Table of Contents
9-9-2024 Regular Meeting Agenda
Item 1 - Minutes
Item 2 - List of Demands
Item 4 - St. Peters Parking Mgmt License Agreement
Item 5 - 2nd Reading Purchasing Code Update
Item 7 - Condo Map CDP FINAL
Item 8 - Introduction of STR Ordinance
Item 9 - LOSSAN SDLRR Joint Resolution
Item 10 -Options for Filling Upcoming City Council Vacancy 2 8
16 35
46 81
116
190
200
Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California
And via teleconference
128 Ritchie Ave., Silver Spring, MD 20910
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.
Regular Meeting
Monday, September 9, 2024 at 4:30 PM
Public Participation/Comment: Members of the public can participate in City Council meetings in-person or via written comment (Red Dot). Anyone may address the City Council for up to three minutes, at the Mayor’s discretion, on items on the agenda.
Members of the public wishing to speak on items not on the agenda may do so under Public Oral Communications. Agenda items may be addressed in any order at the discretion of the Mayor. When addressing the Council, please state your name for the record. Any electronic presentations must be received before 9 a.m. on the date of the Council meeting. No PowerPoint presentations can be loaded during the meeting.
In-Person Participation: Please submit a completed “Speaker Slip”, including the item number you wish to speak on, to the City Clerk prior to the Mayor announcing the agenda item. The forms are located near the door at the rear of the Meeting Room. When called to speak, please approach the podium and state your name for the record.
Written Comments: Members of the public can participate in the meeting by submitting a written red dot comment via email to [email protected]. The deadline to submit written comments is 12 p.m. on the day of the meeting and the subject line of your email should clearly state the agenda item you are commenting on.
Remote Participation: Due to technical issues, remote
participation will not be offered at this City Council meeting.
Viewing the Meeting and Access to Agenda Materials: Members of the public can watch the meeting live on the City’s website at: http://delmar.12milesout.com/Video/Live and on Cable TV Spectrum Ch. 24, AT&T Ch. 99 starting at 4:30 PM. Agenda materials and communications from the public on agenda items, “Red Dots”, are available on the City’s website:
http://www.delmar.ca.us/AgendaCenter and a hard copy of the agenda materials are available at Del Mar City Hall and the Del Mar Library during their business hours.
Assistance for Persons with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Administrative Services Department at 1050 Camino del Mar or by calling (858) 755-9313.
Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Dave Druker
Mayor
Terry Gaasterland
Deputy Mayor
Tracy Martinez
Council Member
Dan Quirk
Council Member
Dwight Worden
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting September 9, 2024
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Each person wishing to speak before the City Council on any matter not on the agenda shall submit a “Speaker Slip” to the City Clerk when Public Oral Communication is announced. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and may be asked clarifying questions. Information received during Public Oral Communication may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda.
Note: there is a time limit of 30 minutes for this section of public communications and each speaker will be heard in the order of the submission of their speaker slip. Speakers who have turned in a speaker slip prior to the time oral communications was called on the agenda, but were not heard during the initial time period shall be called to speak at the end of the agenda.
V. CITY COUNCIL COMMENTS
VI. COMMUNITY ANNOUNCEMENTS
VII. CITY MANAGER’S REPORT
VIII. PRESENTATIONS
IX. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council or the public so requests, in which event, the item will be pulled from the Consent Calendar and considered separately after the motion to approve the Consent Calendar. If you wish to remove an item from the Consent Calendar, please submit a “Speaker Slip” to the City Clerk.
1. Approval of Minutes: August 26, 2024 Regular and Special Meeting Recommended Action: Approve Minutes.
Reference: Clerk’s Minutes Book
2. Ratification of List of Demands, dated September 9, 2024 Recommended Action: Ratify the List of Demands.
Del Mar City Council Regular Meeting September 9, 2024
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 201-3
3. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.
Reference: Clerk’s File No. 401-4
4. License Agreement with Saint Peter’s Parish for Parking Meter Management, Enforcement and Revenue Sharing
Recommended Action: Staff recommends that the City Council: 1) Approve a Parking Management License Agreement with Saint Peter’s Parish (License Agreement) (Attachment A) to reestablish a formal parking meter management, enforcement, and revenue share arrangement with the City; and 2) Authorize the City Manager to execute the License Agreement.
Reference: Clerk’s File No. 406-1, 905-4
5. Second Reading and Adoption of an Ordinance Updating the City’s Purchasing Code
Recommended Action: Staff recommends that the City Council adopt an Ordinance (Attachment A) amending the Del Mar Municipal Code Title 7 to revise various procedures related to City purchasing.
Reference: Clerk’s File No. 201-9, 401-4, 401-9, 601-5
X. PUBLIC HEARING
6. Continued to September 23, 2024 City Council Meeting - Introduction of Ordinances to Repeal and Replace Del Mar Municipal Code Chapters 24.21 and 24.40 Relating to Inclusionary Housing and Condominium Conversion Regulations and Amend the Zoning Code and Local Coastal Program to Make Minor Corrections to the North Commercial and Professional Commercial Zones for Consistency with the Citywide Inclusionary Housing Regulations
Recommended Action: This item is continued to the September 23, 2024 City Council Meeting.
Reference: Clerk’s File No. 303-1, 401-4, 401-9
7. Resolution Approving Tentative Parcel Map TPMC23-001 and Coastal Development Permit CDP24-004
Applicant/Owner: Deal Del Mar LLC
Del Mar City Council Regular Meeting September 9, 2024
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Assessor Parcel Numbers (APN): 300-181-07-00
Location: 730-750 Stratford Court
Recommended Action: Staff recommends that the City Council adopt a Resolution (Attachment A) conditionally approving Tentative Parcel Map TPMC23-001 and Coastal Development Permit CDP24-004 to convert an existing detached residential duplex (two detached dwelling units) to condominium ownership.
Reference: Clerk’s File No. 301-2
8. Introduction of Ordinance to Establish Short Term Rental Regulations Recommended Action: Staff recommends that the City Council take the following actions: 1) Confirm the environmental determination that the proposed ShortTerm Rental (STR) Regulations Ordinance (Ordinance) is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule) because CEQA only applies to projects with the potential for causing a significant effect on the environment; and 2) Introduce an Ordinance (Attachment A) amending the Title 30 Zoning Code in the Del Mar Municipal Code (DMMC) and the certified Local Coastal Program (ZA 24- 004/LCPA 24-003) to establish regulations for STRs under a new DMMC Chapter
30.96. Reference: Clerk’s File No. 301-19, 401-4, 401-9 XI. COUNCIL MEETING RECESS
XII. CITY COUNCIL OTHER BUSINESS
9. Joint Resolution Regarding the LOSSAN Rail Realignment Project Recommended Action: Mayor Dave Druker and Councilmember Tracy Martinez recommend that the City Council adopt a joint resolution (Attachment A) from the cities of Del Mar, Solana Beach, and San Diego and the 22nd District Agricultural Association (22nd DAA) regarding the San Diego Association of Government’s (SANDAG) LOSSAN Rail Realignment Project.
Reference: Clerk’s File No. 1005-2
10. Options for Filling Upcoming City Councilmember Vacancy Recommended Action: Staff recommends the City Council consider whether to fill the upcoming Councilmember vacancy created by Councilmember Dwight Worden’s resignation, effective September 24, 2024, by appointment or by special election, and provide direction to staff regarding the desired process.
Reference: Clerk’s File No. 401-1
Del Mar City Council Regular Meeting September 9, 2024
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XIII. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.
A. 22nd District Agricultural Association Community Relations Committee (Martinez/Worden)
B. Clean Energy Alliance JPA (CEA) Board of Directors (Druker/Worden) C. CSA-17 Ambulance District Advisory Board (Martinez/Quirk) D. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Martinez/Druker) E. League of California Cities – San Diego Chapter (Martinez/Worden) F. League of California Cities – Coastal Cities Group (Worden) G. North County Transit District (NCTD) (Martinez/Druker) H. Regional Solid Waste Association (Worden/Quirk)
I. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Druker)
J. SANDAG Borders Committee (Gaasterland)
K. SANDAG Regional Planning Committee (Martinez)
L. SANDAG Shoreline Preservation Working Group
(Worden/Gaasterland/Martinez)
M. SANDAG LOSSAN Executive Task Force (Druker/Gaasterland) N. San Diego Metropolitan Wastewater Commission/JPA (Worden/Quirk/Druker) O. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Worden/Quirk)
P. Other Regional Organization Reports
XIV. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.
A. Arts Advisory Committee (Druker)
B. Clean Water Rate Project
C. Del Mar Community Connections (Martinez/Worden)
D. Del Mar Village Association (Gaasterland/Martinez)
E. Finance Committee (Druker/Worden)
F. Housing Subcommittee (Gaasterland/Martinez)
G. Human Resources Subcommittee (Druker/Worden)
H. Legislative Subcommittee (Gaasterland/Martinez)
I. Measure Q Citizen Oversight Committee (Gaasterland/Quirk) J. Parks and Recreation Committee (Martinez/Gaasterland) K. Del Mar Railroad Committee (Druker/Gaasterland)
L. Lagoon Committee (Quirk/Worden)
M. Sea-Level Rise Adaptation Plan Implementation Subcommittee (Gaasterland/Martinez)
N. Shores Advisory Committee
O. Sustainability Advisory Committee (Martinez/Worden)
P. Traffic and Parking Advisory Committee (Quirk/Worden) Q. Undergrounding Project Advisory Committee (Druker/Gaasterland) Del Mar City Council Regular Meeting September 9, 2024
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us R. Other Committee-Subcommittee Reports
XV. UPCOMING AGENDA ITEMS
The following topics/items are tentatively planned for upcoming agendas. The title, wording, and planned date for these items are subject to change. Final agendas are posted at City Hall 72 hours in advance of the meetings and are also posted on our web site with the accompanying staff report. Please watch our web site:
www.delmar.ca.us for City Council Agendas.
September 23, 2024
Resolution of Appreciation/Outgoing Councilmember Activities – Councilmember Worden Contract with Redflex for Traffic Signal Enforcement Cameras Acceptance of 2023 State Homeland Security Program Grant Funds Second Reading/Adoption of Short-Term Rental Regulations Ordinance Amendments to Agreements for As-Needed Environmental Consulting Services Agreement for Investment Advisory Services
Amendments to Reclaimed Water Agreements with San Elijo JPA and 22nd District Agricultural Association (Tentative)
Approval to Submit Holleman Grant Application & Acceptance of Donation for Fire Station Equipment
Finance Committee Appointment
Introduction of Inclusionary Housing/Condo Conversion Ordinances Second Reading/Adoption of Ordinance for Establishing Multi-Unit and Mixed-Use Objective Design Standards for “By-Right” Housing Development Projects
XVI. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 4th day of September, 2024, at approximately 5:50 p.m.
___________________________________________ 9/4/2024
Sarah Krietor, Administrative Services Manager/ Date
City Clerk
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
CLOSED SESSION
AUGUST 26, 2024
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
CALL TO ORDER
Mayor Druker called the meeting to order at 3:15 P.M.
ROLL CALL
Present: Mayor Dave Druker; Deputy Mayor Terry Gaasterland; Councilmembers Tracy Martinez and Dwight Worden
Absent: Councilmember Dan Quirk
CLOSED SESSION
A) Conference with Legal Counsel - Initiation of Litigation Number of Cases: One
Description: Request for City Participation in Amicus Curiae Brief in Casa Mira Homeowners Association v. California Coastal Commission Authority: Government Code Section 54956.9(d)(4)
Reportable Action: City Council voted 4-0-1 with Councilmember Quirk absent to join the Amicus Curiae Brief.
B) Conference with Legal Counsel- Existing Litigation
Lazier v. City of Del Mar
San Diego Superior Court Case No. 37-2024-00009804-CU-WM-CTL Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None.
C) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: One
Description: Short Term Rental Regulations
Authority: Government Code Section 54956.9(d)(2)
Reportable Action: None. Deputy Mayor Terry Gaasterland recused.
ADJOURNMENT
Mayor Druker adjourned the meeting at 4:17 P.M.
_______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
1 September 9, 2024 Item 01
CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 26, 2024
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.
CALL TO ORDER
Mayor Druker called the Regular Meeting to order at 4:30 p.m.
ROLL CALL
Present: Mayor Dave Druker; Deputy Mayor Terry Gaasterland; Councilmembers Tracy Martinez, Dan Quirk, and Dwight Worden
CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported on the August 26, 2024, City Council Closed Session meeting.
She reported that Councilmember Quirk was absent for closed session and Deputy Mayor Gaasterland was recused from Item C. For item A, she reported that the City Council voted 4-0-1 (with Councilmember Quirk absent) to join the Amicus Curiae Brief at no cost to the City. There were no reportable actions for Items B and C.
PLEDGE OF ALLEGIANCE
Councilmember Quirk led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Druker opened public oral communications and Shirli Weiss spoke with two donations of time from Karen Lare and John Spelich regarding the San Diego Association of Governments (SANDAG) LOSSAN Rail Realignment Project. Mayor Druker closed public oral communications.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Worden announced his resignation from City Council effective September 24, 2024, and read a related statement into the record. Mayor Druker, Deputy Mayor Gaasterland, and Councilmember Martinez expressed their appreciation to Councilmember Worden for his service on the City Council and his contributions to the Del Mar community. Deputy Mayor Gaasterland announced that she will be leaving the meeting at 7:30 p.m. due to a death in the family.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the next steps related to the LOSSAN Rail Realignment Project including the Values Analysis process that is underway and will be completed later this fall; EDCO and Fire Department’s efforts to eliminate green waste and brush in the City; and Del Mar Recycles event hosted by EDCO on Saturday, September 14, 2024, from 9:00 a.m. – 12:00 p.m. Administrative Services Manager/City Clerk Krietor provided an update on the 2024 General Municipal Election. 2 September 9, 2024 Item 01
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PRESENTATIONS
ITEM 1: CITY OF SAN DIEGO PURE WATER PROJECT UPDATE (CLERK’S FILE NO. 906-11, 1504-5)
Mayor Druker introduced the item. A presentation was provided by City of San Diego Public Utilities Department Assistant Director Amy Dorman.
City Council questions focused on reclaimed water percentage goal; cost of the project phases; whether the City of San Diego analyzed pure water versus desalinated water and whether their analysis takes into account decreased water over the last few years.
There were no public speakers for this item.
Council discussion focused on appreciation to the presenter; history regarding the City’s water distribution system; need for the region to be independent and less reliant on outside water sources; importance of public information regarding the project; reservoirs; and capture of storm water runoff.
CITY COUNCIL MEETING RECESS
City Council took a brief recess from 5:25 p.m. to 5:30 p.m. due to HVAC issues.
CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER WORDEN TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 9, 12, 13, 14, 15 and 16 WITH AMENDMENT TO RESOLUTION 2024-40 FOR ITEM 13. (VOTE 5-0 WITH COUNCILMEMBER WORDEN RECUSED FROM ITEM 9; COUNCILMEMBERS MARTINEZ AND QUIRK RECUSED FROM ACTION #1 FOR ITEM 15; AND COUNCILMEMBER QUIRK RECUSED FROM ACTION #2 FOR ITEM 15)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: Councilmember Worden on item 9; Councilmembers Martinez and Quirk on Action #1 for Item 15; and Councilmember Quirk recused on Action #2 for item 15; Absent: 0; Abstain: 0.
ITEM 2: APPROVAL OF MINUTES: JULY 8, 2024 REGULAR AND SPECIAL MEETING, JULY 16, 2024 SPECIAL MEETINGS (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED AUGUST 26, 2024 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.
ITEM 4: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
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ITEM 5: APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH SANDAG TO RENEW
THE REGIONAL SHORELINE MONITORING AGREEMENT FOR FISCAL YEARS 2025-2027 (CLERK’S FILE NO. 406-1, 1404-1, 1506-1)
Council approved a Memorandum of Understanding (MOU) with the San Diego Association of Governments (SANDAG) for Fiscal Years 2025-2027 to renew the longstanding regional shoreline monitoring program; and authorized the City Manager to execute the Memorandum of Understanding (MOU) and related documents, on consent.
ITEM 6: TASK ORDER APPROVAL FOR MICHAEL BAKER INTERNATIONAL TO PERFORM
ENGINEERING DESIGN, LANDSCAPE ARCHITECTURE, BID PACKAGE
PREPARATION, AND ENVIRONMENTAL PERMITTING FOR THE JIMMY DURANTE BOULEVARD BLUFF PROJECT (CLERK’S FILE NO. 406-1)
Council approved a $184,200 Task Order with Michael Baker International (MBI) to perform engineering design, landscape architecture, bid package preparation, and environmental permitting; and amended the Fiscal Year (FY) 2024-2025 Operating and Capital Budget as described in the Fiscal Impact section of this report, on consent.
ITEM 7: AUTHORIZATION TO APPLY FOR LAND AND WATER CONSERVATION GRANT FOR THE RIVERPATH DEL MAR EXTENSION PROJECT PHASE 3 (CLERK’S FILE NO. 201-13, 406-1)
Council adopted Resolution 2024-37, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA AUTHORIZING THE APPLICATION FOR THE LAND
AND WATER CONSERVATION FUND RIVERPATH DEL MAR EXTENSION PROJECT PHASE 3 PROJECT” and authorized the City Manager to execute the necessary grant documents and agreements, on consent.
ITEM 8: UTILITY/LANDSCAPE SPECIALIST POSITION COMPENSATION ADJUSTMENT (CLERK’S FILE NO. 502-1)
Council adopted Resolution 2024-38, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AMENDING THE GENERAL EMPLOYEES COMPENSATION PLAN FOR FISCAL YEAR 2024-2025 TO CHANGE THE COMPENSATION FOR THE UTILITY/LANDSCAPE SPECIALIST POSITION”, on consent.
ITEM 9: ACCEPTANCE OF DEDICATIONS TO THE CITY OF DEL MAR FOR REAL PROPERTY AT 1904 BALBOA AVENUE FOR ROADWAY PURPOSES AND UTILITY ACCESS
EASEMENTS
APPLICANT/OWNER: TANYA XAVIER
PROPERTY ADDRESS: 1904 BALBOA AVENUE
APN: 299-174-04-00 (CLERK’S FILE NO. 901-12, 1306-1)
Council adopted Resolution 2024-39, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, ACCEPTING OF AN IN-FEE TITLE DEDICATION,
FOR PUBLIC ROAD PURPOSES, THAT PORTION OF PROPERTY LOCATED WITHIN 1904 BALBOA AVENUE THAT IS CURRENTLY PAVED AND IS COMMONLY USED 4 September 9, 2024 Item 01
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FOR PUBLIC VEHICULAR TRAVEL AND FOR ACCEPTANCE OF PUBLIC WATER AND STORMWATER EASEMENTS ON 1904 BALBOA AVENUE (APN 299-174-04-00) FOR
THE USE, OPERATON AND MAINTENANCE OF PUBLIC UTILITIES TO THE CITY OF DEL MAR “, on consent.
COMMISSION AND COMMITTEE INTERVIEWS
ITEM 10: PLANNING COMMISSION INTERVIEWS AND APPOINTMENTS (CLERK’S FILE NO. 401-5)
A presentation was provided by Administrative Services Manager Krietor. The City Council interviewed the candidates.
There were no public speakers for the item.
City Council voted to appointed Mark Rittenbaum and Patrick Leonard to serve as voting members on the Planning Commission for full four-year terms effective October 1, 2024, and expiring on October 31, 2028.
PUBLIC HEARING
ITEM 11: INTRODUCTION OF AN ORDINANCE (A24-003) TO AMEND THE DEL MAR MUNICIPAL CODE AND IMPLEMENT 6TH CYCLE HOUSING ELEMENT PROGRAM 6G BY ESTABLISHING MULTI-UNIT AND MIXED-USE OBJECTIVE DESIGN STANDARDS FOR “BY-RIGHT” HOUSING DEVELOPMENT PROJECTS (CLERK’S FILE NO. 304-7, 401-4, 401-9)
An introduction to the item was provided by Mayor Druker. A presentation was provided by Principal Planner Matt Bator and City consultant Matt Gelbman Senior Urban Planner with Ascent. Deputy Mayor Terry Gaasterland was recused from the item due to living within the subject zoning affected area.
Council questions and discussion focused on whether the variance provision of the Del Mar Municipal Code would apply to the objective design standards; California Coastal Commission (CCC) appeal process related to this item; maximum grading; fireplaces and chiming stacks; air conditioning units on roof tops and noise considerations; maximum height measurements; whether the City’s approach is consistent with other coastal agencies; and desire for staff to include a redline version of the changes when the ordinance returns to City Council for adoption.
There were no public speakers for the item.
IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER MARTINEZ TO INTRODUCE AN ORDINANCE TO AMEND DEL MAR MUNICIPAL CODE (DMMC) TITLE 23 AND ESTABLISH A NEW CHAPTER 23.06 TO APPROVE AND IMPLEMENT MULTI-UNIT AND MIXEDUSE OBJECTIVE DESIGN STANDARDS FOR “BY-RIGHT” HOUSING DEVELOPMENT PROJECTS, WITH THE IDENTIFIED AMENDEMNTS. (VOTE 4-0-1 WITH DEPUTY MAYOR GAASTERLAND
RECUSED)
Ayes: Mayor Druker, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: Deputy Mayor Gaasterland; Absent: 0; Abstain: 0.
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ITEM 12: INTRODUCTION OF AN ORDINANCE TO UPDATE THE CITY’S PURCHASING CODE (CLERK’S FILE NO. 201-9, 401-4, 401-9, 601-5)
Mayor Druker opened the public hearing and there were no public speakers. The item was moved to the Consent Calendar, whereby Council approved introduction of an Ordinance amending the Del Mar Municipal Code Title 7 related to City purchasing.
ITEM 13: APPROVAL OF A REVISION TO CONDITIONS OF APPROVAL ON PREVIOUSLY APPROVED TENTATIVE TRACT MAP (TTM) TTM18-004 (RM23-001) AND APPROVAL OF COASTAL DEVELOPMENT PERMIT (CDP) CDP24-008 AND CONDITIONAL USE PERMIT (CUP) CUP24-001 FOR THE CONSTRUCTION OF
ROADWAY, UTILITY, AND SAFETY IMPROVEMENTS LOCATED IN A STEEP SLOPE
SETBACK WITHIN THE BLUFF, SLOPE, AND CANYON OVERLAY AND LAGOON OVERLAY ZONES.
APPLICANT/OWNER: LA ATALAYA, LLC
ASSESSOR PARCEL NUMBERS (APNS): 299-200-65-00, 299-261-43-00, 299-261-42- 00, 299-261-14-00, 299-192-24-00, 299-200-64-00, 299-200-62-00, AND 299-200-63-00 LOCATION: SOUTH OF SAN DIEGUITO ROAD, NORTH OF ZAPO STREET, EAST OF GATUN ROAD, AND WEST OF SERPENTINE DRIVE. THE PROJECT IS IN THE CALIFORNIA COASTAL COMMISSION’S APPEAL JURISDICTION. (CLERK’S FILE NO. 301-1, 301-4, 301-18)
Mayor Druker opened the public hearing and there were no public speakers for the item. Mayor Druker closed the public hearing. The item was moved to the Consent Calendar, whereby Council approved Resolution 2024-40, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, APPROVING A REVISION TO COUNCIL RESOLUTION 2021-05 (RM23-001) AND APPROVING A COASTAL DEVELOPMENT PERMIT (CDP24-008) AND A CONDITIONAL USE PERMIT (CUP24-001) FOR THE CONSTRUCTION OF REQUIRED ROADWAY, UTILITY, AND
SAFETY IMPROVEMENTS WITHIN THE BLUFF, SLOPE, AND CANYON, OPEN SPACE, AND LAGOON OVERLAY ZONES (APNS: 299-192-24-00, 299-261-14-00, 299-261-42-00, 299-261-43-00, 299-200-62-00, 299-200-63-00, 299-200-64-00, 299-200-65-00)”, with amendments.
ITEM 14: ENCROACHMENT PERMIT EP24-075 – REQUEST TO RETAIN THE EXISTING
ENCROACHMENT OF A DETACHED RESIDENTIAL STRUCTURE INTO A CITY ALLEY AT 1329 STRATFORD COURT
APPLICANT: ALEXANDER HERTZBERG (CLERK’S FILE NO. 802-1) Mayor Druker opened the public hearing and there were no public speakers for the item. Mayor Druker closed the public hearing. The item was moved to the Consent Calendar, whereby Council approved Resolution 2024-41, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, APPROVING ENCROACHMENT PERMIT EP24-075 TO RETAIN A PORTION OF AN EXISTING DETACHED ACCESSORY STRUCTURE THAT EXTENDS INTO THE PUBLIC RIGHT-OFWAY (DEL MAR LANE ALLEY) AT 1329 STRATFORD COURT; (APN: 300-012-10) IN DEL MAR, CALIFORNIA”.
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ITEM 15: RESOLUTIONS DESIGNATING UNDERGROUNDING UTILITY DISTRICTS 2 (BEACH COLONY) AND 25TH STREET (CLERK’S FILE NO. 1001-2)
Mayor Druker opened the public hearing and Shirli Weiss spoke in support of the item. Greg Rizzi and Cynthia Bolker submitted speaker slips in support of the item but did not wish to speak. Council requested that staff follow up on a red dot related to street lighting in the area. Mayor Druker closed the public hearing. The item was moved to the Consent Calendar, whereby Council approved Resolution 2024-42, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ESTABLISHING
AN UNDERGROUND UTILITY DISTRICT IN THE CITY OF DEL MAR, ON COAST BOULEVARD AND CAMINO DEL MAR (WEST OF THE RAILROAD TO THE COAST AND FROM 18TH STREET TO SAN DIEGUITO RIVER)” and Resolution 2024-43, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DEL MAR, CALIFORNIA, ESTABLISHING AN UNDERGROUND UTILITY DISTRICT IN THE CITY OF DEL MAR, ON 25TH STREET FROM CAMINO DEL MAR TO OCEAN FRONT” ITEM 16: APPROVAL OF COASTAL DEVELOPMENT PERMIT 24-026 FOR PAVING, SURFACE
DRAINAGE IMPROVEMENTS, AND SUBSURFACE DRAINAGE IMPROVEMENTS IN HOSKA ALLEY (CLERK’S FILE NO. 301-18)
Mayor Druker opened the public hearing and Scott Garrett spoke. Mayor Druker closed the public hearing. Mayor Druker closed the public hearing. Council comments focused on the public comments related to the walking area and red dot related to pipes located in the project area. The item was moved to the Consent Calendar, whereby Council approved Resolution 2024-44, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, CONDITIONALLY APPROVING COASTAL DEVELOPMENT PERMIT CDP24-026, TO INSTALL NEW PAVING AND SURFACE DRAINAGE
IMPROVEMENTS AND NEW SUBSURFACE DRAINAGE IMPROVEMENTS IN THE CITY ALLEY THAT IS LOCATED BETWEEN 8TH AND 9TH STREETS AND ACCESSED FROM HOSKA DRIVE”.
CITY COUNCIL OTHER BUSINESS
ITEM 17: CONSIDERATION OF AN EXEMPTION FOR MONTHLY RENTALS FROM COMPLIANCE WITH THE CITY’S PROPOSED SHORT-TERM RENTAL
REGULATIONS AND TRANSIENT OCCUPANCY TAX REGULATIONS; AND AMENDMENTS TO THE DEFINITIONS OF “SHORT-TERM RENTAL” AND “LONGTERM RENTAL” UNDER THE PROPOSED SHORT-TERM RENTAL ORDINANCE (CLERK’S FILE NO. 301-19)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Assistant City Attorney Wendy House.
Mayor Druker opened the item to public comment and the following people spoke:
1) Shirli Weiss
2) Karen Lare
3) Laura DeMarco
Mayor Druker closed the item to public comment.
Council discussion focused on relationship between Short-Term Rental (STRs) definition and other definitions in the Del Mar Municipal Code and state regulations; rational for staff’s recommendation to define STRs as 30 days or less and providing an exemption for monthly rentals; enforcement considerations; desire to exempt monthly rentals from STR regulations including Transient Occupancy Tax (TOT) collection; support for staff’s recommendation; and regulations used by other agencies. 7 September 9, 2024 Item 01
City Council Regular Minutes
August 26, 2024
Council consensus was to provide an exemption for monthly short-term rentals in the Short-term Rental Ordinance which will be presented to City Council for initial consideration on September 9, 2024.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council provided written reports as part of the published agenda packet for the meeting and no oral reports were provided.
ADJOURNMENT
Mayor Druker adjourned the meeting at 7:58 p.m.
Sarah Krietor, Administrative Services Manager/
City Clerk
8 September 9, 2024 Item 01
1 September 9, 2024 Item 02
08/22/2024
Check List
City of Del Mar
1 12:56:17PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6165 8/23/2024 ace02 ACE UNIFORMS LLC VS0119207 8/7/2024 UNIFORMS FIRE 676.53 Voucher: 6165 VS0119275 8/9/2024 UNIFORMS FIRE 205.66 882.19 6166 8/23/2024 als02 ALS GROUP USA CORP 522404107 8/8/2024 WATER SAMPLING AUG 760.00 Voucher: 6166 522404183 8/12/2024 WATER SAMPLING AUG 701.00 522404173 8/12/2024 WATER SAMPLING AUG 220.00 1,681.00
6167 8/23/2024 avi03 AVI SYSTEMS INC 88983896 7/31/2024 WIRELESS DISCUSSION SYS 13,017.47 13,017.47 Voucher: 6167
6168 8/23/2024 bak09 BAKER ELECTRIC 4375 7/9/2024 ANNUAL SOLAR MAINT 3,077.20 3,077.20 Voucher: 6168
6169 8/23/2024 cal81 CALLTOWER INC 202046239 7/25/2024 TELEPHONE AUG 2,914.58 2,914.58 Voucher: 6169
6170 8/23/2024 cdw01 CDW GOVERNMENT SK11149 7/18/2024 CROWDSTRIKE ENDPT LIC RWL 3,771.27 3,771.27 Voucher: 6170
6171 8/23/2024 sun07 CENTRALSQUARE TECH LLC417672 8/7/2024 TRAKIT UPDATES 1,950.00 1,950.00 Voucher: 6171
6172 8/23/2024 del02 DEL MAR BLUE PRINT CO, INC606101 8/15/2024 CUSTOM STICKERS CS 16.26 16.26 Voucher: 6172
6173 8/23/2024 dev02 DEVANEY PATE MORRIS & CAMERON 9581 8/8/2024 LEGAL FEES JUL 854.00 854.00 Voucher: 6173
6174 8/23/2024 dix01 DIXIELINE LUMBER CO 06-0565098 8/13/2024 MAINT/REPAIR SUPPLIES PW 91.59 Voucher: 6174 06-0564890 8/12/2024 OPERATING SUPPLIES PW 61.94 06-0565299 8/14/2024 TOOLS PW 61.92
06-0565149 8/13/2024 OPERATING SUPPLIES PW 45.08
06-0564938 8/12/2024 OPERATING SUPPLIES PW 19.15
06-0564998 8/13/2024 OPERATING SUPPLIES PW 10.76
06-0565886 8/19/2024 OPERATING SUPPLIES CS 4.67 295.11
6175 8/23/2024 man12 MANERI TRAFFIC CONTROL INC, DBA MTC 22171 8/14/2024 BIKE LANE SIGNS PW 870.00 Voucher: 6175 22172 8/14/2024 CUSTOM TRAFFIC SIGNS 326.25 1,196.25 6176 8/23/2024 mes03 MES - CALIFORNIA IN2070903 6/18/2024 EMERGENCY SRVCS SUPP FIRE 2,415.20 2,415.20 Voucher: 6176
6177 8/23/2024 mic11 MICHAEL BAKER INTERNATIONAL 1219460 7/24/2024 CITY ENGINEER JUN 30,225.53 30,225.53 Voucher: 6177
Page: 1
2 September 9, 2024 Item 02
08/22/2024
Check List
City of Del Mar
2 12:56:17PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6178 8/23/2024 pru01 PRUDENTIAL OVERALL SUPPLY132268283 8/9/2024 MATS PW 8/9 15.47 Voucher: 6178 132268284 8/9/2024 SHOP TOWELS PW 8/9 4.93 131017565 8/15/2024 UNIFORMS REFUND PW 8/15 -10.88 9.52 6179 8/23/2024 san03 SAN DIEGO COUNTY WATER AUTH. 0724-2 8/9/2024 RAW WATER JUL 205,024.20 205,024.20 Voucher: 6179
6180 8/23/2024 sca12 SCA OF CA LLC 158519PS 7/31/2024 SWEEPING SRVCS JUL 2,868.10 2,868.10 Voucher: 6180
6181 8/23/2024 uti01 UTILITY SPECIALISTS INC 27143 7/31/2024 UP - X1A CREST CNYN JUN 13,453.00 Voucher: 6181 27144 7/31/2024 UP - 1B STRATFORD JUN 8,604.00 27145 7/31/2024 UP - SOUTH HILL JUN 5,516.25 27,573.25
6182 8/23/2024 wex01 WEX BANK 0496-00-496745-1 7/23/2024 GAS & OIL CS JUL 1,560.37 1,560.37 Voucher: 6182
Sub total for EFT GENERAL ACCOUNT US BANK: 299,331.50
Page: 2
3 September 9, 2024 Item 02
08/22/2024
Check List
City of Del Mar
3 12:56:17PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 138613 8/23/2024 32001 320 SERPENTINE LLC Ref000176719 8/15/2024 UB Refund Cst #00008325 489.75 489.75 Voucher: 138613
138614 8/23/2024 adt02 ADT SECURITY SERVICES 1082627048 8/13/2024 ALARM 1700 COAST SEP/NOV 257.94 Voucher: 138614 1082630196 8/13/2024 ALARM PW SEP 123.09 381.03 138615 8/23/2024 bad01 BADGER METER INC 1676677 8/13/2024 MAINT/REPAIR SUPP PW 1,107.24 1,107.24 Voucher: 138615
138616 8/23/2024 bou02 BOUND TREE MEDICAL LLC 85452544 8/14/2024 EMERGENCY SUPPLIES CS 411.85 Voucher: 138616 85452545 8/14/2024 EMERGENCY SUPPLIES CS 14.03 425.88 138617 8/23/2024 car32 CARSON, ROBERT 08052024 8/5/2024 PERMIT REFUND 560.00 560.00 Voucher: 138617
138618 8/23/2024 coa21 COAST NEWS GROUP 00153718 8/2/2024 AD - PLANNING COMM AGENDA 345.00 Voucher: 138618 00153717 8/2/2024 AD - NOTICE OF INTENT 277.50 622.50 138619 8/23/2024 int09 GREGORY CONLEY, DBA INTELLIDESIGN LLC 441 8/8/2024 SCADA MAINT MAY/JUL 936.25 936.25 Voucher: 138619
138620 8/23/2024 har20 HARKEY, SHAY 08122024 8/12/2024 REFUND PHCC EVENT 800.00 800.00 Voucher: 138620
138621 8/23/2024 hil01 HF&H CONSULTANTS LLC 9721225 6/11/2024 WTR-WSTEWATR RATE STDY MAY 1,470.00 1,470.00 Voucher: 138621
138622 8/23/2024 hin06 HINDERLITER DE LLAMAS AND, ASSOC SIN041981 8/16/2024 SALES TAX SRVCS JUL/SEP 310.50 310.50 Voucher: 138622
138623 8/23/2024 lip06 LIPMAN WESTBURG INC 08192024 8/19/2024 REFUND PHCC EVENT 800.00 800.00 Voucher: 138623
138624 8/23/2024 mar11 MARSHALLS INDUSTRIAL HARDWARE 779489/1 7/16/2024 TOOLS PW 531.99 Voucher: 138624 778834/1 6/26/2024 TOOLS PW 249.86
777365/1 5/16/2024 VEH MAINT SUPPLIES PW 168.48
777396/1 5/17/2024 VEH MAINT SUPPLIES PW 40.49 990.82
138625 8/23/2024 mis11 MISSION CRITICAL PROTOCOLS INC 85ADE6EC-0001 7/1/2024 OPERATING SUPPLIES FIRE 216.00 216.00 Voucher: 138625
138626 8/23/2024 mun11 MUNICIPAL SEWER TOOLS INV-000573 8/14/2024 DEBRIS BASKET PW 318.63 318.63 Voucher: 138626
138627 8/23/2024 ost05 OSTARI INC 502188 8/1/2024 PALO ALTO FIREWALL FY25 2,633.21 Voucher: 138627 502191 8/1/2024 VPN SFTWRE MAINT/LIC 280.50 2,913.71 138628 8/23/2024 fir12 PAUL ROTTENBERG, DBA FIRESTATS LLC 2024029 5/9/2024 MONTHLY FEES APR 125.00 Voucher: 138628 2024116 8/13/2024 FIRE STATS PROG Q1 125.00 250.00 Page: 3
4 September 9, 2024 Item 02
08/22/2024
Check List
City of Del Mar
4 12:56:17PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 138629 8/23/2024 qua09 QUAIL BOTANICAL GARDENS02142024 2/14/2024 REFUND PHCC EVENT 800.00 800.00 Voucher: 138629
138630 8/23/2024 cen02 SAN DIEGO CENTRE FOR, ORGANIZATION EFFECTIVENES TCFOE4672 6/11/2024 LEADERSHIP OFFSITE - MAY 5,400.00 5,400.00 Voucher: 138630
138631 8/23/2024 san107 SAN DIEGO DIVERS 2686 8/16/2024 SCUBA EQUIP INSP 11.25 11.25 Voucher: 138631
138632 8/23/2024 san138 SAN DIEGO ELEVATOR & LIFTS8325 7/31/2024 ELEVATOR MAINT CH JUL 200.00 Voucher: 138632 8326 8/14/2024 ELEVATOR MAINT CH AUG 200.00 400.00 138633 8/23/2024 sdg01 SAN DIEGO GAS & ELECTRIC0042 2198 4063 2 8/14/2024 UTILITIES JUL 8,805.79 8,805.79 Voucher: 138633
138634 8/23/2024 sdg02 SAN DIEGO GAS & ELECTRIC0067 3735 0888 1 8/6/2024 UTILITIES JUL 295.82 Voucher: 138634 0092 4576 5583 8 8/12/2024 UTILITIES JUL 142.95 438.77 138635 8/23/2024 sce02 SCENIC GRIFFIN PROPERTIES LLLC 08122024 8/12/2024 REFUND PHCC EVENT 800.00 800.00 Voucher: 138635
138636 8/23/2024 sha17 SHAPIRO, RAUB 08122024 8/12/2024 REFUND PHCC EVENT 800.00 800.00 Voucher: 138636
138637 8/23/2024 sig12 SIGNA DIGITAL SOLUTIONS INC34516837 8/12/2024 COPIER CH AUG 766.91 Voucher: 138637 34516365 8/12/2024 COPIER CS AUG 45.73 812.64 138638 8/23/2024 spa01 SPARKLETTS 18139543 081124 8/11/2024 WATER CH 74.92 74.92 Voucher: 138638
138639 8/23/2024 sta36 STANDARD PLUMBING SUPPLY CO, DBA MWI PLUMBERS SUPPLY XDZY90 8/8/2024 WATER PARTS PW 23.87 23.87 Voucher: 138639
138640 8/23/2024 ter01 TERMINIX INT CO LTD, PARTNERSHIP 450119630 8/6/2024 PEST CONTROL SRVCS FIRE 54.00 54.00 Voucher: 138640
138641 8/23/2024 dis05 THE REINALT-THOMAS CORP, DISCOUNT TIRE 1610957 8/13/2024 NEW VEH TIRES PW #82 1,270.81 1,270.81 Voucher: 138641
138642 8/23/2024 ver12 VERIZON 72867829 3/20/2024 SCADA SECURE CLOUD FEB 128.54 128.54 Voucher: 138642
138643 8/23/2024 wei02 WEIR, LANCE 08192024 8/19/2024 HEARING REFUND 291.00 291.00 Voucher: 138643
138644 8/23/2024 wes29 WEST COAST ARBORISTS INC217358 7/15/2024 TREE MAINT SRVCS 7/1-7/15 8,595.19 8,595.19 Voucher: 138644
Sub total for GENERAL ACCOUNT US BANK: 41,299.09
Page: 4
5 September 9, 2024 Item 02
08/22/2024
Check List
City of Del Mar
5 12:56:17PM
apChkLst Final Page:
50 checks in this report. Grand Total All Checks: 340,630.59 Page: 5
6 September 9, 2024 Item 02
7 September 9, 2024 Item 02
8 September 9, 2024 Item 02
9 September 9, 2024 Item 02
10 September 9, 2024 Item 02
08/28/2024
Check List
City of Del Mar
1 4:51:05PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6189 8/30/2024 22n01 22ND DISTRICT AGRICULTURAL 03651 7/1/2024 FIRE STATION LEASE 2025 129,004.00 129,004.00 Voucher: 6189
6190 8/30/2024 cdw01 CDW GOVERNMENT SK11595 7/18/2024 CISCO MERAKI ANNUAL LIC 2,293.34 2,293.34 Voucher: 6190
6191 8/30/2024 cha71 CHARTER COMM HOLDINGS LLC, CHARTER COMMUNICATIONS 8448 41 006 01714638/13/2024 PUBLIC WIFI PHCC AUG 166.24 166.24 Voucher: 6191
6192 8/30/2024 cor07 CORODATA RECORDS MGT INCRS5029211 6/30/2024 STORAGE SRVCS JUN 150.51 150.51 Voucher: 6192
6193 8/30/2024 dai03 DAILY DIRECT MAIL 14614-13 8/23/2024 UNDERGROUNDING MAILING 515.00 515.00 Voucher: 6193
6194 8/30/2024 del31 DELL MARKETING L.P. 10759221105 7/10/2024 MICROSOFT ANNUAL LICENSING 22,890.18 Voucher: 6194 10760932248 7/18/2024 DELL COMPUTERS 10,999.18 10757814166 7/2/2024 NETWORK SWITCH WARRANTY 2,932.69 36,822.05 6195 8/30/2024 dix01 DIXIELINE LUMBER CO 06-0566649 8/26/2024 OPERATING SUPPLIES CS 455.40 Voucher: 6195 06-0565943 8/20/2024 OPERATING SUPPLIES PW 78.52 06-0565488 8/16/2024 OPERATING SUPPLIES PW 19.21
06-0565283 8/14/2024 MAINT/REPAIR SUPP PW 19.07
06-0566106 8/20/2024 OPERATING SUPPLIES PW 9.58 581.78
6196 8/30/2024 duk01 DUDEK & ASSOCIATES 202406331 8/19/2024 WTR/WSTWTR/PVMT/STRM DRN JUL 3,020.00 3,020.00 Voucher: 6196
6197 8/30/2024 kle01 KLEINFELDER 1494023 8/19/2024 CDM BRIDGE JUL 156,726.70 156,726.70 Voucher: 6197
6198 8/30/2024 nha01 NHA ADVISORS, LLC 01452 8/20/2024 MQ FIN ADVISOR 7,887.50 7,887.50 Voucher: 6198
6199 8/30/2024 par51 PARKWOOD LANDSCAPE MAINT INC 107953 8/14/2024 LANDSCAPING SRVCS PH/GROVE 4,314.00 4,314.00 Voucher: 6199
6200 8/30/2024 pho01 PHOENIX GROUP INFO SYSTEMS 072024036 8/19/2024 CITE SRVCS - JUL 18,339.62 Voucher: 6200 0720241036 8/19/2024 ADMIN CITE SRVCS - JUL 313.08 18,652.70 Page: 1
11 September 9, 2024 Item 02
08/28/2024
Check List
City of Del Mar
2 4:51:05PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6201 8/30/2024 pru01 PRUDENTIAL OVERALL SUPPLY132269612 8/16/2024 UNIFORMS - PW 192.14 Voucher: 6201 132268285 8/9/2024 UNIFORMS PW 8/9 113.86 132270789 8/23/2024 UNIFORMS PW - 8/23 98.95
132270787 8/23/2024 MATS PW - 8/23 15.47
132270788 8/23/2024 SHOP TOWELS PW - 8/23 4.93
131017613 8/23/2024 UNIFORMS REFUND PW -40.44
131017614 8/23/2024 UNIFORMS REFUND PW -52.74 332.17
6202 8/30/2024 wex01 WEX BANK 0496-00-495760-1 8/6/2024 GAS & OIL FIRE - JUL/AUG 1,157.69 Voucher: 6202 0496-00-496745-1 8/23/2024 GAS & OIL CS AUG 1,090.92 2,248.61 Sub total for EFT GENERAL ACCOUNT US BANK: 362,714.60
Page: 2
12 September 9, 2024 Item 02
08/28/2024
Check List
City of Del Mar
3 4:51:05PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 138645 8/30/2024 bng01 05 BNG LLC, DBA QUIKSILVER75011438 7/15/2024 UNIFORM - LG 569.70 569.70 Voucher: 138645
138646 8/30/2024 adt02 ADT SECURITY SERVICES 1083789082 8/19/2024 ALARM 1700 COAST SEP/DEC 145.47 145.47 Voucher: 138646
138647 8/30/2024 adv12 ADVOCATE INVESTIGATIVE AGENCY,, INC 13940 7/26/2024 CLAIM REVIEW JUL 7,373.07 7,373.07 Voucher: 138647
138648 8/30/2024 sbc03 AT&T 9391054486 8/20/2024 TELEPHONE AUG 186.26 Voucher: 138648 9391026230 8/20/2024 TELEPHONE AUG 62.05 9391031506 8/20/2024 TELEPHONE AUG 60.95
9391026231 8/20/2024 TELEPHONE AUG 60.95
9391026228 8/20/2024 TELEPHONE AUG 31.26 401.47
138649 8/30/2024 bad01 BADGER METER INC 1677843 8/19/2024 MAINT/REPAIR SUPP PW 1,027.61 1,027.61 Voucher: 138649
138650 8/30/2024 boo07 BOONE, JASON & SARAH 08282024 8/28/2024 SEAGROVE/PHCC EVENT REFUND 2,806.00 2,806.00 Voucher: 138650
138651 8/30/2024 can08 CANTEEN SAN90451 8/12/2024 COFFEE SUPPLIES CH 239.39 239.39 Voucher: 138651
138652 8/30/2024 cit07 CITY OF SAN DIEGO 1000393889 8/15/2024 WATER TREATMENT JUL 41,454.61 41,454.61 Voucher: 138652
138653 8/30/2024 sol01 CITY OF SOLANA BEACH 220950 6/30/2024 FIRE TRAINING 142.00 142.00 Voucher: 138653
138654 8/30/2024 cla15 CLAIMS MANAGEMENT ASSOC INC 522149 8/11/2024 CLAIMS ADMIN DEC-JUN 1,415.10 Voucher: 138654 522152 8/11/2024 LOSS RUNS JAN-JUN 750.00 522147 8/11/2024 CLAIMS ADMIN JUN 731.40
522146 8/11/2024 CLAIMS ADMIN MAY/JUN 675.75
522148 8/11/2024 CLAIMS ADMIN MAY/JUN 214.65
522150 8/11/2024 CLAIMS ADMIN JAN-MAY 174.90
522151 8/11/2024 CLAIMS ADMIN MAY/JUN 95.40 4,057.20
138655 8/30/2024 cou65 COUNTY OF SAN DIEGO DEH2016-FFPP-006917 7/17/2024 CH COUNTY PERMIT 412.50 412.50 Voucher: 138655
138656 8/30/2024 cou16 COUNTY OF SAN DIEGO - REGIONAL, COMM SYSTEM 24CTOFDMM12 7/1/2024 RADIO MAINT - LFGD 1,314.74 1,314.74 Voucher: 138656
138657 8/30/2024 dai03 DAILY DIRECT MAIL 14614-5 3/13/2024 UTILITY BILLS MARCH 215.00 215.00 Voucher: 138657
Page: 3
13 September 9, 2024 Item 02
08/28/2024
Check List
City of Del Mar
4 4:51:05PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 138658 8/30/2024 gal02 GALLS LLC 028710237 8/7/2024 UNIFORMS CS 69.60 Voucher: 138658 028721522 8/8/2024 UNIFORMS CS 35.62
027890641 5/8/2024 UNIFORMS CS REFUND -45.68 59.54
138659 8/30/2024 hen09 HENDRICKS, ALYSSA 08262024 8/26/2024 PHCC EVENT REFUND 800.00 800.00 Voucher: 138659
138660 8/30/2024 chu11 JANET CHURCHES DBA:, JC CONSTRUCTION COST MGMT 05282024 5/28/2024 PHCC IMP PROJECT 1,180.00 1,180.00 Voucher: 138660
138661 8/30/2024 lop04 LOPEZ, VIRGINIA 08212024 8/21/2024 DUP PMT REFUND 105.00 105.00 Voucher: 138661
138662 8/30/2024 boh02 NANCY K. BOHL INC. DBA:, THE COUNSELING TEAM INTL INV101295 8/23/2024 EAP SERVICES 2,012.50 2,012.50 Voucher: 138662
138663 8/30/2024 con17 OCCUPATIONAL HEALTH CTRS, OF CALIFORNIA, A MEDICAL 84067588 8/9/2024 EMPLOYEE TESTING AUG 1,255.00 Voucher: 138663 83993045 7/31/2024 EMPLOYEE TESTING JUL/AUG 442.00 1,697.00 138664 8/30/2024 par35 PARADIGM MECHANICAL CORP6506 5/31/2024 QTRLY MAINT SRVCS CH 2,062.00 2,062.00 Voucher: 138664
138665 8/30/2024 pha02 PHARMALINK INC 842440 3/12/2024 DISPOSAL PHARMACEUTICALS 150.00 150.00 Voucher: 138665
138666 8/30/2024 por10 PORTABLE STORAGE CORP 161070 8/21/2024 STORAGE CS SEP 176.00 176.00 Voucher: 138666
138667 8/30/2024 san138 SAN DIEGO ELEVATOR & LIFTS8349 8/19/2024 ELEVATOR MAINT AUG 150.00 Voucher: 138667 8347 8/19/2024 ELEVATOR MAINT PH AUG 150.00 300.00 138668 8/30/2024 san20 SAN DIEGUITO RIVER PARK, A JOINT POWERS AUTHORITY 25-07 8/15/2024 MEMBERSHIP FY25 77,542.00 77,542.00 Voucher: 138668
138669 8/30/2024 sig12 SIGNA DIGITAL SOLUTIONS INC34516364 8/12/2024 COPIER PW AUG 138.74 138.74 Voucher: 138669
138670 8/30/2024 sip01 SIPE, BRIAN 08262024 8/26/2024 PHCC EVENT REFUND 800.00 800.00 Voucher: 138670
138671 8/30/2024 sou02 SOUTHCOAST HEATING & AIR COND. 1396532 8/15/2024 HVAC SRVCS LIBRARY 285.00 Voucher: 138671 1396538 8/15/2024 HVAC SRVCS 225 9TH ST 87.04 372.04 138672 8/30/2024 sta36 STANDARD PLUMBING SUPPLY CO, DBA MWI PLUMBERS SUPPLY XGGM52 8/20/2024 WATER PARTS PW 90.70 90.70 Voucher: 138672
138673 8/30/2024 sup01 SUPERIOR READY MIX CONCRETE LP 443206 8/12/2024 FILL SAND PW 470.62 470.62 Voucher: 138673
138674 8/30/2024 ter01 TERMINIX INT CO LTD, PARTNERSHIP 446719783 5/10/2024 PEST CONTROL SRVCS PHCC 103.00 103.00 Voucher: 138674
Page: 4
14 September 9, 2024 Item 02
08/28/2024
Check List
City of Del Mar
5 4:51:05PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 138675 8/30/2024 thi02 THIENES, TRICIA 08222024 8/22/2024 SEAGROVE EVENT REFUND 1,500.00 1,500.00 Voucher: 138675
138676 8/30/2024 uli02 ULINE 181635025 8/9/2024 SAFETY GLASSES PW 486.29 Voucher: 138676 181476957 8/6/2024 MAINT/REPAIR SUPP PW 59.73 546.02 138677 8/30/2024 uni31 UNITED SITE SRVCS OF, CALIFORNIA INC 114-13912596 8/15/2024 PORTABLE RESTROOM SRVCS 320.82 320.82 Voucher: 138677
138678 8/30/2024 ver03 VERIZON WIRELESS 570653198-00008 8/18/2024 TELEPHONE AUG 367.94 Voucher: 138678 570653198-00006 8/18/2024 TELEPHONE AUG 289.70 570653198-00007 8/18/2024 TELEPHONE AUG 114.03
570653198-00009 8/18/2024 TELEPHONE AUG 38.01 809.68
138679 8/30/2024 wax02 WAXIE'S ENTERPRISES, LLC. DBA 82677684 8/21/2024 JANITORIAL SUPPLIES PW 1,245.79 Voucher: 138679 82678993 8/21/2024 JANITORIAL SUPPLIES PW 16.68 1,262.47 138680 8/30/2024 wes29 WEST COAST ARBORISTS INC217930 7/31/2024 TREE MAINT 7/16 - 7/31 6,962.25 6,962.25 Voucher: 138680
138681 8/30/2024 act03 WILLIAMS SCOTSMAN INC 9021672554 8/15/2024 MOBILE OFFICE PW AUG/SEP 156.12 156.12 Voucher: 138681
138682 8/30/2024 ste28 STENO AGENCY, INC 1152083 8/26/2024 LEGAL SRVCS 558.15 558.15 Voucher: 138682
Sub total for GENERAL ACCOUNT US BANK: 160,333.41
Page: 5
15 September 9, 2024 Item 02
08/28/2024
Check List
City of Del Mar
6 4:51:05PM
apChkLst Final Page:
52 checks in this report. Grand Total All Checks: 523,048.01 Page: 6
16 September 9, 2024 Item 02
08/28/2024
Check List
City of Del Mar
1 5:25:39PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6203 8/30/2024 lif06 GEN DIGITAL INC. CDM0074 8/28/2024 VOL LIFELOCK BENEFIT AUGUST 118.92 118.92 Voucher: 6203
6204 8/30/2024 leg04 LEGALACCESSPLANS USA, CREDIT TO 1000178 40893 8/28/2024 B&D VOL LEGAL INS AUG 197.45 197.45 Voucher: 6204
Sub total for EFT GENERAL ACCOUNT US BANK: 316.37
Page: 1
17 September 9, 2024 Item 02
08/28/2024
Check List
City of Del Mar
2 5:25:39PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 8037 8/30/2024 hea02 HEALTH NET BFC29ASEPT24 8/28/2024 HEALTH INS SEPT 38,546.23 38,546.23 Voucher: 8037
8038 8/30/2024 kai01 KAISER PERMANENTE 4753118405 8/28/2024 HEALTH INS SEPT 16,226.73 16,226.73 Voucher: 8038
8039 8/30/2024 mut01 MUTUAL OF OMAHA 001749703044 8/28/2024 AD&D B&D SEPT 4,639.52 4,639.52 Voucher: 8039
8040 8/30/2024 pri11 PRINCIPAL FINANCIAL GROUP, PLIC-SBD GRAND ISLAND 1003938-10001SEPT8/28/2024 DENTAL B&D SEPT 5,277.25 5,277.25 Voucher: 8040
8041 8/30/2024 sun11 SUN LIFE ASSURANCE CO, OF CANADA 915639-0001SEPT 8/28/2024 FF SUNLIFE INS SEPT 48.00 48.00 Voucher: 8041
138683 8/30/2024 cap01 CAPF CA PUBLIC SAFETY ADMIN Ben176744 8/23/2024 CAPF: PAYMENT 208.00 208.00 Voucher: 138683
Sub total for GENERAL ACCOUNT US BANK: 64,945.73
Page: 2
18 September 9, 2024 Item 02
08/28/2024
Check List
City of Del Mar
3 5:25:39PM
apChkLst Final Page:
8 checks in this report. Grand Total All Checks: 65,262.10 Page: 3
19 September 9, 2024 Item 02
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Jon Edelbrock, Director of Community Services
Clem Brown, Assistant City Manager
Via Ashley Jones, City Manager
DATE: September 9, 2024
SUBJECT: License Agreement with Saint Peter’s Parish for Parking Meter Management, Enforcement and Revenue Sharing
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Approve a Parking Management License Agreement with Saint Peter’s Parish (License Agreement) (Attachment A) to reestablish a formal parking meter management, enforcement, and revenue share arrangement with the City; and 2) Authorize the City Manager to execute the license agreement.
DISCUSSION/ANALYSIS:
Saint Peter’s Parish (Parish) owns the St. Peter’s Episcopal Parish Campus located at 334 14th Street, which includes the current paid public parking area along the 1400 Block of Maiden Lane. The Parish and the City have a long-standing arrangement in which the City manages and enforces parking meters located in publicly available parking spaces on Parish property to increase public access and parking in the City’s downtown area as well as address unauthorized public parking that interferes with Parish activities during periods when the parking is intended for the Parish’s exclusive use.
On July 13, 2010, the City Council approved Resolution 2010-54 authorizing the City Manager to execute a license agreement with the Parish to enable City staff to enforce parking rules and manage a public parking meter area consisting of twenty-one parking spaces on their property. Although the formal agreement expired in 2015, the Parish and City have continued to operate under the same terms and conditions since that time with the only change being the expansion of the number of parking spaces from twenty-one to twenty-two.
Recognizing the need to formally reestablish the arrangement, the Parties have negotiated a new License Agreement that: 1) expands the number of parking spaces included in the revenue share arrangement; and 2) provides for the upgrade of the 1 September 9, 2024 Item 04
City Council Agenda Report
Parking Management License Agreement with Saint Peter’s Parish September 9, 2024
________________________________________________________________________________________________________ City Council Action:
existing single space meters to multi-space smart meters that accept both coin and credit cards and ensures the mutually beneficial arrangement continues.
Per the proposed License Agreement (Attachment A), the Parish will license parking management and enforcement rights to the City on the portion of the property comprising of fifty-three (53) regular size parking spaces for an initial five (5) year term, which will be automatically extended for successive five (5) year periods unless otherwise terminated.
If needed, the City or Parish can terminate the License Agreement at any time with proper written notice.
Per the proposed License Agreement, the Parish would be paid percent (50%) of the gross revenue earned from City parking operations on their property, less a percentage share of the City’s costs to provide parking management of the licensed area. More specifically, fifty percent (50%) of the City’s costs to install and maintain parking meters and associated equipment, ongoing maintenance of the licensed area, and parking meter revenue collection and processing would be deducted from the Parish’s share of the gross revenue earned from the licensed area. The proposed License Agreement does not include the sharing of parking enforcement (i.e., citation) revenue. All citation revenue generated from licensed area would remain with the City.
If approved, the License Agreement will provide additional parking revenue and fifty-three (53) publicly accessible paid parking spaces to the City. The spaces will be available twenty-four (24) hours a day, seven (7) days a week, including holidays, at the Parish lot when the spaces are not exclusively reserved for church activities. Having these spaces available for public parking when they are not needed for church activities provides a unique opportunity for the City to reduce the demand for public parking on the adjacent residential streets.
The provisions of the License Agreement will allow the expanded parking use to operate at times when the parking spaces are not needed for church activities/services as calculated by the Parish’s planning entitlement, Conditional Use Permit CUP-96-04. Per the CUP, the Parish’s parking requirement is based on its most intensive use, which would be use of the Sanctuary (worship building) during church services and events. The License Agreement would provide the Parish the ability to utilize the unused parking spaces specifically when the Sanctuary is not in use and only a minimal amount of onsite parking is needed for the Parish’s other uses.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item. On average, the City receives $50,000 annually in gross revenue (before any parking 2 September 9, 2024 Item 04
City Council Agenda Report
Parking Management License Agreement with Saint Peter’s Parish September 9, 2024
________________________________________________________________________________________________________ City Council Action:
expenses) from St. Peter’s 22 publicly available parking spaces; however, the actual revenue fluctuates from year to year depending on the revenue collected and associated expenses with maintaining the licensed area. Under the terms of the proposed license agreement, the City is expected to receive around $22,000 in revenue (net of parking expenses) for those 22 publicly available parking spaces. The proposed License Agreement expands the number of publicly available parking spaces in the Licensed Area from 22 to 53; however, staff is not able to accurately predict the parking demand for those additional spaces and any associated increased revenue collection until the City has more data. Staff does anticipate that expanding the number of paid public parking spaces will increase the City’s share of parking collection revenue above the $22,000 that it typically averages per year. It is also worth noting that 100% of any increase in citation revenue realized from expanding the number of paid public parking spaces included in the License Agreement would remain with the City.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and is not included in the City Council’s list of Goals & Priorities.
ATTACHMENTS:
Attachment A – Parking Management License Agreement with Saint Peter’s Parish Exhibit A – Licensed Area
3 September 9, 2024 Item 04
License Agreement – St. Peter’s Parish Page 1
PARKING MANAGEMENT LICENSE AGREEMENT BETWEEN
THE CITY OF DEL MAR AND
THE RECTOR, WARDENS AND VESTRYMEN OF SAINT PETER’S PARISH This PARKING MANAGEMENT LICENSE AGREEMENT (“Agreement”) is made and entered into this 9th day of September, 2024 (“Effective Date”), by and between the CITY OF DEL MAR, a Charter City and a municipal corporation (“City”) and THE RECTOR, WARDENS AND VESTRYMEN OF SAINT PETER’S PARISH, a California nonprofit corporation (“Parish”) in Del Mar, California, each occasionally referred to as “Party” and collectively, the “Parties”.
For and in consideration of the representations, covenants and conditions contained herein, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:
1. Premises. Parish owns certain private real property commonly known as St. Peter’s Episcopal Parish Campus located at 334 14th Street, Del Mar, CA 92014 (“Property”), described and depicted in Exhibit A, attached hereto and incorporated herein by this reference. Parish hereby licenses to the City parking management and enforcement rights to those portions of the Property comprising fifty-three (53) regular size parking spaces (individually and collectively, the “Licensed Area”) marked on Exhibit A, together with the attendant drive aisles and walkways used for vehicular and pedestrian ingress and egress to and from the Licensed Area, Property and the public right-of-way (collectively, the “Premises”).
2. Permitted Uses. City shall have the right to use the Licensed Area for public parking and ingress and egress, twenty-four (24) hours a day, seven (7) days a week, including holidays, during periods of limited use or non-use by the Parish and signed appropriately to adequately advise the public. City shall have the right to re-stripe the spaces and to place and maintain parking meters in the Licensed Area and place identifying and wayfinding signs at locations on the Premises as determined appropriate by City and reasonably agreed upon by Parish. City, and its employees, agents, contractors, and authorized representatives shall have the right to enter the Licensed Area to enforce City's parking policies and regulations. Parish shall have the right to reserve Licensed Area for church activities. The Parish shall notify the City of the needed spaces and time duration of use at least 24 hours prior. The usage rights set forth in this Section 2 are collectively referred to as the (“Permitted Uses”).
3. Restrictions on Use. City shall not unreasonably interfere with any of Parish's normal activities and operations at the Property; provided, however, in no event shall use of the Licensed Area for any of the Permitted Uses be deemed to interfere with Parish's normal activities or operations at the Property. City shall not permit or allow the parking or placement of commercial vehicles or large trucks over 8,000 pounds in the Licensed Area.
4 September 9, 2024 Item 04
License Agreement – St. Peter’s Parish Page 2
4. Term. The term of this Agreement shall be five (5) years commencing September 9, 2024, through September 8, 2029 (“Term”). Thereafter, the Term of this Agreement shall automatically extend for successive five (5) year periods unless otherwise terminated as set forth in Section 9 below.
5. Parking Meter Revenue Share. Parish shall be paid semi-annually fifty percent (50%) of the gross revenue earned from parking operations by City (“Parking Revenue Share”), less the following costs, which the City shall deduct fifty percent (50%) from the Parish Parking Revenue Share:
5.1. Installation and Maintenance of Parking Meters and Equipment. Costs relating to the purchase, installation and maintenance of parking meters and parking meter equipment, signage, and markings within the Licensed Area.
5.2. Maintenance of Licensed Area. Costs relating to the maintenance of the Licensed Area, as required by Section 6, below.
5.3. Parking Meter Revenue Collection and Processing. Costs relating to credit card transaction fees associated with the use of a credit card for the parking meters.
5.4. Licensed Area Improvement Value and Credit. The amortized value of improvements constructed by City in the Licensed Area pursuant to the terms of this Agreement (“Licensed Area Improvements”), shall be subject to Parish's prior verification and approval (which shall not be unreasonably withheld). The value of the Licensed Area Improvements shall be applied against the annual Parking Revenue Share until it is depleted. When the value of the Licensed Area Improvements is depleted, the annual Parking Revenue Share shall be payable in full for the remaining years of this Agreement, subject to the provisions in Section 5.
Parking Revenue Share shall be paid to Parish semi-annually within one hundred twenty (120) days of December 31 and the close of City’s fiscal year (June 30), and shall include documentation that supports the gross revenue collected and all deductions. The Parties agree that the primary purpose of the Licensed Area will be to increase public access and parking to the City of Del Mar Commercial Zone, and that Parish is under no obligation to maximize the revenue received from parking operations.
6. Maintenance, Repairs, Alterations and Common Area Service.
6.1. Maintenance and Repairs. Parish shall keep the Premises, as set forth in Section 1, in good condition and repair; clean, sanitary, and free of debris and graffiti. All graffiti will be removed by Parish within 72 hours. City shall keep their parking meter equipment located within the Licensed Area in good condition and repair.
All parking meter equipment will be repaired or replaced by City within a reasonable amount of time and subject to the terms in Section 5.1. 5 September 9, 2024 Item 04
License Agreement – St. Peter’s Parish Page 3
6.2. Alterations and Additions. City shall not, without Parish's prior written consent, make any alterations or additions related to parking meters and associated signage and markings on or about the Licensed Area other than as specified under this Agreement. At the termination or expiration of the Term of this Agreement, the City may elect, or the Parish may require, the removal of any or all parking meters and associated signage and markings, and the restoration of the Licensed Area to its prior condition. All costs and/or revenue associated with the removal and sale of equipment and the restoration of the site shall be shared equally by the Parties.
6.2.1. City shall carry out any Alteration and Additions (as noted in Section 6.2 above) of the Licensed Area in conformity with all applicable federal and state labor laws. City shall be solely responsible for determining and effectuating compliance with applicable laws, and Parish makes no representation as to the applicability or non-applicability of the laws to any construction, expansion and/or development of the Licensed Area by City.
6.2.2. City shall give Parish not less than ten (10) days' notice prior to the commencement of any work in the Licensed Area by City, and Parish shall have the right to post notices of non-responsibility in or on the Licensed Area as provided by law. In the event of emergency repairs requiring immediate attention, the City shall attempt to give Parish twenty-four (24) hours advance notice, if feasible, but shall be permitted to make such emergency repairs.
7. Indemnification.
7.1. Parish shall agree to, to the fullest extent permitted by law, to hold harmless, protect, defend (with counsel approved by the City) and indemnify the City, the City Council and each member thereof, its officers, agents, employee, representatives, and their successors and assigns, from and against any and all losses, liabilities, claims, suit damage, expenses and costs, including reasonable attorney’s fees and costs, and expert costs and investigation expenses (“Claims”), which arise out of or are in any way connected to Parish’s use of the Licensed Area or performances under the license or any negligent or wrongful act or omission by Parish, its officers, employees, representatives, subcontractors, or agents, regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder. Parish shall have no obligation, however, to defend or indemnify if it is determined by a court of competent jurisdiction that such claim was caused by the sole negligence or willful misconduct of City.
7.2. Parish agrees that its duty to defend the indemnities arises upon an allegation of liability based upon the use of the Licensed Area or performance under the license by Parish, its officers, agents, representatives, employees, subcontractors, or anyone for whom Parish is liable, and that an adjudication of Parish’s liability is not a condition precedent to Parish’s duty to defend. This and all other Parish 6 September 9, 2024 Item 04
License Agreement – St. Peter’s Parish Page 4
indemnity obligations related to the Licensed Area shall survive the termination of the Agreement and shall remain in effect for as long as the underlying claim or action remains viable.
7.3. City agrees to, to the fullest extent permitted by law, to hold harmless and indemnify Parish and its officers, agents, employee, representatives, and their successors and assigns, from and against any and all losses, liabilities, claims, suit damage, expenses and costs, including reasonable attorney’s fees and costs, and expert costs and investigation expenses (“Claims”), which arise out of or are in any way connected to any negligent act or omission by City, its officers, employees, representatives, subcontractors, or agents. City shall have no obligation, however, to defend or indemnify if it is determined by a court of competent jurisdiction that such claim was caused by the sole negligence or willful misconduct of Parish.
8. Insurance. Commencing on the date that this Agreement is signed by both Parties, City and Parish shall maintain and furnish evidence of the following insurance:
8.1. City Insurance.
8.1.1. A policy of comprehensive general liability insurance, including automobile, having a combined single limit of not less than two million dollars ($2,000,000) per occurrence and naming Parish as an additional insured.
8.1.2. Worker's Compensation coverage as provided by the California Labor Code.
8.1.3. City shall pay all premiums and assessments on the insurance coverage required by this Section when due and shall provide Parish certificates of insurance for all insurance required to be maintained by City. Each certificate shall expressly provide that such policies shall not be cancelable or otherwise subject to modification except after thirty (30) calendar days' prior written notice to Parish.
8.1.4. Notwithstanding the foregoing, the insurance requirements set forth in this Section 8 may be satisfied by City providing evidence that it is legally selfinsured. City agrees that any program of self-insurance shall protect the interests of the Parish in the same manner as those interests would have been protected had a policy of commercial insurance been in effect.
8.2. Parish Insurance.
8.2.1. Parish is hereby advised and understands that the personal property of the Parish and Parish’s operations on and use of the Licensed Area are not insured by the City for either damage or loss, and the City assumes no liability for any such loss. Parish shall purchase and maintain at all times during the 7 September 9, 2024 Item 04
License Agreement – St. Peter’s Parish Page 5
Term of this Agreement insurance policies of the types, at the same limits, and subject to the same conditions and requirements as required under section 8.1.1 – 8.1.4 of this Agreement, which is incorporated herein by reference and made a part hereof. Such requirements include, but are not limited to, the policies containing, or being endorsed to contain, provisions naming City of Del Mar, its elective and appointive boards, commissions, officers, employees, contractors, agents, and volunteers as additional insureds.
9. Termination. This Agreement may be terminated as follows:
9.1. Either Party may provide not less than ninety (90) days’ advance written notice of termination of this Agreement to the other Party at any time, without cause.
9.2. Either Party (the “Non-Breaching Party”) may terminate this Agreement and be relieved of the obligations hereunder if the other Party (“Breaching Party”) fails to perform any covenant or condition contained in this Agreement (each, a “Breach”) and (i) fails to cure such Breach within ninety (90) days after having received written notice from the Non- Breaching Party describing the nature of the Breach in reasonable detail, or (ii) in the event of a Breach that cannot reasonably be cured within ninety (90) days, the Breaching Party fails to commence to cure such Breach within ninety (90) days after having received written notice from the Non-Breaching Party regarding such Breach and diligently pursue the cure to completion; or
9.3. Either Party may provide twenty four (24) hours' notice of suspension of Section 2 of the Agreement to the other Party due to a dangerous condition in, on or around the Premises (including the Licensed Area) that is a threat to public safety or creates an endangerment to human life, and renders the Premises substantially unusable for any of the Permitted Uses; thereafter, the Agreement may be terminated upon reasonable mutual concurrence between the Parties regarding the continuing existence of the dangerous condition and impracticability of continuation of this Agreement for any of the Permitted Uses.
10. Notices. All communications to either Party by the other Party shall be delivered to the persons listed below. Any such written communications by mail shall be conclusively deemed to have been received by the addressee five (5) calendar days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted below
To Parish: Rector, Wardens and Vestrymen of Saint Peter’s Parish Attn: Treasurer
P.O. Box 336
Del Mar, California 92014
To City: City of Del Mar
8 September 9, 2024 Item 04
License Agreement – St. Peter’s Parish Page 6
Attn: City Manager
1050 Camino Del Mar
Del Mar, CA 92014
11. Entire Agreement. This Agreement and the Exhibits hereto constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede all prior verbal or written agreements and understandings between the Parties with respect to the items set forth herein.
12. Modifications. This Agreement may be amended at any time by the written agreement of the Parties. All amendments, changes, revisions, and discharges of this Agreement in whole or in part, and from time to time, shall be binding upon the Parties despite any lack of legal consideration, so long as the same shall be in writing and executed by the Parties hereto.
13. Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions, or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
14. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same instrument.
15. Signing Authority. The representative for each Party signing on behalf of their respective entity declares that authority has been obtained to sign on behalf of their respective entity and agrees to hold the other Party hereto harmless if it is later determined that such authority does not exist.
[SIGNATURES ON THE FOLLOWING PAGE]
9 September 9, 2024 Item 04
License Agreement – St. Peter’s Parish Page 7
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Execution Date listed above.
CITY OF DEL MAR, a charter
city and a municipal corporation
By: ______________________
Ashley Jones, City Manager
THE RECTOR, WARDENS AND
VESTRYMEN OF SAINT PETER’S
PARISH, a California non-profit
corporation
By: _______________________
Paige Blair-Hubert, Rector
APPROVED AS TO FORM:
By: ________________________
Leslie Devaney, City Attorney
ATTEST:
By: ________________________
Sarah Krietor, Administrative
Services Manager/City Clerk
10 September 9, 2024 Item 04
55LicensedParkingSpaces
Exhibit A - Licensed Area
11 September 9, 2024 Item 04
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Kseniia Izgarskaia, Senior Management Analyst
Monica Molina, Finance Manager/Treasurer
Sarah Krietor, Administrative Services Manager/City Clerk Via Ashley Jones, City Manager
DATE: September 9, 2024
SUBJECT: Second Reading and Adoption of an Ordinance Updating the City’s Purchasing Code
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council adopt an Ordinance (Attachment A) amending the Del Mar Municipal Code Title 7 to revise various procedures related to City purchasing.
BACKGROUND:
The City’s current purchasing regulations are included in Del Mar Municipal Code (DMMC) Title 7 – Expenditures (Purchasing Code), which guides procurement of supplies, equipment, services, public works projects, and other related expenditures. The Purchasing Code also sets the City Manager’s contract awarding/signing authority (last amended in 2009), and the procedures for formal bidding, informal bidding, or when no competitive bidding is required for the purchase of supplies, services, and equipment (last amended in 1989).
The cost of goods and services has substantially increased since most of the Purchasing Code provisions were last amended. On August 26, 2024, the City Council conducted a public hearing and voted unanimously to introduce an Ordinance amending the DMMC Title 7 to revise various procedures related to City purchasing.
The City held a public hearing and voted unanimously to introduce the Ordinance (Attachment A) on August 26, 2024. If adopted, the Ordinance would go into effect October 9, 2024 (30 days from the date of adoption).
DISCUSSION/ANALYSIS:
City staff conducted a comprehensive review of DMMC Title 7 and identified several key areas that can be updated and modernized to be in line with current industry best practices and market environment. Staff also reviewed purchasing policies of other municipalities in the region and took common practices into consideration. As a result, 1 September 9, 2024 Item 05
City Council Agenda Report
Adoption of Ordinance Amending the City’s Purchasing Code September 9, 2024
staff proposes the following changes to DMMC Title 7 outlined below to provide greater flexibility, administrative efficiencies, reduced costs, and enhanced ability to acquire goods and services in a timely manner.
Increase Purchasing Thresholds
DMMC Chapter 7.04 establishes purchasing thresholds for non-competitive bidding, and informal and formal bidding purchases. The cost of goods and services, as well as the size of the City’s budget have substantially increased since those thresholds were established in 1989. To make the purchasing process more efficient, provide the required supplies or services to the City in a timely manner, and reduce staff time and related costs, staff recommends updating purchasing thresholds as described in the table below:
Type of Purchase Current Procurement
Threshold
Recommended Procurement
Threshold
No Competitive Bidding $1,500 or less $5,000 or less (“basic purchase”) Informal Bidding
(without public noticing)
$1,500.01 - $5,000 $5,000.01 - $60,000 (“minor
purchase”)
Informal Bidding
(with public noticing)
$5,000.01 - $15,000 Remove and combine with
informal bidding above
Formal Bidding $15,000.01 or more $60,000.01 or more (“major purchase”)
Increase City Manager’s Purchasing Authority
DMMC Section 7.04.120 establishes the City Manager’s authority to award contracts and purchases up to $15,000. Staff recommends the City Council increase the City Manager’s purchasing authority from $15,000 to $60,000, which would align with the recommended threshold for triggering the formal bidding procedure requirement and is consistent with other cities in the region. The City Manager’s revised signing authority will include task orders, one-time purchases, amendments, and change orders in the amount of up to $60,000 or the contingency amount authorized by the City Council for each individual project at the time of the contract’s approval.
Establish Contractor Debarment Procedures
Occasionally, the City encounters situations when irresponsible contractors repeatedly submit bids with computational or other errors, have contract performance issues, fail to complete the project within a reasonable timeframe or request unjustified contract amount increases. While there are some legal remedies to correct a contractor’s performance, those contractors are not prohibited from submitting bids for future projects and being awarded other contracts if they are the lowest bidder. Therefore, staff recommends adding a chapter establishing procedures for temporary and permanent contractor department. This would allow city staff to disbar contractors and prohibit the contract award to such contractors.
Include Administrative Clarifications
It is also recommended that several administrative revisions and clarifications be incorporated to modernize the Purchasing Code language and simplify the applicable procedures when possible. Specifically, staff recommends:
2 September 9, 2024 Item 05
City Council Agenda Report
Adoption of Ordinance Amending the City’s Purchasing Code September 9, 2024
• Adding sections for definitions, emergency purchases, and compliance provisions. • Combining acquisition of services from architects, engineers, land surveyors, and construction management firms with the acquisition of other professional services, to simplify the process and clarify procedures applicable to all similar services. • Clarifying and modernizing the procedures for professional services purchasing. • Clarifying and expanding the language related to cooperative purchasing, or “piggybacking.”
• Adding a few exemptions from bidding, such as purchase of gasoline, information technology purchases, and payroll related activities.
• Public noticing, security bond requirements, and the award process clarifications for formal bidding procurement.
• Other administrative language clean-up and clarifications.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the Council related to this agenda item.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
Update of the City’s Purchasing Code is a Tier 2 Priority for Fiscal Year 2024-2025.
ATTACHMENTS:
Attachment A – Proposed Ordinance Amending DMMC Title 7 – Expenditures Exhibit A to Attachment A – Amended DMMC Title 7 – Expenditures (Clean) Attachment B – Redlined DMMC Title 7 – Expenditures
3 September 9, 2024 Item 05
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING TITLE 7 OF THE CITY OF DEL
MAR MUNICIPAL CODE – EXPENDITURES
WHEREAS, Government Code Section 54202 requires that every local agency adopt policies and procedures, including bidding regulations, governing purchases of supplies and equipment by the local agency; and
WHEREAS, the City of Del Mar’s current purchasing system is set forth in the Del Mar Municipal Code (DMMC) Title 7 – Expenditures, which guides the process for the procurement of supplies, equipment, services, public works projects, and other related expenditures; and
WHEREAS, there have been significant increases to the San Diego regional consumer price index (CPI) since the City's last major revisions to its purchasing regulations; and
WHEREAS, the impacts of the COVID-19 pandemic have further hampered the City's ability to procure goods, equipment, and services in a timely manner due to lingering delays within supply chains; and
WHEREAS, a comprehensive review of DMMC Title 7 was conducted, and certain efficiencies were identified that could be realized with additional amendments to Title 7, including revising City Manager’s purchasing authority, bidding thresholds, and other administrative language clarifications to modernize and clarify procurement procedures; and
WHEREAS, based on the results of the regional procurement practices review and analysis, the City Council desires to modernize and clarify provisions of the DMMC Title 7 to increase the City Manager’s purchasing authority from $15,000 to $60,000, and to further clarify the City Manager’s signing authority to include task orders, amendments, and change orders in the amount of up to $60,000, unless a lower contingency was authorized by the City Council for each individual project at the time of the contract approval; and
WHEREAS, the City Council desires to increase procurement threshold for no competitive bidding from $1,500 or less to $5,000 or less (“basic purchase”); increase procurement threshold for informal bidding without public noticing from $5,000 or less to $60,000 or less (“minor purchase”); remove the category of informal bidding with public noticing; and increase procurement threshold for formal bidding from $15,000.01 or more to $60,000.01 or more (“major purchase”); and
WHEREAS, the City Council further desires to establish procedures for temporary and permanent debarment of contractors as an administrative sanction to be imposed only in the public interest for the City's protection; and 4 September 9, 2024 Item 05
Ordinance No. XXXX
WHEREAS, the City Council further desires to amend other various sections of DMMC Title 7 to incorporate administrative revisions and clarifications in order to modernize the language and simplify applicable procedures, when possible, as described in Exhibit “A” incorporated herein.
NOW THEREFORE, the City Council of the City of Del Mar does hereby ordain as follows:
SECTION ONE
That the foregoing recitals are true and correct.
SECTION TWO
Title 7 of the Del Mar Municipal Code is hereby amended to read as shown in the attached Exhibit A, which is incorporated herein by this reference as though set forth in full at this point.
SECTION THREE
If any section, sentence, clause, or phrase of this Ordinance is determined to be invalid, illegal, or unconstitutional by a decision or order of any court or agency of competent jurisdiction, then such decision or order will not affect the validity and enforceability of the remaining portions of this Ordinance. The City Council declares that it would have passed and adopted the Ordinance, and each section, sentence, clause, or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION FOUR
This Ordinance was introduced by the City Council on August 26, 2024.
SECTION FIVE
The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.
SECTION SIX
The Ordinance will take effect and be in force 30 days from the date that the City Council takes action to adopt the Ordinance.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Del Mar, California, held this 9th day of September 2024. ________________________________
Dave Druker, Mayor
City of Del Mar
5 September 9, 2024 Item 05
Ordinance No. XXXX
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. XXXX, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 9th day of September, 2024, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
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Del Mar, California, Municipal Code
TITLE 7 EXPENDITURES
Del Mar, California, Municipal Code Created: 2024-02-23 09:16:09 [EST] (Supp. No. 8, Update 5)
TITLE 7
EXPENDITURES
Chapter 7.04 PURCHASE OF SUPPLIES, EQUIPMENT AND SERVICES
7.04.010 Purpose.
The purposes of this Chapter are to define the centralized system of the City of the purchase of supplies, equipment and services to provide for the fair and equitable treatment of all persons involved in the purchasing process, to obtain the highest possible value in exchange for public funds and to safeguard the quality and the integrity of the purchasing system.
(Ord. No. 547; Ord. No. 827)
7.04.015 Definitions.
For the purposes of this chapter, the following definitions apply:
A. “Appropriation” refers to funds set aside through the budgeting process by the City Council for a specific use.
B. “Best Value” means the best value to the City based on all factors, including, but not limited to, the following:
1. Cost;
2. The ability, capacity and skill of a vendor/contractor/consultant to perform a contract or provide the supplies, services or equipment required;
3. The ability of a vendor/contractor/consultant to provide the supplies, services or equipment promptly or within the time specified without delay or interferences;
4. The character, integrity, reputation, judgment, experience and efficiency of a vendor/contractor/consultant;
5. The quality of a vendor/contractor/consultant’s performance on previous purchases by the City; and
6. The ability of a vendor/contractor/consultant to provide future maintenance, repairs, parts and services for the use of the supplies purchased.
C. “Change Order” is synonymous to “amendment” and is a written amendment executed by both parties to a contract modifying the terms of an existing contract. A change order may revise, add to, or delete previous requirements of the work, adjust the contract sum, or adjust the time for completion of the contract.
D. “Contract” is synonymous to “Agreement” and, regardless of which term is used, it means an agreement between the City and one or more other parties for the purchase or disposition of goods, services, professional services, and/or construction projects.
E. “Cooperative Purchasing” is a form of purchasing that utilizes the competitive pricing and terms of a contract or program entered into by another government entity or cooperative program that includes other governmental agencies following a bidding process (also referenced as "piggybacking"). 7 September 9, 2024 Item 05
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F. “Debarment” or “Debarred” means the administrative action taken by the City to declare that a Contractor is ineligible to submit a bid, or be awarded a service, procurement, public works contract, or any other contract with the City. Debarment is an administrative sanction to be imposed only in the public interest for the City's protection, and is not imposed for purposes of punishment.
G. “Emergency” means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. Determination of an "emergency" is defined as any breakdown in machinery or equipment, the interruption of an essential service, or any threat to public health, safety or welfare.
Determination of emergency shall not require a formal proclamation, but shall be based upon the sound judgment and discretion of the City Manager or an authorized Purchasing Officer, as applicable.
H. “Responsible Bidder” means a bidder determined by the awarding authority to have demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the contract, including but not limited to being able to provide future maintenance, repair, parts and service for the use of the goods purchased, and if applicable; and having a record of satisfactory performance under prior contracts with the City or other purchasers where such bidder has previously been awarded such contract.
I. “Responsive Bidder” means a bidder determined by the City to have submitted a bid or proposal that conforms in all material respects to the requirements of the bid, contract, or proposal documents.
J. “Professional Services” means all professional or special services that involve the exercise of professional discretion and independent judgment based on advanced or specialized knowledge, expertise or training gained by formal study or experience. Professional services are performed by persons in a professional occupation, provide a recommended course of action or personal expertise, or provide an end product or service. Professional services include, but are not limited to, consulting and performing services for accounting, auditing, computer hardware and software support, architectural, engineering, planning, environmental, land surveying, construction project management, redevelopment, financial, economic, personnel, social services, animal control, legal, management, communication, and other similar professional functions which may be necessary for the operation of the City.
K. “Proposal” is synonymous to “bid” and means an offer at set prices and terms or an offer to enter into a contract submitted in response to a notice inviting bids or a request for proposals or request for qualifications.
L. “Purchases” means supplies, materials, equipment and personal property and any transaction by which the City acquires ownership, as well as leases or rentals.
M. “Specifications” means the description of the physical and/or functional characteristics or of the nature of the required goods, services, professional services, and/or construction projects.
N. “Task Order” is a type of sub-contract issued by the City to a vendor/consultant/contractor who has already been awarded the initial contract. Task Orders are intended to initiate a specific job to meet the over-arching goals of the main contract.
7.04.020 Purchasing Officer.
A. A "Purchasing Officer" is each department head of the City or their designee for the department they oversee.
B. In addition to administering the other procedures of this Chapter, the Purchasing Officer:
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1. Shall keep informed of current developments in market conditions and new products and shall maintain records needed for the efficient purchase of supplies and equipment for the Purchasing Officer's department
2. Shall first consider sources of supplies, services and equipment located within the City;
3. Shall inspect supplies and equipment delivered to determine their conformance with the specifications, and may require the vendor to reimburse the City for the performance of chemical and physical tests on samples;
4. For services, shall review the services performed by the consultant/service provider and authorize payment only after determining services have been satisfactorily performed.
C. The City Manager may authorize, in writing, a City employee to purchase specified supplies and equipment, independently from the Purchasing Officer of a City department. The authorized employee shall comply with the procedures of this Chapter and shall make periodic reports to the City Manager on the status of the purchase. The City Manager shall ensure that each individual so authorized has filed a financial disclosure statement in accordance with this Code.
7.04.030 Determination of Requirement and Status for Purchasing Supplies, Services and Equipment.
A. The adopted budget for each department shall include the needs for supplies and equipment of that department during the fiscal year.
B. Each Purchasing Officer shall ensure that sufficient documentation is submitted with the request for payment to demonstrate compliance with the procedures of this Chapter and to justify the acquisition and acceptance of the supplies or equipment.
C. Each Purchasing Officer shall submit a report to the City Manager showing all supplies and equipment on hand in the department that are no longer useful to the department upon request. The Purchasing Officer may exchange or trade in such supplies and equipment as part of a purchase only after approval from City Manager. The City Manager may direct the transfer of surplus supplies and equipment to another City department. The City Manager may direct the disposal of such surplus supplies and equipment. The City Manager shall have the authority to delegate the disposal of such surplus and equipment as set forth in this Chapter by memorandum or by administrative order.
7.04.040 Basic Purchase —$5,000.00 or Less.
If the estimated value of the purchase of supplies, services or equipment is $5,000.00 or less, the Purchasing Officer may:
A. Select a vendor, without bid;
B. Complete the purchase transaction or place the order; and C. After supplies, services or equipment have been received, submit the invoice to the Finance Division head for placement on the warrant list/list of demands.
7.04.050 Minor Purchase —$5,000.01 - $60,000.00.
If the estimated value of the purchase of supplies, services, excluding professional services, or equipment is $5,000.01 or more, but less than $60,000.01, the Purchasing Officer shall:
A. Solicit informal bids/proposals by written and telephonic request to prospective vendors. 9 September 9, 2024 Item 05
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B. Require bids/proposals to be in writing and transmitted to the City as specified in the bid documents.
C. Seek at least three bids/proposals, unless the purchase qualifies for exemption procedure set forth in Chapter 7.04.090.
D. Recommend the responsible and responsive bidder in conformity with the specifications and/or qualifications as appropriate.
1. If the goods, services, and/or equipment specified in the request are of a generic quality and a vendor with particular attributes is not required to meet the needs of the City and the purposes of this chapter, then the Purchasing Officer shall select the bidder whose proposal offers to sell the supplies/equipment at the lowest price.
2. If vendor reliability, experience, availability, or expertise is a component of meeting the needs of the City and the purposes of this Chapter, then the Purchasing Officer shall award a purchase based on best value and need not necessarily purchase from the bidder proposing the lowest price.
E. Prepare and submit a requisition to the Finance Division head for approval.
F. The Finance Division head or their designee will issue a purchase order to the selected vendor.
G. After supplies, services or equipment have been received, the Purchasing Officer shall submit the invoice to the Finance Division head for placement on the warrant list/list of demands.
H. The Purchasing Officer shall have the option to purchase goods, services, and/or equipment in an amount of $5,000.01 or more, but less than $60,000.01, utilizing the formal bidding procedure set forth in Chapter 7.04.060.
7.04.060 Major Purchase—$60,000.01 or More.
If the estimated value of the purchase of supplies, services, excluding professional services, or equipment is $60,000.01 or more, the following provisions shall be satisfied:
A. If funds have not been appropriated in the current fiscal year for the supplies, services or equipment, the Purchasing Officer shall receive authorization from City Council to solicit bids and/or proposals.
B. Provided the City Council has authorized the solicitation of bids and/or proposals or funds have been appropriated in the current fiscal year, the Purchasing Officer shall proceed as follows:
1. For the purchase of supplies, equipment, and services, excluding professional services, the Purchasing Officer shall publish an electronic notice soliciting bids/proposals on the City’s website at least fifteen days before the date of opening of the bids or proposal submittal date.
2. For the purchase of Public Works construction and capital improvement projects that are not subject to the alternative bidding procedure as set forth in Chapter 7.20, a notice soliciting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The first publication or posting of the notice shall be at least 15 days before the date of opening the bids. In addition to posting the Notice on the City’s website or bid platform, the Notice shall be published at least twice, not less than five days apart, in a newspaper of general circulation, or as required by the Public Contract Code.
C. The Purchasing Officer shall include in the notice soliciting bids/proposals:
1. The requirement that the bid/proposal be in writing.
2. For Public Works construction and capital improvement projects, the requirement that the bid must be sealed.
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3. A general description of the supplies, services or equipment sought to be purchased.
4. The location where bid blanks, specifications and/or required services and qualifications may be obtained.
5. The time and place for opening bids/proposals.
6. The security required, if any.
7. The Purchasing Officer has authority to require a performance and/or payment bond as a condition of any contract in such amount as is reasonably necessary to protect the best interests of the City. If the Purchasing Officer requires a performance/payment bond, the form and amount of the bond shall be described in the notice inviting bids.
D. The Purchasing Officer may require a security deposit to be submitted as a condition for considering a bid/proposal. The amount of the security deposit shall be sufficient to reimburse the City for costs incurred if the bidder is successful but fails to execute the contract or fails to perform obligations under the contract. Bid security shall be returned to each unsuccessful bidder. A successful bidder shall forfeit their security upon refusal or failure to execute a contract within 15 days after notice of award of that contract, unless the City is responsible for the delay. The City may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible and responsive bidder. If the City awards the contract to the next lowest bidder, the amount of the lowest bidder’s security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
E. The City Clerk or their designee shall open the sealed bids in public and non-sealed bids/proposals internally and submit to the City Council a recommendation regarding the award of the contract.
F. The City Council may award the contract to the responsible and responsive bidder submitting the lowest bid for Public Works constructions and capital improvement projects, in conformity with the specifications, or to other bidder for other services, or may reject all bids presented, or waive any minor irregularity or informality in such bids.
G. If two or more bids received are of the same total amount, the City Council may award the contract to the bidder of the Council’s choice or direct the Purchasing Officer to further negotiate with the tie bidders and award the contract to the lowest negotiated bidder.
H. After the City Council awards the contract, the Purchasing Officer may submit a purchase requisition to the Finance Division head to encumber the funds.
7.04.070 Issuance of Requisition and Purchase Order.
Except where specific authority is first obtained from the City Manager, the Purchasing Officer may not prepare or submit a requisition for supplies, services or equipment unless there exist an unencumbered appropriation in the fund account against which the purchase is to be charged.
7.04.080 Emergency Purchases
In case of an emergency as defined in Section 7.04.015 of this Chapter, which requires immediate purchase of supplies, materials, equipment or contractual services, the City Manager may authorize the Purchasing Officer to secure in the open market at the lowest obtainable price any supplies, materials, equipment or contractual services, regardless of the amount of the expenditure; provided, however, that any expenditure exceeding the City Manager's established approval authority shall be later ratified by the City Council at the first available public meeting following the commitment to the expenditure.
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7.04.090 Exemption from Bidding.
Where otherwise required by this Chapter, the following procurements, contracts or transactions are exempted from the provisions of this Chapter, at the discretion of the City Manager:
A. Emergency procurements for construction, equipment, repairs, goods, and/or services; B. Goods and/or services that can be reasonably obtained from only a single source; C. Sufficient, satisfactory bids are not received or after solicitation of a number of sources, competition is determined inadequate;
D. Items required to match or be compatible with other goods, furnishings, materials or equipment previously purchased by the City;
E. Goods, furnishings, types of materials or equipment that have been standardized for the City by the City Manager or by the City Council;
F. Utility services and related charges;
G. Goods, services and/or professional services obtained from or through agreement with any governmental, public or quasi-public agency where the agency contracted for goods, services and/or services through a competitive process as described in Section 7.04.100; H. Real property leases or purchases and related title and escrow fees, to the extent permitted by law; I. Insurance and bonds;
J. Advertising in magazines, newspapers or other media; K. Works of art, entertainment or performers;
L. Library collection materials or services or other books or periodicals; M. Membership dues, conventions, training, travel arrangements including hotels, car rentals and airfare; N. Surplus personal property owned by another government, public or quasi-public entity; O. Public projects governed by alternative bidding procedures as set forth in Chapter 7.20; P. Purchases of gasoline, oil or emergency automotive needs; Q Transportation and freight charges when not specifically included on a purchase order; R. Demolition or abatement of dangerous structures or hazardous or unsafe conditions; S. Information technology purchases and software licensing, maintenance or upgrades to existing software purchased from the same contractor;
T. Payroll related activities or transactions;
U. For procurement under award of Federal assistance, when the Federal awarding agency or passthrough entity expressly authorizes noncompetitive proposals in response to a written request from the City;
V. Situations where solicitations of bids or proposals for goods, services and/or professional services would be, in the discretion of the awarding authority, impractical, unavailing, impossible, or not in the best interests of the City.
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7.04.100 Cooperative Purchasing.
The Purchasing Officer shall have the authority to join with other public or quasi-public agencies in cooperative purchasing plans or programs for the purchase of goods and/or services by contract, arrangement or agreement as allowed by law and as determined by the Purchasing Officer to be in the City's best interest. For purposes of this section, the determination of whether it is in the City's best interest shall include consideration of whether the procedure used by the public or quasi-public entity was competitive or otherwise resulted in a competitive price. The Purchasing Officer may buy directly from a vendor at a price established by another public agency when the other agency has made their purchase in a competitive manner. Such cooperative purchasing programs and agreements include, but are not limited to, the California Multiple Award Schedules program (“CMAS”), the U.S. General Services Administration (“GSA”) Multiple Award Schedule program, Sourcewell, the U.S. Communities Government Purchasing Alliance, and other similar programs. The Purchasing Officer also may purchase from the United States of America or any state, municipality or other public corporation or agency without following formal or informal purchasing procedures.
7.04.110 Professional Services.
For purposes of this section, Professional Services as defined in Section 7.04.015 of this Chapter, shall be purchased as follows:
A. It is in the best interest of the public, as allowed by State law, that contracts for professional and special services be awarded based on the demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required. The Purchasing Officer may negotiate with qualified firms or individuals to obtain a fair and reasonable price for the services to ensure best value to the City and is not required to award a contract to the lowest responsible bidder.
Notwithstanding the foregoing, once demonstrated competence and qualifications have been established, expense may be considered as one factor in the selection of a consultant hereunder.
B. Procurement of professional or special services where the total cost of services provided in a contract period is $60,000.00 or less shall be made using simplified and cost effective operational procedures and forms approved by the City Manager and in accordance with Section 7.04.050 of this Chapter.
C. Professional or special services where the cost of services provided in a contract period is $60,000.01 or more, or has no pre-determined cost (for example, as-needed services) shall be procured as follows:
1. The Purchasing Officer shall obtain the names of at least three firms or individuals that are, or have within the preceding 12 months, provided substantially similar services to public agencies.
The Purchasing Officer may waive the requirements for solicitation of multiple proposals if only one individual or firm can reasonably provide the professional services, and it is in the best interest of the City to waive the requirement.
2. A request for proposal or qualifications shall be published on the City’s website and provided to all potential candidates outlining the scope of services required, time frame for completion, pricing structure, liability insurance information and coverage and other pertinent information.
Professionals must submit their responses in the specified format no later than the stated final due date for proposals. The response must include written acceptance of the terms of City’s standard agreement, Including liability and other insurance coverage requirements.
3. The evaluation process will be based on the criteria stated in the request for proposal but will generally include the scope of services offered, the professional's capabilities and previous experience in the field.
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Officer may terminate discussion with the first candidate and open negotiations with the second choice.
5. The City Council shall approve agreement for as-needed professional services with no predetermined contractual cost or those with the total contractual cost exceeding City Manager’s signing authority.
6. The City Council may waive the bid requirements of this chapter when it is necessary or convenient for the management of the City's affairs.
7. The provisions of this Chapter shall not apply where the City Manager determines that the services needed are of a technical nature and involve little professional judgment, and that selecting the lowest responsible bidder would be in the public's interest.
D. The City Manager may develop and maintain a procedure whereby architects, engineers, land surveyors and construction project management firms may submit annual statements of qualifications and performance data. The Purchasing Officer may directly solicit proposals from appropriate firms from the list in-lieu of competitive solicitation.
7.04.120 City Manager Contracting Authority.
A. The City Manager shall have the authority to award the contracts as below.
1. All procurement of professional services, supplies, goods and/or materials, capital outlay items approved by the City Council during the applicable budget year for which the total contractual cost to the City is $60,000.00 or less.
2. Change orders/amendments, including term extensions, for contracts for the purchases of supplies, services and equipment provided the total contractual cost does not exceed the lesser $60,000.00 or the contingency amount set when the initial contract was awarded, and sufficient unencumbered funds exist or have been previously appropriated for the specific contract. In circumstances when the Council-approved contingency exceeds $60,000.00, and the delay in work is anticipated to result in significant costs, the City Manager is authorized to execute a single change order up to the full amount of the approved contingency, provided that there are sufficient funds in the allocated project budget.
The City Manager shall report the change order to the City Council at its next regularly scheduled meeting.
3. Task orders for as-needed agreements approved by City Council with each task order amount not exceeding $60,000.00.
4. Task orders for as-needed agreements approved by City Council for any task order amount if the City acts as a pass-through agency and the cost is covered by a third party.
5. Public Works projects in accordance with Chapter 7.20.020 of this Chapter.
6. Emergency purchases exceeding $60,000.00 as set forth in Chapter 7.04.080
7. Notwithstanding the foregoing, any change order that results in the need for additional budget appropriation or that is in excess of the City Manager’s authority as described above shall be approved by the City Council.
B. The City Manager shall approve alternate procurement methods, if appropriate, for use on an experimental basis, and recommend to the City Council additions, deletions or modifications to the City's procurement methods.
C. The City Manager shall have the authority to delegate the awarding of contracts, amendments and change orders for goods and services as set forth in this Chapter by memorandum or by administrative order. 14 September 9, 2024 Item 05
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D. Upon request of the City Council, the City Manager shall submit a report to the City Council identifying all contracts, including the amount of each contract that has been awarded administratively.
7.04.130 Compliance Required—Effect of Noncompliance.
No obligation for the payment of supplies, services and equipment shall be incurred by the City except as prescribed by this Chapter. Any agreement entered into contrary to the provisions of this Chapter shall be void and any claim or demand against the City based thereon shall be invalid.
Chapter 7.06 DEBARMENT OF CONTRACTORS
7.06.010 Purpose.
Debarment is an administrative sanction to be imposed only in the public interest or for the City’s protection, and not for purposes of punishment. Debarment is designed to ensure full and open competition by granting awards only to responsible contractors. Debarment prohibits the awarding of contracts to, and the execution of contracts with, a debarred contractor. This Chapter establishes debarment and the procedure for imposition of debarment.
7.06.020 Grounds for Temporary Debarment.
In addition to all other remedies permitted by law, upon a finding of grounds as set forth in this Chapter, the Assistant City Manager, or designee, may declare debarment of a contractor for any of the following reasons:
1. Two or more counts of computational or other errors in bid submission within a two-year period;
2. Failure or refusal to timely provide or properly execute contract documents, meet bonding or insurance requirements acceptable to the City in the time periods required by the contract;
3. Unsatisfactory performance of contract, including, but not limited to:
(a) material breach of the contract or failure or refusal to honor or observe contractual obligations or legal requirements pertaining to the contract;
(b) unjustified failure to complete the required work on time and/or within budget; (c) substandard quality of work and/or materials;
(d) failure or refusal to properly perform or complete contract work or warranty performance.
4. Violations of any labor or safety statutes, regulations or standards including, but not limited to, applicable local, state, or federal statutes, regulations or standards governing prevailing wage, occupational safety and health, and nondiscrimination requirements;
5. Violations of any law or regulation governing the handling, transfer, storage, or disposal of hazardous materials or hazardous waste, or of solid waste generated in connection with construction or demolition;
6. Submission of a bid, proposal, or other document which is known by contractor to be false, or the submission of a false or fraudulent claim;
7. Knowingly doing business with a debarred third party in performance of any City contract awarded after debarment of said third party;
8. Any finalized debarment of the contractor by another governmental agency on grounds justifying debarment under this Chapter, during the period of such debarment; 15 September 9, 2024 Item 05
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9. The contractor, subcontractor or consultant performs, or fails to perform, the contract in such a way that environmental damage results, or a violation of environmental laws or permits is committed.
7.06.030 Grounds for Permanent Debarment.
Any of the following may constitute grounds for permanent debarment of the contractor, subcontractor or consultant:
1. A final conviction under any state or federal statute or municipal ordinance, including a plea of nolo contendere, or final unappealable civil judgment of any one or more of the grounds listed below:
A. Fraud, bribery, collusion, conspiracy, theft, bid rigging, forgery, falsification, or destruction of records, receiving stolen property, perjury, embezzlement, or any other similar crime; B. For commission of a criminal offense arising out of obtaining or attempting to obtain a public or private contractor subcontract, or in the performance of such contractor subcontract; C. For any offense, action, or inaction indicating a lack of business integrity or business honesty.
2. The contractor has engaged in any corrupt practice in bidding, award, administration, or performance of a contract.
3. Person(s) representing contractor committed an act or omission so serious or compelling in nature that it affects the present responsibility of the contractor to be awarded a contract or to participate as a subcontractor.
7.06.040 Determination and Notice.
If grounds for debarment are found to exist under sections 7.06.020 or 7.06.030 above, the Assistant City Manager shall state the determination and the basis thereof in writing, and shall deliver a copy of such determination notice to the contractor via personal delivery or United States mail in a manner ensuring written confirmation of delivery.
7.06.050 Appeal Process.
The contractor shall have the opportunity to rebut any evidence used as a basis for the debarment and to present evidence to the City relating to why the contractor should not be debarred. The contractor may give written notice requesting the appeal to the City Clerk within ten (10) days following service of the City's debarment determination. Within thirty (30) days following receipt of the request for an appeal, the City Manager shall hear the appeal and may affirm or reverse the debarment or reverse the debarment. The City Manager's appeal determination shall serve as the City's final determination, and serves to exhaust the contractor's administrative remedies.
7.06.060 Term and Effect of Debarment.
A. Debarment constitutes debarment of all divisions or other organizational elements of the contractor for an initial period of up to three (3) years, unless the debarment decision is limited by its terms to specific divisions, organizational elements, or commodities, or unless the debarment is made permanent pursuant to Chapter 7.06.030 above.
B. Prior to expiration of the time period of any nonpermanent debarment imposed under this Chapter, the Assistant City Manager, or designee, may review the record of the evidence presented during the debarment proceedings, as well as any additional facts or information relevant to a review of the debarment. The Assistant City Manager may extend the existing non-permanent debarment, for an additional period of up to two (2) years, if the Assistant City Manager determines that such extension is necessary to protect the public interest. The appeal procedures established by Chapter 7.06.050 above, shall be applicable to such decision.
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C. Prior to expiration of the time period of any nonpermanent debarment imposed under this Chapter, the Assistant City Manager may shorten the debarment period for any reason which obviates the need for the debarment or which indicates a shorter debarment period will adequately protect the public interest.
Such reasons include, but are not limited to, the following:
(a) Newly-discovered material evidence that was not previously available to the parties; (b) Reversal of the conviction, civil judgment, or administrative penalty or sanction upon which the debarment was based;
(c) Bona fide changes in ownership or management;
(d) Elimination of other grounds for which debarment was imposed.
7.06.070 Continuation of Existing Contracts.
Debarment shall be deemed a material breach of any other contract between the City and the contractor, and any existing contracts between the City and the contractor may be terminated immediately upon debarment.
Notwithstanding the foregoing, the City may continue any and all contracts in existence at the time of debarment, upon a determination by the City Manager that such renewal or extensions is in the best interest of the City.
7.06.080 List of Debarred Contractors.
The City Clerk shall maintain a current consolidated list of all debarments. The list shall indicate the names and addresses of all debarred contractors, the grounds for debarment, and the termination date for each listing.
After the opening of bids or receipt of proposals, the City Clerk shall review the list of the debarments. Bids received from any listed contractor shall be recorded as received, and then rejected by reason of debarment.
Proposals, quotations, or offers received from any listed contractor shall not be evaluated for award or included in the competitive process by the applicable City department during the period the contractor is on the debarment list.
Chapter 7.08 PAYMENT OF DEMANDS
7.08.010 Purpose.
It is the purpose of this Chapter to describe procedures for the processing and payment of demands, bills, and other claims against the City arising out of contract, including bills for labor, material, and supplies furnished, not including payroll or claims for damages.
(Ord. No. 483)
7.08.020 Submission of Demand.
A. The demands shall contain a brief description of the labor, material, or supplies furnished, and the date and price.
B. The demands shall be accompanied by a requisition/purchase order signed by the City official ordering the labor, material, or supplies.
C. Contracts executed by the City calling for specific payments on specified dates shall constitute a demand for payment on such dates.
D. Demands shall be submitted to the Finance Division head. 17 September 9, 2024 Item 05
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7.08.030 Register of Demands.
A. The Finance Division head shall prepare a register of demands containing demands submitted over a preceding period of time. The Finance Division head shall sign a certificate on the register of demands that:
1. Each demand on this register reflects an indebtedness authorized by this City;
2. The financial data is correct; and
3. There are funds available to pay each demand.
B. When the register of demands has been certified by the Finance Division Head, it shall be submitted to the City Council for approval or rejection.
C. When the register of demands has been approved by the City Council, the City Clerk shall note the date on which the register was approved and the Mayor shall sign the document authorizing payment.
Chapter 7.20 ALTERNATIVE BID PROCEDURES FOR PUBLIC WORKS PROJECTS
7.20.010 Purpose.
The purpose of the following sections is to establish alternative bid procedures for public works projects ("Alternative procedures" or "Alternative bids"), as provided for by the California Uniform Public Construction Cost Accounting Act (the "Act").
(Ord. No. 866; Ord. No. 959 , § 1, 4-6-2020)
7.20.020 Alternative Bid Procedures.
Public projects, as defined by the Act and in accordance with the limits listed below pursuant to the Public Contract Code, may be let to contract by Alternative procedures. The applicable thresholds (provided below for reference purposes) shall be as provided in the Public Contract Code as the same may be amended from time to time.
A. Public projects of $60,000.00 or less may be performed by City employees by force account, by negotiated contract, or by purchase order.
B. Public projects of $60,000.01 - $200,000.00 may be let to contract by Alternative procedures as set forth in this Chapter. If all bids received are in excess of $200,000.00, the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, at $212,500.00 or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable.
C. Public projects of more than $200,000.00 shall, except as otherwise provided in the Act and this Chapter, be let to contract by formal bidding procedures. (Ord. No. 959 , § 1, 4-6-2020)
7.20.030 Contractors List.
A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission (the "Commission").
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7.20.040 Notice Inviting Alternative Bids.
A. Where a public project is to be performed pursuant to Subsection B of Section 7.20.020, a notice inviting Alternative bids shall be mailed, faxed, or e-mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 7.20.030, or mailed, faxed, or e-mailed to all construction trade journals as specified by the Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department soliciting bids.
1. If there is no list of qualified contractors maintained by the City for the category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission.
2. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting information bids may be sent exclusively to such contractor or contractors.
B. All mailing of notices to contractors and construction trade journals pursuant to Subsection A shall be completed not less than 15 calendar days before bids are due.
C. The notice inviting Alternative bids shall describe the project in general terms and how to obtain more detailed information about the project and shall state the time and place for the submission of bids. (Ord. No. 959 , § 1, 4-6-2020)
7.20.050 Award of Contracts.
The City Manager, or designee, is authorized to award contracts pursuant to Subsections A and B of Section
7.20.020 of this Chapter.
(Ord. No. 959 , § 1, 4-6-2020)
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Del Mar, California, Municipal Code
TITLE 7 EXPENDITURES
Del Mar, California, Municipal Code Created: 2024-02-23 09:16:09 [EST] (Supp. No. 8, Update 5)
TITLE 7
EXPENDITURES
Chapter 7.04 PURCHASE OF SUPPLIES, EQUIPMENT AND SERVICES
7.04.010 Purpose.
The purposes of this Chapter are to define the centralized system of the City of the purchase of supplies, equipment and services to provide for the fair and equitable treatment of all persons involved in the purchasing process, to obtain the highest possible value in exchange for public funds and to safeguard the quality and the integrity of the purchasing system.
(Ord. No. 547; Ord. No. 827)
7.04.015 Definitions.
For the purposes of this chapter, the following definitions apply:
A. “Appropriation” refers to funds set aside through the budgeting process by the City Council for a specific use.
B. “Best Value” means the best value to the City based on all factors, including, but not limited to, the following:
1. Cost;
2. The ability, capacity and skill of a vendor/contractor/consultant to perform a contract or provide the supplies, services or equipment required;
3. The ability of a vendor/contractor/consultant to provide the supplies, services or equipment promptly or within the time specified without delay or interferences;
4. The character, integrity, reputation, judgment, experience and efficiency of a vendor/contractor/consultant;
5. The quality of a vendor/contractor/consultant’s performance on previous purchases by the City; and
6. The ability of a vendor/contractor/consultant to provide future maintenance, repairs, parts and services for the use of the supplies purchased.
C. “Change Order” is synonymous to “amendment” and is a written amendment executed by both parties to a contract modifying the terms of an existing contract. A change order may revise, add to, or delete previous requirements of the work, adjust the contract sum, or adjust the time for completion of the contract.
D. “Contract” is synonymous to “Agreement” and, regardless of which term is used, it means an agreement between the City and one or more other parties for the purchase or disposition of goods, services, professional services, and/or construction projects.
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E. “Cooperative Purchasing” is a form of purchasing that utilizes the competitive pricing and terms of a contract or program entered into by another government entity or cooperative program that includes other governmental agencies following a bidding process (also referenced as "piggybacking").
F. “Debarment” or “Debarred” means the administrative action taken by the City to declare that a Contractor is ineligible to submit a bid, or be awarded a service, procurement, public works contract, or any other contract with the City. Debarment is an administrative sanction to be imposed only in the public interest for the City's protection, and is not imposed for purposes of punishment.
G. “Emergency” means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. Determination of an "emergency" is defined as any breakdown in machinery or equipment, the interruption of an essential service, or any threat to public health, safety or welfare.
Determination of emergency shall not require a formal proclamation, but shall be based upon the sound judgment and discretion of the City Manager or an authorized Purchasing Officer, as applicable.
H. “Responsible Bidder” means a bidder determined by the awarding authority to have demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the contract, including but not limited to being able to provide future maintenance, repair, parts and service for the use of the goods purchased, and if applicable; and having a record of satisfactory performance under prior contracts with the City or other purchasers where such bidder has previously been awarded such contract.
I. “Responsive Bidder” means a bidder determined by the City to have submitted a bid or proposal that conforms in all material respects to the requirements of the bid, contract, or proposal documents.
J. “Professional Services” means all professional or special services that involve the exercise of professional discretion and independent judgment based on advanced or specialized knowledge, expertise or training gained by formal study or experience. Professional services are performed by persons in a professional occupation, provide a recommended course of action or personal expertise, or provide an end product or service. Professional services include, but are not limited to, consulting and performing services for accounting, auditing, computer hardware and software support, architectural, engineering, planning, environmental, land surveying, construction project management, redevelopment, financial, economic, personnel, social services, animal control, legal, management, communication, and other similar professional functions which may be necessary for the operation of the City.
K. “Proposal” is synonymous to “bid” and means an offer at set prices and terms or an offer to enter into a contract submitted in response to a notice inviting bids or a request for proposals or request for qualifications.
L. “Purchases” means supplies, materials, equipment and personal property and any transaction by which the City acquires ownership, as well as leases or rentals.
M. “Specifications” means the description of the physical and/or functional characteristics or of the nature of the required goods, services, professional services, and/or construction projects.
A.N.“Task Order” is a type of sub-contract issued by the City to a vendor/consultant/contractor who has already been awarded the initial contract. Task Orders are intended to initiate a specific job to meet the over-arching goals of the main contract.
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7.04.020 Purchasing Officer.
A. Each department head of the City is designated as Aa "Purchasing Officer" is each department head of the City or their designee for that department head's departmentthe department they oversee.
B. In addition to administering the other procedures of this Chapter, the Purchasing Officer:
1. Shall keep informed of current developments in market conditions and new products and shall maintain a bidders list, vendors catalogue file, and records needed for the efficient purchase of supplies and equipment for the Purchasing Officer's department;
2. Shall first consider sources of supplies, services and equipment located within the City;
3. May prescribe and maintain such forms and supplemental procedures as are reasonably necessary for the operation of the Purchasing Officer's department in accordance with this Chapter; and
34. Shall inspect supplies and equipment delivered to determine their conformance with the specifications, and may require the vendor to reimburse the City for the performance of chemical and physical tests on samples.
54. For services, shall review the services performed by the consultant/service provider and authorize payment only after determining services have been satisfactorily performed.
C. The City Manager may authorize, in writing, a City employee to purchase specified supplies and equipment, independently from the Purchasing Officer of a City department. The authorized employee shall comply with the procedures of this Chapter and shall make periodic reports to the City Manager on the status of the purchase. The City Manager shall ensure that each individual so authorized has filed a financial disclosure statement in accordance with this Code.
7.04.030 Determination of Requirement and Status for Purchasing Supplies, Services and Equipment.
A. The adopted budget for each department shall include the needs for supplies and equipment of that department during the fiscal year.
B. Each Purchasing Officer shall ensure that sufficient documentation is submitted with the request for payment to demonstrate compliance with the procedures of this Chapter and to justify the acquisition and acceptance of the supplies or equipment.
C. Each Purchasing Officer shall submit a report to the City Manager showing all supplies and equipment on hand in the department that are no longer useful to the department upon request. The Purchasing Officer may exchange or trade in such supplies and equipment as part of a purchase only after approval from City Manager. The City Manager may direct the transfer of surplus supplies and equipment to another City department. The City Manager may direct the disposal of such surplus supplies and equipment. The City Manager shall have the authority to delegate the disposal of such surplus and equipment as set forth in this Chapter by memorandum or by administrative order.
7.04.040 RequisitionBasic Purchase —$1,5005,000.00 or Less.
If the estimated value of the purchase of supplies, services or equipment is $1,5005,000.00 or less, the Purchasing Officer may:
A. Select a vendor, without bid;
B. Send requisition to Finance Department;
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BC. Complete the purchase transaction or place the order; and CD. After supplies, services or equipment have been received, submit the invoice to the Director of Finance Division head for placement on the warrant list/list of demands.
7.04.050 SameMinor Purchase —$1,500.01 to $5,000.010 - $60,000.00.
If the estimated value of the purchase of supplies, services, excluding professional services, or equipment is $1,500$5,000.01 or more, but less than $650,000.01, the Purchasing Officer shall:
A. Solicit informal bids/proposals by written and telephonic request to prospective vendors.
B. Require bids/proposals to be in writing and transmitted to the City as specified in the bid documents.
C. Seek at least three bids/proposals, unless the purchase qualifies for exemption procedure set forth in Chapter 7.04.090.
D. Recommend the responsible and responsive bidder with the lowest bid price in conformity with the specifications and/or qualifications as appropriate.
1. If the goods, services, and/or equipment specified in the request are of a generic quality and a vendor with particular attributes is not required to meet the needs of the City and the purposes of this chapter, then the Purchasing Officer shall select the bidder whose proposal offers to sell the supplies/equipment at the lowest price.
2. If vendor reliability, experience, availability, or expertise is a component of meeting the needs of the City and the purposes of this Chapter, then the Purchasing Officer shall award a purchase based on best value and need not necessarily purchase from the bidder proposing the lowest price.
2. E. Prepare and submit a requisition to the Director of Finance Division head for approval.
F. The Director of Finance Division head or their designee will issue a purchase order to the selected vendor.
G. After supplies, services or equipment have been received, the Purchasing Officer shall submit the invoice to the Director of Finance Division head for placement on the warrant list/list of demands.
H. The Purchasing Officer shall have the option to purchase goods, services, and/or equipment in an amount of $5,000.01 or more, but less than $60,000.01, utilizing the formal bidding procedure set forth in Chapter 7.04.060.
7.04.060 Same—$5,000.01 to $15,000.00.
If the estimated value of the purchase of supplies, services or equipment is $5,000.01 or more, but less than $15,000.01, the Purchasing Officer shall:
A. Post a notice inviting bids/proposals on the bulletin board in City Hall at least ten days before the date of opening of the bids.
B. Solicit bids/proposals by written and telephonic request to prospective vendors.
C. Require bids/proposals to be in writing.
D. Seek at least three bids/proposals.
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E. Recommend the responsible vendor with the lowest bid price in conformity with the specifications and/or qualifications as appropriate.
F. Prepare and submit requisition to the Director of Finance for approval.
G. The Director of Finance will issue a purchase order to the selected vendor.
H. After supplies, services or equipment have been received, submit the invoice to the Director of Finance for placement on the warrant list.
7.04.070 Issuance of Requisition and Purchase Order.
Except where specific authority is first obtained from the City Manager, the Purchasing Officer may not prepare or submit a requisition for supplies, services or equipment unless there exist an unencumbered appropriation in the fund account against which the purchase is to be charged.
7.04.0680 ContractMajor Purchase—More than $6015,000.010 or more.
If the estimated value of the purchase of supplies, services, excluding professional services, or equipment is more than $6015,000.01 or more, the following provisions shall be satisfied:
A. If funds have not been appropriated in the current fiscal year for the supplies, services or equipment, the Purchasing Officer shall receive authorization from City Council to solicit bids and/or proposals.
B. Provided the City Council has authorized the solicitation of bids and/or proposals or funds have been appropriated in the current fiscal year, the Purchasing Officer shall proceed as follows:
1. For the purchase of supplies, equipment, and services, excluding professional services, the Purchasing Officer shall Ppublish an electronic notice soliciting bids/proposals on the City’s website at least ten fifteen days before the date of opening of the bids or proposal submittal date.
2. Mail the notice soliciting bids/proposals at least ten days before the date of opening of the bids.
3. Post the notice soliciting bids/proposals on the public bulletin board in City Hall.
2. For the purchase of Public Works construction and capital improvement projects that are not subject to the alternative bidding procedure as set forth in Chapter 7.20, a notice soliciting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The first publication or posting of the notice shall be at least 15 days before the date of opening the bids. In addition to posting the Notice on the City’s website or bid platform, the Notice shall be published at least twice, not less than five days apart, in a newspaper of general circulation, or as required by the Public Contract Code.
C. The Purchasing Officer shall include in the notice soliciting bids/proposals:
1. The requirement that the bid/proposal be in writing.
2. For Public Works construction and capital improvement projects, the requirement that the bid must be sealed.and that it be sealed.
32. A general description of the supplies, services or equipment sought to be purchased.
43. The location where bid blanks, specifications and/or required services and qualifications may be obtained.
54. The time and place for opening bids/proposals.
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65. The security required, if any.
7. The Purchasing Officer has authority to require a performance and/or payment bond as a condition of any contract in such amount as is reasonably necessary to protect the best interests of the City. If the Purchasing Officer requires a performance/payment bond, the form and amount of the bond shall be described in the notice inviting bids.
D. The Purchasing Officer may require a security deposit to be submitted as a condition for considering a bid/proposal. The amount of the security deposit shall be sufficient to reimburse the City for costs incurred if the bidder is successful but fails to execute the contract or fails to perform obligations under the contract. Bid security shall be returned to each unsuccessful bidder. A successful bidder shall forfeit their security upon refusal or failure to execute a contract within 15 days after notice of award of that contract, unless the City is responsible for the delay. The City may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible and responsive bidder. If the City awards the contract to the next lowest bidder, the amount of the lowest bidder’s security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. .
E. The City Clerk or their designee shall open the sealed bids/proposals in public and non-sealed bids/proposals internally and submit to the City Council a recommendation regarding the award of the contract.
F. The City Council may award the contract to the responsible and responsive bidder submitting the lowest bid for Public Works constructions and capital improvement projects, in conformity with the specifications, or to other bidder for other services, or may reject all bids presented, or waive any minor irregularity or informality in such bids.
G. If two or more bids received are of the same total amount, the City Council may award the contract to the bidder of the Council’s choice or direct the Purchasing Officer to further negotiate with the tie bidders. The City Council may and thereafter the City Council award the contract to the lowest negotiated bidder..
H. After the City Council awards the contract, the Purchasing Officer shall may submit a written requestpurchase requisition to the Director of Finance Division head to encumber the funds.
7.04.070 Issuance of Requisition and Purchase Order.
Except where specific authority is first obtained from the City Manager, the Purchasing Officer may not prepare or submit a requisition for supplies, services or equipment unless there exist an unencumbered appropriation in the fund account against which the purchase is to be charged.
7.04.080 Emergency Purchases
In case of an emergency as defined in Section 7.04.015 of this Chapter, which requires immediate purchase of supplies, materials, equipment or contractual services, the City Manager may authorize the Purchasing Officer to secure in the open market at the lowest obtainable price any supplies, materials, equipment or contractual services, regardless of the amount of the expenditure; provided, however, that any expenditure exceeding the City Manager's established approval authority shall be later ratified by the City Council at the first available public meeting following the commitment to the expenditure.
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7.04.090 Exemption from Bidding.
Where otherwise required by this Chapter, the following procurements, contracts or transactions are exempted from the provisions of this Chapter, at the discretion of the City Manager:
A. Emergency procurements for construction, equipment, or repairs, goods, and/or services; B. Goods and/or services that can be reasonably obtained from only a single source; C. Sufficient, satisfactory bids are not received or after solicitation of a number of sources, competition is determined inadequate;
D. Items required to match or be compatible with other goods, furnishings, materials or equipment previously purchased by the City;
E. Goods, furnishings, types of materials or equipment that have been standardized for the City by the City Manager or by the City Council;
F. Utility services and related charges;
G. Goods, services and/or professional services obtained from or through agreement with any governmental, public or quasi-public agency where the agency contracted for goods, services and/or services through a competitive process as described in Section 7.04.100; H. Real property leases or purchases and related title and escrow fees, to the extent permitted by law; I. Insurance and bonds;
J. Advertising in magazines, newspapers or other media; K. Works of art, entertainment or performers;
L. Library collection materials or services or other books or periodicals; M. Membership dues, conventions, training, travel arrangements including hotels, car rentals and airfare; N. Surplus personal property owned by another government, public or quasi-public entity; O. Public projects governed by alternative bidding procedures as set forth in Chapter 7.20; P. Purchases of gasoline, oil or emergency automotive needs; Q Transportation and freight charges when not specifically included on a purchase order; R. Demolition or abatement of dangerous structures or hazardous or unsafe conditions; S. Information technology purchases and software licensing, maintenance or upgrades to existing software purchased from the same contractor;
T. Payroll related activities or transactions;
U. For procurement under award of Federal assistance, when the Federal awarding agency or passthrough entity expressly authorizes noncompetitive proposals in response to a written request from the City;
VO. Situations where solicitations of bids or proposals for goods, services and/or professional services would be, in the discretion of the awarding authority, impractical, unavailing, impossible, or not in the best interests of the City.
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7.04.100 Cooperative Purchasing.
The Purchasing Officer shall have the authority to join with other public or quasi-public agencies in cooperative purchasing plans or programs for the purchase of goods and/or services by contract, arrangement or agreement as allowed by law and as determined by the Purchasing Officer to be in the City's best interest. For purposes of this section, the determination of whether it is in the City's best interest shall include consideration of whether the procedure used by the public or quasi-public entity was competitive or otherwise resulted in a competitive price. The Purchasing Officer may buy directly from a vendor at a price established by another public agency when the other agency has made their purchase in a competitive manner. . Such cooperative purchasing programs and agreements include, but are not limited to, the California Multiple Award Schedules program (“CMAS”), the U.S. General Services Administration (“GSA”) Multiple Award Schedule program, Sourcewell, the 0U.S. Communities Government Purchasing Alliance, and other similar programs. The Purchasing Officer also may purchase from the United States of America or any state, municipality or other public corporation or agency without following formal or informal purchasing procedures.
7.04.110 Professional and Special Services.
For purposes of this section, Professional Services as defined in Section 7.04.015 of this Chapter, shall be purchased as follows: shall mean the procurement of services that involve the exercise of professional discretion and independent judgment based on advanced or specialized knowledge, expertise or training gained by formal study or experience. Special services shall mean those services that the City Manager has determined the City lacks sufficient personnel with the necessary training and expertise to perform the services or to perform such services in a timely manner.
A. It is in the best interest of the public, as allowed by State law, that contracts for professional and special services be awarded based on the demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required. The Purchasing Officer may negotiate with qualified firms or individuals to obtain a fair and reasonable price for the services to ensure best value to the City and is not required to award a contract to the lowest responsible bidder.
Notwithstanding the foregoing, once demonstrated competence and qualifications have been established, expense may be considered as one factor in the selection of a consultant hereunder.
B. Procurement of professional or special services where the total cost of services provided in a 12- monthcontract period is $6015,000.00 or less shall be made using simplified and cost effective operational procedures and forms approved by the City Manager and in accordance with Sections
7.04.040, 7.04.050 and 7.04.060 and of this Chapter.
C. Professional or special services where the cost of services provided in a 12-month periodcontract period is more than $6015,000.01 or more,0 or has no pre-determined cost (for example, as-needed services) shall be procured as follows:
1. The Purchasing Officer shall obtain the names of at least three firms or individuals that are, or have within the preceding 12 months, provided substantially similar services to public agencies.
The Purchasing Officer may waive the requirements for solicitation of multiple proposals if only one individual or firm can reasonably provide the professional services, and it is in the best interest of the City to waive the requirement.
2. A request for proposal or qualifications shall be published on the City’s website and provided to all potential candidates outlining the scope of services required, time frame for completion, pricing structure, liability insurance information and coverage and other pertinent information.
Professionals must submit their responses in the specified format no later than the stated final due date for proposals. The response must include written acceptance of the terms of City’s 27 September 9, 2024 Item 05
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standard agreement, Including liability and other insurance information and coverage requirements.
3. The evaluation process will be based on the criteria stated in the request for proposal but will generally include the scope of services offered, the professional's capabilities and previous experience in the field.
4. After the proposals are evaluated, the Purchasing Officer will may negotiate an agreement with the selected professional. If an agreement is not reached within a reasonable time, the Purchasing Officer will may terminate discussion with the first candidate and open negotiations with the second choice.
5. The City Council shall approve agreement for as-needed professional services with no predetermined contractual cost or those with the total contractual cost exceeding City Manager’s signing authority.
6. The City Council may waive the bid requirements of this chapter when it is necessary or convenient for the management of the City's affairs.
7. The provisions of this Chapter shall not apply where the City Manager determines that the services needed are of a technical nature and involve little professional judgment, and that selecting the lowest responsible bidder would be in the public's interest.
D. The City Manager shall may develop and maintain a procedure whereby architects, engineers, land surveyors and construction project management firms may submit annual statements of qualifications and performance data. The Purchasing Officer may directly solicit proposals from appropriate firms from the list in-lieu of competitive solicitation.
7.04.120 City Manager Contracting Authority.
A. The City Manager shall have the authority to award the contracts as below.
1. All procurement of Professional/Specialprofessional services, supplies, goods and/or materials, capital outlay items approved by the City Council during the applicable budget year including those procured by Chapter 7.16, for which the total contractual cost to the City is $6015,000.00 or less.
2. All procurement of supplies, goods and/or materials for which the cost to the City is $15,000.00 or less; and
3. All capital outlay items approved by the City Council during the applicable budget year in an amount of $15,000.00 or less; and
24. Change orders/amendments, including term extensions, for contracts for the purchases of supplies, services and equipment provided the total contractual cost does not exceed the lesser of 20 percent of the original bid amount or $6015,000.00 or the contingency amount set when the initial contract was awarded, and sufficient unencumbered funds exist or have been previously appropriated for the specific contract. In circumstances when the Council-approved contingency exceeds $60,000.00, and the delay in work is anticipated to result in significant costs, the City Manager is authorized to execute a single change order up to the full amount of the approved contingency, provided that there are sufficient funds in the allocated project budget. The City Manager shall report the change order to the City Council at its next regularly scheduled meeting.; and Change orders for an amount of more than $15,000.00 shall require City Council approval. 3. Task orders for as-needed agreements approved by City Council with each task order amount not exceeding $60,000.00.
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4. Task orders for as-needed agreements approved by City Council for any task order amount if the City acts as a pass-through agency and the cost is covered by a third party.
5. Public Works projects in accordance with Chapter 7.20.020 of this Chapter.
6. Emergency purchases exceeding $60,000.00 as set forth in Chapter 7.04.080
77. Notwithstanding the foregoing, any change order that results in the need for additional budget appropriation or that is in excess of the City Manager’s authority as described above or extends the term of a contract for more than three months beyond the original term shall be approved by the City Council.
B. The City Manager shall approve alternate procurement methods, if appropriate, for use on an experimental basis, and recommend to the City Council additions, deletions or modifications to the City's procurement methods.
C. The City Manager shall have the authority to delegate the awarding of contracts, amendments and change orders for goods and services as set forth in this Chapter by memorandum or by administrative order.
D. Upon request of the City Council, the City Manager shall submit a report to the City Council identifying all contracts, including the amount of each contract that has been awarded administratively.
7.04.130 Compliance Required—Effect of Noncompliance.
No obligation for the payment of supplies, services and equipment shall be incurred by the City except as prescribed by this Chapter. Any agreement entered into contrary to the provisions of this Chapter shall be void and any claim or demand against the City based thereon shall be invalid.
Chapter 7.06 DEBARMENT OF CONTRACTORS
7.06.010 Purpose.
Debarment is an administrative sanction to be imposed only in the public interest or for the City’s protection, and not for purposes of punishment. Debarment is designed to ensure full and open competition by granting awards only to responsible contractors. Debarment prohibits the awarding of contracts to, and the execution of contracts with, a debarred contractor. This Chapter establishes debarment and the procedure for imposition of debarment.
7.06.020 Grounds for Temporary Debarment.
In addition to all other remedies permitted by law, upon a finding of grounds as set forth in this Chapter, the Assistant City Manager, or designee, may declare debarment of a contractor for any of the following reasons:
1. Two or more counts of computational or other errors in bid submission within a two-year period;
2. Failure or refusal to timely provide or properly execute contract documents, meet bonding or insurance requirements acceptable to the City in the time periods required by the contract;
3. Unsatisfactory performance of contract, including, but not limited to:
(a) material breach of the contract or failure or refusal to honor or observe contractual obligations or legal requirements pertaining to the contract;
(b) unjustified failure to complete the required work on time and/or within budget; (c) substandard quality of work and/or materials;
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(d) failure or refusal to properly perform or complete contract work or warranty performance.
4. Violations of any labor or safety statutes, regulations or standards including, but not limited to, applicable local, state, or federal statutes, regulations or standards governing prevailing wage, occupational safety and health, and nondiscrimination requirements;
5. Violations of any law or regulation governing the handling, transfer, storage, or disposal of hazardous materials or hazardous waste, or of solid waste generated in connection with construction or demolition;
6. Submission of a bid, proposal, or other document which is known by contractor to be false, or the submission of a false or fraudulent claim;
7. Knowingly doing business with a debarred third party in performance of any City contract awarded after debarment of said third party;
8. Any finalized debarment of the contractor by another governmental agency on grounds justifying debarment under this Chapter, during the period of such debarment;
9. The contractor, subcontractor or consultant performs, or fails to perform, the contract in such a way that environmental damage results, or a violation of environmental laws or permits is committed.
7.06.030 Grounds for Permanent Debarment.
Any of the following may constitute grounds for permanent debarment of the contractor, subcontractor or consultant:
1. A final conviction under any state or federal statute or municipal ordinance, including a plea of nolo contendere, or final unappealable civil judgment of any one or more of the grounds listed below:
A. Fraud, bribery, collusion, conspiracy, theft, bid rigging, forgery, falsification, or destruction of records, receiving stolen property, perjury, embezzlement, or any other similar crime; B. For commission of a criminal offense arising out of obtaining or attempting to obtain a public or private contractor subcontract, or in the performance of such contractor subcontract; C. For any offense, action, or inaction indicating a lack of business integrity or business honesty.
2. The contractor has engaged in any corrupt practice in bidding, award, administration, or performance of a contract.
3. Person(s) representing contractor committed an act or omission so serious or compelling in nature that it affects the present responsibility of the contractor to be awarded a contract or to participate as a subcontractor.
7.06.040 Determination and Notice.
If grounds for debarment are found to exist under sections 7.06.020 or 7.06.030 above, the Assistant City Manager shall state the determination and the basis thereof in writing, and shall deliver a copy of such determination notice to the contractor via personal delivery or United States mail in a manner ensuring written confirmation of delivery.
7.06.050 Appeal Process.
The contractor shall have the opportunity to rebut any evidence used as a basis for the debarment and to present evidence to the City relating to why the contractor should not be debarred. The contractor may give written notice requesting the appeal to the City Clerk within ten (10) days following service of the City's debarment determination. Within thirty (30) days following receipt of the request for an appeal, the City Manager shall hear the appeal and may affirm or reverse the debarment or reverse the debarment. The City Manager's appeal 30 September 9, 2024 Item 05
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determination shall serve as the City's final determination, and serves to exhaust the contractor's administrative remedies.
7.06.060 Term and Effect of Debarment.
A. Debarment constitutes debarment of all divisions or other organizational elements of the contractor for an initial period of up to three (3) years, unless the debarment decision is limited by its terms to specific divisions, organizational elements, or commodities, or unless the debarment is made permanent pursuant to Chapter 7.06.030 above.
B. Prior to expiration of the time period of any nonpermanent debarment imposed under this Chapter, the Assistant City Manager, or designee, may review the record of the evidence presented during the debarment proceedings, as well as any additional facts or information relevant to a review of the debarment. The Assistant City Manager may extend the existing non-permanent debarment, for an additional period of up to two (2) years, if the Assistant City Manager determines that such extension is necessary to protect the public interest. The appeal procedures established by Chapter 7.06.050 above, shall be applicable to such decision.
C. Prior to expiration of the time period of any nonpermanent debarment imposed under this Chapter, the Assistant City Manager may shorten the debarment period for any reason which obviates the need for the debarment or which indicates a shorter debarment period will adequately protect the public interest.
Such reasons include, but are not limited to, the following:
(a) Newly-discovered material evidence that was not previously available to the parties; (b) Reversal of the conviction, civil judgment, or administrative penalty or sanction upon which the debarment was based;
(c) Bona fide changes in ownership or management;
(d) Elimination of other grounds for which debarment was imposed.
7.06.070 Continuation of Existing Contracts.
Debarment shall be deemed a material breach of any other contract between the City and the contractor, and any existing contracts between the City and the contractor may be terminated immediately upon debarment.
Notwithstanding the foregoing, the City may continue any and all contracts in existence at the time of debarment, upon a determination by the City Manager that such renewal or extensions is in the best interest of the City.
7.06.080 List of Debarred Contractors.
The City Clerk shall maintain a current consolidated list of all debarments. The list shall indicate the names and addresses of all debarred contractors, the grounds for debarment, and the termination date for each listing.
After the opening of bids or receipt of proposals, the City Clerk shall review the list of the debarments. Bids received from any listed contractor shall be recorded as received, and then rejected by reason of debarment.
Proposals, quotations, or offers received from any listed contractor shall not be evaluated for award or included in the competitive process by the applicable City department during the period the contractor is on the debarment list.
Chapter 7.08 PAYMENT OF DEMANDS
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7.08.010 Purpose.
It is the purpose of this Chapter to describe procedures for the processing and payment of demands, bills, and other claims against the City arising out of contract, including bills for labor, material, and supplies furnished, not including payroll or claims for damages.
(Ord. No. 483)
7.08.020 Submission of Demand.
A. The demands shall contain a brief description of the labor, material, or supplies furnished, and the date and price.
B. The demands shall be accompanied by a requisition/purchase order signed by the City official ordering the labor, material, or supplies.
C. Contracts executed by the City calling for specific payments on specified dates shall constitute a demand for payment on such dates.
D. Demands shall be submitted to the Director of Finance Division head.
7.08.030 Register of Demands.
A. The Director of Finance Division head shall prepare a register of demands containing demands submitted over a preceding period of time. The Director of Finance Division head shall sign a certificate on the register of demands that:
1. Each demand on this register reflects an indebtedness authorized by this City;
2. The financial data is correct; and
3. There are funds available to pay each demand.
B. When the register of demands has been certified by the Director of Finance Division Head, it shall be submitted to the City Council for approval or rejection.
C. When the register of demands has been approved by the City Council, the City Clerk shall note the date on which the register was approved and the Mayor shall sign the document authorizing payment.
Chapter 7.16 ACQUISITION OF SERVICES FROM ARCHITECTS, ENGINEERS, LAND
SURVEYORS, CONSTRUCTION MANAGEMENT FIRMS
7.16.010 Requirement.
A. Unless otherwise provided, the City's selection of architects, engineers, land surveyors, and construction project management firms to provide professional services by contract with the City shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the professional services required. (Government Code §§ 4525, et seq.) B. The provisions of this Chapter shall not apply where the City Manager determines that the services needed are of a technical nature and involve little professional judgment, and that selecting the lowest responsible bidder would be in the public's interest.
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7.16.020 Contracting Officer.
Unless otherwise specified by the City Council for a particular contract, the City Manager or his designee shall be the Contracting Officer for purposes of this Chapter.
7.16.030 Annual Statements of Qualifications.
The City Manager shall develop and maintain a procedure whereby architects, engineers, land surveyors and construction project management firms may submit annual statements of qualifications and performance data.
7.16.040 Selection Procedures.
For each proposed professional contract:
A. The Contracting Officer shall establish the professional competence and qualifications necessary to be possessed by a firm in order to be awarded the proposed professional services contract.
B. The Contracting Officer may publish a notice that the City is proposing to award a contract to obtain specified, professional services.
C. The Contracting Officer may directly solicit proposals from appropriate firms.
D. The Contracting Officer may discuss with one or more firms the alternative methods for providing the required professional services.
E. The Contracting Officer may conduct further negotiations with one or more of the most qualified firms to fully clarify each firm's offer to provide services.
7.16.050 Award of Contract.
For any contract over $15,000.00, the Contracting Officer shall submit the proposals of the most qualified firm or firms together with a recommended action to the City Council for review and awarding of the professional services contract.
(Ord. No. 827)
Chapter 7.20 ALTERNATIVE BID PROCEDURES FOR PUBLIC WORKS PROJECTS
7.20.010 Purpose.
The purpose of the following sections is to establish alternative bid procedures for public works projects ("Alternative procedures" or "Alternative bids"), as provided for by the California Uniform Public Construction Cost Accounting Act (the "Act").
(Ord. No. 866; Ord. No. 959 , § 1, 4-6-2020)
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7.20.020 Alternative Bid Procedures.
Public projects, as defined by the Act and in accordance with the limits listed below pursuant to the Public Contract Code, may be let to contract by Alternative procedures. The applicable thresholds (provided below for reference purposes) shall be as provided in the Public Contract Code as the same may be amended from time to time.
A. Public projects of $60,000.00 or less may be performed by City employees by force account, by negotiated contract, or by purchase order.
B. Public projects of $60,000.01 -$200,000.00 or less may be let to contract by Alternative procedures as set forth in this Chapter. If all bids received are in excess of $200,000.00, the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, at $212,500.00 or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable.
C. Public projects of more than $200,000.00 shall, except as otherwise provided in the Act and this Chapter, be let to contract by formal bidding procedures. (Ord. No. 959 , § 1, 4-6-2020)
7.20.030 Contractors List.
A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission (the "Commission").
(Ord. No. 959 , § 1, 4-6-2020)
7.20.040 Notice Inviting Alternative Bids.
A. Where a public project is to be performed pursuant to Subsection B of Section 7.20.020, a notice inviting Alternative bids shall be mailed, faxed, or e-mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 7.20.030, or mailed, faxed, or e-mailed to all construction trade journals as specified by the Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department soliciting bids.
1. If there is no list of qualified contractors maintained by the City for the category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission.
2. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting information bids may be sent exclusively to such contractor or contractors.
B. All mailing of notices to contractors and construction trade journals pursuant to Subsection A shall be completed not less than ten 15 calendar days before bids are due.
C. The notice inviting Alternative bids shall describe the project in general terms and how to obtain more detailed information about the project and shall state the time and place for the submission of bids. (Ord. No. 959 , § 1, 4-6-2020)
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7.20.050 Award of Contracts.
The City Manager, or designee, is authorized to award contracts pursuant to Subsections A and B of Section
7.20.020 of this Chapter.
(Ord. No. 959 , § 1, 4-6-2020)
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Jennifer Gavin, Associate Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: September 9, 2024
SUBJECT: Resolution Approving Tentative Parcel Map TPMC23-001 and Coastal Development Permit CDP24-004
Applicant/Owner: Deal Del Mar LLC
Assessor Parcel Numbers (APN): 300-181-07-00
Location: 730-750 Stratford Court
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution (Attachment A) conditionally approving Tentative Parcel Map TPMC23-001 and Coastal Development Permit CDP24-004 to convert an existing detached residential duplex (two detached dwelling units) to condominium ownership.
BACKROUND:
The subject property comprises a single lot measuring 7,994 square feet and is developed with two (2) detached, two-story residential units originally constructed in 2012 pursuant to approved Design Review Permit DRB08-20 and Coastal Development Permit CDP08-11. The lot is defined as a corner lot with frontages on Little Orphan Alley to the south, 8th Street to the north, and Stratford Court to the east. The property is rectangular in shape, compliant with minimum size and dimensional standards for the R2 Zone, and is landscaped with mature vegetation. The site’s topography is relatively flat with the property to the west terraced down at a lower elevation. All surrounding properties are developed with exclusively single-family or duplex residential structures of similar age, scale, and massing.
Planning Commission Review/Recommendation
On August 13, 2024, the Planning Commission unanimously recommended City Council approval of applications TPMC23-001 and CDP24-004 via Resolution (Attachment B). 1 September 9, 2024 Item 07
City Council Agenda Report
Resolution Approving TPMC23-001 and CDP24-004
September 9, 2024
DISCUSSION/ANALYSIS:
Project Description
The applicant is requesting approval of Tentative Parcel Map TPMC23-001 and Coastal Development Permit CDP24-004 to allow for a subdivision of airspace and individual (condominium) ownership of each of the property’s two (2) residential dwelling units. The property would remain a single lot and with ownership and maintenance shared by the two (2) owners in accordance with recorded covenants, codes, and restrictions (CC&R’s).
Minor physical improvements to the pool/spa and fencing/walls to facilitate the physical division of ownership areas on the site were proposed and approved under a separate application (ADR24-003). No physical improvements to the residential structures (including changes to existing landscaping and trees) are proposed.
Subdivision Review (DMMC Title 24)
Title 24 of the Del Mar Municipal Code (DMMC) stipulates requirements for subdivisions and further implements requirements of California’s Subdivision Map Act. Chapter 24.40 of the DMMC provides specific procedures and requirements that regulate conversion of existing rental housing to condominium ownership (subdivision of airspace) with the goals of:
Reducing the impact of such conversions on residents who may be required to relocate due to the conversion of apartments to condominiums by providing procedures for notification and adequate time and assistance for such relocation. Assuring that purchasers of converted housing have been properly informed as to the physical conditions of the structure which is offered for purchase. Ensuring that converted housing achieves a high degree of appearance, quality, and safety, and is consistent with the goals of the City.
Specifically, staff finds that the Tentative Map is consistent with the relevant sections of the DMMC as further described in the Planning Commission agenda report (August 13, 2024) included as Attachment C.
Coastal Development Permit Review (DMMC Chapter 30.75)
The applicant is proposing a condominium subdivision (as defined in §30.04.180 of the DMMC) on land located with the City’s Coastal Overlay and the appeals jurisdiction of the California Coastal Commission, and therefore requires approval of a Coastal Development Permit (CDP) in accordance with the City’s Local Coastal Program (LCP).
Staff finds that the proposed subdivision complies with all applicable standards for subdivisions and is consistent with the City’s LCP. As such, staff recommends approval of the CDP as provided in the Resolution (Attachment A) and as further described in the Planning Commission (August 13, 2024) agenda report included as Attachment C. 2 September 9, 2024 Item 07
City Council Agenda Report
Resolution Approving TPMC23-001 and CDP24-004
September 9, 2024
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the City Council related to this agenda item as this is a private development proposal. All fees associated with the project and CEQA processing have been paid by the Applicant.
ENVIRONMENTAL IMPACT:
Pursuant to the California Environmental Quality Act (CEQA), the Project is found to be Categorically Exempt pursuant to Section 15315 (Class 15 - Minor Land Divisions) in that it proposes a division of property zoned for residential use within an urbanized area into four or fewer parcels, in conformance with the General Plan and Zoning, which does not request a variance from standards, has all services and access available, has not been involved in a division of a larger parcel within the previous two years, and does not have an average slope greater than 20 percent.
HOUSING IMPACT:
The recommended action will not have any impact to the number of residential units in the City as the existing units will remain. An in-lieu housing impact fee will be paid to accommodate future low-income housing efforts for the City.
ATTACHMENTS:
Attachment A - Resolution Approving TPMC23-001/CDP24-004 Attachment B - Planning Commission Resolution PC-2024-07 Attachment C - Planning Commission agenda report (August 13, 2024) 3 September 9, 2024 Item 07
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, APPROVING TENTATIVE PARCEL MAP
(CONDOMINIUM) TPMC23-001 AND COASTAL
DEVELOPMENT PERMIT CDP24-004 TO CONVERT AN
EXISTING RESIDENTIAL DUPLEX (AS TWO DETACHED
UNITS) TO CONDOMINIUM OWNERSHIP, ON LAND LOCATED
WITHIN THE HIGH DENSITY RESIDENTIAL (R2) ZONING AND
COASTAL OVERLAY DISTRICTS AT 730 AND 750
STRATFORD COURT, DEL MAR, CALIFORNIA (APN: 300-181-
07-00)
WHEREAS, Deal Del Mar, LLC (Applicant) applied for Tentative Parcel Map (Condo) TPMC23-001 and Coastal Development Permit CDP24-004; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (“CEQA”) the Project is found to be Categorically Exempt per Section 15315 (Class 15 - Minor Land Divisions) because the Project is two lot subdivision of property zoned for residential use within an urbanized area into four or fewer parcels, in conformance with the General Plan and Zoning, does not request a variance from standards, has all services and access available, has not been involved in a division of a larger parcel within the previous two years, and does not have an average slope greater than twenty (20) percent and does not otherwise significantly impact the environment; and WHEREAS, on August 13, 2024, the Planning Commission of the City of Del Mar held a public hearing to consider a recommendation to the Del Mar City Council regarding approval of TPMC23-001 and CDP24-004 and at which time all persons desiring to be heard were heard; and
WHEREAS, written and oral evidence was submitted and considered during the Planning Commission public hearing which includes without limitation:
a. Plans submitted by the applicant.
b. Written information submitted with the application.
c. Oral testimony from Staff, the applicant, and the public. d. Staff report, dated August 13, 2024, which is incorporated by this reference, as though fully set forth herein.
e. Additional information submitted during the hearing.
WHEREAS, the Planning Commission unanimously recommended approval of TPMC23-001, CDP24-004; and
WHEREAS, on September 9, 2024, the City Council of the City of Del Mar held a public hearing to consider approval of TPMC23-001 and CDP24-004 and at which time all persons desiring to be heard were heard; and
Attachment A 4 September 9, 2024 Item 07
Resolution No. 2024-XX
2 WHEREAS, written and oral evidence was submitted and considered during the City Council public hearing which includes without limitation:
a. Plans submitted by the applicant.
b. Written information submitted with the application.
c. Oral testimony from Staff, the applicant, and the public. d. Agenda report, dated September 9, 2024, which is incorporated by this reference, as though fully set forth herein.
e. Additional information submitted during the hearing.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar approves Tentative Parcel Map (Condominium) (TPMC23-001) based upon the following findings:
1. The proposed project, as conditioned, meets the criteria of the applicable chapters of the Del Mar Municipal Code, specifically Chapters 24.01 (General Provisions),
24.21 (Dedication: Affordable Housing Mitigation), 24.40 (Conversion of Residential Property), 30.20 (R2, High Density Mixed Residential), and Chapter
30.80 (Parking).
2. The proposed map is consistent with the Del Mar General Plan in that the proposed residential use in the R2 Zoning Designation and density of development (12.5 units per net acre) are permitted under the Community Plan requirements for the South Beach neighborhood.
3. As conditioned, the design of the proposed subdivision will conform with the Municipal Code in effect at the time of tentative map in that all requirements have been met for residential conversion of the existing two units to condominium ownership.
4. The overall design and physical condition of the conversion achieves a high degree of appearance, quality and safety as provided in the Applicant’s Physical Elements Report
5. The conversion will not displace low and moderate income households or tenants without adequate provision for suitable relocation of such families or tenants because there are no existing tenants on this property; and AND BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, that Coastal Development Permit (CDP24-004) be approved based upon the following findings:
1. That the use for which the Coastal Development Permit is applied is permitted within the zone in which the property is located Attachment A 5 September 9, 2024 Item 07
Resolution No. 2024-XX
3 Pursuant to the adopted City of Del Mar Community (General) Plan and Zoning Ordinance, two units on one lot is a permitted use in the R2 Zone and the project meets the density requirement for this lot of 12.5 units per net acre.
2. That the proposal meets the criteria of the applicable chapters of DMMC Title 30, Zoning
The proposed project, as conditioned, meets the criteria of the applicable chapters of the Del Mar Zoning Code, specifically Chapters 24.01 (General Provisions), 24.21 (Dedication: Affordable Housing Mitigation), 24.40 (Conversion of Residential Property), 30.20 (R2, High Density Mixed Residential), and Chapter 30.80 (Parking).
3. That the granting of such Coastal Development Permit will be in conformity with the certified City of Del Mar Local Coastal Program The proposed subdivision (tentative parcel map) has been reviewed by the Planning, Public Works and Engineering Departments and found with conditions to comply with all applicable standards of design. The condominium Tentative Map will not have any impact on Coastal Resources or Public Views because there are no new structures as a part of the Project and public access is not required to be provided as a part of this Subdivision Map as the nearest public access point is located near 15th Street and the Project is separated from the ocean by other private properties, the existing rail line, and then the Coastal Bluffs beyond.
4. That for all development proposals located seaward of the first public roadway, the proposed development is consistent with and implements the applicable requirements for provision of public access contained in this Title and in the public access and public recreation policies of Chapter 3 of the California Coastal Act.
While the subject property is located between the first public road and the sea, adequate public access to the coast exists elsewhere in proximity at (public) Seagrove and Powerhouse Parks. Moreover, as the property is separated from coastal access by other developed and privately owned properties, existing railroad tracks, as well as a steep coastal bluff, existing opportunities do not exist to create new public access. No public recreation facilities exist on the property and none would be impacted with implementation of the Project.
5. That for all development proposals involving the construction or placement of a shoreline protection device, that the proposed development is consistent with and implements the applicable Attachment A 6 September 9, 2024 Item 07
Resolution No. 2024-XX
4 requirements of the Beach Overlay Zone and Setback Seawall Zone provisions contained in this Title and is consistent with and implements the provisions of the Chapter Three Policies of California Coastal Act.
The Project site is not located in the Beach Overlay Zone, therefore this finding is not applicable.
6. That the proposal is consistent with and implements the provisions of public view protection policies IV-22 through IV-27 of the City of Del Mar LCP Land Use Plan.
The Project is proposed on privately owned property where no public views presently exist and the property is not located within nor does it contain any natural features as those referenced in Policy Numbers IV-22 through IV-27 of the LCP Land Use Plan.
7. That for all development proposals on sites with identified wetland resources, that the proposed development is consistent with and implements the provisions of the Lagoon Overlay Zone as contained within the City of Del Mar Local Coastal Program Implementing Ordinances and Land Use Plan.
The Project site does not contain wetland resources nor will it result in the creation of a wetland as defined in the LCP and so this finding is not applicable.
AND BE IT FURTHER RESOLVED by the City Council of the City of Del Mar that applications TPMC23-001 and CDP24-004 are approved subject to the following conditions:
[Note: The conditions listed below may have intentional gaps in numbering or lettering.] General Conditions:
G-7 [Code Compliance]
Approval of this application shall not waive the requirement for compliance with the provisions of the DMMC or other applicable City regulations in effect at the time of Building Permit issuance, unless specifically waived in this Permit authorization.
G-15 [Indemnification]
By accepting this permit and Tentative Map authorized herein, the applicant agrees to the fullest extent of the law to indemnify, defend (as a separate obligation), hold harmless, and save the City of Del Mar, Councilmembers, employees, or its authorized agents, officers, Commissioners, or other representatives (“Indemnified Parties”) from and against any and all claims, penalties, liabilities, annoyances, injuries, or loss Attachment A 7 September 9, 2024 Item 07
Resolution No. 2024-XX
5 resulting from any claim or court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit. Such indemnification obligations shall not extend where any Indemnified Party commits willful acts or gross negligence.
Miscellaneous
M-1 [Easement holder outreach and final map approval]
Prior to recordation of the final parcel map, the Applicant shall submit correspondence from all onsite public utilities holding easements within the proposed subdivision acknowledging receipt of a copy of the proposed Final Parcel Map and stating their objection or approval of the filing of the map without their signature.
M-2 [Payment of City fees]
Prior to recordation of the Final Map, all outstanding City fees shall be paid.
M-3 [Map titles]
At the time of recordation of the Final Map, the name of the person(s) authorizing the map and whose name(s) appears on the map as the person (s) who requested the map, shall be the name of the owner(s) of the subject property and shall be the same party or parties as shown on the Tentative Parcel Map unless the Director of Planning and Community Development has approved the substitution of a successor-in-interest to such party or parties.
M-4 [Requirement for an encroachment permit]
An Encroachment Permit for any work within public right-of-way shall be obtained prior to issuance of building permits.
M-5 [Final map conformance to requirements of Subdivision Map Act] The Final Map shall comply with the most current provisions of the Subdivision Map Act and City of Del Mar Municipal Code Title 24 (Subdivision Ordinance).
M-6 [Submittal of title report, verification of property ownership] Prior to the approval of the Final Map by the City Engineer, the Applicant shall submit a title report dated within six months of the date of submittal, copies of sufficient documentation to verify lot legality and current ownership, and a subdivision guarantee from a qualified title insurance company. The guarantee shall have a minimum $1,000 liability coverage and in a form acceptable to the Director of Planning and Community Development as well as the City Engineer.
M-7 [Updated date of map preparation]
The date of preparation should be updated as needed on the map.
Attachment A 8 September 9, 2024 Item 07
Resolution No. 2024-XX
6 Planning
PLN-2 [Payment of In–Lieu Housing Mitigation fees]
In accordance with Del Mar Municipal Code Chapter 24.21.015, prior to the recordation of the Final Map the subdivider shall pay In–Lieu Housing Mitigation fees in the amount that such fees exist at the time of payment per resolution of the City Council.
PLN-3 [Coastal Development Permit expiration]
If the development approved by Coastal Development Permit CDP23-004 is not established within three years (36 months) of the date its approval by the City Council, the approval shall expire and become null and void.
PLN-4 [Map expirations]
Tentative Parcel Map TPMC23-001 shall expire two years (24 months) after its approval or conditional approval by the City Council. Upon application received at a meeting of the City Council at least sixty (60) days prior to the expiration of - TPMC23-001, the City Council may extend the time of expiration for a period consistent with Map Act requirements.
Engineering
E-1 [Separate Permits for Off-site Work]
All improvements to off-site facilities, including the provision of reciprocal access and/or utility lines as proposed or required pursuant to the conditions of this Permit, shall be subject to the receipt of separate City permits, as applicable.
E-2 [Engineering Fee]
Prior to approval of the Parcel Map, the applicant shall provide fees as delineated in the City’s Engineering Review Fee Schedule as funds necessary for Engineering Department review of the proposed site improvements, if needed. If additional review beyond the scope outlined in the Engineering Review Fee Schedule becomes necessary, a supplemental deposit(s) will be required.
E-3 [In-Lieu Fee- Improvement of 8th Street]
Prior to first submittal of the Parcel Map for review, the applicant shall pay an in-lieu fee, to the City of Del Mar, for future improvement of 8th Street as indicated in the approved cost estimate prepared by the Engineer of Work.
E-4 [Water Service]
If not already existing, each residence will require its own dedicated metered water service.
E-4A Any water lines that cross between the exclusive use areas of the condominium parcel must be severed and capped so each exclusive use area’s water system is isolated within said exclusive use area.
Attachment A 9 September 9, 2024 Item 07
Resolution No. 2024-XX
7 E-4B Any landscaping in common areas shall require a separate water meter and irrigation system with controller. The monthly water service shall be paid for by the Home Owner’s Association.
E-5 [Sewer Service]
Each structure withing the one lot condominium Parcel Map shall have its own sewer service. Should a new sewer lateral(s) be required, then an improvement plan, for the new lateral, shall be required.
E-6 [Compliance with Applicable Laws]
The applicant shall comply with all City, County, State and Federal laws and regulations applicable to this Parcel Map.
E-7 [Parcel Map Conditions]
E-7A A final condominium Parcel Map shall be required to consolidate the two lots into one parcel for condominium purposes. With the Parcel Map, the project developer shall set forth the maintenance areas of the proposed development and maintenance responsibilities. The project developer shall record CC&R’s at the time of recordation of the Parcel Map which shall create a Homeowners Association for the development. The CC&R’s shall be subject to the review and approval of the City Attorney, Planning Director and the City Engineer prior to recordation of the Parcel Map. The Homeowners Association shall be responsible for the maintenance of the Common areas, on the property and other common areas not within the area of a dedicated public street and facilities on the site. The project CC&R’s shall include an exhibit showing the location of all the common private improvements to be maintained by the Homeowners Association. The City shall be granted the rights and remedies of the association, but not the obligation, to enforce the maintenance responsibilities of the Home Owner’s Association; E-7B The applicant's engineer/surveyor shall submit a preliminary copy of the condominium Parcel Map along with a preliminary copy of the title report, traverse calculations, monumentation bond estimate and a copy of the adjoining deeds and/or recorded maps to the City for review.
E-7C Any dedications, open offers of dedication, or grants of easements to the City may be dedicated and accepted on the face of the Parcel Map.
Agreement or other required items shall be recorded as separate documents concurrently after recordation of the Parcel Map; E-7D The project developer shall create private storm drainage easements on the Parcel Map, if needed, across the project for the benefit of the Attachment A 10 September 9, 2024 Item 07
Resolution No. 2024-XX
8 individual exclusive use areas, subject to the review and approval of the City Engineer; and
E-7E The condominium Parcel Map shall be in substantial conformance to the approved Tentative Parcel Map and must be submitted to the City Engineering Department for review and approval. The condominium Parcel Map shall be prepared, wet signed and sealed by a Civil Engineer or Land Surveyor, registered in the State of California and licensed to prepare maps.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held the 9th day of September, 2024. ____________________________
Dave Druker, Mayor
City of Del Mar
APPROVED AS TO FORM:
__________________________
Leslie E. Devaney, City Attorney
City of Del Mar
Attachment A 11 September 9, 2024 Item 07
Resolution No. 2024-XX
9 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 2024-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 9th day of September 2024 by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
_____________________________
Sarah Krietor
Administrative Services Manager/City Clerk
City of Del Mar
Attachment A 12 September 9, 2024 Item 07
RESOLUTION NO. PC-2024-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DEL MAR, RECOMMENDING THAT THE CITY COUNCIL
APPROVE TENTATIVE PARCEL MAP (CONDOMINIUM) TPMC23-
001 AND COASTAL DEVELOPMENT PERMIT CDP24-004 TO
ALLOW THE CONVERSION OF AN EXISTING RESIDENTIAL
DUPLEX (TWO DETACHED UNITS) TO CONDOMINIUM
OWNERSHIP, ON LAND LOCATED WITHIN THE R2 (HIGH
DENSITY RESIDENTIAL) ZONING AND COASTAL OVERLAY
DISTRICTS AT 730 AND 750 STRATFORD COURT, DEL MAR,
CALIFORNIA
APN: 300-181-07-00
WHEREAS, Deal Del Mar, LLC (“Applicant”) is the owner of real property commonly referred to as 730 and 750 Stratford Court (APN 300-181-07-00) (the “Property”); and WHEREAS, the Applicant filed a verified application for a Tentative Parcel Map (Condominium) (TPMC) and Coastal Development Permit (CDP) to allow the conversion of two existing detached residential units to condominium ownership (the “Project”) on land located within the R2 (High Density Residential) Zoning, South Beach Community Plan Designation, and Coastal Overlay at the Property; and
WHEREAS, said verified application constitutes a request as provided by Titles 24 and 30 of the Del Mar Municipal Code (DMMC); and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the Project is found to be Categorically Exempt per Section 15315 (Class 15 - Minor Land Divisions) in that it proposes a division of property zoned for residential use within an urbanized area into four or fewer parcels, in conformance with the General Plan and Zoning, does not request a variance from standards, has all services and access available, has not been involved in a division of a larger parcel within the previous two years, and does not have an average slope greater than 20 percent; and
WHEREAS, on August 13, 2024, the Planning Commission of the City of Del Mar held a duly noticed public hearing to review TPMC23-001 and CDP23-004, and at which time all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include without limitation:
a. Tentative Parcel Map TPMC23-001 submitted by the Applicant. b. Written information submitted with the application.
c. Oral testimony from City staff, the Applicant and the public (if any). d. Staff Report, dated August 13, 2024, which is incorporated by this reference as though fully set forth herein.
e. Additional information submitted during the hearing (if any); and Attachment B 13 September 9, 2024 Item 07
Resolution No. PC-2024-07
TPMC23-001 and CDP24-004
WHEREAS, DMMC §30.75.080 (B)(7) states:
Unless otherwise specified in this Chapter, the Planning Commission shall serve as the Issuing Authority to render a determination on applications for Coastal Development Permits for applications for the subdivision of land; and
WHEREAS, DMMC §24.60.020 states:
Tentative parcel maps shall be subject to the requirements and procedures applicable to tentative maps contained in Chapter 24.50; and
WHEREAS, DMMC §24.50.110(A) and (C) (respectively) state:
The Planning Commission shall conduct a public hearing on the proposed tentative map; and Within fifty days of the filing of the tentative map with the secretary of the Planning Commission, the Planning Commission shall file with City Clerk its findings and its recommendation based on those findings. The Planning Commission will recommend to the City Council the approval, conditional approval or denial of the tentative map. As appropriate, the Planning Commission shall recommend the kind, nature, and extent of improvements should be constructed or installed.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Del Mar Finds the project to be Categorically Exempt per Section 15315 (Class 15 - Minor Land Divisions) in that it proposes a division of property zoned for residential use within an urbanized area into four or fewer parcels, in conformance with the General Plan and Zoning, does not request a variance from standards, has all services and access available, has not been involved in a division of a larger parcel within the previous two years, and does not have an average slope greater than 20 percent’ and
THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Del Mar adopts the following findings and recommends that the City Council approve TPMC23- 001 subject to conditions of approval:
1. The proposed project, as conditioned, meets the criteria of the applicable chapters of the Del Mar Zoning Code, specifically Chapters 24.01 (General Provisions), 24.21 (Dedication: Affordable Housing Mitigation), 24.40 (Conversion of Residential Property), 30.20 (R2, High Density Mixed Residential), and Chapter 30.80 (Parking).
Attachment B 14 September 9, 2024 Item 07
Resolution No. PC-2024-07
TPMC23-001 and CDP24-004
2. The proposed map is consistent with the Del Mar General Plan in that the proposed residential use in the R2 Zoning Designation and density of development (12.5 units per net acre) are permitted under the Community Plan requirements for the South Beach neighborhood.
3. As conditioned, the design of the proposed subdivision will conform with the Municipal Code in effect at the time of tentative map in that all requirements have been met for residential conversion of the existing two units to condominium ownership.
4. The overall design and physical condition of the conversion achieves a high degree of appearance, quality and safety as provided in the Applicant’s Physical Elements Report
5. The conversion will not displace predominantly low and moderate income families or tenants without adequate provision for suitable relocation of such families or tenants in that there are no tenants on this property; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Del Mar adopts the following findings and recommends that the City Council approve CDP24-004 subject to conditions of approval:
1. That the use for which the Coastal Development Permit is applied is permitted within the zone in which the property is located
Pursuant to the adopted City of Del Mar Community (General) Plan and Zoning Ordinance, two units on one lot is a permitted use in the R2 Zone and the project meets the density requirement for this lot of 12.5 units per net acre.
2. That the proposal meets the criteria of the applicable chapters of this Title The proposed project, as conditioned, meets the criteria of the applicable chapters of the Del Mar Zoning Code, specifically Chapters 24.01 (General Provisions), 24.21 (Dedication: Affordable Housing Mitigation), 24.40 (Conversion of Residential Property), 30.20 (R2, High Density Mixed Residential), and Chapter 30.80 (Parking).
3. That the granting of such Coastal Development Permit will be in conformity with the certified City of Del Mar Local Coastal Program
The proposed subdivision (tentative parcel map) has been reviewed by the Planning, Public Works and Engineering Departments and found to conditionally comply with all applicable standards of design. The condominium Tentative Map will not have any impact on Coastal Resources or Public Views as there are no new structures as a part of this request and public access is not required to be provided as a part of this Map as the nearest public access point is located at nearby 15th Street since this property is separated from the ocean by other private properties, the existing rail line, and then the Coastal Bluffs beyond.
Attachment B 15 September 9, 2024 Item 07
Resolution No. PC-2024-07
TPMC23-001 and CDP24-004
4. That for all development proposals located seaward of the first public roadway, the proposed development is consistent with and implements the applicable requirements for provision of public access contained in this Title and in the public access and public recreation policies of Chapter 3 of the California Coastal Act.
While the subject property is located between the first public road and the sea, adequate public access to the coast exists elsewhere in close proximity at (public) Seagrove and Powerhouse Parks. Moreover, as the property is separated from coastal access by other developed and privately owned properties, existing railroad tracks, as well as a steep coastal bluff, existing opportunities do not exist to create new public access. No public recreation facilities exist on the property and none would be impacted with implementation of the Project.
5. That for all development proposals involving the construction or placement of a shoreline protection device, that the proposed development is consistent with and implements the applicable requirements of the Beach Overlay Zone and Setback Seawall Zone provisions contained in this Title and is consistent with and implements the provisions of the Chapter Three Policies of California Coastal Act.
The Project site is not located in the Beach Overlay Zone, therefore this finding is not applicable.
6. That the proposal is consistent with and implements the provisions of public view protection policies IV-22 through IV-27 of the City of Del Mar LCP Land Use Plan.
The Project is proposed on privately owned property where no public views presently exist and the property is not located within nor does it contain any natural features as those referenced in Policy Numbers IV-22 through IV-27 of the LCP Land Use Plan.
7. That for all development proposals on sites with identified wetland resources, that the proposed development is consistent with and implements the provisions of the Lagoon Overlay Zone as contained within the City of Del Mar Local Coastal Program Implementing Ordinances and Land Use Plan.
The Project site does not contain wetland resources nor will it result in the creation of a wetland as defined in the LCP and so this finding is not applicable.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the recommendations for approval are subject to the following conditions:
General
G-7 [Code Compliance]
Approval of this application shall not waive the requirement for compliance with the provisions of the DMMC or other applicable City regulations in effect at the time of Building Permit issuance, unless specifically waived in this Permit authorization.
Attachment B 16 September 9, 2024 Item 07
Resolution No. PC-2024-07
TPMC23-001 and CDP24-004
G-15 [Indemnification]
By accepting this permit and Tentative Map authorized herein, the applicant agrees to indemnify, defend and save the City of Del Mar, its authorized agents, officers, representatives and employees harmless from and against any and all penalties, liabilities, annoyances, or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit.
Miscellaneous
M-1 [Easement holder outreach and final map approval]
Prior to recordation of the final parcel map, the Applicant shall submit correspondence from all onsite public utilities holding easements within the proposed subdivision acknowledging receipt of a copy of the proposed Final Parcel Map and stating their objection or approval of the filing of the map without their signature.
M-2 [Payment of City fees]
Prior to recordation of the Final Map, all outstanding City fees shall be paid.
M-3 [Map titles]
At the time of recordation of the Final Map, the name of the person(s) authorizing the map and whose name(s) appears on the map as the person (s) who requested the map, shall be the name of the owner(s) of the subject property and shall be the same party or parties as shown on the Tentative Parcel Map unless the Director of Planning and Community Development has approved the substitution of a successor-in-interest to such party or parties.
M-4 [Requirement for an encroachment permit]
An Encroachment Permit for any work within public right-of-way shall be obtained prior to issuance of building permits.
M-5 [Final map conformance to requirements of Subdivision Map Act] The Final Map shall comply with the most current provisions of the Subdivision Map Act and City of Del Mar Municipal Code Title 24 (Subdivision Ordinance).
M-6 [Submittal of title report, verification of property ownership] Prior to the approval of the Final Map by the City Engineer, the Applicant shall submit a title report dated within six months of the date of submittal, copies of sufficient documentation to verify lot legality and current ownership, and a subdivision guarantee from a qualified title insurance company. The guarantee shall have a minimum $1,000 liability coverage and in a form acceptable to the Director of Planning and Community Development as well as the City Engineer.
M-7 [Updated date of map preparation]
The date of preparation should be updated as needed on the map.
Attachment B 17 September 9, 2024 Item 07
Resolution No. PC-2024-07
TPMC23-001 and CDP24-004
Planning
PLN-2 [Payment of In–Lieu Housing Mitigation fees]
In accordance with Del Mar Municipal Code Chapter 24.21.015, prior to the recordation of the Final Map the subdivider shall pay In–Lieu Housing Mitigation fees in the amount that such fees exist at the time of payment per resolution of the City Council.
PLN-3 [Coastal Development Permit expiration]
If the development approved by Coastal Development Permit CDP23-004 is not established within three years (36 months) of the date its approval by the City Council, the approval shall expire and become null and void.
PLN-4 [Map expirations]
Tentative Parcel Map TPMC23-001 shall expire two years (24 months) after its approval or conditional approval by the City Council. Upon application received at a meeting of the City Council at least sixty (60) days prior to the expiration of -TPMC23-001, the City Council may extend the time of expiration for a period consistent with Map Act requirements.
Engineering
E-1 [Separate Permits for Off-site Work]
All improvements to off-site facilities, including the provision of reciprocal access and/or utility lines as proposed or required pursuant to the conditions of this Permit, shall be subject to the receipt of separate City permits, as applicable.
E-2 [Engineering Fee]
Prior to approval of the Parcel Map, the applicant shall provide fees as delineated in the City’s Engineering Review Fee Schedule as funds necessary for Engineering Department review of the proposed site improvements, if needed. If additional review beyond the scope outlined in the Engineering Review Fee Schedule becomes necessary, a supplemental deposit(s) will be required.
E-3 Prior to first submittal of the Parcel Map for review, the applicant shall pay an in-lieu fee, to the City of Del Mar, for future improvement of 8th Street as indicated in the approved cost estimate prepared by the Engineer of Work.
E-4 [Water Service]
If not already existing, each residence will require its own dedicated metered water service.
E-4A Any water lines that cross between the exclusive use areas of the condominium parcel must be severed and capped so each exclusive use area’s water system is isolated within said exclusive use area.
E-4B Any landscaping in common areas shall require a separate water meter and irrigation system with controller. The monthly water service shall be paid for by the Home Owner’s Association.
Attachment B 18 September 9, 2024 Item 07
Resolution No. PC-2024-07
TPMC23-001 and CDP24-004
E-5 Each structure withing the one lot condominium Parcel Map shall have its own sewer service. Should a new sewer lateral(s) be required, then an improvement plan, for the new lateral, shall be required.
E-6 The applicant shall comply with all City, County, State and Federal laws and regulations applicable to this Parcel Map.
E-7 [Parcel Map Conditions]
E-7A A final condominium Parcel Map shall be required to consolidate the two lots into one parcel for condominium purposes. With the Parcel Map, the project developer shall set forth the maintenance areas of the proposed development and maintenance responsibilities. The project developer shall record CC&R’s at the time of recordation of the Parcel Map which shall create a Homeowners Association for the development. The CC&R’s shall be subject to the review and approval of the City Attorney, Planning Director and the City Engineer prior to recordation of the Parcel Map. The Homeowners Association shall be responsible for the maintenance of the Common areas, on the property and other common areas not within the area of a dedicated public street and facilities on the site. The project CC&R’s shall include an exhibit showing the location of all the common private improvements to be maintained by the Homeowners Association. The City shall be granted the rights and remedies of the association, but not the obligation, to enforce the maintenance responsibilities of the Home Owner’s Association;
E-7B The applicant's engineer/surveyor shall submit a preliminary copy of the condominium Parcel Map along with a preliminary copy of the title report, traverse calculations, monumentation bond estimate and a copy of the adjoining deeds and/or recorded maps to the City for review.
E-7C Any dedications, open offers of dedication, or grants of easements to the City may be dedicated and accepted on the face of the Parcel Map. Agreement or other required items shall be recorded as separate documents concurrently after recordation of the Parcel Map;
E-7D The project developer shall create private storm drainage easements on the Parcel Map, if needed, across the project for the benefit of the individual exclusive use areas, subject to the review and approval of the City Engineer; and E-7E The condominium Parcel Map shall be in substantial conformance to the approved Tentative Parcel Map and must be submitted to the City Engineering Department for review and approval. The condominium Parcel Map shall be prepared, wet signed and sealed by a Civil Engineer or Land Surveyor, registered in the State of California and licensed to prepare maps.
Attachment B 19 September 9, 2024 Item 07
Resolution No. PC-2024-07
TPMC23-001 and CDP24-004
PASSED AND ADOPTED by the Planning Commission of the City of Del Mar, this 13th day of August, 2024 by the following vote:
AYES: Chair Posner, Commissioners Bakker, Grewal and Spelich NOES: None
ABSENT: None
ABSTAIN: None
_____________________________________
Philip Posner, Chair
Planning Commission
City of Del Mar, California
ATTEST:
____________________________________________
Karen Brindley
Planning and Community Development Director
City of Del Mar, California
Attachment B 20 September 9, 2024 Item 07
City of Del Mar
Staff Report
PLANNING COMMISSION
STAFF REPORT
August 13, 2024
APPLICATION: TPMC23-001/CDP24-004
REQUEST: A recommendation from the Planning Commission to the City Council to recommend approval of a Tentative Parcel Map (TPMC23-001) and Coastal Development Permit (CDP24-004) to allow the conversion of an existing detached residential duplex (two units) to condominium ownership.
APPLICANTS/OWNERS: Deal Del Mar LLC
OWNER’S AGENT: Jorge H. Palacios (JP Engineering, Inc.) SITE LOCATION: 730-750 Stratford Court
ASSESSOR PARCEL NUMBER (APN): 300-181-07-00
COMMUNITY (GENERAL) PLAN DESIGNATION: High Density Residential ZONING: R2 (High Density Mixed Residential)
OVERLAY(S): Coastal Overlay (Appeals Jurisdiction)
ENVIRONMENTAL STATUS: Pursuant to the California Environmental Quality Act (CEQA), the Project is found to be Categorically Exempt pursuant to Section 15315 (Class 15 - Minor Land Divisions) in that it proposes a division of property zoned for residential use within an urbanized area into four or fewer parcels, in conformance with the General Plan and Zoning, which does not request a variance from standards, has all services and access available, has not been involved in a division of a larger parcel within the previous two years, and does not have an average slope greater than 20 percent.
HOUSING IMPACT STATEMENT: This action is related to existing residential units to remain and therefore will not have any impact to the number of residential units in Del Mar. An in-lieu housing impact fee will be paid to accommodate future low-income housing efforts for the City. 1 August 13, 2024 Item 02 Attachment C 21 September 9, 2024 Item 07
PLANNING COMMISSION
STAFF REPORT: TPMC23-001 and CDP24-004
August 13, 2024
BACKGROUND:
The subject property comprises a single lot measuring 7,994 square feet and is developed with two, detached, two-story residential units originally constructed in 2012 pursuant to approved Design Review Permit DRB08-20 and Coastal Development Permit CDP08-11. The lot itself is defined as a corner lot, with frontages on Little Orphan Alley to the south, 8th Street to the north, and Stratford Court to the east. The property is uniformly rectangular in shape, compliant with minimum size and dimensional standards for the R2 Zone, and is thoroughly landscaped with mature vegetation. The site’s topography is relatively flat with the property to the west terraced down at a lower elevation.
All surrounding properties are developed with exclusively single-family or duplex residential structures of similar age, scale and massing.
ANALYSIS:
Project Description:
The applicant is requesting approval of Tentative Parcel Map TPMC23-001 and Coastal Development Permit CDP24-004 to allow a subdivision of airspace and individual (condominium) ownership of each of the property’s two residential dwelling units. The property itself would remain a single lot and with ownership and maintenance shared by the two owners in accordance with recorded covenants, codes and restrictions (CC&R’s). Minor physical improvements to the pool/spa and fencing/walls are proposed under a separate application (ADR24-003) and are not under the purview of the Planning Commission. No physical improvements to the residential structures (including changes to existing landscaping and trees) are proposed otherwise.
Subdivision Review (DMMC Title 24):
Title 24 of the Del Mar Municipal Code (DMMC) stipulates requirements for subdivisions and further implements requirements of California’s Subdivision Map Act. Chapter 24.40 of the DMMC provides specific procedures and requirements that regulate conversion of existing rental housing to condominium ownership (subdivision of airspace), with the goals of:
Reducing the impact of such conversions on residents who may be required to relocate due to the conversion of apartments to condominiums by providing procedures for notification and adequate time and assistance for such relocation.
Assuring that purchasers of converted housing have been properly informed as to the physical conditions of the structure which is offered for purchase. Ensuring that converted housing achieves a high degree of appearance, quality, and safety, and is consistent with the goals of the City.
Specifically, the Tentative Map has been found to be consistent with the following relevant sections of the City’s Municipal Code:
2 August 13, 2024 Item 02 Attachment C 22 September 9, 2024 Item 07
PLANNING COMMISSION
STAFF REPORT: TPMC23-001 and CDP24-004
August 13, 2024
Engineering Review - Per DMMC 24.01.060- 24.01.070, the Tentative Map has been reviewed by the City’s Project Engineer and Public Works Department and with the inclusion of suggested conditions of approval (Exhibit A) found the Tentative Map to be consistent with map design standards, requirements for Grading and Erosion Control, and Storm Water Management and Discharge Control. A new Soils Report was not required in that all of these issue areas were addressed in the project when constructed and there are no new improvements to warrant a new review.
Further, monumentation consistent with DMMC 24.01.150 will be required to be provided per the conditions of approval included in the draft resolution (Exhibit A).
Physical Elements Report - In accordance with §24.40.020 of the DMMC, the Applicant has provided a “Physical Elements Report” (Bokal and Sneed Architecture, February 22, 2024) which details the condition of the building and the broader property. The intent in providing the document and analysis is to ensure that residential conversions occur only when a structure maintains or creates a “high degree of appearance, quality and safety, consistent with the goals of the City.” The report concludes that the structures have been built in accordance with contemporary codes and construction methods, resulting in an estimated remaining useful life of not less than 35 years.
Therefore, staff finds that the subject residences conform to the standards and intent of DMMC §24.40.020 and is accordingly suitable for conversion to condominium ownership.
Physical Standards - §24.40.060 of the DMMC stipulates Specific Physical Standards criteria to which any residential conversion must adhere, including conformance with applicable City building codes, Zoning Regulations, provisions for fire prevention, separate utility metering for each converted unit, a provision of 200 square feet of private storage space, laundry facilities, and landscape maintenance. These two units comply with the conversion design criteria enumerated in §24.40.060 and with standards of the California Building Code when the structures received final inspection.
Specifically, the property is in conformance with the R2 Development Standards as analyzed below:
Standards R2 Zone Existing Condition
Density 12.5 dwelling units per net
acre. (2.3 units)
2 units
Min. lot size 7,000 sq. ft. 7,994 sq. ft.
Min. street frontage 35 feet 50 feet (8th Street); 160 feet (Stratford Court)
Min lot width 50 feet 50 feet
Min. lot depth 90 feet 160 feet
Front yard setback 20 ft. 20 ft.
Rear yard setback 20 ft. 20 ft.
Street side yard (East) 10 ft. 10 ft.
Interior side yard (West) 5 ft. 5 ft.
3 August 13, 2024 Item 02 Attachment C 23 September 9, 2024 Item 07
PLANNING COMMISSION
STAFF REPORT: TPMC23-001 and CDP24-004
August 13, 2024
FAR 35% 34.9%
Max. lot coverage 50%. 31.2%
Height limitation 26 ft. 730 Stratford Ct.: 25’ 6”
750 Stratford Ct: 23’ 7”
A breakdown of each unit’s floor area follows below:
Unit 1 (730 Stratford Court)
Floor Area:
First Floor: 712 square feet
Second Floor: 490 square feet
Basement (Exempt FAR) 941 square feet
Garage (one vehicle): 200 square feet
Total FAR for Unit 1: 1,402 square feet
Total for Unit 1 (including basement): 2,343 square feet Unit 2 (750 Stratford Court)
Floor Area:
First Floor: 712 square feet
Second Floor: 475 square feet
Basement (Exempt FAR) 923 square feet
Garage (one vehicle): 200 square feet
Total FAR for Unit 2: 1,387 square feet
Total for Unit 2 (including basement): 2,310 square feet __________________________________________________
Total floor area of duplex: 2,789 square feet
Total (including basement) 4,653 square feet
Per DMMC 30.80.030 B. two- or three-bedroom units (on a multi-family lot) must provide two parking spaces per unit (one space in a 200 square foot garage). Both units at 730 and 750 Stratford Court are three- bedroom units and provide one 200 square foot garage and one carport each accessed by driveways off Stratford Court consistent with the parking requirements of the DMMC.
Affordable Housing Mitigation - Pursuant to DMMC Chapter 24.21 (Affordable Housing Mitigation), to minimize the potential for adverse impacts to the supply and availability of rental housing that may occur with conversion to individual ownership, a condition of approval has been included in the attached, draft resolution that an In-lieu Housing Mitigation Fee shall be paid by the Applicant to the City. The adopted In-Lieu fee is $35 per square foot of habitable area. The existing habitable area of both units is 4,653 which equates to an in-lieu fee of $162,855. These funds will be placed into the City’s Housing Assistance Fund and utilized to acquire property, property rights and/or to construct new housing for individuals or households of moderate, low, very low and extremely low incomes. Further, the approval of this Tentative Map is consistent with DMMC 24.21.060 in 4 August 13, 2024 Item 02 Attachment C 24 September 9, 2024 Item 07
PLANNING COMMISSION
STAFF REPORT: TPMC23-001 and CDP24-004
August 13, 2024
that the City has not authorized any other condominium conversions in the last year which means that less than 60 dwelling units have been approved in the last calendar year.
There are no tenants on this property so the noticing provisions for tenants per DMMC 24.40.070 and
24.21.105 are not required.
Subdivision Findings - Pursuant to DMMC 24.40.100 the Tentative Map can be approved making the required findings in that, as analyzed in the report previously, the Tentative Map meets the requirements for Subdivisions per DMMC 24.40.100 and is consistent with the City’s General Plan in that the action is consistent with the R2 zoning and density requirements (2 units). The two units are a more recent build (2012) and have been maintained to a high degree of appearance, quality, and safety, per the Physical Elements Report. Further, there are no current or recent tenants of the property so this conversion would not displace any tenants of any income level.
Coastal Development Permit Review (DMMC Chapter 30.75):
The subject project proposes a subdivision (as defined in Chapter 30.04.180 of the DMMC) on land located with the City’s Coastal Overlay and the appeals jurisdiction of the California Coastal Commission, and requires approval of a Coastal Development Permit (CDP) in accordance with the City’s Local Coastal Program (LCP).
Per DMMC §30.75.140 the following seven findings must be made for approval of a CDP:
1. That the use for which the Coastal Development Permit is applied is permitted within the zone in which the property is located
Pursuant to the adopted City of Del Mar Community (General) Plan and Zoning Ordinance, two units on one lot is a permitted use in the R2 Zone and the project meets the density requirement for this lot of 12.5 units per net acre.
2. That the proposal meets the criteria of the applicable chapters of this Title The proposed project, as conditioned, meets the criteria of the applicable chapters of the Del Mar Zoning Code, specifically Chapters 24.01 (General Provisions), 24.21 (Dedication: Affordable Housing Mitigation), 24.40 (Conversion of Residential Property),
30.20 (R2, High Density Mixed Residential), and Chapter 30.80 (Parking).
3. That the granting of such Coastal Development Permit will be in conformity with the certified City of Del Mar Local Coastal Program
The proposed subdivision (tentative parcel map) has been reviewed by the Planning, Public Works and Engineering Departments and found to conditionally comply with all applicable standards of design. The condominium Tentative Map will not have any impact on Coastal Resources as there are no new structures as a part of this request and public access is not required to be provided as a part of this Map as the nearest public access point is located at 5 August 13, 2024 Item 02 Attachment C 25 September 9, 2024 Item 07
PLANNING COMMISSION
STAFF REPORT: TPMC23-001 and CDP24-004
August 13, 2024
nearby 15th Street since this property is separated from the ocean by other private properties, the existing rail line, and then the Coastal Bluffs beyond.
4. That for all development proposals located seaward of the first public roadway, the proposed development is consistent with and implements the applicable requirements for provision of public access contained in this Title and in the public access and public recreation policies of Chapter 3 of the California Coastal Act.
While the subject property is located between the first public road and the sea, adequate public access to the coast exists elsewhere in close proximity at (public) Seagrove and Powerhouse Parks. Moreover, as the property is separated from coastal access by other developed and privately owned properties, existing railroad tracks, as well as a steep coastal bluff, existing opportunities do not exist to create new public access. No public recreation facilities exist on the property and none would be impacted with implementation of the Project.
5. That for all development proposals involving the construction or placement of a shoreline protection device, that the proposed development is consistent with and implements the applicable requirements of the Beach Overlay Zone and Setback Seawall Zone provisions contained in this Title and is consistent with and implements the provisions of the Chapter Three Policies of California Coastal Act.
The Project site is not located in the Beach Overlay Zone, therefore this finding is not applicable.
6. That the proposal is consistent with and implements the provisions of public view protection policies IV-22 through IV-27 of the City of Del Mar LCP Land Use Plan.
The Project is proposed on privately owned property where no public views presently exist and the property is not located within nor does it contain any natural features as those referenced in Policy Numbers IV-22 through IV-27 of the LCP Land Use Plan.
7. That for all development proposals on sites with identified wetland resources, that the proposed development is consistent with and implements the provisions of the Lagoon Overlay Zone as contained within the City of Del Mar Local Coastal Program Implementing Ordinances and Land Use Plan.
The Project site does not contain wetland resources nor will it result in the creation of a wetland as defined in the LCP and so this finding is not applicable.
As the proposed subdivision is found to comply with all applicable standards for subdivisions and is consistent with the City’s Local Coastal Program all findings can be made to allow the Planning Commission to recommend (to the City Council) approval of the CDP request as found in the draft resolution (Exhibit A).
6 August 13, 2024 Item 02 Attachment C 26 September 9, 2024 Item 07
PLANNING COMMISSION
STAFF REPORT: TPMC23-001 and CDP24-004
August 13, 2024
CORRESPONDENCE:
No correspondence has been received concerning this Project.
RECOMMENDATIONS:
This Project has been reviewed by the Planning, Public Works and Engineering Departments and has been found to comply with applicable standards of the DMMC. Therefore, the Planning Commission should recommend that the City Council conditionally approve Tentative Parcel Map TPMC23-001 and Coastal Development Permit CDP24-004 as proposed.
____________________
Jennifer Gavin
Associate Planner
EXHIBITS:
Exhibit A - Draft Planning Commission Resolution PC-2024-xx 7 August 13, 2024 Item 02 Attachment C 27 September 9, 2024 Item 07 RESOLUTION NO. PC-2024-xx
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DEL MAR, RECOMMENDING THAT THE CITY COUNCIL
APPROVE TENTATIVE PARCEL MAP (CONDOMINIUM) TPMC23-
001 AND COASTAL DEVELOPMENT PERMIT CDP24-004 TO
ALLOW THE CONVERSION OF AN EXISTING RESIDENTIAL
DUPLEX (TWO DETACHED UNITS) TO CONDOMINIUM
OWNERSHIP, ON LAND LOCATED WITHIN THE R2 (HIGH
DENSITY RESIDENTIAL) ZONING AND COASTAL OVERLAY
DISTRICTS AT 730 AND 750 STRATFORD COURT, DEL MAR,
CALIFORNIA
APN: 300-181-07-00
WHEREAS, Deal Del Mar, LLC (“Applicant”) is the owner of real property commonly referred to as 730 and 750 Stratford Court (APN 300-181-07-00) (the “Property”); and WHEREAS, the Applicant filed a verified application for a Tentative Parcel Map (Condominium) (TPMC) and Coastal Development Permit (CDP) to allow the conversion of two existing detached residential units to condominium ownership (the “Project”) on land located within the R2 (High Density Residential) Zoning, South Beach Community Plan Designation, and Coastal Overlay at the Property; and
WHEREAS, said verified application constitutes a request as provided by Titles 24 and 30 of the Del Mar Municipal Code (DMMC); and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the Project is found to be Categorically Exempt per Section 15315 (Class 15 - Minor Land Divisions) in that it proposes a division of property zoned for residential use within an urbanized area into four or fewer parcels, in conformance with the General Plan and Zoning, does not request a variance from standards, has all services and access available, has not been involved in a division of a larger parcel within the previous two years, and does not have an average slope greater than 20 percent; and
WHEREAS, on August 13, 2024, the Planning Commission of the City of Del Mar held a duly noticed public hearing to review TPMC23-001 and CDP23-004, and at which time all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include without limitation:
a. Tentative Parcel Map TPMC23-001 submitted by the Applicant. b. Written information submitted with the application.
c. Oral testimony from City staff, the Applicant and the public (if any). d. Staff Report, dated August 13, 2024, which is incorporated by this reference as though fully set forth herein.
e. Additional information submitted during the hearing (if any); and Attachment C 28 September 9, 2024 Item 07
Resolution No. PC-2024-xx
TPMC23-001 and CDP24-004
WHEREAS, DMMC §30.75.080 (B)(7) states:
Unless otherwise specified in this Chapter, the Planning Commission shall serve as the Issuing Authority to render a determination on applications for Coastal Development Permits for applications for the subdivision of land; and
WHEREAS, DMMC §24.60.020 states:
Tentative parcel maps shall be subject to the requirements and procedures applicable to tentative maps contained in Chapter 24.50; and
WHEREAS, DMMC §24.50.110(A) and (C) (respectively) state:
The Planning Commission shall conduct a public hearing on the proposed tentative map; and Within fifty days of the filing of the tentative map with the secretary of the Planning Commission, the Planning Commission shall file with City Clerk its findings and its recommendation based on those findings. The Planning Commission will recommend to the City Council the approval, conditional approval or denial of the tentative map. As appropriate, the Planning Commission shall recommend the kind, nature, and extent of improvements should be constructed or installed.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Del Mar Finds the project to be Categorically Exempt per Section 15315 (Class 15 - Minor Land Divisions) in that it proposes a division of property zoned for residential use within an urbanized area into four or fewer parcels, in conformance with the General Plan and Zoning, does not request a variance from standards, has all services and access available, has not been involved in a division of a larger parcel within the previous two years, and does not have an average slope greater than 20 percent’ and
THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Del Mar adopts the following findings and recommends that the City Council approve TPMC23- 001 subject to conditions of approval:
1. The proposed project, as conditioned, meets the criteria of the applicable chapters of the Del Mar Zoning Code, specifically Chapters 24.01 (General Provisions), 24.21 (Dedication: Affordable Housing Mitigation), 24.40 (Conversion of Residential Property), 30.20 (R2, High Density Mixed Residential), and Chapter 30.80 (Parking).
Attachment C 29 September 9, 2024 Item 07
Resolution No. PC-2024-xx
TPMC23-001 and CDP24-004
2. The proposed map is consistent with the Del Mar General Plan in that the proposed residential use in the R2 Zoning Designation and density of development (12.5 units per net acre) are permitted under the Community Plan requirements for the South Beach neighborhood.
3. As conditioned, the design of the proposed subdivision will conform with the Municipal Code in effect at the time of tentative map in that all requirements have been met for residential conversion of the existing two units to condominium ownership.
4. The overall design and physical condition of the conversion achieves a high degree of appearance, quality and safety as provided in the Applicant’s Physical Elements Report
5. The conversion will not displace predominantly low and moderate income families or tenants without adequate provision for suitable relocation of such families or tenants in that there are no tenants on this property; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Del Mar adopts the following findings and recommends that the City Council approve CDP24-004 subject to conditions of approval:
1. That the use for which the Coastal Development Permit is applied is permitted within the zone in which the property is located
Pursuant to the adopted City of Del Mar Community (General) Plan and Zoning Ordinance, two units on one lot is a permitted use in the R2 Zone and the project meets the density requirement for this lot of 12.5 units per net acre.
2. That the proposal meets the criteria of the applicable chapters of this Title The proposed project, as conditioned, meets the criteria of the applicable chapters of the Del Mar Zoning Code, specifically Chapters 24.01 (General Provisions), 24.21 (Dedication: Affordable Housing Mitigation), 24.40 (Conversion of Residential Property), 30.20 (R2, High Density Mixed Residential), and Chapter 30.80 (Parking).
3. That the granting of such Coastal Development Permit will be in conformity with the certified City of Del Mar Local Coastal Program
The proposed subdivision (tentative parcel map) has been reviewed by the Planning, Public Works and Engineering Departments and found to conditionally comply with all applicable standards of design. The condominium Tentative Map will not have any impact on Coastal Resources or Public Views as there are no new structures as a part of this request and public access is not required to be provided as a part of this Map as the nearest public access point is located at nearby 15th Street since this property is separated from the ocean by other private properties, the existing rail line, and then the Coastal Bluffs beyond.
4. That for all development proposals located seaward of the first public roadway, the proposed development is consistent with and implements the applicable Attachment C 30 September 9, 2024 Item 07
Resolution No. PC-2024-xx
TPMC23-001 and CDP24-004
requirements for provision of public access contained in this Title and in the public access and public recreation policies of Chapter 3 of the California Coastal Act.
While the subject property is located between the first public road and the sea, adequate public access to the coast exists elsewhere in close proximity at (public) Seagrove and Powerhouse Parks. Moreover, as the property is separated from coastal access by other developed and privately owned properties, existing railroad tracks, as well as a steep coastal bluff, existing opportunities do not exist to create new public access. No public recreation facilities exist on the property and none would be impacted with implementation of the Project.
5. That for all development proposals involving the construction or placement of a shoreline protection device, that the proposed development is consistent with and implements the applicable requirements of the Beach Overlay Zone and Setback Seawall Zone provisions contained in this Title and is consistent with and implements the provisions of the Chapter Three Policies of California Coastal Act.
The Project site is not located in the Beach Overlay Zone, therefore this finding is not applicable.
6. That the proposal is consistent with and implements the provisions of public view protection policies IV-22 through IV-27 of the City of Del Mar LCP Land Use Plan.
The Project is proposed on privately owned property where no public views presently exist and the property is not located within nor does it contain any natural features as those referenced in Policy Numbers IV-22 through IV-27 of the LCP Land Use Plan.
7. That for all development proposals on sites with identified wetland resources, that the proposed development is consistent with and implements the provisions of the Lagoon Overlay Zone as contained within the City of Del Mar Local Coastal Program Implementing Ordinances and Land Use Plan.
The Project site does not contain wetland resources nor will it result in the creation of a wetland as defined in the LCP and so this finding is not applicable.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the recommendations for approval are subject to the following conditions:
General
G-7 [Code Compliance]
Approval of this application shall not waive the requirement for compliance with the provisions of the DMMC or other applicable City regulations in effect at the time of Building Permit issuance, unless specifically waived in this Permit authorization.
Attachment C 31 September 9, 2024 Item 07
Resolution No. PC-2024-xx
TPMC23-001 and CDP24-004
G-15 [Indemnification]
By accepting this permit and Tentative Map authorized herein, the applicant agrees to indemnify, defend and save the City of Del Mar, its authorized agents, officers, representatives and employees harmless from and against any and all penalties, liabilities, annoyances, or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit.
Miscellaneous
M-1 [Easement holder outreach and final map approval]
Prior to recordation of the final parcel map, the Applicant shall submit correspondence from all onsite public utilities holding easements within the proposed subdivision acknowledging receipt of a copy of the proposed Final Parcel Map and stating their objection or approval of the filing of the map without their signature.
M-2 [Payment of City fees]
Prior to recordation of the Final Map, all outstanding City fees shall be paid.
M-3 [Map titles]
At the time of recordation of the Final Map, the name of the person(s) authorizing the map and whose name(s) appears on the map as the person (s) who requested the map, shall be the name of the owner(s) of the subject property and shall be the same party or parties as shown on the Tentative Parcel Map unless the Director of Planning and Community Development has approved the substitution of a successor-in-interest to such party or parties.
M-4 [Requirement for an encroachment permit]
An Encroachment Permit for any work within public right-of-way shall be obtained prior to issuance of building permits.
M-5 [Final map conformance to requirements of Subdivision Map Act] The Final Map shall comply with the most current provisions of the Subdivision Map Act and City of Del Mar Municipal Code Title 24 (Subdivision Ordinance).
M-6 [Submittal of title report, verification of property ownership] Prior to the approval of the Final Map by the City Engineer, the Applicant shall submit a title report dated within six months of the date of submittal, copies of sufficient documentation to verify lot legality and current ownership, and a subdivision guarantee from a qualified title insurance company. The guarantee shall have a minimum $1,000 liability coverage and in a form acceptable to the Director of Planning and Community Development as well as the City Engineer.
M-7 [Updated date of map preparation]
The date of preparation should be updated as needed on the map.
Attachment C 32 September 9, 2024 Item 07
Resolution No. PC-2024-xx
TPMC23-001 and CDP24-004
Planning
PLN-2 [Payment of In–Lieu Housing Mitigation fees]
In accordance with Del Mar Municipal Code Chapter 24.21.015, prior to the recordation of the Final Map the subdivider shall pay In–Lieu Housing Mitigation fees in the amount that such fees exist at the time of payment per resolution of the City Council.
PLN-3 [Coastal Development Permit expiration]
If the development approved by Coastal Development Permit CDP23-004 is not established within three years (36 months) of the date its approval by the City Council, the approval shall expire and become null and void.
PLN-4 [Map expirations]
Tentative Parcel Map TPMC23-001 shall expire two years (24 months) after its approval or conditional approval by the City Council. Upon application received at a meeting of the City Council at least sixty (60) days prior to the expiration of -TPMC23-001, the City Council may extend the time of expiration for a period consistent with Map Act requirements.
Engineering
E-1 [Separate Permits for Off-site Work]
All improvements to off-site facilities, including the provision of reciprocal access and/or utility lines as proposed or required pursuant to the conditions of this Permit, shall be subject to the receipt of separate City permits, as applicable.
E-2 [Engineering Fee]
Prior to approval of the Parcel Map, the applicant shall provide fees as delineated in the City’s Engineering Review Fee Schedule as funds necessary for Engineering Department review of the proposed site improvements, if needed. If additional review beyond the scope outlined in the Engineering Review Fee Schedule becomes necessary, a supplemental deposit(s) will be required.
E-3 Prior to first submittal of the Parcel Map for review, the applicant shall pay an in-lieu fee, to the City of Del Mar, for future improvement of 9th Street as indicated in the approved cost estimate prepared by the Engineer of Work.
E-4 [Water Service]
If not already existing, each residence will require its own dedicated metered water service.
E-4A Any water lines that cross between the exclusive use areas of the condominium parcel must be severed and capped so each exclusive use area’s water system is isolated within said exclusive use area.
E-4B Any landscaping in common areas shall require a separate water meter and irrigation system with controller. The monthly water service shall be paid for by the Home Owner’s Association.
Attachment C 33 September 9, 2024 Item 07
Resolution No. PC-2024-xx
TPMC23-001 and CDP24-004
E-5 Each structure withing the one lot condominium Parcel Map shall have its own sewer service. Should a new sewer lateral(s) be required, then an improvement plan, for the new lateral, shall be required.
E-6 The applicant shall comply with all City, County, State and Federal laws and regulations applicable to this Parcel Map.
E-7 [Parcel Map Conditions]
E-7A A final condominium Parcel Map shall be required to consolidate the two lots into one parcel for condominium purposes. With the Parcel Map, the project developer shall set forth the maintenance areas of the proposed development and maintenance responsibilities. The project developer shall record CC&R’s at the time of recordation of the Parcel Map which shall create a Homeowners Association for the development. The CC&R’s shall be subject to the review and approval of the City Attorney, Planning Director and the City Engineer prior to recordation of the Parcel Map. The Homeowners Association shall be responsible for the maintenance of the Common areas, on the property and other common areas not within the area of a dedicated public street and facilities on the site. The project CC&R’s shall include an exhibit showing the location of all the common private improvements to be maintained by the Homeowners Association. The City shall be granted the rights and remedies of the association, but not the obligation, to enforce the maintenance responsibilities of the Home Owner’s Association;
E-7B The applicant's engineer/surveyor shall submit a preliminary copy of the condominium Parcel Map along with a preliminary copy of the title report, traverse calculations, monumentation bond estimate and a copy of the adjoining deeds and/or recorded maps to the City for review.
E-7C Any dedications, open offers of dedication, or grants of easements to the City may be dedicated and accepted on the face of the Parcel Map. Agreement or other required items shall be recorded as separate documents concurrently after recordation of the Parcel Map;
E-7D The project developer shall create private storm drainage easements on the Parcel Map, if needed, across the project for the benefit of the individual exclusive use areas, subject to the review and approval of the City Engineer; and E-7E The condominium Parcel Map shall be in substantial conformance to the approved Tentative Parcel Map and must be submitted to the City Engineering Department for review and approval. The condominium Parcel Map shall be prepared, wet signed and sealed by a Civil Engineer or Land Surveyor, registered in the State of California and licensed to prepare maps.
Attachment C 34 September 9, 2024 Item 07
Resolution No. PC-2024-xx
TPMC23-001 and CDP24-004
PASSED AND ADOPTED by the Planning Commission of the City of Del Mar, this 13th day of August, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________
Philip Posner, Chair
Planning Commission
City of Del Mar, California
ATTEST:
____________________________________________
Karen Brindley
Director of Planning and Community Development
City of Del Mar, California
Attachment C 35 September 9, 2024 Item 07
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director Wendy House, Deputy City Attorney
Via Ashley Jones, City Manager
DATE: September 9, 2024
SUBJECT: Introduction of Ordinance to Establish Short Term Rental Regulations REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council take the following actions:
1) Confirm the environmental determination that the proposed Short-Term Rental (STR) Regulations Ordinance (Ordinance) is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule) because CEQA only applies to projects with the potential for causing a significant effect on the environment; and 2) Introduce an Ordinance (Attachment A) amending the Title 30 Zoning Code in the Del Mar Municipal Code (DMMC) and the certified Local Coastal Program (ZA 24- 004/LCPA 24-003) to establish regulations for STRs under a new DMMC Chapter
30.96. BACKGROUND:
Preparation of regulations for STRs has been a multi-year process, which has involved studies and consideration of how the availability of dwelling units in the community for short-term visitor use can supplement the availability of visitor accommodations and support visitor-serving uses without sacrificing the City’s need to maintain its long-term housing stock. The proposed Ordinance (Attachment A) will accommodate existing STR owners and preserve long term housing stock. Attachment B includes a strikeoutunderline copy of the changes made since prior City Council review in May 2024, and Attachment C includes a summary of additional background details.
Staff prepared a regulatory framework in accordance with City Council direction provided between October 2023 and May 2024. On August 13, 2024, the Planning Commission voted 4-0 to confirm the environmental determination and recommend approval of the 1 September 9, 2024 Item 08
City Council Agenda Report
Introduction of Short-Term Rental Regulations Ordinance September 9, 2024
code amendments with a recommendation to modify the definition of “short term rental” to define STRs as less than one month and define what that means.
On August 26, 2024, the City Council considered and discussed the definition of “shortterm rental” and whether to expressly exempt longer term rentals from the STR regulations and the requirement to pay Transient Occupancy Tax (TOT). The City Council consensus was to direct staff to modify the definition of “long-term rental” and the “Purpose” section, and craft an “Exemptions” section under the Ordinance consistent with the Council’s stated intent to expressly exempt rentals of a dwelling unit for terms of one month or longer. This includes rentals for a fixed term (e.g., annual) or periodic tenancy (e.g., month-to-month) with a total rental period of more than 30 days, as well as rentals for a month.
The Council further agreed that rentals for a month means a dwelling unit, or any portion thereof, that is rented for a month – whether the rental period starts at the beginning of the calendar month and goes through the end of the calendar month, or whether the rental period starts on someday within the calendar month and goes through the same day of the subsequent calendar month.
The Council directed staff to utilize staff’s recommended definition for “short-term rental” (with slight amendments for clarity purposes), which the Council acknowledged was consistent with both State and local laws governing STRs, including the requirement to collect TOT. The definition of “short-term rental” means the rental of a dwelling unit, or any portion thereof, for dwelling, lodging, or sleeping purposes, for a period of thirty (30) consecutive calendar days or less, unless otherwise exempted.
The definitions and exemptions have been clarified accordingly in Sections 30.96.010 (Purpose), 30.96.020 (Definitions), and 30.96.025 (Exemptions) of the Ordinance to exempt rentals for one month and longer terms. The City Attorney clarified that the Ordinance, as amended to exempt long-term rentals, including monthly rentals, does not conflict with, and will not affect, or invalidate the TOT ballot measure (Measure M), which will be decided by the City’s voters in the General Election to be held on November 5, 2024.
The proposed Ordinance also clarifies the regulations for STR ownership, including how to demonstrate the proof of address requirement when the owner is a business entity as provided for in the Ordinance (i.e., Existing STRs). The amended provision requires the owner to provide the City with proof of a current Certificate of Status, or similar documentation demonstrating the business entity is active and in good standing with the State of Formation. The Certificate of Status applies to State-registered business entities. 2 September 9, 2024 Item 08
City Council Agenda Report
Introduction of Short-Term Rental Regulations Ordinance September 9, 2024
Adoption of the Ordinance will implement the City’s 6th Cycle Housing Element Program 5C (Preserve the City’s Existing Housing Stock). The proposed regulations align with the City’s certified Housing Element, certified Local Coastal Program, and the following City Council-adopted guiding principles and objectives to:
1. Honor the existing policies in the Del Mar Community Plan.
2. Maintain the residential character of neighborhoods in residential zones.
3. Honor the tradition of vacation rentals during the summers, holidays, and horseracing season.
4. Ensure protection of the public health, safety, and general welfare.
5. Ensure the City’s natural resources will be preserved and protected.
6. Ensure STRs will not overburden public improvements, facilities, and services.
7. Minimize adverse impacts to adjacent private properties and the surrounding neighborhood.
8. Consider distribution and concentration of STRs throughout the community.
9. Craft regulations that are easy to understand and implement.
10. Communicate expectations for civil conduct in line with “good neighbor” policies.
11. Establish enforcement protocols, and ensure regulation of short-term rentals is, at a minimum, revenue neutral to the City.
12. Work towards a solution for STRs that works for Del Mar and will pass muster with the Coastal Commission.
Del Mar is a small coastal city that hosts millions of visitors each year. Overnight visitors are accommodated by hotels that are in Del Mar or nearby with a combined total of 2,379 hotel guest rooms, as well as STR visitor lodging options, as follows:
• Within the City, there are 400 guest rooms between six hotels and two additional visitor-serving lodging businesses.
• Within a five-mile radius of the City of Del Mar’s jurisdictional boundary, there are an additional 1,979 guest rooms between 13 hotels.
• There are also hundreds of STRs located in neighboring communities in the City of San Diego, City of Solana Beach, and County of San Diego, which are advertised as being in “Del Mar,” as well as informal STR accommodations in Del Mar neighborhoods that to date have been unregulated.
By comparison, the City has a total of 2,574 dwelling units per the 2020 United States Census, which means the number of visitor-serving accommodations in the greater Del Mar area exceed the total number of dwelling units in Del Mar. The City’s policy intent is for the proposed STR regulations to accommodate visitors while still maintaining the majority of the local housing stock for use by long term residents. This is consistent with the policy intent of Program 5C in the City’s certified Housing Element and consistent with Coastal Commission policy direction on STRs.
3 September 9, 2024 Item 08
City Council Agenda Report
Introduction of Short-Term Rental Regulations Ordinance September 9, 2024
A dedicated City web page was created to share information with the public about the STR regulations development process: https://www.delmar.ca.us/563/Short-TermRentals DISCUSSION/ANALYSIS:
The proposed STR regulations align with the Del Mar Community Plan, certified Housing Element, and certified Local Coastal Program. This includes Community Plan goals to preserve and enhance Del Mar’s special residential character and small-town atmosphere; preserve housing for diverse age and socio-economic groups at a range of income levels; and Local Coastal Program goals to provide the public with quality overnight accommodations and other visitor-serving facilities, which enhance the unique village character; and ensure visitor-serving facilities are compatible with surrounding development (Attachment C).
Below is a summary of the proposed STR regulations. The revisions incorporated since the City Council meeting on May 20, 2024, Planning Commission hearing on August 13, 2024, and City Council meeting on August 26, 2024, are noted with an asterisk (*):
Citywide Cap
The Ordinance sets the maximum number of STRs at 5% of the City’s total dwelling units based on the most current United States Census data (proposed DMMC Section
30.96.050(B)).
• This equates to a citywide cap of 129 STRs based on the 2020 US Census. • The cap will apply citywide in residential and commercial zones and may initially be exceeded if necessary to accommodate existing STRs.
• Once the cap is reached (or exceeded through accommodation of existing STRs), any applications for new STRs would be placed on a waitlist in the order in which the STR permit applications are received. Once contacted by the City, owners on the waitlist will have 30 days to submit an application to the City, or the City will move on to the next owner on the waitlist.
Existing STRs
The Ordinance accommodates existing STR owners who timely register with the City and obtain a STR Permit (proposed DMMC Sections 30.96.020, 30.96.040, 30.96.050,
30.96.080).
• Defines “Existing STR” as a STR in operation prior to adoption of the City’s STR Ordinance where the owner timely registers the existing STR with the City. • *As proposed, the deadline for owners to register Existing STRs is December 31, 2024. Owners must provide at least one of the document types listed on the STR Registry webpage: fully executed rental agreement that identifies STR address; business license indicating STR business at subject property; Federal or State 4 September 9, 2024 Item 08
City Council Agenda Report
Introduction of Short-Term Rental Regulations Ordinance September 9, 2024
income tax return specifying a STR business at subject property; printed or online advertising or contract indicating actively advertised STR operations at subject property; or other evidence of STR operations at subject property within the last ten years may be submitted for consideration. At least 81% of the Existing STR owners have already provided evidence of their prior STR rental agreements at the registered property. Existing STR owners must register at the following link:
https://www.delmar.ca.us/FormCenter/Planning-6/ShortTerm-Rental-Registry-51 • To date, owners have registered 117 Existing STRs with the City. Attachment E includes the locations of Existing STRs. By comparison, prior data (provided by City consultant, DTA) identified 125 STRs were advertised for rent in Del Mar in June 2023.
• Permit applications for Existing STRs must be submitted within 60 days of the effective date of the Ordinance and will be processed before applications for new STRs (see Attachment G).
• Existing STRs will be accommodated and issued a STR Permit even where the existing operations do not conform with specific requirements applicable to new STRs including:
o May exceed Citywide cap and/or neighborhood caps applicable to the location.
Currently, all existing STRs in the registry are within the identified cap limits. o May continue operating more than one STR per owner (on same lot or separate lots). Currently, there are 95 total owners of the 117 Existing STRs and 17 of the 95 owners own multiple STRs. There are 39 properties with multiple STRs. o May continue operating full-time STRs (even if not in a primary residence). It appears that at least 74% of the existing STRs are not in primary residences based on the limited registry data provided. The 86 owners who provided a separate mailing address (different from the STR address) were considered likely to be operating STRs that are not in primary residences. o May continue operating as a business entity if that is the existing STR ownership in place. Currently, 28 of the 117 registered STRs are owned by businesses including sixteen (16) owned by LLCs, nine (9) owned by Limited Partnerships, and three (3) owned by other business entity types. • Existing STRs are subject to all other applicable provisions of Chapter 30.96 (i.e., maintaining STR permit in good standing and compliance with good neighbor/operation requirements).
• A termination of existing rights will occur upon any of the following:
o The STR permit is not maintained in good standing.
o The STR Permit is not timely renewed prior to the date of expiration or the STR permit is revoked due to non-compliance.
o The transfer of ownership of the STR property, except in situations where a change in ownership occurs and the original owner remains on the title. This allows Existing STR owners to transfer the property title to their families and continue operating as Existing STRs (Section 30.96.030(G)). 5 September 9, 2024 Item 08
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STR Permits
Consistent with City Council direction since October 2023, the Ordinance requires the property owner to obtain a STR Permit to allow STR use (proposed DMMC 30.96.030). • *Clarifies that rentals for one month, monthly rentals, and longer term rentals are exempt from the STR regulations. Requires a STR Permit for the short-term rental of a dwelling unit, or portion thereof, for dwelling, lodging, or sleeping purposes, for a period of thirty (30) consecutive calendar days or less, unless the dwelling unit, or portion thereof, is exempt as a long-term rental. Proposed DMMC Sections
30.96.020 (Definitions) and 30.96.025 (Exemptions) further explain what constitutes a rental that is subject to the STR regulations and what is exempt.
Attachment G includes a summary of the proposed STR Permit procedures. • STR Permits for new STRs will be issued only to “Owner” with recorded interest in the unit.
• *Clarifies that when the owner is a business entity, the application requirement to demonstrate proof of address will involve providing the City with a current Certificate of Status, or similar documentation demonstrating the business entity is active and in good standing with the State of Formation. • Prohibits subletting for STR use and owner’s tenants are not eligible to obtain a STR Permit.
• Allows Existing STR owners to continue operating the existing STR ownership in place. Existing STRs that have registered to-date include STRs owned by natural persons, personal trusts, family trusts, limited liability companies (LLCs), limited partnerships (LPs), limited liability partnerships (LLPs), and corporations. • Owners of new STRs must be natural persons who live in the unit as their primary residence for more than six (6) months per year.
• *Clarifies new STR owners who meet the primary residence requirement may be personal or family trusts, LLCs, LPs, or LLPs if they are natural persons with at least one member (trust beneficiary or manager/member) who lives in the unit as a primary residence. Owners of new STRs may not be timeshares, business trusts, corporations, general partnerships, or other business entities. • *Clarifies that a new STR Permit is not required for changes in title to the dwelling unit resulting from inheritance or where an original owner under the STR Permit remains an owner under the new title. This simplified the prior draft language by removing references to more specific circumstances (i.e., marriage, divorce, death, or transfers to a trust, LLC, LP, or LLP) and clarifying the intent to allow the original owner to modify property ownership on the title to add or remove members while maintaining continuity of the original owner.
• Limits permit issuance for new STR operations to only one STR per owner; owners with more than one Existing STR would be accommodated.
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• Requires a designated local contact person to act as the responsible person to be available twenty-four (24) hours per day, seven (7) days per week for the purpose of responding within thirty (30) minutes to complaints. • Requires the STR permit holder to obtain and maintain property liability insurance (minimum $1 million policy). The City is not required to be listed as an additional insured on the policy.
• *Requires STR permit holder to indemnify, hold harmless, and defend the City from liability claims.
• Requires STR Permit renewal every two (2) years. Applications for a renewal permit must be submitted prior to the permit expiration date. • Requires notice of STR Permit approval to owners within three hundred (300) feet. • The STR Permit application will include owner authorization for the City to conduct a reasonable inspection for safety compliance. The City may, but is not required to, conduct an inspection (Sections 30.96.050(E)(5) and 30.96.070(F)(3)). • A STR Permit is not required for non-commercial home exchanges (no monetary or other consideration exchanged between parties), the L’Auberge Vacation Villas, Wavecrest Resort Timeshares, or hotels who continue to collect and remit TOT.
Residential Zones
Limits new STRs in residential zones to maintain neighborhood character and maintain housing as primary use of dwelling units (proposed DMMC Section 30.96.060). • Limits new STRs to primary residences occupied by the owner as their principal place of residence for more than six (6) months per year. • Maximum of one STR per lot in R1 zones (R1-40, R1-14, R1-10, R1-10B, R1-5, R1-5B, Carmel Valley Precise Plan) and on lots with one primary unit in R2 and RM zones.
• For lots with two primary units (R2 and RM zones):
o Allows STR use in each unit on two-unit condominium lots. o Limits to one STR for lots with two units and only one owner. o Accommodates existing STR owners with two STRs on their lot. o Prohibits STR use in Accessory Dwelling Units (ADUs) in residential zones per State ADU law and in accordance with the City’s ADU Ordinance No. 1002.
Apartments/Condominiums
Limits STRs in multi-unit condos and prohibits STRs in apartments to preserve the City’s older, more affordable rental units for housing (proposed DMMC Section 30.96.060). • Limits new STRs to primary residences that are occupied by the owner as their principal place of residence for more than six (6) months per year. • Prohibits STRs in existing apartments in the RM-South, RM-West, RM-East, and R2 residential zones to preserve these units for housing. In residential zones, there are nine (9) existing apartment complexes with 321 total units (Attachment D). 7 September 9, 2024 Item 08
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• Limits STRs in multi-unit condos in the RM-South, RM-East, RM-West, and R2 residential zones to a maximum of 10% of the total primary dwelling units and requires written consent of the homeowner’s association. Creates potential capacity for 45 STRs in the 17 existing condo complexes with 421 total units that range in size from 5-unit to 126-unit complexes (Attachment D). • Prohibits STRs in units that are subject to affordable housing restrictions.
Commercial Zones
Allows STRs in commercial zones (except the Beach Commercial (BC) zone) for consistency with the Coastal Act, which prioritizes visitor serving uses over residential (proposed DMMC Section 30.96.060).
• Limits new STRs to primary residences occupied by the owner as principal place of residence for more than six (6) months per year.
• Allows STR use in the Visitor Commercial (VC) zone.
• Allows STRs in zones that allow residential: Residential-Commercial (RC), Central Commercial (CC), North Commercial (NC), Professional Commercial (PC), and the 941 CDM Specific Plan.
• STR use will be permitted in an ADU in commercial zones only where the ADU is used as a primary residence, which is consistent with State Housing law, the Coastal Act, and the ADU Ordinance adopted by the City Council in December 2023 that is currently pending Coastal Commission certification. • Limits STRs in apartments and condos in commercial zones to 10% of the primary dwelling units (there are no existing apartments in the RC, CC, NC, or PC zones). • Continues to allow visitor accommodation use in the Wavecrest Resort Timeshares, Hotel Specific Plan, 941 CDM Specific Plan, VC Zone and CC Zone per applicable entitlements and zoning.
• Attachment D includes an analysis of STR potential in commercial zones as summarized below:
o VC zone: Allows STR use. The existing Terraces Apartments is a 53-unit complex of older studio apartments (non-conforming use) where STR use would be limited to 10%, which would provide potential capacity for five (5) STRs (consistent with LCP) and maintain the other 48 units as lower cost housing options.
o NC Zone: Allows STR use. Creates potential capacity for four (4) STRs in entitled 50-unit residential project (pending building permit approval and construction), which includes 10 deed-restricted lower income units that are prohibited from use as STRs.
o PC Zone: Allows STR use. There are no existing dwelling units in zone. o 941 Camino del Mar Specific Plan: Existing Specific Plan allows STR use.
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building permit approval), which includes two (2) deed-restricted low-income units that prohibit STR use.
o CC Zone: Allows STR use. Potential capacity for five (5) STRs where five (5) lots each have one (1) unit accessory to the existing commercial uses: 300 9th Street (at 915 Camino del Mar), 1101 Camino del Mar, 1105 Camino del Mar, 1202 Camino del Mar, and 1126 Camino del Mar. For use as new STRs, units would need to be maintained as primary residences.
o RC zone: Allows STR use. Potential capacity for six (6) STRs on six (6) lots, including three (3) lots that each have a single unit and three (3) lots that each have two (2) units per lot.
Neighborhood Caps
The proposed Ordinance establishes caps to mimic historic use patterns and minimize potential for overconcentration (proposed DMMC Section 30.96.060). • Sets neighborhood concentration limits as percentage of the total STRs allowed per citywide cap. Based on 2020 Census Data, the citywide cap will be 129 at the time of the Ordinance adoption. Attachment E identifies the location of the existing STRs registered to-date and capacity with respect to neighborhood cap. • Attachment F includes the three neighborhood cap areas, identified as North Beach, South Bluff, and Hills.
• Sets a 60% cap in North Beach neighborhood (R1-5B, R1-10B, RM-East, RMWest) – Capacity for 77 STRs. The City has record of 74 existing STRs registered in North Beach. (By comparison, 71 STRs were advertised in June 2023). • Sets a 25% cap in South Bluff neighborhood (R1-40, R2 south of 15th Street, RMSouth, RC) – Capacity for 32 STRs. The City has record of 25 existing STRs registered in South Bluff. (By comparison, 32 STRs were advertised in June 2023). • Sets a 15% cap in Hills neighborhood (R1-40, R1-10, R1-5, RM-Central, northerly R2, CVPP) – Capacity for 19 STRs. The City has record of 18 existing STRs registered in Hills. (By comparison, 19 STRs were advertised in June 2023). • In locations where no concentration limit is set (i.e., North Bluff or commercial zones), STRs would still count towards the citywide cap.
Good Neighbor Provisions/Operating Requirements
The proposed Ordinance communicates expectations for civil conduct and includes provisions to protect public health, safety, and welfare in surrounding neighborhoods (proposed DMMC Sections 30.96.050 and 30.96.070).
• Owner must provide copy of standard rental agreement to confirm inclusion of required content per STR regulations.
• *Clarifies STR advertisements including those posted on or by web- or applicationbased hosting platform or third-party booking vendor websites must include STR Permit number.
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• Owner must acknowledge review of Good Neighbor Policy (Attachment H). • Approved STR permits to be posted on website and notice mailed to owners within three hundred (300) feet.
• Requires rental agreements provide a minimum three (3)-night stay and limit STR occupancy to two (2) persons per bedroom plus two (2) additional persons. • Limits additional guests to visits during the hours of 8:00 a.m. and 10:00 p.m. daily. • Requires primary rental guest to be at least twenty-five (25) years of age, listed on rental application, and present at the STR during the rental period. • Requires rental agreement specify regulations for occupancy, parking, trash, noise limits, and other details.
• *Clarifies the trash disposal includes organic waste and recycling in appropriate containers.
• *Clarifies local contact person must be available twenty-four (24) hours per day, seven (7) days per week to promptly respond to complaints within thirty (30) minutes of receipt from the City, County Sheriff’s Department, or residents. • Requires interior display of STR Permit, TOT rate, and Good Neighbor Policy and requires exterior display of the STR notice and designated twenty-four (24) hour local contact person.
• Limits use to lodging and prohibits events (i.e., weddings, receptions, commercial functions, bachelor/bachelorette parties, and similar events). • Prohibits STR use in non-dwelling units (i.e., tents, garages, or vehicles).
Enforcement
The Ordinance establishes enforcement protocols (proposed DMMC Section 30.96.080). • Identifies violations, penalties, enforcement provisions consistent with citywide enforcement procedures and in accordance with the monetary penalties set forth under State law.
• Sets forth the procedures and required grounds for decisions to suspend or revoke STR permit.
• Identifies the process to appeal a permit denial, suspension, or revocation. • Applies fine amounts specific to the Ordinance per Government Code Section 36900(d).
STR Permit Fee and Transient Occupancy Tax (TOT)
The proposed Ordinance requires payment of a STR Permit Fee and collection/remittance of TOT (proposed DMMC Section 30.96.070). • The STR Permit Fee would establish cost recovery consistent with the City’s fee schedule. The STR Permit Fee will be set at a future date when the costs for implementation and enforcement are known.
• DMMC Chapter 3.12 sets forth the requirements for collection and remittance of TOT for all types of transient occupancy uses citywide. 10 September 9, 2024 Item 08
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• Under the proposed Ordinance, rentals of a dwelling unit for terms of one month or longer would be expressly exempt from the requirement to collect and remit TOT during rental periods when the dwelling unit, or portion thereof, is operating as a long-term rental including:
o Rentals for a fixed term (e.g., annual) or periodic tenancy (e.g., month-tomonth) with a total rental period of more than 30 days; and o Rentals for a month.
Correspondence
In preparation for the hearing, the City received comments related to the proposed Ordinance that are summarized below. The most frequently asked questions have been regarding the definition of a STR, accommodation of Existing STRs, the citywide and neighborhood caps, the primary residence requirement/limit on ownership types for new STRs, the ability for the City to conduct inspections if needed, the environmental determination, and the plan for implementation and enforcement of the Ordinance. The proposed Ordinance was prepared consistent with the policy direction provided by the City Council. The City Council can modify provisions within the draft Ordinance; however, all regulations must be clearly stated in the written public record when the City Council takes action to introduce the Ordinance.
• Definition of STR: Comments have been received in opposition to the Ordinance definition of STR as a rental of a dwelling unit, or any portion thereof, for dwelling, lodging, or sleeping purposes, for a period of thirty (30) consecutive calendar days or less, unless otherwise exempted. Consistent with City Council direction on August 26, 2024, exemption provisions were incorporated to clarify that rentals of a dwelling unit for one month or longer terms will be expressly exempt from the STR regulations in Chapter 30.96 and requirement to collect and remit TOT. • Accommodation of Existing STRs: Consistent with City Council direction the proposed Ordinance accommodates Existing STRs operating in the City prior to adoption of the Ordinance so long as the Owner timely registers the Existing STR with the City as of the date stated in the Ordinance. As proposed, all Existing STR owners who register their STRs with the City by December 31, 2024, and who submit STR Permit applications within 60 days of the effective date of the Ordinance, will be accommodated as Existing STRs. Existing STRs may exceed the citywide cap and/or neighborhood caps applicable to the location; may continue operating more than one (1) STR per owner (on same lot or separate lots); may continue operating full-time STRs (even if not in a primary residence); and may continue operating as a business entity if that is the existing STR ownership in place.
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• Citywide and Neighborhood Caps: Comments have been received regarding the Ordinance provisions for citywide and neighborhood caps asking for the citywide cap to be set as a hard cap based on the total units in the 2020 US Census, which would not allow for any increase in capacity beyond the 129 unless the Ordinance is formally amended by the City Council. Per City Council direction, calculation of the citywide cap is set at 5% of the City’s total dwelling units based on the most current US Census data. The City also received requests seeking to reduce the neighborhood cap limit for the Hills neighborhood cap boundary (Attachments E and F). These caps included in the Ordinance are consistent with City Council direction. Currently, the number and location of Existing STRs registered with the City have been consistent with what was advertised for STR use in 2023 and with the citywide and neighborhood caps set in the proposed Ordinance (Attachment C).
• Primary Residence Requirement for New STRs: Comments have been received in opposition to the Ordinance provision for owners of new STRs to be natural persons who live in the unit as their primary residence for more than six (6) months per year. Consistent with City Council direction, Existing STRs are exempt from the primary residence requirement and only new STRs that are not in a primary residence are prohibited. This regulatory approach is consistent with the City’s Housing Element and the latest California Coastal Commission policy guidance. • STR Ownership Types: Comments have been received expressing concerns regarding the Ordinance provision relating to allowable ownership types.
Consistent with City Council direction, the existing ownership format for all Existing STRs will be accommodated. This means that all Existing STRs are being accommodated regardless of ownership type. The City Council’s initial direction was to preclude new STRs from being owned by business entities. In consideration of public comment indicating that LLCs can function as primary residences, the City Council directed that the Ordinance also accommodate LLC ownership for new STRs. Staff has since been asked to clarify that new STRs may be owned by LLCs, LPs, and LLPs where they are primary residences. This means that new STRs may be owned by natural persons, personal trusts, family trusts, LLCs, LPs, and LLPs where at least one of the natural persons who is the owner of record occupies the dwelling unit as their primary residence (See definition of “Owner” in Section 30.96.020).
• Inspections: Comments have been received from Existing STR owners in opposition to the Ordinance provision for a reasonable inspection to be conducted for safety compliance. Consistent with City Council direction, each STR Permit application will include the owner’s authorization for the City to conduct a 12 September 9, 2024 Item 08
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reasonable inspection for safety compliance. The City may, but is not required to, conduct an inspection (Sections 30.96.050(E)(5) and 30.96.070(F)(3)). • Environmental Determination: As noted in the Environmental Impact statement below, the proposed STR regulations were analyzed in accordance with applicable law. The proposed regulations do not provide for any new development or construction. STR is a land use type that operates within an existing dwelling unit.
The proposed regulations accommodate existing STR operations and maintain the existing baseline environmental conditions. The proposed regulations are consistent with the data collected and public testimony in terms of the number of existing STRs, geographic location, and the manner of operations. The Ordinance is creating new citywide STR regulations and a permit process in the Del Mar Municipal Code to explicitly allow for STR use in accordance with specified requirements. There are no proposed changes to the existing regulations or permit procedures for development, and there is no potential for the STR regulations, if approved, to cause a significant effect on the environment or impact to public health and safety.
• Implementation/Enforcement: Implementation and enforcement of the new STR regulations is anticipated to be managed primarily by a third-party vendor. This will include management of the STR Permit issuance process, resources to assist STR Operators and interested persons in the community, monitoring and reporting, and enforcement. It is anticipated that updates will be provided to the City Council on an annual basis. The City Council can adopt amendments to the Ordinance and provide direction to modify the initial implementation protocol.
Next Steps
• Introduce and adopt the Ordinance.
• Submit the adopted Ordinance to the Coastal Commission for certification. • Evaluate third-party vendors for implementation/enforcement of the Ordinance. • Set permit fee to establish cost recovery for implementation of the Ordinance.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council for this agenda item.
HOUSING IMPACT:
Adoption of the Ordinance will implement the City’s 6th Cycle Housing Element. STRs involve commercial use of a dwelling unit, which has the potential to decrease the availability of housing options if left unregulated. Housing Element Program 5C commits the City to implement measures to reduce current vacancy rates with the intent to maintain dwelling units for long term housing. A unit is recorded as “vacant” when off-site owners report their units as unoccupied with no housing tenant. The proposed STR regulations 13 September 9, 2024 Item 08
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