add <100 sf $ 1,145
Plan Check & Inspection – Add >100 sf $ 1,310
Plan Check & Inspection – Non-residential <5,000 sf $ 4,920 Plan Check & Inspection – Non-residential >5,000 sf $ 7,385 Plan Check & Inspection – Miscellaneous $ 655

PLAZA REVIEW
Plaza Tenant Improvement Review (PTI) $ 410
Plaza Sign Review $ 245

PUBLIC NOTICE
Public Notice $155 service fee / 0.53¢ parcel

REDEVELOPMENT PERMIT (R)
Redevelopment Permit $ 5,745

RESEARCH
Staff will provide the first half-hour worth of research without charge.

Thereafter, the research charge will be applied. $140 per hour SIDEWALK CAFÉ PERMIT (SCP)
Sidewalk Café Permit $ 3,675

SITE SPECIFIC PARKING PLAN
Site Specific Parking Plan $ 3,070

SHORELINE PROTECTION PERMITS
Shoreline Protection Permit (SPP) $ 4,315
Setback Seawall Permit (SSP) $ 6,940
Emergency Beach Barrier (IB) $ 3,020
45 June 17, 2024 Item 12
City of Del Mar Fee Schedule
Effective 7/1/2024

Application Type Initial Deposit Required

COMMUNITY (GENERAL PLAN) PLAN AMENDMENT, ZONING AMENDMENT,

SPECIFIC PLAN OR SPECIFIC PLAN AMENDMENT
General Plan Amendment – Text Change $ 11,250
General Plan Amendment – Map Change $ 11,250
Local Coastal Plan Amendment $ 11,250
Zoning Code Amendment – Change of Text $ 11,250
Rezone – Change of designation on Zoning Map $ 11,250
Specific Plan $ 28,135
Specific Plan Amendment $ 5,625
Development Agreement $ 11,250
Development Agreement Amendment $ 5,625

ENVIRONMENTAL REVIEW
Environmental Assessment / Initial Study $ 1,125
EIR $ 6,750
EIR Addendum / Supplemental $ 2,810
Environmental Monitoring $ 2,810

SIGN PERMITS
Administrative Sign Review Permit (ASR) $ 255
DRB Sign Permit (DRB-S) $ 2,460

STREET VACATION (SV)
Street Vacation $ 7,320

SUBDIVISIONS
Boundary Adjustment (BA) with Certificate of Compliance $ 3,660 Certificate of Compliance (COC) Only $ 1,320
Tentative Parcel Map (TPM) – Four (4) or fewer new lots $ 9,515 Tentative Parcel Map (TPM) – Condo Conversion $ 3,475
Revised Parcel Map $ 6,760
Final Parcel Map $ 3,600
Tentative Tract Map (TTM) – Five (5) or more new lots $10,490 Tentative Tract Map (TTM) – Condo Conversion of 5 or more units $ 4,425 Final Tract Map $ 4,425

TEMPORARY USE PERMIT (TUP)
Minor Temporary Use Permit $ 655
Major Temporary Use Permit $ 3,280

TREES, SCENIC VIEW, SUNLIGHT (TSVS) APPLICATION
Trees, Scenic View and Sunlight Determination $ 3,280
Trees, Scenic View and Sunlight Remediation $ 3,280
Trees, Scenic View and Sunlight Inspection $ 655

TREE PERMITS
Tree Removal Permit (TRP) $ 565
Notice of Intent (NOI) to remove a protected tree $ 320 WATER EFFICIENT LANDSCAPE – WELO
Water Efficient Landscape (WELO) $ 805

ZONING CODE DETERMINATION / INTERPRETATION
Determination of Allowable Use (D) $ 2,830
Interpretation of Zoning Code (I) $ 2,830
46 June 17, 2024 Item 12
City of Del Mar Fee Schedule
Effective 7/1/2024

All of the application types listed above are processed by the City on a time-and-materials basis. At the time of submittal, an initial deposit is required in the amount listed.

During the course of review, City staff will track the time-and-materials expenses incurred against the submitted deposit. When the amount incurred reaches 80% of the submitted deposit amount, an additional deposit shall be required. Failure to submit any additional required deposit amounts will result in a cessation of staff work on the application.

Additional charges, taxes and fees are noted below, including:
- Community (General) Plan/Zoning Code Update Charge (10% charge) - Construction License Tax
- Regional Transportation Congestion Improvement Program - In-Lieu Housing Mitigation Fee
- Housing Reduction Mitigation Fee
- In-Lieu Parking Fee
COMMUNITY (GENERAL) PLAN/ZONING CODE UPDATE CHARGE (10% CHARGE) This charge was established by the City Council to create a reserve of funds to support the periodic updates to the City’s Community Plan mandated by state law. The charge is also intended to support associated updates to the City’s Zoning Code. The charges that are collected are placed in a reserve account dedicated to funding Community Plan and Zoning Code Updates.

The amount of the Community Plan/Zoning Code Update Charge is determined as follows:
 The payment of the Community Plan/Zoning Code Update Charge applies only to applications that involve review by one of the City’s discretionary review bodies (City Council, Planning Commission, and Design Review Board).
 For applications that require payment of a flat fee, the Community Plan/Zoning Code Update Charge shall be 10% of the amount of the flat fee for the application, as listed in this Schedule.  For applications that require submittal of a time and materials deposit, the Community Plan/Zoning Code Update Charge shall be a figure of either: 10% of the required Initial Deposit, as listed in this schedule, or $1,000, whichever is less.
 Where multiple applications are submitted concurrently for a project, only one Community Plan/Zoning Code Update Charge shall be required, based on 10% of the amount of the highest of the fees or deposits required for the submitted applications.
47 June 17, 2024 Item 12
City of Del Mar Fee Schedule
Effective 7/1/2024

The charges listed below are not required at the time of application submittal but, as applicable under the Del Mar Municipal Code, may be required as a condition(s) of approval of an approved permit:

Construction License Tax: 0.35¢ per square foot
(applies to all new floor area and/or replacement floor area Regional Transportation Congestion
Improvement Program (RTCIP):
$2,875.06 per new (versus replacement) residential unit (applies to a net increase of residential units on a parcel, e.g., new residence on a vacant parcel; new additional residential units on an existing developed parcel, etc.)
Housing Reduction Mitigation Fee: $26,560 per unit
(as required pursuant to the City’s Affordable Housing
Programs)
In-Lieu Housing Mitigation Fees: Subdivisions:
$27,350 per lot created (per DMMC 24.21)
New Condominium Construction or Conversion:
$35 per square foot of habitable area (per DMMC 24.21)
In-Lieu Parking Fee $37,890 per stall (one-time fee); or $1,335 per stall (recurring annual fee for participation in the program) (fee is not available for residential or hotel/motel uses; the in-lieu program has a cap of 50 spaces)
Other Notes Applicable to this Schedule of Fees and Charges:

1. The figures listed for Flat Fees in this Schedule of Fees and Charges shall be updated annually at the beginning of each Fiscal Year (July 1), based on the Consumer Price Index for all Urban Consumers (CPI-U) (San Diego-Carlsbad) all items category, using the period of change from April of the prior year to April of the current year, and adjustments shall be no less than zero-percent (0%), but not to exceed three-percent (3%).

2. Work started prior to authorization of proper required permits shall be subject to payment of double the amount of the fees/charges otherwise applicable to the required permit application(s).

3. If a proposed development requires receipt of multiple permits, the applicant shall pay 100% of all required application fees and/or deposits, as identified in this Schedule of Fees and Charges.

4. Application fees and charges collected pursuant to this schedule are non-refundable. However, at the discretion of the Director of Planning and Community Development, a portion of a submitted fee may be refunded if an application is withdrawn. The withdrawal of the application and the request for refund shall be made in writing. The Director of Planning and Community Development shall determine the amount of the refund based on the administrative costs expended on the project as of the date the application is withdrawn. Refunds will be paid to the party named on the application Fee/Charge payment receipt. No refunds will be issued for applications deemed inactive for more than 6 months.

5. The Director of Planning and Community Development may reduce all, or a portion of, planning fees for projects that include affordable housing units, as those units are defined in the Del Mar Housing Element.
48 June 17, 2024 Item 12
City of Del Mar Fee Schedule
Effective 7/1/2024

6. When a request for a engineering review and planning service is submitted that is not listed in the Schedule of Fees and Charges, the Director of Planning and Community Development shall determine which of the items that is listed on the Schedule would most closely match the expected staff workload required to review and administer the application/request. That fee or charge shall be applied to the unlisted request.

7. Where an application is re-submitted for a project that was previously approved but not implemented, the Director of Planning and Community Development shall have the discretion to reduce the amount of the required fees or deposit charges for the re-submitted permit applications by a factor of not more than 50%. Such reduction shall be granted only upon a determination by the Director that there have not been changed circumstances which would necessitate additional staff analysis to prepare staff reports and other related documents for processing the new application.

8. Any interest accrued from a deposit submitted in accordance with this Schedule of Fees and Charges shall be used to off-set the City’s administrative costs to maintain said deposits. Accrued interest shall not be reimbursed to the applicant.

9. As part of the application process, the applicant is required to indemnify and hold the City harmless for any costs on any challenge to the City’s action on the application/permit.

10. This fee schedule is not inclusive of fees imposed by other jurisdictions or agencies (State or Federal).

City Council History:

1. Resolution 2020-39 adopted July 6, 2021 (Comprehensive User Fee Schedule)

2. Resolution 2021-29 adopted June 21, 2021 (3% CPI Increase)

3. Resolution 2022-50 adopted June 20, 2022 (3% CPI Increase)

4. Resolution 2022-65 adopted October 17, 2022 (Amended Increase)

5. Resolution 2023-23 adopted June 19,2023 (3% CPI Increase) 49 June 17, 2024 Item 12
Exhibit B
Adopted June 17, 2024 by
City Council Resolution
2024-XX
Effective July 1, 2024
Program/Fee FY 2025 Fee
Administrative Fees
Notary Fee $15.00 per signature
Public Records Act Request Copy Fees $0.10 per page
Returned Check Fee $25.00
Building-Clean Water Construction Inspection Fee
Standard Priority Construction Projects $1,875
High Priority Construction Projects $3,725
Park and Beach Use Fees
Powerhouse Park Permit: Groups 25-99 (resident rate) $225 Powerhouse Park Permit: Groups 25-99 (non-resident rate) $505 Powerhouse Park Permit: Groups 100-199 (resident rate) $390 Powerhouse Park Permit: Groups 100-199 (non-resident rate) $900 15th Street Sand Permit: Groups 25-99 (resident rate) $225 15th Street Sand Permit: Groups 25-99 (non-resident rate) $505 15th Street Sand Permit: Groups 100-199 (resident rate) $390 15th Street Sand Permit: Groups 100-199 (non-resident rate) $900 Seagrove Park Permit: Groups > 25 (residential rate) $1,030 Seagrove Park Permit: Groups > 25 (non-residential rate) $1,545 Shores Park Athletic Fields - Del Mar non-profit related activities $0 Shores Park Athletic Fields $5/hour
Parking Passes

L'AUBERGE PARKING PERMIT (YELLOW PASS)
3 Month Pass $195
6 Month Pass $335
Annual Pass $675

VOLUNTARY PRE-PAID PERMIT (PINK PASS)
Annual Pass $785
REPLACEMENT Fee
Replacement $25

CITY OF DEL MAR

FEE SCHEDULE
50 June 17, 2024 Item 12
Program/Fee FY 2025 Fee

CITY OF DEL MAR

FEE SCHEDULE
Powerhouse Community Center Fees
DEL MAR RESIDENTS: LOW SEASON (NOV-FEB)
Daily Rental $1,970
Hourly Rental $195
DEL MAR RESIDENTS: HIGH SEASON (MAR-OCT)
Daily Rental $3,935
Hourly Rental $390
NON-RESIDENTS: LOW SEASON (NOV-FEB)
Daily Rental $4,500
Hourly Rental $450
NON-RESIDENTS: HIGH SEASON (MAR-OCT)
Daily Rental $5,065
Hourly Rental $620

NON-PROFIT - DEL MAR
Hourly Rental $0

NON-PROFIT - NON-DEL MAR
Hourly Rental $110

PARKING RENTAL
Parking Rental $165
Public Works Fees
After-Hours Turn on $180
During-Hours Turn on $120
Backflow Non-Compliance $165
Backflow Monthly Service $4
Construction Meter Deposit $2,295 deposit
Fats, Oil, and Grease - Annual Administration $350
Fats, Oil, and Grease - Plan Check $1,125
Fats, Oil, and Grease - Variance $955
Door Hanger $75
Water Shut-Off $60
Curb Painting - Review Fee $325
Curb Painting - Installation & Maintenance $180
Right-of-Way (ROW) Access Fee $420
Traffic Device Petition Fee $1,330
51 June 17, 2024 Item 12
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, SETTING THE FISCAL YEAR 2024-2025

PARKING VIOLATION FINES SCHEDULE
WHEREAS, the City of Del Mar recognizes its responsibility to establish and enforce parking regulations to preserve and enhance public safety to manage the parking resources of the City; and
WHEREAS, to enforce these parking regulations the City is required to comply with the California Vehicle Code and the County of San Diego Traffic Code adopted by the City by reference; and
WHEREAS, the City desires to set fines to obtain compliance with the aforementioned codes and regulations that are fair and reasonable in comparison with our neighboring jurisdictions, including the cities of San Diego and Solana Beach, and with the State of California; and
WHEREAS, the State of California under Senate Bill 1407 has required a surcharge of $12.50 per City administered violation for State and County of San Diego court and facilities costs since January 1, 2011; and
WHEREAS, on June 20, 2022, the City Council adopted Resolution 2022-43 and reserved the right to ensure the City’s parking violation fines remain consistent with the regional market and reflect increasing costs to administer over time, the City will adjust fines annually, at the beginning of each Fiscal Year (July 1), based on the Consumer Price Index (U.S. City Average), in an amount not to exceed 3% in a given year; and WHEREAS, the Consumer Price Index (U.S. City Average) as of April 2024 is 3.4%, therefore, allowing the City to adjust fines by no more than 3%; and WHEREAS, the violation fines in the City of Del Bail Schedule contained in “Exhibit “A” of this Resolution do not exceed the City’s reasonable administrative costs of providing such services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar, California, hereby approves the City of Del Mar Fiscal Year 2024-2025 Parking Violation Fines Schedule, attached hereto as Exhibit “A”.

BE IT FURTHER RESOLVED, that parking violations not paid within 21 days from issuance will be subject to double the fines per this Resolution.

BE IT FURTHER RESOLVED, the fines contained in the City of Del Mar Bail Schedule approved herein supersede any and all fines for corresponding services as previously approved by the City Council.
52 June 17, 2024 Item 12
Resolution No. 2024-XX

Page 2 of 2 ends

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 17th day of June, 2024. _____________________________
Dave Druker, 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. 2024-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 17th day of June, 2024, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
____________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
53 June 17, 2024 Item 12

CITY OF DEL MAR

PARKING VIOLATION SCHEDULE
Exhibit A
Adopted June 17, 2024 by
City Council Resolution 2024‐XX
Effective July 1, 2024
Violation Code Description Violation Fee

14.16.030(D) NOT IN MARKED SPACE $61

14.16.040 DMMC GREEN CURBS $53

14.16.060 DMMC OVERSIZED VEHICLE $88

14.16-72.135 LOADING ZONE-CURB MARKINGS $61

14.16-72.140 POSTED TIME LIMIT $53

14.16-72.140 GREEN CURBS SIGNED $53

14.20.040 DMMC EXPIRED METER $53

14.20.040B DMMC PARKING MACHINE VIOLATION $53

14.20.040S DMMC SEAGROVE PARKING $53

14.20.040T DMMC TRAILHEAD PARKING $53
21113 (a) CVC COUNTERFEIT/ALTERED PERMIT $300
21211 CVC NO PARKING BIKE LANE $72
21458 (4) CVC GREEN CURBS $53
22500 CVC NO STOPPING, STANDING, PARKING $72
22500.1 CVC POSTED FIRE LANE $72
22500(b) CVC ON A CROSSWALK $72
22500(e)(1) CVC BLOCKING DRIVEWAY $72
22500(f) CVC BLOCKING SIDEWALK $72
22502 CVC CURB AND WRONG WAY PARKING $61
22507.8(A) CVC DISABLED ONLY $300
225078ADMIN 225078 DP ADMIN FEE $25
22507.8(B) CVC

OBSTRUCT ACCESS TO DISABLED
SPACE $300
22507.8(C) CVC

PRKD ON DISABLED
HASHMARKS/BNDARY LINES $300
22507(B) CVC PERMIT REQUIRED $61
22509 CVC PARKED ON HILL $72
22514 CVC FIRE HYDRANT $61
22515 CVC PARKED UNATTENDED - MOTOR ON $72
22521 CVC PARKED WITHIN 7FT OF RR TRACKS $72
22651(K) CVC STORAGE ON STREET 72 HOURS $66
22658 CVC POSTED PRIVATE PROPERTY $61
CVC 26710 DEFECTIVE WINDSHIELD $66
CVC 27155 GAS CAP REQUIRED $61
CVC 27465(B) BALD TIRES $66
4000(a)(1) CVC EXPIRED REGISTRATION $53
CVC 4457 ILLEGIBLE PLATES/TAB $53
CVC 4461 MISUSE OF PLACARD $300
4463 CVC DISABLED PLACARD FRAUD $300
54 June 17, 2024 Item 12

CITY OF DEL MAR

PARKING VIOLATION SCHEDULE
Exhibit A
Adopted June 17, 2024 by
City Council Resolution 2024‐XX
Effective July 1, 2024
Violation Code Description Violation Fee
4463 (a)(1) VEHICLE REGISTRATION FRAUD $300
4464 ALTERED PLATES $53
5200(a) BOTH PLATES REQUIRED $53
CVC 5201 IMPROPER DISPLAY OF LIC. PLATES $53
5204A CVC NO CURRENT TABS DISPLAYED $53

72.111 SDCC MEDIAN STRIP $61

72.115B SDCC PARKED IN SAFETY ZONE/ RED $72

72.116(d) SDCC BLOCKING HYDRANT $72

72.117 SDCC NO PARKING $61

72.118 SDCC BLOCKING HIGHWAY $72

72.119 SDCC TEMPORARY NO PARKING $61

72.120 SDCC

MOVING OF VEHICLE BY SDSO/ SDSO
TOW $61

72.121 SDCC REMOVAL OF IGNITION KEY $53

72.122 SDCC STORAGE ON STREET $66

72.123 SDCC PARKED FOR SALE $61

72.123 B SDCC WASHING OR REPAIRING VEHICLE $61

72.125 SDCC TOW AWAY ZONE $72

72.126 SDCC COMMERCIAL VEHICLES $61

72.134 SDCC BUS LOADING ZONE $72

72.135 SDCC 20 MIN LIMIT-GREEN CURBS $61

72.135(C) SDCC RED CURBS $72

72.138 SDCC STANDING IN ALLEY $61

72.140 SDCC LONG TERM LIMIT $61

72.140(N) SDCC NO NIGHT PARKING $61

72.150 SDCC ANGLE PARKING $61

72.66 SDCC SIGNS/ MARKINGS $61
SDCC 73.110 SLEEPING/CAMPING IN VEHICLE $88
55 June 17, 2024 Item 12
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Sarah Krietor, Administrative Services Manager/City Clerk Via Ashley Jones, City Manager
DATE: June 17, 2024
SUBJECT: Resolution Calling for the Placement of a General Tax Measure on the November 5, 2024 General Municipal Election Ballot for Submission to the Qualified Voters of a Proposed Ordinance Amending, Clarifying and Modernizing the City’s Existing Transient Occupancy Tax Regulations REQUESTED ACTION/RECOMMENDATION:

It is recommended that the City Council: 1) Adopt a Resolution (Attachment A) calling for the placement of a general tax measure on the November 5, 2024 General Municipal Election ballot for submission to the qualified voters of a proposed Ordinance amending, clarifying and modernizing the City’s existing transient occupancy tax (TOT) regulations under Del Mar Municipal Code (DMMC) Chapter 3.12 (Exhibit A to Attachment A); and 2) Appoint two Councilmembers to draft an argument in support of the ballot measure and rebuttal, if applicable, for Council consideration and approval on July 8, 2024.

BACKGROUND:

Since 1963, local governments in the State of California have been granted the ability to tax transients for the privilege of occupying a room or space in a hotel, motel, inn, tourist home or house, or other lodging when rented for a period of 30 consecutive days or less (California Revenue & Taxation Code § 7280). This type of tax is commonly referred to as a Transient Occupancy Tax, or “TOT,” and is considered a standard practice by local governments.

The intent of TOT is to compensate a local government for the increased public service costs incurred by serving tourists in their community who use and benefit from the local government’s services and amenities during their stay, including fire, law enforcement and emergency medical services, driving on local roads, and visiting local beaches, parks and libraries. Local governments are able to provide and invest in these services and amenities partially through the collection of TOT.

For occupancy in a Del Mar hotel, motel, inn, tourist home, or similar temporary accommodation for dwelling, lodging, or sleeping purposes for a period of 30 consecutive days or less, the City imposes TOT at a rate of 13% of the total rent charged by the operator.

Operators are required to collect and remit TOT to the City, which is deposited in the General Fund.

Currently, the City only requires TOT from transients in lodging facilities with 3 or more units.

This means that when transients visiting Del Mar stay at a hotel, motel, inn, tourist home, or 1 June 17, 2024 Item 13
City Council Agenda Report
TOT Ballot Measure - November 5, 2024 General Municipal Election June 17, 2024

Page 2 of 6 ends

similar accommodation with 3 or more units, they pay a 13% TOT to the City. However, transients who stay in lodging facilities with less than 3 units, including short-term rentals (STRs), are not required to pay TOT to the City. If the TOT ballot measure (Ballot Measure) is approved, it would also require transients who stay in lodging facilities with less than 3 units, including STRs, to pay TOT to the City. The City has been undergoing a process to develop and adopt STR regulations, which is expected to be complete by December 2024. Per staff analysis presented to the City Council on July 10, 2023, the collection of TOT from STRs is essential to ensure regulating STRs is cost-neutral to the City and follows other established guiding principles related to STRs set by the City Council.

On May 20, 2024, the City Council discussed initiating a TOT ballot measure that would amend DMMC Chapter 3.12 to update, clarify and modernize the City’s existing TOT regulations and authorize the collection of TOT from STRs. Council directed staff to return with the necessary documentation to proceed with placing the Ballot Measure on the November 5, 2024 General Municipal Election for submission to the qualified voters of Del Mar. Council also identified several issues and questions for staff to research, which are addressed in detail below. Additionally, staff has prepared a FAQ sheet regarding TOT and the Ballot Measure (Attachment C).

DISCUSSION/ANALYSIS:

TOT is not a new concept to Del Mar. For 60 years, the City has charged TOT to transients of lodging facilities with 3 or more units rented for a period of 30 consecutive days or less.

TOT is only paid by transients who stay in lodging facilities in Del Mar and does not apply to homeowners, property owners or renters of more than 30 days. If approved, the Ballot Measure does not change this. Nor does the Ballot Measure propose changing the current voter-approved TOT rate of 13%. Rather, the Ballot Measure seeks voter approval to amend, clarify and modernize the City’s existing TOT Ordinance under DMMC Chapter 3.12, as follows:

1. Expand the definition of “hotel” to include lodging facilities with less than 3 units, including short-term rentals.

If approved, the Ballot Measure would amend DMMC Chapter 3.12 to apply TOT regardless of the number of units in a lodging facility and to expressly include STRs. Staff does not believe expanding TOT to lodging facilities with less than 3 units will have a negative impact on tourism in the City or will discourage visitors from staying in Del Mar.

All surrounding coastal communities, as well as most other cities within the County of San Diego, currently require TOT from STRs and lodging facilities with less than 3 units.

2. Clarify the definition of “rent” upon which TOT is charged to include all rates and fees charged for occupancy of a lodging facility, such as room rates, resort fees, parking, cancellation charges, cleaning fees, extra guest fees, pet fees, WIFI/Internet charges, etc. Any fees not collected directly by the operator, including service, booking and other transaction fees charged by hosting platforms, online travel companies, and third-party booking vendors would be excluded from the definition of rent.
2 June 17, 2024 Item 13
City Council Agenda Report
TOT Ballot Measure - November 5, 2024 General Municipal Election June 17, 2024

Page 3 of 6 ends

Currently, DMMC Section 3.12.030 defines “rent” as the charge for occupancy of space in a hotel valued in money “without any deduction therefrom whatsoever”. This means that, in addition to the room rate charged to transients, if the operator imposes any fees or charges for use of the facility in conjunction with the lodging, then TOT applies to such fees or charges as part of the total rent charged by the operator. This is consistent with the approach taken by other jurisdictions staff reviewed. The Ballot Measure further clarifies the definition of “rent” to expressly exclude any service, booking or other transaction fees that are not charged by the operator, but which are charged by thirdparty booking companies.

3. Modernize the definition of “operator” to include hosting platforms, online travel companies, and third-party booking vendors (e.g., Expedia, Orbitz, Travelocity, VRBO, Airbnb, etc.) for purposes of collecting TOT from transients on the City’s behalf and remitting TOT to the City.

The City’s TOT Ordinance was adopted before hosting platforms, online travel companies, and third-party booking vendors were involved in the booking of lodging facilities in Del Mar, and therefore, these companies were not considered in the definition of “operator”. In order for these companies to collect TOT from guests on behalf of the City and remit TOT to the City, the City must modernize the existing TOT regulations to expressly allow this. Accordingly, the Ballot Measure updates the TOT Ordinance to reflect the role of these companies in booking lodging accommodations in the City by expressly allowing these companies to collect and remit TOT to the City.

If the Ballot Measure is approved, it is estimated that applying TOT to STRs could generate an additional $775,000 in General Fund revenue for the City annually that cannot be taken by the State or Federal governments. The revenue generated from TOT provides funding for vital services and amenities benefitting the Del Mar community, including, but not limited to, police and fire protection, emergency medical services, street operations, maintenance and repairs, beaches, parks, trails, libraries, recreation services, senior programs, water conservation, and other services and amenities that make Del Mar a safe and desirable place to live, visit and do business.

Since the Ballot Measure expands the definition of TOT, which is a general tax, the Del Mar electorate must approve the Ballot Measure in accordance with Proposition 218. The California Elections Code governs the process for measures to be placed on the ballot by a legislative body. Placing a general tax measure on the ballot for voter consideration requires adoption of a Resolution (Attachment A) with an affirmative vote from at least four members of the City Council. Adoption of the proposed Resolution by the City Council simply allows the Ballot Measure to be presented to the voters for consideration at the November 5, 2024 General Election. In order for the City to adopt the proposed amendments to DMMC Chapter 3.12, the Ballot Measure must be approved by a majority of the votes cast by the Del Mar electorate voting in the November 5, 2024 General Election. 3 June 17, 2024 Item 13
City Council Agenda Report
TOT Ballot Measure - November 5, 2024 General Municipal Election June 17, 2024

Page 4 of 6 ends

Council and Public-Identified Areas of Concern and Questions TOT Applied to Rent, Including Additional Fees and Charges Many of the Council’s questions focused on the definition of “rent” under the City’s TOT Ordinance. As mentioned above, the Ballot Measure clarifies that “rent” would include any cleaning fees, resort fees, and other fees charged by the operator.

Following the publication of the May 20, 2024, City Council Agenda Report, the City received a red dot correspondence from the L ’Auberge Del Mar resort expressing concerns about the inclusion of resort fees in the definition of “rent” under the Ballot Measure, which prompted questions from the Council. After the City Council meeting, staff researched how the six hotels currently operating in Del Mar collect TOT and found that at booking most hotels appears to charge TOT only to the room rate and not to any additional fees charged to guests by the hotel operator. This practice is not compliant with the City’s regulations, which require the collection and remittance of TOT on the entire rent charged by the operator to the guests “without any deduction therefrom whatsoever.” Staff also reviewed TOT regulations from 20 other cities and counties in the State and found that all 20 jurisdictions either similarly require TOT to be charged on all rent, without deduction, and/or incorporate an extensive list of fees and charges, including resort fees, that are included in the total rent charged for purposes of applying TOT.

As such, staff recommends that the Ballot Measure expressly clarify that all fees charged by operators to guests be included in the rent. Including this express statement does not change the intent of the City’s existing regulations, but instead serves to clarify the existing regulations so it is clear that any fees or rates charged by the operator are subject to TOT.

It is worth noting that Del Mar’s hotels are good partners to the City, largely comply with the City regulations, and regularly remit monthly TOT payments to the City on time and using the correct form. Separate from the Ballot Measure process, the City plans to undergo a process of educating hotel operators on compliance with the City’s TOT regulations under DMMC Chapter 3.12, and implementing a TOT audit schedule to ensure compliance.

Applicability of TOT Regulations to STRs
Some STR operators expressed concerns about STRs being subject to TOT under the revised TOT regulations included in the Ballot Measure. STRs are considered a transient use as they are rented for occupancy for a period of 30 consecutive days or less. As such, it is common practice for local agencies to collect TOT from STRs. The City reviewed TOT regulations from 20 other local agencies in California, and all agencies surveyed collect TOT from STR guests. Further, staff’s analysis shows that in order for STR regulations to meet the Council’s guiding principle of being cost-neutral, TOT must be collected from STRs.

Additionally, it is the City’s position that, as currently drafted, State law and the existing DMMC Chapter 3.12 regulations authorize the City to collect TOT from STRs with 3 or more units/bedrooms that may be rented to guests. If approved, the Ballot Measure would amend DMMC Chapter 3.12 to apply TOT regardless of the number of units in a lodging facility, including STRs. Once the City’s STR Ordinance takes effect, this would alleviate the City from having to track those STRs with 3 or more units/rooms that would be required to collect 4 June 17, 2024 Item 13
City Council Agenda Report
TOT Ballot Measure - November 5, 2024 General Municipal Election June 17, 2024

Page 5 of 6 ends

and remit TOT to the City from those with less than 3 units/rooms would be exempt from the TOT regulations, as currently drafted.

Privacy Concerns Regarding Financial Statements of STR Operators Some STR operators expressed privacy concerns surrounding the remittance and reporting of TOT paid by guests to the City. If the Ballot Measure is approved, STRs would remit TOT to the City on the same form currently used by hotels, meaning that TOT information would be self-reported by STR operators and financial statements would not be submitted to the City as part of the process, unless the City identifies compliance issues or determines that additional back up is necessary. Similar to sales and use tax, the City and/or its third-party auditor may audit STRs for compliance with the City’s TOT regulations. Audits would occur in accordance with all applicable State and Federal regulations.

Third-Party Booking/Service Fees
Council directed staff to research whether booking/service fees commonly charged by hosting platforms, online travel companies, and third-party booking vendors, such as Expedia, Orbitz, Travelocity, VRBO, and Airbnb, should be included in the rent subject to TOT. According to the Airbnb website, service fees are paid by guests and/or operators (the split of the service fee may vary) to Airbnb to, “help Airbnb run smoothly and to cover the cost of services like 24/7 customer support.” Consistent with the information presented to the Council on May 20, 2024, many cities and counties include third-party booking/service fees in the amount of rent subject to TOT, and the City Attorney’s Office has opined that charging TOT on booking/service fees is legally permissible and is not considered double taxation. However, since these fees are paid to third-parties and are not part of the revenue to the operator, staff recommends the Ballot Measure include language clarifying the definition of “rent” to expressly state that rent includes all fees charged by operators to transients, but excludes service, booking and transaction fees charged by hosting platforms, online travel companies and third-party booking vendors, as stated above.

Definition of Transient and Applicability to Long-Term Renters in Del Mar The City received a red dot from a resident expressing concern about the definition of “transient” included in DMMC Section 3.12.030, and specifically the language stating a transient is any person who exercises occupancy for a period of “30 consecutive calendar days or less.” The resident is concerned about the applicability of this phrase to long-term renters in the City that may, for example, rent a property on a month-to-month basis when any particular month has a duration of less than 30 days. The difference between a transient and a long-term renter in the City is addressed in the portion of the existing definition of “transient” under Section 3.12.030 providing, “any person who actually occupies the same premises for a period of 31 or more consecutive days shall be deemed exempt from the [TOT] tax imposed by this Chapter…” Additionally, staff intends to include language in the proposed STR regulations for the Council’s consideration that will expressly define longterm rentals as being subject to a rental agreement for a fixed-term or periodic tenancy period of more than 30 consecutive calendar days, and that will exempt long-term rentals from the STR regulations, including the requirement to collect and remit TOT to the City.

Ballot Measure Process & Timeline
The proposed Resolution (Attachment A) directs the City Clerk to transmit a copy of the Ballot Measure (Exhibit A to Attachment A) to the County of San Diego Registrar of Voters 5 June 17, 2024 Item 13
City Council Agenda Report
TOT Ballot Measure - November 5, 2024 General Municipal Election June 17, 2024

Page 6 of 6 ends

and to the City Attorney, and further directs the City Attorney to prepare an impartial analysis of the effects of the measure on the existing law, as well as on the operation of the measure.

If the City Council votes to proceed with presenting the Ballot Measure to the electorate, staff recommends that the Council also take action to appoint up to two Councilmembers to draft a ballot argument supporting the measure and a rebuttal, if applicable. If more than one argument for the same position is received, the California Elections Code outlines the priority for selection of the argument(s) to be included in the Ballot Measure materials, as follows: 1) the legislative body or its member(s); 2) individual voter or bona fide association of citizens, who are sponsors or proponents of the measure; 3) bona fide association of citizens; 4) individual voters who are eligible to vote on the measure.

The proposed Resolution (Attachment A) includes language that further clarifies that if two or more parties representing the same type of body/association submit competing arguments in favor of the Ballot Measure, or arguments against the Ballot Measure, then the City Clerk will make a subjective assessment of the arguments. The assessment may include, but not be limited to, consideration of grammar, spelling, coherence, tone, and the comprehensiveness of the arguments.

A schedule of deadlines relating to the Ballot Measure, obtained from the County of San Diego Registrar of Voters (ROV) and the California Elections Code, is provided below.

August 15, 2024 Arguments Due to ROV
August 16, 2024 Impartial Analysis Due to ROV
August 20, 2024 Rebuttals Due to ROV
August 21, 2024 – August 31, 2024 10-day Public Examination Period FISCAL IMPACT:

The estimated cost for the TOT Ballot Measure is $15,000, which is included in the proposed FY 2024-25 Budget Update for Council consideration on June 17, 2024. After the November election has been conducted, the County Registrar of Voters will present the City with an invoice for the actual election costs.

If the Ballot Measure is approved, it is expected to generate approximately $775,000 annually in General Fund revenue that the City could use for general government services and amenities as described in this report.

ATTACHMENTS:

Attachment A – Resolution Calling for the Placement of the TOT Ballot Measure Exhibit A to Attachment A – Ordinance Amending DMMC Chapter 3.12 Attachment B – DMMC Chapter 3.12 (Redlined)
Attachment C – Frequently Asked Questions
6 June 17, 2024 Item 13
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, CALLING FOR THE PLACEMENT OF A
GENERAL TAX MEASURE ON THE NOVEMBER 5, 2024

GENERAL MUNICIPAL ELECTION BALLOT FOR SUBMISSION

TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE
AMENDING THE CITY’S EXISTING TRANSIENT OCCUPANCY
TAX REGULATIONS UNDER CHAPTER 3.12 OF THE DEL MAR

MUNICIPAL CODE TO AUTHORIZE THE COLLECTION OF THE

TAX ON LODGING FACILITIES WITH LESS THAN THREE
UNITS, INCLUDING SHORT-TERM RENTAL OPERATIONS;

CLARIFY THE TAX APPLIES TO THE ENTIRE RENTAL AMOUNT

CHARGED TO TRANSIENT GUESTS, EXCLUDING BOOKING

AND SERVICE FEES CHARGED BY HOSTING PLATFORMS,

ONLINE TRAVEL COMPANIES AND THIRD-PARTY BOOKING
VENDORS; AND PERMIT HOSTING PLATFORMS, ONLINE

TRAVEL COMPANIES AND THIRD-PARTY BOOKING VENDORS
TO COLLECT AND REMIT THE TAX TO THE CITY; AND

REQUESTING THE COUNTY OF SAN DIEGO CONSOLIDATE

SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION
OF NOVEMBER 5, 2024; SETTING RULES AND DEADLINES
FOR ARGUMENTS FOR AND AGAINST THE MEASURE; AND

DIRECTING THE CITY ATTORNEY TO PREPARE THE

IMPARTIAL ANALYSIS
WHEREAS, pursuant to Section 9222 of the California Elections Code and Sections 7280 and 7281 of the California Revenue and Taxation Code, the City Council of the City of Del Mar (City) has the authority to place a measure on the ballot to be considered by the qualified voters at a General Municipal Election regarding transient occupancy tax (TOT); and
WHEREAS, TOT is a general tax, the proceeds of which are deposited into the City’s General Fund and which pay for important City services and amenities, such as public safety, emergency medical services, street operations and maintenance, parks, trails, libraries, recreation services, and other general municipal services and amenities provided to the public and which benefit the Del Mar community; and WHEREAS, pursuant to Del Mar Municipal Code (DMMC) Chapter 3.12 (Transient Occupancy Tax), the City currently imposes TOT at a rate of thirteen percent (13%) upon guests of hotels, motels, inns, tourist homes, and other temporary transient accommodations with three or more units used for dwelling, lodging or sleeping purposes for a period of 30 consecutive calendar days or less; and WHEREAS, as drafted, DMMC Chapter 3.12 does not currently allow for the collection of TOT from guests who stay in lodging facilities with less than three units, including short-term rentals (STRs); and
WHEREAS, the City is undergoing a public process to develop and adopt STR regulations, which is expected to be complete by December 2024. As part of the STR regulations, the City Council desires to require the collection of TOT from STR guests, 7 June 17, 2024 Item 13
Resolution No. 2024-XX

Page 2 of 7 ends

which requires amending certain provisions under DMMC Chapter 3.12; and WHEREAS, the City Council also desires to clarify that TOT is collected based on the full rent charged to guests, which includes all fees and rates charged by the operator, such as room rates, resort fees, parking, cancellation charges, cleaning fees, extra guest fees, pet fees, WIFI/Internet charges, and other charges, and excludes any service, booking and other transaction fees charged by hosting platforms, online travel companies and third-party booking vendors; and
WHEREAS, the City Council further desires to modernize the City’s existing TOT regulations to authorize hosting platforms, online travel companies, and third-party booking vendors to collect and remit TOT to the City; and WHEREAS, on May 20, 2024, the City Council directed staff to prepare a Resolution calling for the placement of a proposed Ordinance amending DMMC Chapter

3.12 on the ballot for the November 5, 2024 General Municipal Election; and WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218 (California Constitution, Article XIIIC), an amendment to the State Constitution which requires that all general taxes which are imposed, extended or increased be submitted to the electorate and approved by a majority vote of the qualified electors voting in the election; and
WHEREAS, pursuant to Proposition 218, the general rule is that any local election for the approval of an increase to a general tax must be consolidated with a regularly scheduled general election for members of the governing body of the local government; and
WHEREAS, a General Municipal Election to be held on Tuesday, November 5, 2024 has been called by Resolution 2024-18, and the City Council desires to submit to the voters of the City the measure described herein at that election; and WHEREAS, based on the above, the City Council desires to submit a ballot measure to the voters at the November 5, 2024 General Municipal Election seeking voter approval of the proposed TOT Measure (the “Measure”); the specific terms relating to the Measure are provided for in the Ordinance to be considered by the qualified voters, attached hereto as Exhibit “A” and incorporated by this reference; and WHEREAS, City Council adopted Resolution 2024-19, consolidating the election of three (3) City of Del Mar Councilmembers with the County of San Diego Registrar of Voters and the Council desires that the election for this Measure also be consolidated with the Statewide General Election to be held on the same date; that within the City, the precincts, polling places, voting centers and election officers of the two elections be the same; that the San Diego County Registrar of Voters canvass the returns of the General Municipal Election; and that the election be held in all respects as if there were only one election; and
WHEREAS, the City Council further desires to establish deadlines and rules for the submission of written arguments and rebuttals for and against the Measure in accordance with applicable California Elections Code procedures; and 8 June 17, 2024 Item 13
Resolution No. 2024-XX

Page 3 of 7 ends

WHEREAS, under the authority of California Elections Code Section 9280, the City Council wishes to direct the City Attorney to prepare the impartial analysis for the Measure showing the effect of the Measure on the existing law and the operation of the Measure.

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEL MAR AS FOLLOWS:

Section 1. Recitals. The above recitals are true and correct.

Section 2. Approval of Ordinance Form. The City Council of the City of Del Mar, pursuant to its right and authority as contained in California Proposition 218 and California Elections Code Section 9222, herby approves the form of the Ordinance.

Section 3. Ballot Measure. The City is directed to submit the City of Del Mar Transient Occupancy Tax Measure to the voters of the City of Del Mar at the General Municipal Election to be held on Tuesday, November 5, 2024, in the form of the following question:

Measure ___ City of Del Mar Transient Occupancy Tax Measure Transient Occupancy Tax (TOT) Measure
To maintain City services impacted by tourism (public safety, streets, beaches, parks, trails), shall the Del Mar Municipal Code be updated to require TOT from guests of all short-term vacation rentals (30 days or less), hotels, and similar facilities – regardless of unit/bedroom count – on rent charged
(excluding third-party booking fees), and allow online booking vendors to collect/remit TOT to City of Del Mar, generating approximately $775,000 annually in local revenue, until ended by voters?
YES
NO
Section 4. Election Consolidation.

A. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of San Diego is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of the election of this Measure.

B. That the County of San Diego Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one (1) election, and only one (1) form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election, pursuant to Section 10418 of the Elections Code.

Page 4 of 7 ends

said election, with the exception that the Administrative Services Manager/City Clerk of the City of Del Mar shall cause the publication of all notices that are indicated as the responsibility of the City Clerk in the Election Calendar for said election.

D. That the City of Del Mar recognizes that additional costs will be incurred by the County of San Diego by reason of this consolidation and agrees to reimburse the County for those costs.

E. That the County of San Diego shall be reimbursed in full for the services performed by the Registrar of Voters for the City of Del Mar upon presentation of a bill therefore, and that the City agrees to indemnify and hold harmless the County, its officers, agents and employees from expense or liability, including reasonable attorneys’ fees, as the result of an election contest arising after conduct of the election, so long as the basis for any such claim arises from the conduct of the City or as a result of the reasonable reliance by the County upon information provided by the City.

Section 5. The City Council of the City of Del Mar orders the following particulars regarding completion of ballot arguments and an impartial analysis:

A. Arguments. Pursuant to California Elections Code Section 9280, et seq:
a. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the Measure, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, which arguments may be changed until and including August 15, 2024, after which no arguments for or against the Measure may be submitted to the City Clerk. Arguments in favor of or against the Measure shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.
b. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.
c. If two or more parties representing the same type of body/association submit competing Arguments in Favor or Arguments Against the same measure, the City Clerk will make a subjective assessment of the arguments. The assessment may include consideration of grammar, spelling, coherence, tone and the comprehensiveness of the argument.
10 June 17, 2024 Item 13
Resolution No. 2024-XX

Page 5 of 7 ends

B. Impartial Analysis. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the voter information guide along with the Measure as provided by law. The Impartial Analysis shall be filed by August 16, 2024. The Impartial Analysis shall include a statement that the Measure was placed on the ballot by the City Council. In the event the entire text of the Measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the Ordinance or Measure, please call the City Clerk at (858) 375-9517 and a copy will be mailed at no cost to you.”
C. Rebuttals. Pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the Measure, which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the Measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than August 20, 2024. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

D. Timeline. Based on the time necessary to prepare and print the City Attorney impartial analysis, the arguments and rebuttals, and to permit the 10-calendar day public examination period, as provided in Division 9, Chapter 3, Article 6 of the California Elections Code, commencing with Section 9295, for the November 5, 2024 election, the City of Del Mar adopts the following deadlines, consistent with the San Diego County Registrar of Voter requirements for Measures:

August 15, 2024 Arguments Due
August 16, 2024 Impartial Analysis Due
August 20, 2024 Rebuttals Due
August 21, 2024-August 31, 2024 10-day Public Examination Period
Section 6. Public Notice. The City Clerk is hereby directed to publish a synopsis of the Measure in accordance with California Elections Code Section 12111 at least one time not later than one week before the election in a newspaper of general circulation in the City.

Section 7. Placement on Ballot. The full text of the City of Del Mar Transient Occupancy Tax Measure is attached hereto as “Exhibit A” and incorporated herein by reference.

Section 8. Delivery of Resolution to County. The City Clerk shall file a certified copy of this Resolution with the San Diego County Registrar of Voters and is hereby authorized 11 June 17, 2024 Item 13
Resolution No. 2024-XX

Page 6 of 7 ends

to execute, submit, file, sign, communicate, and otherwise do whatever is necessary to effectuate a City of Del Mar ballot measure. The City Clerk is further directed to take all administrative action necessary to accomplish the orders set forth in this Resolution.

Section 9. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable.

The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

Section 10. CEQA. The City Council hereby finds and determines that the ballot Measure relates to organization and administrative activities of the government that will not result in direct or indirect physical changes in the environment and, therefore, is not a project within the meaning of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Section 15378(b)(5).

Section 11. If the voters approve the Measure, the Mayor (or in their absence, the Deputy Mayor) is hereby authorized to execute the Ordinance amending the Transient Occupancy Tax regulations under Chapter 3.12 of the Del Mar Municipal Code, attesting to its adoption by the people voting thereon on November 5, 2024.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 17th day of June 2024. _____________________________________
Dave Druker, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________________
Leslie E. Devaney, City Attorney
City of Del Mar
12 June 17, 2024 Item 13
Resolution No. 2024-XX

Page 7 of 7 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 Resolution No. 2024-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 17th day of June 2024, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
13 June 17, 2024 Item 13
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY OF DEL MAR, CALIFORNIA,
AMENDING DEL MAR MUNICIPAL CODE CHAPTER 3.12 –

TRANSIENT OCCUPANCY (HOTEL) TAX (TOT) ALLOWING

THE CITY TO COLLECT TOT FROM SHORT-TERM RENTAL

OPERATORS AND MODERNIZING TOT REGULATIONS
(NOTE: Additions are highlighted in bold italics and deletions are highlighted in strikeout)
BE IT ORDAINED BY THE VOTERS OF THE CITY OF DEL MAR:

WHEREAS, this Ordinance amends, clarifies and modernizes the City’s existing transient occupancy tax (TOT) regulations under Chapter 3.12 of the Del Mar Municipal Code (DMMC); and
WHEREAS, pursuant to DMMC Chapter 3.12, the City currently imposes TOT at a voter-approved rate of thirteen percent (13%) upon guests of hotels, motels, inns, tourist homes, and other temporary transient accommodations with three or more units used for dwelling, lodging or sleeping purposes for a period of 30 consecutive calendar days or less; and
WHEREAS, as drafted, DMMC Chapter 3.12 does not currently allow for the collection of TOT from guests who stay in lodging facilities with less than three units, including short-term rentals (STRs); and
WHEREAS, the City is undergoing a public process to develop and adopt STR regulations, which is expected to be complete by December 2024. As part of the STR regulations, the City Council desires to require the collection of TOT from STR guests; and
WHEREAS, the City Council also desires to clarify that TOT is collected based on the full rent charged to guests, which includes all fees and rates charged by the operator, such as room rates, resort fees, parking, cancellation charges, cleaning fees, extra guest fees, pet fees, WIFI/Internet charges, and other charges, and excludes any service, booking and other transaction fees charged by hosting platforms, online travel companies and third-party booking vendors; and
WHEREAS, the City Council further desires to modernize the City’s existing TOT regulations to authorize hosting platforms, online travel companies, and third-party booking vendors to collect and remit TOT to the City; and WHEREAS, TOT is not a tax on Del Mar residents, property owners, long-term renters of more than 30 days, hotel operators, STR operators, and operators of other lodging facilities in the City; and
WHEREAS, TOT is only paid by transient guests who stay in local lodging facilities, and ensures tourists pay their fair share to use and benefit from the City’s 14 June 17, 2024 Item 13
Ordinance No. XXXX

Page 2 of 5 ends

services and amenities during their stay, including fire, law enforcement and emergency medical services, driving on local roads, and visiting local beaches, parks, trails, and libraries, as well as other City services and amenities; and WHEREAS, TOT revenues remain in the City, are controlled by the City, and are used for unrestricted general municipal purposes such as public safety, infrastructure, street operations, maintenance and repairs, recreation services, senior programs, water conservation, and other general public services and amenities benefitting the community and which make Del Mar a safe and desirable place to live, visit and do business; and
WHEREAS, by amending the existing TOT regulations to apply to lodging facilities with less than three units, including STRs, it is estimated that the City will generate approximately $775,000 annually in additional General Fund revenue, which will be used for general City services, including protecting residents’ quality of life and continuing to provide a high level of service to the community of Del Mar; and WHEREAS, on May 20, 2024, the City Council directed staff to prepare a Resolution calling for the placement of a proposed Ordinance amending DMMC Chapter 3.12 (Transient Occupancy Tax) on the ballot for the November 5, 2024 General Municipal Election.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar, California, does hereby ordain as follows:

SECTION ONE:

That the foregoing recitals are true and correct.

SECTION TWO:

That subject to the approval of the majority of the voters of the City of Del Mar at the November 5, 2024, General Municipal Election so designated by the City Council in a separate Resolution placing the proposal on the ballot for such election, DMMC Section

3.12.030 (Transient Occupancy Tax – Definitions) is hereby amended as follows:

3.12.030 Definitions.

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

Hotel. Any structure or any portion of any structure which has three or more unit(s) occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, including any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, short-term rental, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location or other similar structure or portion thereof.
15 June 17, 2024 Item 13
Ordinance No. XXXX

Page 3 of 5 ends

Occupancy The use or possession or the right to the use or possession of any room or portion thereof in any hotel for dwelling, lodging or sleeping purposes.

Compliance with the provisions of this Chapter by either the principal or the managing agent shall, however, be considered to be compliance by both.

Rent. The consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits, and property and services of any kind or nature, without any deduction therefrom whatsoever. This amount shall include any cleaning fees, resort fees, parking fees, pet fees, extra guest fees, cancellation charges, WIFI/Internet charges, and any other fees, rates and charges as part of the total “rent” charged. Any fees, rates and charges not collected directly by the operator, including service, booking and other transaction fees charged by hosting platforms, online travel companies, and third-party booking vendors, are excluded from the definition of “rent” for purposes of this Chapter.

Transient. Any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy; provided, that any person who actually occupies the same premises for a period of 31 or more consecutive days shall be deemed exempt from the tax imposed by this Chapter on that specific occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of this Chapter may be considered.

SECTION THREE:

3.12.040 (Transient Occupancy Tax – The Collection of Tax) is hereby amended as follows:

3.12.040 The Collection of Tax.

A. It shall be unlawful for an operator to fail to collect from the transient the tax imposed by this Chapter at the same time as the rent is collected from the transient.

B. The operator shall deliver to the transient a receipt for payment which states the amount of the tax separately from the amount of the rent charged. 16 June 17, 2024 Item 13
Ordinance No. XXXX

Page 4 of 5 ends

C. No operator shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that the tax will not be added to the rent, or that, if added, any part will be refunded except in a manner provided in this Chapter.

D. For purposes of this Section, if the operator uses a web- or application-based hosting platform, online travel company, or third-party booking vendor that facilitates rentals and payments for hotel rentals, the hosting platform, online travel company, or third-party booking vendor shall be considered an agent of the operator for purposes of collecting and remitting the tax to the City.

SECTION FOUR:

The transient occupancy tax set forth herein shall be collected and administered in the manner set forth in Chapter 3.12 of the DMMC.

SECTION FIVE:

Pursuant to California Constitution Article XIIIC, Section (2)(b) and California Elections Code Section 9217, this Ordinance shall take effect only if approved by a majority of the eligible voters of the City of Del Mar voting at the General Municipal Election to be held on November 5, 2024, and shall become effective as of January 1, 2025.

SECTION EIGHT:

If any portion of this Ordinance is declared invalid by a court of law of other legal body with applicable authority, the invalidity shall not affect or prohibit the force and effect of any other provision or application of the Ordinance that is not deemed invalid. The voters of the City hereby declare that they would have circulated for qualification and/or voted for the adoption of this Section, and each portion thereof, regardless of the fact that any portion of the initiative may be subsequently deemed invalid.

SECTION NINE:

The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on November 5, 2024, by signing where indicated below.

I hereby certify that the foregoing Ordinance was PASSED, APPROVED, AND ADOPTED by the People of the City of Del Mar on the 5th day of November, 2024. ______________________________
Dave Druker, Mayor
City of Del Mar
17 June 17, 2024 Item 13
Ordinance No. XXXX

Page 5 of 5 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 Ordinance No. XXXX, which has been published pursuant to law, and adopted by the vote of the People of the City of Del Mar on the 5th day of November, 2024. ______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
City of Del Mar
18 June 17, 2024 Item 13
TITLE 3 - TAXES
Chapter 3.12 TRANSIENT OCCUPANCY TAX
Del Mar, California, Municipal Code Created: 2024-04-03 15:46:17 [EST] (Supp. No. 8)

Page 1 of 4 ends

Chapter 3.12 TRANSIENT OCCUPANCY TAX

3.12.010 Taxable Event.

A. For the privilege of occupancy in any hotel, each transient shall pay a tax in an amount up to 13 percent of the rent charged by the operator. The exact rate shall be as set by resolution of the City Council. The transient satisfies this tax obligation by paying the tax to the operator.

B. The tax is payable at the time that rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The balance of the tax shall be due upon the transient's ceasing occupancy in the hotel.

C. If sufficient funds are not paid to the operator by the transient to pay the tax in full, the Tax Administrator may commence an action against the transient to recover the amount of the tax.

3.12.020 Exemptions.

No tax under this Chapter shall be imposed upon:

A. Any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the tax herein provided.

B. Any federal or State of California officer or employee when on official business.

C. Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty.

No exemption shall be granted except upon a claim therefor made at the time rent is collected and under penalty of perjury upon a form prescribed by the tax administrator.

3.12.030 Definitions.

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

Hotel. Any structure or any portion of any structure which has three or more units occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, including any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, short-term rental, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location or other similar structure or portion thereof.

Occupancy The use or possession or the right to the use or possession of any room or portion thereof in any hotel for dwelling, lodging or sleeping purposes.

Operator. The person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee or any other capacity. Where the operator performs his functions through a managing agent or any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this Chapter and shall have the same duties and liabilities as his principal. Compliance with the provisions of this Chapter by either the principal or the managing agent shall, however, be considered to be compliance by both.
19 June 17, 2024 Item 13
Created: 2024-04-03 15:46:17 [EST]
(Supp. No. 8)

Page 2 of 4 ends

3.12.040 The Collection of Tax.

A. It shall be unlawful for an operator to fail to collect from the transient the tax imposed by this Chapter at the same time as the rent is collected from the transient.

B. The operator shall deliver to the transient a receipt for payment which states the amount of the tax separately from the amount of the rent charged.

D. For purposes of this Section, if the operator uses a web- or application-based hosting platform , online travel company, or third-party booking vendor that facilitates rentals and payments for hotel rentals, the hosting platform, online travel company, or third party booking vendor shall be considered an agent of the operator for purposes of collecting and remitting the tax to the City.

3.12.050 Registration.

Within 30 days after commencing business, each operator of any hotel renting occupancy to transients shall register such hotel with the Director of Finance and obtain from the Director a "Transient Occupancy Registration Certificate" which certificate shall be at all times posted in a conspicuous place on the premises. Such certificate shall, among other things, state the following:

A. The name of the operator.

B. The address of the hotel.

C. The date upon which the certificate is issued.

D. "This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the Transient Occupancy Tax Ordinance by registering with the Tax Administrator for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the Director of Finance. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in any unlawful manner, nor to operate a hotel without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this City. This certificate does not constitute a permit."
20 June 17, 2024 Item 13
Created: 2024-04-03 15:46:17 [EST]
(Supp. No. 8)

Page 3 of 4 ends

3.12.060 Obligation of Operator.

A. If the operator receives any consideration for allowing the transient to occupy the hotel, the value of such consideration shall be first applied by the operator to satisfy the tax owed. It shall be unlawful for the operator to fail to hold the tax collected by the operator in trust for the benefit of the City. It shall be unlawful for the operator to fail to remit the collected tax to the City in accordance with the provisions of this Chapter.

B. On or before the last day of each month, the operator shall file a return with the Tax Administrator on a form approved by the City, setting forth for the previous month:

1. The total rents charged;

2. The total rents received;

3. The amount of tax funds held by the operator;

4. An explanation if the amount of Item 3 is less than ten percent of the amount of Item 1.

C. The tax funds collected for the previous month shall be remitted together with the return for that month.

D. The operator shall comply with shorter reporting and payment periods if imposed by the Tax Administrator in order to facilitate the collection of this tax.

E. If the operator ceases business, it shall be unlawful for the operator to fail to file immediately with the City the return and tax funds for the previous month and the return and tax funds for the period of the current month in which the operator ceased business.

3.12.070 Penalties and Interest.

A. Original Delinquency. Any operator who fails to remit any tax imposed by this Chapter within the time required shall pay a penalty of ten percent of the amount of tax, in addition to the amount of the tax.

B. Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before a period of 30 days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent of the amount of the tax in addition to the amount of the tax and the ten percent first imposed.

C. Fraud. If the Director of Finance determines that the nonpayment of any remittance due under this Chapter is due to fraud, a penalty of 25 percent of the amount of the tax shall be added thereto, in addition to the penalties stated in Subsections A. and B. of this Section.

D. Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this Chapter shall pay interest at the rate of one-half of one percent per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid.

E. Penalties Merged with Tax. Every penalty imposed and such interest as accrues under the provisions of this Section shall become a part of the tax herein required to be paid.

3.12.080 Records and Inspection.

It shall be the duty of every operator liable for the collection and payment to the City of any tax imposed by this Chapter to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and payment to the City, which records the Director of Finance shall have the right to inspect at all reasonable times. 21 June 17, 2024 Item 13
Created: 2024-04-03 15:46:17 [EST]
(Supp. No. 8)

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4877-9461-7539, v. 1

3.12.090 Refunds.

A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the City under this Chapter, it may be refunded as provided in Subsections B. and C. of this Section; provided, that a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, shall be filed as a claim against the City as set forth in Chapter 1.18 of this Code.

B. An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the Director of Finance that the person from whom the tax has been collected was not a transient; provided, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator.

C. A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the City by filing a claim in the manner provided in Subsection A of this Section, but only when the tax was paid by the transient directly to the tax administrator, or when the transient having paid the tax to the operator, establishes to the satisfaction of the Director of Finance that the transient has been unable to obtain a refund from the operator who collected the tax.

D. No refund shall be paid under the provisions of this Section unless the claimant establishes his right thereto by written records showing entitlement thereto.
22 June 17, 2024 Item 13
4872-3478-7012, v. 1
Transient Occupancy Tax Ballot Measure – FAQ
WHAT IS A TRANSIENT OCCUPANCY TAX OR “TOT”?
• A tax paid by transients who rent a hotel room or similar lodging facility in Del Mar, for a stay of 30 consecutive calendar days or less.
• TOT is not a tax on:
o Residents
o Property owners
o Long-term renters (more than 30 days)
o Hotel operators
o Short-term rental operators
WHO PAYS TOT?
• Visitors who stay in hotels, motels, inns, or similar lodging facilities in Del Mar.

WHAT IS THE TAX CURRENTLY AND WHAT IS PROPOSED IN THE BALLOT MEASURE? • The City’s current TOT rate is 13% and only applies to hotels and lodging facilities with 3+ units. • The Ballot Measure proposes expanding the definition of “hotel” to apply TOT to all lodging facilities in Del Mar, regardless of the number of units, including short-term rentals (less than 30 days).

IF THE BALLOT MEASURE IS APPROVED, WILL TOT APPLY TO RENTERS? • No. TOT will only apply to transients who occupy hotels and similar lodging facilities, including short-term rentals, for less than 30 days.

HOW DOES WHAT IS BEING PROPOSED COMPARE TO OUR NEIGHBORING CITIES? • All neighboring cities collect TOT from lodging facilities with less than 3 units and short-term rentals.

HOW MUCH ADDITIONAL FUNDING WOULD BE RAISED?
• Approximately $775,000 annually in General Fund revenue.

HOW WOULD THE ADDITIONAL FUNDING BE USED?
• TOT revenue may be used for any general municipal purpose, including police, fire, emergency medical services; street and infrastructure operation, repair and maintenance; improvement of City beaches, parks, trails, libraries and other amenities.

CAN THE TAX REVENUE BE TAKEN BY THE STATE OR FEDERAL GOVERNMENTS? • No. TOT generated in Del Mar stays here and can’t be taken by the State or Federal governments.

HOW DOES THE BALLOT MEASURE IMPACT SHORT-TERM RENTALS IN DEL MAR? • Currently, short-term rentals are not a permitted use under the Del Mar Municipal Code. The City is in the process of adopting provisions to regulate short-term rentals. By expanding the definition of “hotel” to include lodging facilities with less than 3 units and short-term rentals, these facilities would be subject to the same tax that guests of hotels with 3+ units are charged to ensure the City’s services and amenities used and impacted by tourism are paid for by all transients visiting Del Mar. 23 June 17, 2024 Item 13
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Sarah Krietor, Administrative Services Manager/City Clerk Via Ashley Jones, City Manager
DATE: June 17, 2024
SUBJECT: Consideration to Place a Measure on the November 5, 2024 General Municipal Election Ballot for Submission to the Qualified Voters of a Proposed Ordinance Amending Section 2.20.030 of the Del Mar Municipal Code Relating to City Council Compensation
REQUESTED ACTION/RECOMMENDATION:

It is recommended that the City Council: 1) Adopt a Resolution (Attachment A) calling for the placement of a measure on the November 5, 2024 General Municipal Election ballot for submission to the qualified voters of a proposed ordinance amending Del Mar Municipal Code (DMMC) Section 2.20.030 to increase City Council compensation from $300/month to $950/month, and allowing the City Council to make adjustments to Council compensation via ordinance in accordance with strict limits set by State law (Exhibit A to Attachment A); and 2) Appoint two Councilmembers to draft the argument and a rebuttal, if applicable, in favor of the measure for City Council approval on July 8, 2024.

BACKGROUND:

In 1988, the Del Mar electorate voted to approve Councilmember compensation of $300/month, with a provision that Council compensation “can be amended or repealed only by a vote of the electors” (Attachment B). Therefore, any adjustments to Councilmember compensation must be approved by the voters, as memorialized in DMMC Section 2.20.030 (Attachment C), and Council compensation remains $300/month unless and until that happens.

Regulations for establishing city council compensation are set forth in California Government Code Section 36516, which establishes maximum city council compensation based on population. Senate Bill 329 recently amended Section 36516 to increase the maximum council salary set by ordinance from $300 to $950 per month for small cities up to 35,000 in population, and to allow more flexibility for councils to adjust their compensation for inflation.

Councilmember compensation in Del Mar has been $300/month for the last 36 years. On May 20, 2024, the Council discussed a proposal to adjust City Council compensation submitted by Mayor Druker and Deputy Mayor Gaasterland. The discussion included a review of the applicable Government Code Section 36516, recent changes to State law 1 June 17, 2024 Item 14
City Council Agenda Report
City Councilmember Compensation Adjustment Ballot Measure June 17, 2024

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as described above, and regional Council compensation data. The Council directed staff to proceed with preparation of a ballot measure for voter consideration at the November 5, 2024 General Municipal Election, which is included as Attachment A. The Council Compensation Ballot Measure (Ballot Measure) text is included as Exhibit A to Attachment A, and the proposed DMMC changes are shown in redlined format in Attachment D.

DISCUSSION/ANALYSIS:

City Council direction to staff was for the Ballot Measure to adjust the base Council compensation to $950/month, add a $400/month contribution towards health insurance, and authorize the City Council to make changes moving forward to the Council compensation amount under DMMC Section 2.20.030 in accordance with strict limits set by State law.

City Council Compensation
Based on regional City Council compensation data (Attachment E) and pursuant to the applicable State code, the proposed Ballot Measure would seek to increase Council compensation from $300/month to $950/month. If approved, the increased compensation will align the City’s compensation with the population-based maximums provided in Government Code Section 36516 and with other cities in the region, as well as fairly compensate Councilmembers for their time spent in meetings and other Council-related activities and obligations.

Health Insurance Contribution
The City of Del Mar is the only City in San Diego that does not provide health benefits to Councilmembers. Regional Council compensation data (Attachment E) shows that all other cities in the County provide Councilmembers with health benefits at an average benefit amount of approximately $1,800/month. Based on this information, Council directed staff to include a $400/month stipend for Councilmembers to use towards health benefits in the Ballot Measure. California Government Code Section 36516 states, “[a]ny amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees.” The California Attorney General has further opined that cash-in-lieu of health contribution is not considered a health and welfare benefit under Section 36516. As such, staff recommends that the City Council exclude health benefits from the Ballot Measure. In the future, the Council could consider whether Councilmembers should receive health and welfare benefits, consistent with those available and paid by the City for its employees, outside of the ballot measure process as permitted by State code.

Procedural Code Amendments
Currently, State law allows cities to make changes to Councilmember compensation via adoption of an ordinance, within strict parameters outlined in the Government Code, or by a vote of the electors. The DMMC currently requires a vote of the electors to amend 2 June 17, 2024 Item 14
City Council Agenda Report
City Councilmember Compensation Adjustment Ballot Measure June 17, 2024

Page 3 of 4 ends

Council compensation. If approved, the proposed Ballot Measure (Exhibit A to Attachment A) would allow the City Council to make adjustments to Council compensation via ordinance in accordance with the strict limits set forth by Government Code Section 36516(a)(4), which would provide greater efficiency while saving the City money on future election costs.

In accordance with State law, the Ballot Measure does not include automatic future adjustments or establish indexing for future adjustments. Per Government Code Section 36516(a)(4), future adjustments made by ordinance would be limited to either: 1) an amount equal to 5% for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted; or 2) an amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10% for each calendar year. Further, no ordinance shall be enacted or amended to provide automatic future increases in salary.

Effective date
California Government Code Section 36516.5 establishes when a change in Council compensation may occur and clarifies that any Council salary increase may take effect only when at least one member of the Council commences a new term. New terms for the three seats up for election this November will begin in December of 2024. As such, the proposed Ballot Measure includes a January 1, 2025, effective date.

Ballot Measure Process
The proposed Resolution (Attachment A) includes the recommended Ballot Measure language (Exhibit A to Attachment A) and authorizes designated persons to submit arguments and rebuttals concerning the Ballot Measure. The Resolution further directs the City Clerk to transmit a copy of the Ballot Measure to the City Attorney and directs the City Attorney to prepare an impartial analysis of the effects of the Ballot Measure on the existing law, as well as on the operation of the Ballot Measure. Pursuant to Elections Code Section 9282, staff also recommends that the City Council appoint two Councilmembers to draft an argument in favor of the Ballot Measure for Council review and approval at the July 8, 2024, City Council meeting. It is recommended that the City Council also direct the designated Councilmembers to prepare a rebuttal, if applicable.

Adoption of the proposed Resolution by the City Council simply allows voters to decide this issue. The California Elections Code governs the process for measures placed on the ballot by a legislative body. An affirmative vote from at least three members of the City Council is required to adopt the Resolution ordering the placement of the Ballot Measure on the ballot for voter consideration. If approved, the City Clerk will transmit the Resolution to the County Registrar of Voters for election processing. For the measure to pass, a simple majority vote of the electorate voting at the election is required. 3 June 17, 2024 Item 14
City Council Agenda Report
City Councilmember Compensation Adjustment Ballot Measure June 17, 2024

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FISCAL IMPACT:

The fiscal impact of increasing Councilmember compensation from $300 to $950 per month is an additional cost of $39,000/annually to the City. The estimated cost to include the Ballot Measure on the November 5, 2024, ballot is $15,000. Funds to cover the election costs are included in the proposed FY 2024-25 Budget Update, which will be presented to the Council for consideration and adoption on June 17, 2024. The City will receive an invoice from the County Registrar of Voters for actual election costs after the November 5, 2024, election.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This is an operational item and not specifically related to the identified Council goals and Priorities.

ATTACHMENT:

Attachment A – Resolution Calling Election for a Council Compensation Ballot Measure Exhibit A to Attachment A – Ordinance Amending DMMC Section 2.20.030 Attachment B – City Resolution No. 88-49
Attachment C – Del Mar Municipal Code Chapter 2.20 (Clean) Attachment D – Del Mar Municipal Code Chapter 2.20 (Redlined) Attachment E – City Council Regional Compensation Data
4 June 17, 2024 Item 14
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, CALLING FOR THE PLACEMENT OF A
MEASURE ON THE NOVEMBER 5, 2024 GENERAL MUNICIPAL

ELECTION BALLOT FOR SUBMISSION TO THE QUALIFIED

VOTERS OF A PROPOSED ORDINANCE AMENDING SECTION

2.20.030 OF THE DEL MAR MUNICIPAL CODE TO INCREASE

COUNCIL COMPENSATION AND AMEND THE PROCEDURES

FOR FUTURE SALARY ADJUSTMENTS VIA ORDINANCE IN
ACCORDANCE WITH STATE LAW; REQUESTING THE

COUNTY OF SAN DIEGO CONSOLIDATE SAID ELECTION

WITH THE STATEWIDE GENERAL ELECTION OF NOVEMBER
5, 2024; SETTING RULES AND DEADLINES FOR ARGUMENTS
FOR AND AGAINST THE MEASURE; AND DIRECTING THE CITY

ATTORNEY TO PREPARE THE IMPARTIAL ANALYSIS
WHEREAS, California Government Code Section 36516 establishes procedures for setting the compensation of City Councilmembers; and WHEREAS, the compensation of the Del Mar City Council is memorialized in Del Mar Municipal Code (DMMC) Section 2.20.030 (City Council Compensation); and WHEREAS, the City Council compensation was last amended 36 years ago in 1988 by a vote of the Del Mar electorate, which set the Council compensation at $300/month, and included a provision that Council compensation can be amended or repealed only by a vote of the electors; and
WHEREAS, Senate Bill (SB 329) amended California Government Code Section 36516, effective January 1, 2024, to allow increases to the population-based maximum Council salary set by ordinance, from $300 to $950 per month for small cities of up to 35,000 in population, and to allow more flexibility for councils to adjust their compensation for inflation; and
WHEREAS, the City Council wishes to place a City Council Compensation Measure on the November 5, 2024 General Municipal Election ballot for voter consideration; and
WHEREAS, if approved, the ballot measure would increase City Council compensation to $950/month for each Councilmember to align with the salary permitted under State law and the salaries of other city councilmembers in the San Diego County region; and
WHEREAS, the City Council further desires the ballot measure to include language allowing the City Council to make adjustments to Council compensation in the future via ordinance, in accordance with strict limits set by California Government Code Section 36516, which will provide greater efficiency while saving the City money on future election costs; and
WHEREAS, on May 6, 2024, the City Council directed staff to prepare a Resolution calling for the placement of a proposed Ordinance amending DMMC Section 3.20.030 5 June 17, 2024 Item 14
Resolution No. 2024-XX

Page 2 of 6 ends

(City Council Compensation) on the ballot for the November 5, 2024 General Municipal Election seeking voter approval of the proposed City Council Compensation Ballot Measure; and
WHEREAS, a General Municipal Election to be held on Tuesday, November 5, 2024 has been called by Resolution 2024-18, and the City Council desires to submit to the voters of the City the measure described herein at that election; and WHEREAS, the City Council adopted Resolution 2024-19, consolidating the election of three (3) City of Del Mar Councilmembers with the County of San Diego Registrar of Voters, and the Council desires that the election for this ballot measure also be consolidated with the Statewide General Election to be held on the same date; that within the City, the precincts, polling places, voting centers and election officers of the two elections be the same; that the San Diego County Registrar of Voters canvass the returns of the General Municipal Election; and that the election be held in all respects as if there were only one election; and
WHEREAS, the City Council further desires to establish deadlines and rules for the submission of written arguments and rebuttals for and against the ballot measure in accordance with applicable California Elections Code procedures; and WHEREAS, under the authority of California Elections Code Section 9280, the City Council wishes to direct the City Attorney to prepare the impartial analysis for the ballot measure showing the effect of the ballot measure on the existing law and the operation of the measure.

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEL MAR AS FOLLOWS:

Section 1. Recitals. The above recitals are true and correct.

Section 2. The City Council hereby approves the form of the Ordinance set forth in Exhibit A to this Resolution and its submission to the voters of the City at the November 5, 2024 election.

Section 3. Ballot Measure. The City is directed to submit the City of Del Mar Council Compensation Measure to the voters on the ballot in the form of the following question:

Measure ___ City of Del Mar City Council Compensation
City Council Compensation Measure
Shall the Municipal Code be amended to comply with the City Council compensation formula under Government Code Section 36516 to: (i) ensure the salary of Councilmembers is set and strictly limited by State law, commencing at $950/month; and (ii) authorize the salary of Councilmembers to be adjusted within the limits of State law by ordinance considered publicly during at least two City Council meetings?
YES
NO
Section 4. Election Consolidation.

A. That pursuant to the requirements of Section 10403 of the Elections Code, the 6 June 17, 2024 Item 14
Resolution No. 2024-XX

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Board of Supervisors of the County of San Diego is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of the election of this Measure.

C. That the Board of Supervisors is requested to issue instructions to the County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election, including the procurement and furnishing of any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election, with the exception that the Administrative Services Manager/City Clerk of the City of Del Mar shall cause the publication of all notices that are indicated as the responsibility of the City Clerk in the Election Calendar for said election.

D. That the City of Del Mar recognizes that additional costs will be incurred by the County of San Diego by reason of this consolidation and agrees to reimburse the County for those costs.

Section 5. The City Council of the City of Del Mar orders the following particulars regarding completion of ballot arguments and an impartial analysis:

A. Arguments. Pursuant to California Elections Code Section 9280, et seq.:
a. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the Measure, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, which arguments may be changed until and including August 15, 2024, after which no arguments for or against the Measure may be submitted to the City Clerk. Arguments in favor of or against the Measure shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, 7 June 17, 2024 Item 14
Resolution No. 2024-XX

Page 4 of 6 ends

and the printed name and signature of at least one of its principal officers who is the author of the argument.
b. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.
c. If two or more parties representing the same type of body/association submit competing arguments in favor or arguments against the same measure, the City Clerk will make a subjective assessment of the arguments. The assessment may include consideration of grammar, spelling, coherence, tone and the comprehensiveness of the argument.

B. Impartial Analysis. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the voter information guide along with the Measure as provided by law. The Impartial Analysis shall be filed by August 16, 2024. The Impartial Analysis shall include a statement that the Measure was placed on the ballot by the City Council. In the event the entire text of the Measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the Ordinance or Measure, please call the City Clerk at (858) 375-9517 and a copy will be mailed at no cost to you.”
C. Rebuttals. Pursuant to Section 9285 of the Elections Code, when the City Clerk has selected the arguments for and against the Measure, which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the Measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than August 20, 2024. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

D. Timeline. Based on the time necessary to prepare and print the City Attorney impartial analysis, the arguments and rebuttals, and to permit the 10-calendar day public examination period, as provided in Division 9, Chapter 3, Article 6 of the Elections Code, commencing with Section 9295, for the November 5, 2024 election, the City of Del Mar adopts the following deadlines, consistent with the San Diego County Registrar of Voter requirements for ballot measures:
8 June 17, 2024 Item 14
Resolution No. 2024-XX

Page 5 of 6 ends

August 15, 2024 Arguments Due
August 16, 2024 Impartial Analysis Due
August 20, 2024 Rebuttals Due
August 21, 2024 – August 31,
2024 10-day Public Examination Period
Section 6. Public Notice. The City Clerk is hereby directed to publish a synopsis of the Measure in accordance with Elections Code Section 12111 at least one time not later than one week before the election in a newspaper of general circulation in the City.

Section 7. Placement on Ballot. The full text of the City of Del Mar Council Compensation Measure is attached hereto as “Exhibit A” and incorporated herein by reference.

Section 8. Delivery of Resolution to County. The City Clerk shall file a certified copy of this Resolution with the San Diego County Registrar of Voters, and is hereby authorized to execute, submit, file, sign, communicate, and otherwise do whatever is necessary to effectuate a City of Del Mar ballot measure. The City Clerk is further directed to take all administrative action necessary to accomplish the orders set forth in this Resolution.

The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

Section 11. If the voters approve the Measure, the Mayor (or in their absence, the Deputy Mayor) is hereby authorized to execute the Ordinance amending the City Council Compensation regulations under Chapter 2.20 of the Del Mar Municipal Code, attesting to its adoption by the people voting thereon on November 5, 2024.

Page 6 of 6 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 17th day of June 2024, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
10 June 17, 2024 Item 14
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY OF DEL MAR, CALIFORNIA,

AMENDING DEL MAR MUNICIPAL CODE (DMMC) SECTION

2.20.030 – CITY COUNCIL COMPENSATION
(NOTE: Additions are highlighted in bold italics and deletions are highlighted in strikeout) BE IT ORDAINED BY THE VOTERS OF THE CITY OF DEL MAR:

WHEREAS, California Government Code Section 36516 establishes procedures for setting the compensation of City Councilmembers; and WHEREAS, the compensation of the Del Mar City Council is memorialized in Del Mar Municipal Code (DMMC) Section 2.20.030 (City Council Compensation), and was last amended 36 years ago in 1988, by a vote of the Del Mar electorate, which set the Council compensation at $300/month, with a provision that Council compensation can be amended or repealed only by a vote of the electors; and WHEREAS, the City Council wishes to place a City Council Compensation Measure on the November 5, 2024 General Municipal Election ballot for voter consideration to increase City Council compensation to $950/month to align with State law and the salaries of City Councilmembers in the San Diego County region; and WHEREAS, the City Council further desires the Measure include language allowing the City Council to make modest inflation-based adjustments to Council compensation in the future via ordinance instead of requiring a vote of the electorate in accordance with California Government Code Section 36516, which will provide greater efficiency while saving the City money on future election costs; and WHEREAS, on May 6, 2024, City Council directed staff to prepare a Resolution calling for the placement of a proposed Ordinance amending DMMC Section 2.20.020 (City Council Compensation) on the ballot for the November 5, 2024 General Municipal Election.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar, California, does hereby ordain as follows:

SECTION ONE:

That the foregoing recitals are true and correct.

SECTION TWO:

That subject to the approval of the majority of the voters of the City of Del Mar at the November 5, 2024 General Municipal Election so designated by the City Council in a separate Resolution placing the proposal on the ballot for such election, Del Mar Municipal Code Section 2.20.030 (City Council Compensation) is hereby amended as follows:
11 June 17, 2024 Item 14
Ordinance No. XXXX

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2.20.030 Compensation.

A. Councilmembers shall receive a salary of $950 $300/month per month effective January 1, 2025. (Adopted by a vote of the people 4/12/1988.) B. Upon the submission of an itemized account, any Councilmember may be reimbursed for the actual and necessary expenses incurred in the performance of official duty.

C. Council compensation may be adjusted by Ordinance within the limits established by State law.

C. This section can be amended or repealed only by a vote of the electors.

SECTION THREE:

SECTION FOUR:

SECTION FIVE:

The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on November 5, 2024, by signing where indicated below.

Page 3 of 3 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 Ordinance No. XXXX, which has been published pursuant to law, and adopted by the vote of the People of the City of Del Mar on the 5th day of November, 2024. ______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
City of Del Mar
13 June 17, 2024 Item 14
14 June 17, 2024 Item 14
15 June 17, 2024 Item 14
16 June 17, 2024 Item 14
17 June 17, 2024 Item 14
18 June 17, 2024 Item 14
TITLE 2 - ADMINISTRATION
Chapter 2.20 CITY COUNCIL
Del Mar, California, Municipal Code Created: 2024-04-03 15:46:16 [EST] (Supp. No. 8)

Page 1 of 2 ends

Chapter 2.20 CITY COUNCIL

2.20.010 Election and Tenure.

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

2.20.020 Presiding Officer.

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

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

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

2.20.030 Compensation.

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

2.20.040 Regular Meetings.

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

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

2.20.050 Rules of Procedure.

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

These resolutions shall be compiled and maintained by the City Clerk and made available to the public and to the City Council during every meeting.
19 June 17, 2024 Item 14
Created: 2024-04-03 15:46:16 [EST]
(Supp. No. 8)

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2.20.060 Orderly Conduct.

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

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

C. The presiding officer may designate a member of the County Sheriff's Department as Sergeant at Arms who shall carry out the directions of the presiding officer, to include making arrests as directed by the presiding officer.
20 June 17, 2024 Item 14
TITLE 2 - ADMINISTRATION
Chapter 2.20 CITY COUNCIL
Del Mar, California, Municipal Code Created: 2024-04-03 15:46:16 [EST] (Supp. No. 8)

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4891-9846-0355, v. 1
Chapter 2.20 CITY COUNCIL

2.20.010 Election and Tenure.

2.20.020 Presiding Officer.

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

2.20.030 Compensation.

A. Councilmembers shall receive a salary of $950.00300.00 per month effective January 1, 2025. (Adopted by a vote of the people 4/12/1988.)
B. Upon the submission of an itemized account, any Councilmember may be reimbursed for the actual and necessary expenses incurred in the performance of official duty.

B.C. Council compensation may be adjusted by Ordinance within the limits established by State law.

C. This section can be amended or repealed only by a vote of the electors.

2.20.040 Regular Meetings.

B. The City Council may, by resolution, designate another date, time, and location for a regular meeting. (Ord. No. 951 , § 1, 8-5-2019)
21 June 17, 2024 Item 14
Created: 2024-04-03 15:46:16 [EST]
(Supp. No. 8)

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4891-9846-0355, v. 1

2.20.050 Rules of Procedure.

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

These resolutions shall be compiled and maintained by the City Clerk and made available to the public and to the City Council during every meeting.

2.20.060 Orderly Conduct.

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

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

C. The presiding officer may designate a member of the County Sheriff's Department as Sergeant at Arms who shall carry out the directions of the presiding officer, to include making arrests as directed by the presiding officer.
22 June 17, 2024 Item 14
City Mayor Monthly Salary Council Monthly Salary Mayor Auto Council Auto Tech/Cell Health Benefits Other Benefits Population* San Diego $19,873 $14,905 n/a n/a $47.04/mo or City provided Yes life insurance; SDCERS 1,381,162 San Marcos $978 $978 $300/mo $300/mo Yes, $1,999.81/mo CalPERS; life insurance; $2,100/year FSA 94,854 Chula Vista $13,116 $5,247 $1,000/mo $550/mo $60/mo Yes CalPERs, Life ins. 279,170 Vista $3,236 $3,118 n/a n/a Yes 97,766
Oceanside $3,058 $2,833 n/a n/a Yes CalPERS, Life ins. 172,199 Carlsbad $2,455 $2,355 $450/mo $350/mo Yes; shared cost CalPERs, Life ins. 114,160 El Cajon $3,167 $2,194 $550/mo $450/mo Yes; Cafeteria plan, $1,450/mo CalPERS 104,414 Escondido $5,895 $2,088 $750/mo $750/mo Yes; different plan options CalPERS, Life ins. 150,270 Santee $3,001 $1,781 $550/mo $450/mo $90/mo Yes CalPERS 59,051 Encinitas $1,820 $1,720 $350/mo $350/mo Up to $2,264/mo, cafeteria plan CalPERs, Life ins. 61,369 Poway $2,307 $1,648 $500/mo $360/mo $60/mo CC; $90/mo Mayor Yes CalPERS, EAP, $15K Life 48,078 National City $5,212 $1,547 $750/mo n/a Yes, cafeteria $1,200/mo Life ins., CalPERS 55,550 La Mesa** $2,000 $1,000 $400/mo $350/mo Yes; Cafeteria plan Life ins. 60,360 Coronado $914 $914 $225/mo*** $150/mo*** Yes; Cafeteria plan, $2,303/mo Life ins., option for CalPERs 18,702 Solana Beach $960 $860 $350/mo $350/mo Yes; Cafeteria $ 1,586.82/mo CalPERS, FSA (official paid) 12,802 Lemon Grove $1,405 $803 $175/mo $175/mo City provided ipad Yes (medical, dental, vision) $50k life, option for CalPERS, EAP, CP 457 27,224 Imperial Beach $1,441 $641 None None Yes; Cafeteria CalPERs, Life ins. 25,791 Del Mar $300 $300 $50/mo None No No 3,882
Median All Cities $2,380.83 $1,683.90
Median Nor. Coastal Cities $1,820.00 $1,720.00
Median (Under 35,000) $960.00 $803.00
**Salaries will change after the Nov 2024 election: Mayor: $3,800/month, Councilmember: $1,900/month ***Auto allowance is a general expense allowance
*All population data is based on US Census Dataset 'City and Town Population Totals 2022' 23 June 17, 2024 Item 14
City of Del Mar
Council Liaison Report
TO: Honorable Mayor and City Council Members
FROM: Dwight Worden, Councilmember
DATE: June 17, 2024
Del Mar Community Connections
Met 6. 7, 2024. Things going well
• $40k raised for the rental assistance program
• New Board members taking office: Ann Feeney, Ellie Haviland, and Glen Warren three going out were thanked
• Dwight updates on city budget, Rail NOP
• Volunteer party went well
• Katie Miletello incoming president; Phylis Mirsky Secretary; Judd Halenza Development; Bob Gans interim Treasurer
• Discussion of a pilot program to provide service to new areas • Discussion of surveys of those receiving services and their feedback • Annual Gala being revamped to be less formal
• Annual expense, runs about $300k of which about $100k is received from Del Mar Foundation and other grants, leaving $200k to raise every year. Current reserve is about $1.1 million, goal to build it to $5 million.
• Various committee reports received.
22nd DAA – Community Relations Committee
No meeting since last report
Clean Energy Alliance JPA (Alternate); Community Advisory Committee Met June 13, 2024
League of CA Cities – San Diego Chapter (Alternate)
Met June 10, 2024:
• Dwight reports on coastal bills and Coastal Cities Group doings • Additional bills of concern addressed
• Presentation by outgoing SANDAG Executive Director Colleen Clemenson League of CA Cities – Coastal Cities Group
Local Government working group met 6.11.24
• Reviewed draft new Sea Level Rise Guidance from California Coastal Commission 1 June 17, 2024 Items XIV A,B,E,F,H,L,N; XV.C
City Council Liaison Report
June 17, 2024

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• Prep for listening session on the “neighborhood “approach June 26, 2-4 pm METRO Commission/Wastewater JPA (Primary)
Met June 6, 2024:
• Update on the clean water program
• Budget adopted unanimously
o DM billing is $225 for 2025 on the flow basis, but this will change under the new Agreement
• Sanitation district meeting also held (same board). The Sanitation district was created in 1992 as a vehicle to take over ownership of the Metro system-never activated.

Regional Solid Waste Association (RSWA)(Primary)
Budget meeting June 12, 2024-budgte looks good
San Dieguito River Valley Regional Open Space Park (JPA) Executive Committee (Primary)
June 5 ribbon cutting for breaching the berm for W-19
SANDAG Shoreline Preservation Working Group (Primary)
June 6, 2024 meeting cancelled due to lack of quorum
2 June 17, 2024 Items XIV A,B,E,F,H,L,N; XV.C
City of Del Mar
Council Liaison Report
TO: Honorable Mayor and City Council Members
FROM: Tracy Martinez, Councilmember
DATE: June 17, 2024
Del Mar Village Association
Informational Report/Highlights:
-The Cottage is opening June 10th and the ribbon cutting is July 24th -Valley Farms is opening February 2025
-Yoga Barre is opening mid-June and the ribbon cutting is July 12th. -On June 3,4 and 5 Urban Corp will be power washing downtown. This continues to be funded by an anonymous donor.
-The new water stations have been ordered for a total of 6. They will be located at Seagrove Park, 25th, 17th, Dog Beach and the Tot Lot.
-June 7th is comedy night at Watkins Amphitheater.
-Summer Solstice Thursday June 20th
-Breeders Cup will be Nov 1&2.
1 June 17, 2024 Item XV.D

Del Mar City CouncilJune 17, 2024

Del Mar City Council
June 17, 2024